HomeMy WebLinkAboutA001 - Council Action Form dated April 8, 2014 f
ITEM # 15
DATE: 04-08-14
COUNCIL ACTION FORM
SUBJECT: MAJOR FINAL PLAT FOR SUNSET RIDGE 5T" ADDITION
BACKGROUND:
The City's subdivision regulations are included in Chapter 23 of the Ames Municipal
Code. This "Subdivision Code" includes 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. Often the subdivision is developed in phases, called "additions." After City
Council approval of the Final Plat, it must then be recorded with the County Recorder to
become an officially recognized subdivision plat.
Sunset Ridge is located north of Lincoln Way at the west corporate limits of the city. The
property owner for the Sunset Ridge Subdivision 5th Addition, Hunziker Land
Development Company, LLC, is now requesting approval of a Final Plat. (See
Attachment A, Location Map and Attachment B, Final Plat) This proposed addition is
approximately 10.5 acres and includes 18 single family residential lots, two outlots for
storm water detention and utility purposes, and one lot for the extension of Wilder
Avenue, Allerton Drive, and Westfield Drive.
Existing public utilities around the perimeter of the subject property are adequate to
serve all of the proposed lots. From these utilities, additional mains will be installed to
serve all of the lots internally. Easements are being provided to the City as required for
mains that will serve multiple lots and fire hydrants. The temporary extension of streets
within the addition has been found to be adequate for circulation and determined by the
Fire Department to meet access and turnaround requirements during the construction
phase of the development.
As part of the original Developer's Agreement approved by Council in 2005, the
developer was responsible for costs associated with utility and street extensions within
the subdivision, and the City would bear the cost of the extra width and thickness of the
pavement for the collector streets (Wilder Avenue and Westfield Road). On October 23,
2012, City Council approved a supplemental agreement that included an update which
allowed the City to pay for its obligation for street improvement through the use of a
mutually agreed upon public project at a cost equal to the original project obligation.
That project was approved by Council at the September 24, 2013 meeting, where the
City agreed to construct the asphalt pavement for the street improvements for the
1
Sunset Ridge 5th Addition with all remaining public improvements being completed by
the owner. The City has partially completed paving of the roads and expects to
complete the obligation during the summer of 2014.
The Public Works Department has verified and approved that a portion of the public
utilities and curb and gutter construction required for the subdivision has been
completed and acceptable. An "Agreement for Public Improvements," which has been
prepared for City Council approval with the Final Plat, identifies the need for financial
security for the completion of street lighting, curb and gutter installation, pedestrian
ramps, utility adjustments and erosion control. Financial security in the amount of
$85,000 has been received and placed on file with the City Clerk's Office. The financial
security will be released upon satisfactory completion of these improvements.
The applicant has also provided an agreement for the installation of street trees and
sidewalks, but has requested a waiver of providing financial security for these
improvements. As an alternative to installing sidewalks before lots are platted, Section
23.403 (14) allows deferment of sidewalks with financial security when installation is
considered premature. Notwithstanding this code requirement for financial security, the
City Council's past practice has been to accept a signed, written agreement for sidewalk
and street trees from the owner specifying that, in lieu of financial security, occupancy of
new structures will not be permitted by the City until the sidewalks and street trees
associated with each individual lot are installed. Consistent with this practice, the City
Council may wish to waive this financial security condition and allow sidewalk and street
trees to be deferred until occupancy of structures on abutting sites.
After reviewing the proposed Final Plat, staff believes it complies with the approved
Master Plan, Preliminary Plat, adopted plans, development agreement, and all other
relevant design and improvement standards required by the Municipal Code.
ALTERNATIVES:
1. The City Council can take the following two actions:
A. Waive the subdivision code requirement for financial security for sidewalks and
street trees in the Sunset Ridge Subdivision 5thth Addition, 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. Approve the Final Plat of Sunset Ridge 5thth Addition, based upon the findings
and conclusions stated above.
2. The City Council can deny the Final Plat for Sunset Ridge 5thth 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.
3. The City Council can refer this request back to staff or the applicant for additional
information. City Council must approve, approve subject to conditions, or disapprove
this Final Plat application no later than May 5th, 2014 to meet the a mandatory 60
day deadline for a decision on a final plat.
MANAGER'S RECOMMENDED ACTION:
Staff has evaluated the proposed final subdivision plat, and has determined that the
proposal is consistent with the Master Plan and Preliminary Plat approved by City
Council and that the plat conforms to the adopted ordinances and policies of the City as
required by Code.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1 as described above.
Attachment A
Location Map
L 3
Ilk 4.SSI
Subject Property
I
Sunset Ridge Subdivision
-`;y a_� .... ,.,.,_- _- .. :... ;. "wk.•
x
a
3 �fi°Yr"r � A. •."
3 ; �
r.
y�yt• ��. � s r"a< x '
�DI.RAN7 ST D.IRANT�`T DSIRANT,ST t_s�
I It
,T�
-- .la.F... ---"f i-4• +¢-.f _ _ C Q L N�.cs•.,atm Z.L.,
^ L•IN CCL4 H IG rI WAY�L•I NCO LN IMAY LNCO IN WAY-=LINCO LN`-WAY- -CIN CO LN WAY IN CULN--L Wr`.ti'
rlc` 3: em.m..aa I a �J' �xL j
HU E.
m �{ ❑� "o,GfCr "w _
NORRIS ST. O/Jgi ,� ? - �• _,_ 4r. Uf�T sr.
_
711 <r
Location Map
" Sunset Ridge Subdivision
U 3UL 6UU I,2i 0
_......__. _._.__ Feet
r�
4
Attachment B
Final Plat
v rw�• •x1MV2 ietis 9. ccrKs.e�n:, �rxti n.fiavH
I NO I l I00V H 13I j 9N V 3n24nS QNb l
NOISInIOenS 3SOI8 ASNns S�1d170SSd $ 09Wf115
ld�d lv'NId
1 N L
i�
its
SAD
$ I
Y�
E:s n 9
y
i ...9
s �
-
7
v ,
-f? i5 r
a
I
5
Attachment C
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) A 11 proposed subdi visio n p lats sha 11 be submi tied to the C ity Coun ci I for rev i ew a nd approv a 1.
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 inade by the Deparuent 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 da-%ign and improvement standards in these Regulations,to other City ordinances
and standards.to the City's Land Use Policy Plan and to the C'ity's other duly adopted plans.
(cl 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 he 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 schedule-s set forth in such plans:or,
(ii) approve anysubdivision 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 asset forth in Section 23.304 of the Regulations.
(d) Prior to granting approval of major subdivision Final flat,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,ordisupprove the Application for Final Plut 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. 3.524, 5-25-99)
6