HomeMy WebLinkAboutA012 - Council Action Form dated February 11, 2014 ITEM # 19
DATE: 02-11-14
COUNCIL ACTION FORM
SUBJECT: MAJOR FINAL PLAT FOR BAPTIST ACRES
BACKGROUND:
The City's subdivision regulations are included in Chapter 23 of the Ames Municipal
Code. These "Subdivision Regulations" include the process for creating or modifying
property boundaries, and specifies whether any improvements are required in
conjunction with the platting of property. The creation of new lots is classified as either a
major or minor subdivision, with a major subdivision requiring a two step platting
process to finalize the creation of new lots. The "Preliminary Plat" is first approved by
the City Council, and identifies the layout of the subdivision and any necessary or
required public improvements. Once the applicant has completed the necessary
requirements, including provision of required public improvements or provision of
financial security for their completion, an application for a "Final Plat" may then be made
for City Council approval. After City Council approval of the Final Plat, it must then be
recorded with the County Recorder to become an officially recognized subdivision plat.
The property owner for the Baptist Acres, Heartland Baptist Church, is now requesting
approval of a Final Plat (see Attachment B) following the approval of their Preliminary
Plat on November 26, 2013. This proposed subdivision is on 33.67 acres and includes 2
lots. The north lot, Lot 1 , is intended for the future construction of a church. A Special
Use Permit is pending for the construction of a senior living facility, comprising senior
apartments, assisted living, and a skilled care unit, on the south lot, Lot 2.
The Council approved rezoning of the north portion of the site to FS-RL (Suburban Low
Density Residential) and the south portion to FS-RM (Suburban Medium Density
Residential) with a master plan at their meeting on December 17, 2013. At that time,
these lots did not exist so the rezoning was by a metes and bounds legal description.
This subdivision plat reflects the legal descriptions from that rezoning so both newly
created lots will be properly zoned and able to be developed accordingly.
Public improvements are required for this subdivision. An additional vehicle travel
lane with curb and gutter for southbound Stange Road is required for this development
as well as a sanitary sewer extension to serve both lots. The owner has posted
financial security and submitted an agreement whereby these improvements will
be installed within two years following approval of the final plat, in accordance
with the requirements of the subdivision ordinance.
The property also has requirements for improvements along Stange Road for a shared
use path. In lieu of public sidewalk within the George Washington Carver right-of-way,
the applicant has provided for a public sidewalk easement along the street frontage that
connects to the Somerset subdivision to the south and the existing shared use path
along Bloomington Road.
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The applicant has requested a waiver of the condition to financially secure the
construction of these facilities and has provided an agreement for their installation.
Subdivision Code Section 23.403 (14) allows deferment of sidewalks with financial
security when installation is considered premature. Notwithstanding this requirement for
financial security, the City Council's past practice has been to accept a signed, written
agreement for sidewalks from the owner specifying that, in lieu of financial security,
occupancy of new structures will not be permitted by the City until the sidewalks
associated with each individual lot are installed. Consistent with this practice, the
City Council may wish to waive this condition for financial security and allow
sidewalk and shared use path to be deferred until occupancy of structures on
abutting sites. This leaves the construction of these improvements open ended
until development of the abutting property. Once a development begins, the
abutting improvements are required within two years or prior to building
occupancy, whichever occurs first.
The owner also is granting a right-of-way easement for a portion of the property over
which George Washington Carver Avenue was constructed. The owner is also
supplying numerous other utility and pedestrian easements.
After reviewing the proposed Final Plat, staff finds that it complies with the approved
Preliminary Plat (see Attachment C), adopted plans, and all other relevant design and
improvement standards required by the Municipal Code, including provision of needed
financial security and a sidewalk deferment agreement for the shared use path and
sidewalk.
ALTERNATIVES:
1. The City Council can take the following two actions:
A. Waive the subdivision code requirement for financial security for shared use path
and sidewalks in Baptist Acres, since the Developer has signed the "Agreement
for Sidewalk and/or Bicycle Path" requiring the installation of these improvements
prior to occupancy or within 24 months of issuance of a building permit; and,
B. Approve the Final Plat of Baptist Acres based upon the findings and conclusions
stated above.
2. The City Council can take an alternative action:
A. Waive the subdivision code requirement for financial security for shared use path
and sidewalk, but requires the installation of these improvements within two
years of the final plat based upon the finding that their installation is not
premature because it will connect to existing facilities; and,
B. Approve the Final Plat of Baptist Acres based upon the findings and conclusions
stated above.
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3. The City Council can deny the Final Plat for Baptist Acres 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.
4. The City Council can refer this request back to staff or the applicant for additional
information. (The Municipal Code requires a final decision regarding final plat
approval be rendered by the City Council within 60 days of the complete application
for Final Plat approval of a Major Subdivision. City Council must approve, approve
subject to conditions, or disapprove this Final Plat application no later than March
11, 2014 to meet the 60 day deadline.)
MANAGER'S RECOMMENDED ACTION:
Staff has evaluated the proposed final subdivision plat and determined that the proposal
is consistent with the Preliminary Plat approved by City Council and that the plat
conforms to the adopted ordinances and policies of the City of Ames as required by
Code, with the granting of the sidewalk and shared use path waiver of financial security.
Therefore, it is the recommendation of the City Manager that the City Council
adopt Alternative #1 as described above, approving the Final Plat with a financial
security to complete the remaining public improvements and an agreement for
deferral of installation of sidewalks and shared use path.
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Attachment A
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Attachment D
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:
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) City Council Action on Final Plat for Major Subdivision:
(a) All proposed subdivision plats shall be submitted to the City Council forreview 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 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.
(Ord.No. 3524, 5-25-99)
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