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Home My WebLink AboutA001 - Council Action form dated August 14, 2012 c ' R ITEM # 32 DATE: 08-14-12 COUNCIL ACTION FORM (Prepared 8/14/12) SUBJECT: MAJOR FINAL PLAT FOR RINGGENBERG PARK SUBDIVISION THIRD ADDITION BACKGROUND: On May 12, 2012, the City Council approved an amendment to the Preliminary Plat/Major Site Development Plan for the Ringgenberg Park Subdivision, Planned Residence Zoning District located south of Oakwood Road, west of Cedar Lane. The amendment removed the southern portion from the original Planned Residence District because that portion was sold to Iowa State University. That change left one final plat to complete the platting of the Ringgenberg Park development, which includes sites for 109 single-family detached residences and one large lot at the north end for single- family attached residences or small apartment residences. On Tuesday, August 7, 2012 Kurt Friedrich, on behalf of Heartland Development LLC submitted an application for approval of a Final Plat for Ringgenberg Park, platting the remaining 31 lots in the project, and requested consideration by the City Council at its August 14 meeting. Along with the Final Plat, the following documents have been submitted: • Request for a waiver of the 15-day minimum application submittal requirement for a final plat. • Resolution Accepting the Plat of Northridge Heights, 14th Addition • Consent to Platting • Treasurer's Certificate • Attorney's Title Opinion • Agreement for Sidewalk and Street Trees • Resolution Accepting Public Improvements (Completed) • Agreement for Public Improvements (Remaining) • Letter of Credit • Easements (Public utilities, stormwater, walkway) The proposed Final Plat complies with the approved Preliminary Plat and there were no conditions of approval of the Preliminary Plat. Public improvements required with the Third Addition are completed except for some erosion control, grading and paving of Cedar Lane, surface paving of Coyote Drive and Red Fox Road and pedestrian ramp facilities. A letter of credit for $250,000 has been submitted to secure the completion of these public improvements. Sidewalks and street trees on Coyote Drive and Red Fox Road are also yet to be 1 completed, lot-by-lot as homes are built, in accordance with the proposed Agreement for Sidewalk and Street Trees. Public improvements outside of this Third Addition were addressed by the original Development Agreement for Ringgenberg Park, approved City Council on December 20, 2005. These have all been completed except for a bike path on the south side of Oakwood Road across the north boundary of this Subdivision, a bike path on the west side of Cedar Lane along the frontage of the large lot for attached residences or apartments, and various sidewalk segments where homes have not yet been built. The original Development Agreement specified that the bike paths were to be completed with the First Addition and the sidewalks were to be completed within two years of the platting of the lots. That deadline has not been met. An Agreement for Sidewalk and Street Trees was also approved with the first final plat. This agreement provides for withdrawing building or occupancy permits if a residence is built without installing adjacent sidewalks within two years. With this approach, sidewalks will continue to be built on a lot-by-lot basis as homes are built, however long that takes. This agreement also applies to the bike paths. If the bike paths are not completed within two years after any single-family attached or apartment residences are built, occupancy permits for those units can be revoked. However, the agreement does not specify whether this applies upon completion of the first residential unit built, the last residential unit built or upon completion of some portion of residential units on this large lot. Although no connecting bike paths exist on Oakwood Road, the City expects to complete the segment to the east within the next two years. As the City Council is aware, this process for securing the construction of sidewalks in lieu of financial security has become the routine for residential subdivisions in Ames. However, this is the first request in over ten years for approval of the final plat in a larger subdivision developed over several years. The City Council does have the opportunity to establish a deadline for completion of the sidewalks and bike path and require an Improvement Guarantee. After this Final Plat is approved, that opportunity will be gone. It could be determined that the proposed subdivision complies with all relevant and applicable design and improvement standards of the Subdivision Regulations, with the exception of the improvements listed in this report, to the City's Land Use Policy Plan, to other adopted City plans, ordinances and standards, and to the City's Zoning Ordinance. If the City Council prefers financial security for completion of walks and bike paths, it can require that an Improvement Guarantee be presented before release of the approved Final Plat documents for the Ringgenberg Park Subdivision Third Addition. Waiver of Subdivision Standards. As is stated above, the application was submitted on Tuesday, August 7, 2012. However, Section 23.302(8)(a) of the Municipal Code states that, "The Applicant shall file an Application for Final Plat Approval with the Department of Planning and housing at least fifteen days prior to a regular meeting of the city Council . . ." That period of time provides staff opportunity to send copies of the 2 plat to internal departments as well as external parties that have interest in the plat, including the County Auditor, and all utility providers. In order to meet the applicant's requested deadline, it would be necessary for the Council to approve a waiver of the 15- day minimum deadline. Such a waiver may be considered by the Council under the provisions of Section 23.103(1), which states "that the Council may approve a waiver if it can be shown that strict compliance with the requirements of the Regulations would result in extraordinary hardship to the applicant or would prove inconsistent with the purpose of the Regulations so that substantial justice may be done and the public interest secured; provided, however, that such modification or waiver shall not have the effect of nullifying the intent and purpose of the Regulations." The applicant's attorney, Brian Torresi, has submitted a waiver request, and in the request has provided a statement of hardship. The Council should determine if the applicant has met the criteria for hardship. If so, Council may approve the waiver. This would be a necessary first step in review of this application at this time. If the Council approves the waiver, it may then review and render a decision on the proposed final plat. If the Council denies the waiver, it must inform the applicant that the application will be considered no sooner than August 28, 2012. ALTERNATIVES: First, the City Council must decide whether or not it desires to approve a waiver of the 15-day application requirement for final plats. If so, then the Council could consider the following alternatives: 1. The City Council can approve a resolution approving the Final Plat for Ringgenberg Park Subdivision Third Addition by finding that all requirements of Municipal Code §23.302(10)(b) are met, conditional upon receipt of an Improvement Guarantee in the amount of $150,000 to cover the cost for completion of sidewalks and bike paths required by the Development Agreement for Ringgenberg Park Subdivision approved on December 20, 2005. 2. The City Council can approve the Ringgenberg Park Subdivision Third Addition without additional improvement guarantees by finding that all requirements of Municipal Code §23.302(10) (b) are met. 3. The City Council can deny the Final Plat for Ringgenberg Park Subdivision Third Addition if it finds that the development creates a need for new public improvements that have not yet been installed per the approved Preliminary Plat and Development Agreement. 4. The City Council can refer this request back to staff or the applicant for additional information and or documents to be submitted to City Council by a date certain. That date, however, must be no later than the September 25, 2012 meeting. 3 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. Certain public improvements have not yet been completed and an Improvement Agreement and Letter of Credit has been presented to secure completion, except for the remaining sidewalks and bike paths. Although it makes sense to avoid damage to sidewalks by waiting until homes are built before the sidewalk in front is installed, it also seems reasonable that up to six years after moving into a subdivision the current residents should be able to enjoy an unbroken sidewalk system. As to the remaining bike paths, which were to have been completed by 2008, there is no bike path system to connect to either east or west of the Ringgenberg Park Subdivision. Since the City's bike path network is expected to connect to this location within two years, it is reasonable to require the remaining bike paths in this development to be completed within that same time frame. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, thereby approving a resolution approving the Final Plat for Ringgenberg Park Subdivision Third Addition by finding that all requirements of Municipal Code §23.302(10) (b) are met, conditional upon receipt of an Improvement Guarantee in the amount of $150,000 to cover the cost for completion of sidewalks and bike paths required by the Development Agreement for Ringgenberg Park Subdivision approved on December 20, 2005. 4 Applicable Laws and Policies Pertaining to Final Plat Approval Adopted laws and policies applicable to this 'case file include, but are not limited to, the following: Ames Municipal Code Section 23.302 I01 City Council Action on Final Plat Or NInjor Subdivision: (a) All proposed siblAsionplatsshallbesubmittedutthcC'iiy Council forrcvicw and approval. Upon rec•cipt May Final flat Orvardcd to it Or review and approval.the City Council shall examine the :application Fornn.the Final flat.any comments,recommendations or reports examined ormade by the Department KI'lamIg.utd Housing, and such Wher information as it deems necessary or reasonable to consider- (b) Bused upon such exanrinatiitn. the City Council shall ascertain whether the Final flat conforms to relevant and applicable design and improvement standards in these Rcgulations, to other City ordinances and standards, to the C'ity's Land Use Polic;,' flan and to the C'ity's other (July adopted plans_ (ci The City Council may: (A deny any subdivision :vharc Te reasonably anticipated impact Much subdivision will create such a burden on exk&w public improvements or such a need Or new public impromements that the area of the City alTected by such impact will be unable to conform to level ot'sen•icc 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 ,vith schedules set forth in such plans.or. (H) 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. "Ile ternq conditions and amortization schedule for such contribution may be incorporated within an Improvement Agreement as set Rinh in Section '23304 oCthe Regulations. (d) Prior to grantin«approval of a ni-,&rsubdivision 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 deVclopnnnt of the Subdivision. (el Following such examination, and within 60 days ol'the Applicant's filing ol•thc• complete Application Or Final Plat Approval of it A4ajor Subdivision with the Department of Planning and Housing. the City Council Shall approve.appro^:e suhicct to conditions.or disapprove the Application for Fina I flat Approval of a\laijor Subdivision. The City Council shall set forth its mamma for dKilil ring any ApplicaRn or Or conditioning its approval of any Application in its official records and shall provide a written copy of such masons to the dnvhper. Ile City Council shall pass a resolution accenting the Final Plat Ar any Application that it approves. rOrci. iVo. 3524. 5- -JJ) 5 fin r ==5t�y 1y 4 3•� N h_ �� [-._-�- - 'll �- reo�Fa�ao'°�w-aaan_'.°C1'*q•�-=,;,,,-,_rg�_.�3+" � I t -��& _ ,.,�,- 6 �..�`•� ,+-. -..�Y yr • '"�e -• --'- i �•- --- r. 5� 7nag I, '•'4j" �11, 7 I 1' ' ----- --- -1 ct r--_ ---- 02 �' uu@ /,. a '',, ,./ SS�/ a� •• =�2f ^'•sf{{ �:� - /_9 �. 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