HomeMy WebLinkAboutA007 - Council Action Form dated October 28, 2014 ITEM # 29
DATE: 10-28-14
COUNCIL ACTION FORM
SUBJECT: SCENIC VALLEY 1ST SUBDIVISION, MAJOR FINAL PLAT
BACKGROUND:
The Hunziker Development Company has submitted a final subdivision plat for Scenic
Valley Subdivision, First Addition. The subdivision is zoned as FS-RL (Suburban Low
Density), which allows exclusively for single-family residential development. The Scenic
Valley development lies west of George Washington Carver Avenue and east of Squaw
Creek.
The proposed final plat (attached) includes 42 residential lots for single family attached
and detached housing. It plats about the southern one third of the area of the
preliminary plat. This first addition includes an extension of Weston Drive west of
George Washington Carver Avenue. It also includes the partial construction of Aldrin
Avenue and Cartier Avenue. The south end of Cartier Avenue ends in a cul-de-sac,
while the north end of Cartier and the north and south ends of Aldrin Avenue will
terminate in temporary fire truck turnarounds. These roads will be extended through the
subdivision and completed at a later phase.
The developer has provided a letter of credit in the amount of $1,306,882 for the
completion of the improvements, which the City Council is asked to accept.
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.
Only the sidewalks adjacent to the residential lots are being deferred until the
occupancy of individual homes. The interior sidewalks and the sidewalk along the west
side of George Washington Carver are included in the letter of credit and will be
completed as part of the public infrastructure, regardless of the timing of the
construction of the abutting homes.
The approval of the preliminary plat included two conditions. The first is that, "prior
to final plat approval, the street light and street planting plan for the attached single-
family home portion of Aldrin Avenue south of Weston Drive...be prepared and
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presented to the Planning and Housing Department for review and approval to ensure
appropriate space is reserved for off-street parking coordinated with driveway
placement." The Department has reviewed the plan and finds it acceptable. There will
be approximately 11 parking spaces along Aldrin upon its completion.
The second condition is that an "easement document or similar restriction...be prepared
for City staff review that contains specific language regarding the protection of trees and
slopes as described in the master plan." Such language has been incorporated into the
easement language and has been approved by Planning and Legal staff. It states:
The purpose of the Greenbelt Easements (as defined herein) is to maintain a natural and
healthy wooded area for its scenic and aesthetic value and to protect and maintain the sloped
terrain within the Greenbelt Easement Areas (as defined herein) from degradation and erosion.
The undersigned further grants unto the CITY OF AMES, IOWA, and its successors and
assigns, greenbelt easements (collectively, the "Greenbelt Easements") upon, underground,
over or across the following-described real estate (collectively, the "Greenbelt Easement
Areas"): [Legal Description here]
With respect to the Greenbelt Easement Areas,the following shall apply:
a.No habitable structures shall be erected within the Greenbelt Easement Areas;
b. Ash trees may be removed from within the Greenbelt Easement Areas at any time,
and dead, dangerous, and/or diseased trees may be removed from the Greenbelt
Easement Areas;
c. Other trees and scrub vegetation may selectively be removed from the Greenbelt
Easement Areas with the purpose of promoting the health of the overall woods and
protection of the sloped terrain, and accordingly, the clearing of large areas of trees
from within the Greenbelt Easement Areas is prohibited unless the City of Ames,
Iowa concurs with a report from a certified arborist with respect to the need for a
large clearing of trees in support of the aforementioned purpose;
d. Gazebos and other non-habitable structures are permitted within Outlot F, subject
to the requirements of the flood plain zoning regulations;
e.Non-habitable structures are permitted within the Greenbelt Easement Areas, other
than Outlot F, when such non-habitable structures are placed or constructed in a
manner that does not cause erosion or the degradation of the sloped terrain;
f. Walking paths are permitted within the Greenbelt Easement Areas when such
walking paths are constructed in a manner that does not cause erosion or the
degradation of the sloped terrain; and
g. Representatives of the City of Ames, Iowa may access the Greenbelt Easement
Areas, with reasonable notice, for purposes of reviewing the condition of the land and
vegetation within the Greenbelt Easement Areas and consistency with the purpose of
the Greenbelt Easements; however,the City of Ames, Iowa has no obligation for
maintenance or improvement of the land or vegetation within the Greenbelt Easement
Areas.
The foregoing rights are granted upon the express condition that the users of the granted rights
will assume liability for all damage to the real estate described herein and any adjacent real
estate caused by the failure to use due care in the exercise of the granted rights.
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After reviewing the proposed Final Plat, staff finds that it complies with the approved
Master Plan, Preliminary Plat, adopted plans, Developer 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 Scenic Valley Subdivision, First 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, whichever occurs first; and,
B. Approve the Final Plat of Scenic Valley Subdivision, First Addition, based upon
findings that the Final Plat conforms to relevant and applicable design standards,
ordinances, policies, and plans with an Improvement Agreement and financial
security and approve the financial security in lieu of the installation of the
required improvements.
2. The City Council can deny the Final Plat for Scenic Valley Subdivision, First 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. (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:
City 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 as required by Code.
Therefore, it is the recommendation of the City Manager that the City Council
adopt Alternative #1 as described above.
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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
{I t)} City Council Action on Final flat for Major`subdivision:
(a) AII pro posedsubdivfsionplatsshaIIbe submitted it)the City C'ouncilfilrrevicwandapprovai.
Upon rc�:ci I):of'any h inaI Plat forwarded to it for review,and approval,the City Council shall exam ill c the Apphcatioll
Form,the I in"iI flat,any comments,recommendations or reports examined or made by the Department of Planning and
Housing,anti such either information as it decius ncccssary or reasonable to consider.
('b) Based upon such examination, the City C',t)unCll shall ascertain whether the Final Plat
conforms it)relevant and applicable design and improvement standards in the c Regulations,to other City ordinance`
and standards..to the City's [,and Use Policy flan and to the C'ity's other duly adopted plans.
(e) IIle City Council rltay;
(i) deity any subdivision where the reasonably anticipated impact of such subdivision
is ill create such a burden on existing public improvements or such a need t0i nctti public improvements that the area of
the City afiueted by such impact will be unable to conform to level of service standards sct forth in the land Usc Policy
Plan or rather capital project or growill manatgement plan elf the City until setuit 6111C that the C.'ity up�tadt,such public
improvements in accordance 4Nith schedules set forth in suvit plans.or,
0i) approve any subdivision subject to the condition that the Applicant contribute to so
much of such upgrade of public improvement,as the need for such upgrade is directly and proportionately attributable
to such impact as detcrtnined at the sole discretion ofthe City. The tenns,conditions and amortization schedule for such
contribution may be incorporated within an Improvement APreement asset forth in Section 23.3,04 of the Regulations.
ldl prior it)grun(in g approval ofa rnajorsuhdiyision final Plat.the City Council may permit the
plat to be.divided into ovo or more sections and ntay impose such conditions upon approval of each s.ciion as it deems
iteccssary to asstire orde;rty development of tie subdivision.
(c) Follow in,,, such examination. and within 00 days of the AppIi(-an:'s filin of the Complete.
Application for final Plat Approval of a %Iajor Subdivision with the Department of Plannin;�, and llousin,,. tilt City
Council shall approve.approve subject to condition,,ordisapprove the Application for Final flat Approval ofa Major
`iubdi%v,im), "Vhc City Council :shall set forth its reasons for disapproving any Application or for conditioning its
il)l)rt,% it uf:iny Application in its official rscordsand shallprovidea written copy ofsuch reasons to the developer. "bite.
(6,Council 'hall pass a resolution accepting the Final Plat for any Application that it approve,.
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