HomeMy WebLinkAboutA014 - Council Action Form dated September 14, 2010 a 1
ITEM # 28
DATE: 09-14-10
COUNCIL ACTION FORM
SUBJECT: MAJOR SUBDIVISION FINAL PLAT FOR SUNSET RIDGE
SUBDIVISION FOURTH ADDITION
BACKGROUND:
Eugene Dreyer, representing Hunziker Land Development, has requested approval of a
major subdivision plat for Sunset Ridge Subdivision Fourth Division. The site is located
between Wilder Avenue and Hartford Drive, north of Lincoln Way. It is currently a vacant lot
and is the next extension of the development known as Sunset Ridge. This proposal is to
subdivide the existing outlot into 28 lots—22 residential lots, five outlots intended for later
development, and one lot to be dedicated for street purposes. The location of the project is
shown on Attachment 1. The proposed subdivision plat is shown on Attachment 2. The
necessary supporting documents have also been submitted.
Public utility easements are being granted as noted on the plat. In addition, Lot D is
proposed to be dedicated as extensions of Wilder Avenue and Hartford Drive, and a new
street—Springbrook Drive. The public utilities have been installed and the paving is
underway, although not complete.
City staff has confirmed that the requirements in Section 23.503 of the Municipal Code,
Major Final Plats, and applicable site design standards found in Section 23.401 have been
satisfied. Please note that a letter of credit in the amount of$171,450 has been submitted
to satisfy the remaining paving, erosion control, and street lighting. In addition, sidewalks
have not been installed although the standard sidewalk installation agreement has been
submitted and signed. These documents have been reviewed by the City legal staff and
Public Works staff and found to be acceptable.
The final subdivision plat is consistent with the preliminary plat that was approved by the
City Council on October 24, 1006. Although there are two fewer lots along Springbrook
Drive than shown on the approved preliminary plat, this is considered a minor amendment
(as defined by Section 23.306(a) of the subdivision regulations), which allows the City
Council to accept the change by approving the final plat.
ALTERNATIVES:
1. The City Council can approve the Final Plat for Sunset Ridge Subdivision Fourth
Addition by finding that all requirements of Municipal Code §23.302(10) (b) are met.
2. The City Council can deny the Final Plat for Sunset Ridge Subdivision Fourth Addition if
it finds that the development creates a burden on existing public improvements or
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creates a need for new public improvements that have not yet been installed.
3. The City Council can refer this request back to staff or the applicant for additional
information. Final action would need to occur no later than April 26 unless the applicant
requested an extension.
MANAGER'S RECOMMENDED ACTION:
City staff has evaluated the proposed final subdivision plat and determined that the
proposal is consistent with the Preliminary Plat approved by the City Council and that the
plat conforms to the adopted ordinances and policies of the City of Ames as required by
Code.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1 approving the Final Plat for Sunset Ridge Subdivision Fourth Addition.
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ATTACHMENT 1: GENERAL LOCATION
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ATTACHMENT 2: FINAL PLAT
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ATTACHMENT 3: APPLICABLE LAW
The laws applicable to this case file are as follows:
Code of Iowa Chapter 354.8 states in part:
A proposed subdivision plat lying within the jurisdiction of a governing body shall be
submitted to that governing body for review and approval prior to recording.
Governing bodies shall apply reasonable standards and conditions in accordance
with applicable statutes and ordinances for the review and approval of subdivisions.
The governing body, within sixty days of application for final approval of the
subdivision plat, shall determine whether the subdivision conforms to its
comprehensive plan and shall give consideration to the possible burden on public
improvements and to a balance of interests between the proprietor, future
purchasers, and the public interest in the subdivision when reviewing the proposed
subdivision and when requiring the installation of public improvements in
conjunction with approval of a subdivision. The governing body shall not issue final
approval of a subdivision plat unless the subdivision plat conforms to sections
354.6, 354.11, and 355.8.
Ames Municipal Code Section 23.302(10) states as follows:
(10) City Council Action on Final Plat for Major Subdivision:
(a) All proposed subdivision plats shall be submitted to the City Council for
review and approval. Upon receipt of any Final Plat forwarded to it for review
and approval, the City Council shall examine the Application Form,the Final
Plat, any comments, recommendations or reports examined or made by the
Department of Planning and Housing, and such other information as it
deems necessary or reasonable to consider.
(b) Based upon such examination, the City Council shall ascertain whether
the Final Plat conforms to relevant and applicable design and improvement
standards in these Regulations, to other City ordinances and standards, to
the City's Land Use Policy Plan and to the City's other duly adopted plans.
(c) The City Council may:
(i) deny any subdivision where the reasonably anticipated impact of
such subdivision will create such a burden on existing public
improvements or such a need for new public improvements that the
area of the City affected by such impact will be unable to conform to
level of service standards set forth in the Land Use Policy Plan or
other capital project or growth management plan of the City until such
time that the City upgrades such public improvements in accordance
with schedules set forth in such plans; or,
(ii)approve any subdivision subject to the condition that the Applicant
contribute to so much of such upgrade of public improvements as the
need for such upgrade is directly and proportionately attributable to
such impact as determined at the sole discretion of the City. The
terms, conditions and amortization schedule for such contribution may
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be incorporated within an Improvement Agreement as set forth in
Section 23.304 of the Regulations.
(d) Prior to granting approval of a major subdivision Final Plat, the City
Council may permit the plat to be divided into two or more sections and may
impose such conditions upon approval of each section as it deems
necessary to assure orderly development of the subdivision.
(e) Following such examination, and within 60 days of the Applicant's filing of
the complete Application for Final Plat Approval of a Major Subdivision with
the Department of Planning and Housing, the City Council shall approve,
approve subject to conditions, or disapprove the Application for Final Plat
Approval of a Major Subdivision. The City Council shall set forth its reasons
for disapproving any Application or for conditioning its approval of any
Application in its official records and shall provide a written copy of such
reasons to the developer. The City Council shall pass a resolution accepting
the Final Plat for any Application that it approves.
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