HomeMy WebLinkAboutA007 - Council Action Form dated October 28, 2014 ITEM # 28
DATE: 10-28-14
COUNCIL ACTION FORM
SUBJECT: MAJOR FINAL PLAT FOR NORTHRIDGE HEIGHTS SUBDIVISION 17T"
ADDITION
BACKGROUND:
On June 28, 2011, the City Council approved the most recent revised Preliminary Plat
for Northridge Heights Subdivision. The property owner, Uthe Development Company,
is now requesting approval of a Final Plat for the Northridge Heights Subdivision 17t"
Addition. This proposed subdivision includes 25 residential lots for single-family
detached homes and one outlot for the future construction of residential lots, an
extension of Stange Road, and Weston Drive, as well as the construction of Aberdeen
Drive on approximately 19.72 acres (see Attachments A & B).
After reviewing the proposed Final Plat, staff believes it complies with the approved the
Preliminary Plat, adopted plans, and all other relevant design and improvement
standards required by the Municipal Code.
Public improvements are required for subdivision. Financial security, in the form of a
Letter of Credit in the amount of $240,750, has been received and placed on file with
the City Clerk's Office for the remaining public improvements for the 17t" Addition.
These remaining public improvements include curb and gutter, asphalt surfacing, street
lighting, pedestrian ramps, seeding and erosion control. As part of the final plat
submittal, an "Agreement for Public Improvements" has been included for recording with
the approved Final Plat, which requires the owner to construct the remaining public
improvements. The Letter of Credit will then be released upon satisfactory completion of
the public improvements.
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, the City'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 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.
Except for the need for a waiver of the requirement for financial security for sidewalks,
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.
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ALTERNATIVES:
1. The City Council can:
A. Waive the subdivision code requirement for financial security for sidewalks in this
17th 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 Northridge Heights Subdivision, 17th Addition, based
upon the findings and conclusions stated above.
2. The City Council can deny the Final Plat for Northridge Heights 17th 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. (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 November 25, 2014, to meet the
60 day deadline.)
3. 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
November 25, 2014, to meet the 60 day deadline.)
CITY 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 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 as described above.
2
Attachment A
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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
{1tl) City Council Action on Final flat for lklajor Subdivision:
(a) All proposed subdivision platsshallbesubmittedtotheCityCouncilforreuicw:andappro al.
Upon receipt of any final Plat forwarded to it for review and approval,the City Council shall examine the Application
!tarns,the Final Plat,any comments,recommendations or report;examined or made by the Department of Planning and
Housing,and such other information as it deems necessary or reasonable to consider.
(b) F3as:d upon such examination, the City Council shall ascertain whether the. Final Plat.
confirms 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.
(e) Tile City Council may-
(i) deny any subdivision where the reasonably anticipated impact of such subdivision
to=ill create such a burden on existing public improvements or such a need for ne.cv public improvements that the area of
the City aff cted by such impact will be unable to conform to level ofserL ice standards set Barth 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
improvement-,in accordance with schedules set forth it such plans:or.
(ii) approve any subdivision subject to the condition that the Applicant contribute to set
much of such upgrade ol'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 ofthe 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 Pinal Plat Approval of'it Major Subdivision With the Department of Planning and Housing the City
Council shall approve,approve subject to conditions,ordisapprove the application for Final Nat Approval of a`Major
Subdivision. '[lie City Council shall set firth its reasons for disapproving any Application or for conditioning its
appro�al 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. 'o, 3524,
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