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Home My WebLink AboutA012 - Council Action Form dated October 26, 2010 ITEM # 20b DATE: 10-26-10 COUNCIL ACTION FORM SUBJECT: WAIVER OF SUBDIVISION REQUIREMENTS FOR PUBLIC IMPROVEMENTS FOR THE GRAND AVENUE RIGHT-OF-WAY IN THE PROPOSED GRAND ASPEN SUBDIVISON, 4T" ADDITION. BACKGROUND: On October 11, Matthew Randall, representing the Randall Corporation, submitted a request for a waiver of subdivision requirements for public improvements for the Grand Avenue right-of-way in the proposed Grand Aspen Subdivision,4t"Addition...The purpose,- ioLthe-..req.ues.t fora waiver is-to aFlow.approyal of-the Final-Plat for Grand-Aspen . Srubdivision; 4t"-Addition; as=a-'Minor-Subdivisi. n,.'-'_riot-as._a_"Major Subdivision.-.'.'' A Final Plat for a Minor Subdivision is being processed concurrently with the request for a waiver, and is to be considered for approval following Council action on the waiver request and following City Council's action on the Developer's Agreement forthis subdivision. (See Final Plat maps in the CAF for Final Plat) The proposed subdivision includes three lots. Lot 1 is planned for development in the"RH" (High-Density Residential) zone, and includes 13.16 acres. Lot A is the right-of-way for Grand Avenue, and Outlot D is an unbuildable lot that includes 0.19 acres in the northeast corner of the subdivision. Public improvements planned for the Grand Avenue right-of-way include street paving, curb and gutter, street lights, street trees, a bicycle path along the west side of the street and a sidewalk along the east side, subject to the Developer's Agreement for this subdivision..The-D:e-veloper-is-to-dedicate-theGrand-Avenue-right=of=way to the City.and ,_theyCity-_w_ilwbe--resp.on.sible for the installation of the improvements:- - - A division of land is classified as a "Major Subdivision" if the subdivision includes three or more lots, and/or there is a requirement for the construction of public improvements as part of the subdivision. A"Major Subdivision" requires the approval of a Preliminary Plat and a Final Plat. Grand Aspen Subdivision, 4t" Addition, is a "Major Subdivision," since public improvements are required as part of the subdivision. A "Minor Subdivision" is the division of land into no more than three lots, with no requirements for public improvements. Approval of a "Minor Subdivision" requires only a Final Plat.The Developer of.Grand Aspen_Subdivisio�n requests.that-the_City_process the_propo!E e-d_subdivision as°a "-MinorSubdivis.ion"'to expedite the approval process by-s aving the time it-would otherwise take to.process the Preliminary-Plat., The Final `Plat for Grand Aspen Subdivision,-4t" Addition;c-an be approved-without first approving a Preliminary Plat, if the City Council waives the requirement for 1 construction of public improvements in the Grand Avenue right-of-way by the Developer. Section 23.103 of the Municipal Code outlines provisions forwaivers or modifications of the subdivision regulations,where it can be shown that strict compliance with the requirements of the regulations would result in either one of the following two criteria: A. Extraordinary hardship or B. Would prove inconsistent with the purpose of the regulations because of: • Unusual topography, or • Other conditions. Section 23.103 provides for this deviation from the subdivision requirements only if: A. Substantial justice is done and B. The public interest is secured. Section 23.103 further outlines that a modification or waiver shall not have the effect of nullifying the intent and purpose of the regulations. If the City Council grants a modification or waiver, the Council may impose additional conditions as are necessary to secure substantially the objectives of the requirements that were modified or waived. Typically, the Developer of a subdivision is required to install all streets and other public improvements at their own expense, prior to approval of the Final Plat. If the improvements are not completed by the time of Final Plat approval, an Improvement Agreement with financial security for the estimated cost of the improvements is provided by the Developer and approved by the City Council at the time of Final Plat approval. �l.n this particuia'r case,=since-th-aDevel'operwill''not be-respo:ns.'ible-for installing-the_Grand Avenue-right-of=way improvements-and-the responsibility.shifts to-the City,it is similar to a Minor Subdivision" in which=fihere-ar..e.no_more than three lots ancLno public�nfrastru -tu`r-'e is--required•: It can be concluded that the requirements for public improvemenfs being adequately addressed in the Developer's Agreement, and that substantial justice is done and the public interest is secured, and therefore, the waiver of requirements for public improvements for the Grand Avenue right-of-way is appropriate. The City Council is required to determine compliance with the applicable law as described in Section 23.103 (see above). Based upon the analysis in this report, the City Council may determine that the requested waiver of public improvements meets the criteria for the granting of a waiver, as required in Chapter 23 (Subdivisions) of the Municipal Code. Specifically, the Council may conclude that substantial justice is done and the public interest is secured by the fact that the required public improvements will be installed by the City, instead of the Developer, as described in the Developer's Agreement. 2 ALTERNAT-INES•-- - "~ f'� ` 1,f If the City Council concludes that the requirements for public improvements a"e ' adequately addressed in the Developer's Agreement and that the public interest will be secured, the City Council can approve the waiver requests for the requirements 1 for public improvements for the Grand Avenue right-of-way in the proposed Grand Aspen Subdivision, 4th Addition, subject to the following condition: A. That the City Council approve the Developer's Agreement for Grand Aspen/! Subdivision, 4th Addition. =%" .f" 2. The City Council-'---d eny h-e re-quest_to.waive-or.modif - --reg-ulat on s which require public improvements for the Grand Avenue right-of-way in the proposed Grand Aspen Subdivision,4th Addition, if it finds that there is insufficient information to determine that the criteria of Section 23.103 have been met. This would require the processing of a Preliminary Plat and a Final Plat for approval of a Major Subdivision. 3. The City Council can refer this request back to the applicant or staff for more information before making a decision. MANAGER'S RECOMMENDED ACTION: The Development Agreement for this subdivision stipulates that the City will build Grand Avenue and install all of the associated public improvements. Since the Developer is not responsible for the installation of public improvements in this particular subdivision, it seems reasonable that only a Final Plat should be required, and that the proposed subdivision would then be considered to be a Minor Subdivision. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative#1. Approval of the waiver will allow approval of the Minor Final Plat for Grand Aspen Subdivision, 4th Addition. 3 u { a S4TH ST a a `� , 7 saw`" mz-a W }yam�� :„�, ��3 a-�+' `� � � � � ✓f�� s �a Lys " s7777, 7, l I^ S STH ST SE'STHtST Wd 1 9 777,St A,'W m ° a3 K �y Site a l - r --s w✓ °'� t i xs Q + 3 � � ❑ �� € �� t;u� x� GASPEN RIDGE�RD�` €t`. a h�t� � � Izt— a O a UR saQ¥ g��j� �� Q ��3 S 4 sa p , SaIt7sTHC5T — Pffir I j1 ^i�``t'� t Zr Alf P a 3 I �3� fY/i➢�2 f � K� '`- ., 3av lY s Pu d 4 ,i i'• }t .. uj Location Map Grand Aspen 4th Add. Final Plat nnaparea � Y. CSC .a r `- N ' 0 500 1,000 2,000 ' Feet 4 JIM RANDALL CORPORATION October 11, 2010 Mayor Ann Campbell City of Ames, City Hall 515'Clark Avenue Ames, Iowa 50010 Re: GTand.Aspe.n Subdivision, Fourth edition Dear Mayor Campbell, In regards to our submittal of the Final Plat of Grand 11.spen Subdivision, Fourth edition; ask that you waive the requirement for improvements for Grand Avenue as these will be installed by the City of Aires per the agreed upon developers agreement. Sincerely, i Matthew D. Randall Vice President E,! ED UCT CzII i 0ri AP ESQ it;WA 9 DLEPT OF PLANT ING &HOUSIPlt