HomeMy WebLinkAboutA002 - Council Action Form dated July 26, 2016 - pulled to July 10, 2012 4 -7 to
54&FF (5.0,
ITEM # 34a&b
DATE: 06-26-12
COUNCIL ACTION FORM
SUBJECT: MAJOR FINAL PLAT FOR NORTHRIDGE HEIGHTS SUBDIVISION 15T"
ADDITION
BACKGROUND:
On June 28, 2011 the City Council approved the most recent revised Preliminary Plat
for Northridge Heights Subdivision. Owner Uthe Development Company is requesting
approval of a Final Plat for the Northridge Heights Subdivision 15th Addition. The
proposed subdivision extends Stange Road to the north and creates eleven lots for
single family detached homes east of Stange, seven lots for single family attached
homes west of Stange and Lot 19 to be dedicated to the City for use as a neighborhood
park. (See Attachments A & B).
The proposed Final Plat complies with the approved Preliminary Plat and therefore it
has been forwarded to the City Council for its review as per Ames Municipal Code
Section 23.302(9)(c). Section 23.302(10)(b) of the Municipal Code states that 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. Section 23.302(10)(e) requires that the City Council approve, approve subject to
conditions or disapprove the Final Plat within 60 days of the applicant filing the complete
application for final plat approval, which would be by July 24, 2012.
The following documents have been submitted with the Final Plat:
• Resolution Accepting the Plat of Northridge Heights, 15th Addition
• Consent to Platting
• Mortgagee's Consent to Platting
• Treasurer's Certificate
• Attorney's Title Opinion
• Agreement for Sidewalk and Street Trees
• Resolution Accepting Public Improvements and Bond
• Agreement for Public Improvements
• Letter of Credit
• Easements (Public utility, surface water flowage, pedestrian walks, shared use
paths, temporary fire truck turnaround)
• Request for Waiver of Financial Security
The Final Plat includes public utility, surface water flowage, pedestrian walk, shared use
path, and temporary fire truck turnaround easements being granted to the City of Ames.
Street lighting, erosion control and asphalt street surface have not been completed and
an agreement and financial security are provided.
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There is no financial security on file with the City Clerk's office for sidewalks or street
trees. As an alternative to installing sidewalks before lots are platted and homes are
constructed, Section 23.403 (14) allows deferment of sidewalks with financial security
when installation is considered premature. However, it has been past practice to accept
a signed, written Agreement for Sidewalk and Street Trees from the owner specifying in
lieu of financial security that occupancy of new structures will not be permitted by the
City until the sidewalks and street trees associated with the individual lot are installed.
Consistent with this practice, the City Council may wish to waive this condition and
approve the Final Plat with the accompanying Agreement for Sidewalk and Street
Trees, allowing sidewalks and street trees to be deferred until occupancy of structures
on abutting sites.
The Preliminary Plat shows an eight-foot wide shared use path and street trees to
be installed along Stange Road and Harrison Road adjacent to Lot 19, which will
become a city park. Since no occupancy permits will be required for the City
park, the standard Agreement for Sidewalk and Street Trees only provides for a
two year installation deadline, but requires no financial security for these
improvements at this location. The City and developer are coordinating the timing of
these improvements and park improvements, with the intention that the final grading of
the park site be completed before the shared use path is constructed and street trees
installed. Depending on the availability of topsoil, the final grading may not be complete
until spring of 2013.
The owner has submitted a memo requesting that the financial security not be
required for the path and street trees around Lot 19, stating that the owner has
followed the normal procedure for the documents required for sidewalk and
street trees and that no financial security has been required for these
improvements for any other addition within the subdivision. (See Attachment C).
The alternative is that financial security be provided adequate to cover the cost of the
shared use path construction and that an agreement be provided that requires
completion of the shared use path along Lot 19 within 90 days of notification by the City
that the site is available for this work.
Other than this issue, it could be determined that the proposed subdivision complies
with all relevant and applicable design and improvement standards of the Subdivision
Regulations, to the City's Land Use Policy Plan, to other adopted City plans, ordinances
and standards, and to the City's Zoning Ordinance.
ALTERNATIVES:
1. The City Council can:
a) Waive the subdivision code requirement for financial security for sidewalks since
the Developer has signed the Agreement for Sidewalk and Street Trees requiring
the installation of these improvements prior to occupancy or within 24 months of
issuance of a building permit; and
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b) Waive the financial security for the shared use path adjacent to Lot 19, and
c) Approve the Final Plat of Northridge Heights Subdivision, 15th Addition, based
upon the findings and conclusions stated above; and
d) Accept the Easement Grants to the City.
2. The City Council can defer action on the Final Plat for Northridge Heights
Subdivision 15th Addition until submission of an agreement and financial security for
the shared use path adjacent to Lot 19, but not later than July 24, 2012.
3. The City Council can deny the Final Plat for Northridge Heights 15th Addition if it
finds that the development creates a burden on existing public improvements or
creates a need for new public improvements that have not yet been installed.
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. It is the City's intention that the shared use path and street trees
adjacent to a property that is to be dedicated to the City for a park not be completed
until after the final grading is completed in the park. Additionally, it is important to the
Northridge Heights neighborhood to have pedestrian and bicycle access to the new
park as soon as it is available for public use.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1 to
a) Waive the subdivision code requirement for financial security for sidewalks since
the Developer has signed the Agreement for Sidewalk and Street Trees requiring
the installation of these improvements prior to occupancy or within 24 months of
issuance of a building permit; and
b) Waive the financial security for the shared use path adjacent to Lot 19, and
c) Approve the Final Plat of Northridge Heights Subdivision, 15th Addition, based
upon the findings and conclusions stated above; and
d) Accept the Easement Grants to the City.
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ATTACHMENT., C..
Date: June 15, 2012
To: Honorable Mayor and City Council
From: Chuck Winkleblack, manager
Hunziker Land Development Company, LLC
RE: Financial security for Northridge.1-lei ghts 15'h addition
Dear Mayor and Council,
l,respectfully request that financial security not be required for the path and street trees
around lot 19 (the park) in the 15"' addition. The parksand rec department does not want
the path installed at this time because it would 9
get damaged through the park
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construction. We have not previously been asked to provide financial security for
sidewalks and street trees for any other addition within the subdivision.,
Prior to submitting the required documents for the final plat I asked the city staffwhat
items I needed to provide a letter of credit for. We agreed on the amounts to be secured., I
then had our attorney prepare the needed documents, secured and.paid for a letter of
credit for the agreed upon amounts. That is the non-na-I procedure; my understanding is
that since this is the city park the staff feels the need to require additional security.
Thank you in advance for your consideration.
Chuck )Xinkleblaek
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