HomeMy WebLinkAboutA007 - Council Action Form dated April 28, 2015 ITEM # 43
DATE: 04-28-15
COUNCIL ACTION FORM
SUBJECT: MAJOR FINAL PLAT FOR SUNSET RIDGE 6T" 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 6th 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 12.78 acres and includes 40 single-family residential lots, one outlot for
storm water detention and utility purposes, and three lots for the extension of public
right of way for Westfield Drive, Allerton Drive, and Hartford Drive. Two other outlots
include areas reserved for future additions.
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 extension of streets (Westfield
and Allerton) within the addition has been found by the Fire Department to require
additional temporary access and turnaround areas on the west end of the streets during
the construction phase of the development. A sketch of the fire truck turnarounds has
been submitted and approved by the Fire Department for the 6th Addition Final Plat
(Attachment C). The temporary turnarounds must be in place prior to construction of the
new homes on Allerton or Westfield to meet Fire Code requirements.
The Public Works Department has verified 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
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completion of remaining storm sewer, sanitary sewer, curb and gutter, street paving,
pedestrian ramps, street lights, and COSESCO bond. Financial security in the amount of
$365,031 has been received and placed on file with the City Clerk's Office. This
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.
Staff also notes that the proposed amendments to the Subdivision Code (City Council
Meeting 4/14/15) for 5-foot sidewalks and for mandatory installation of all sidewalks
within 3 years would not apply to this final plat.
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 6thth 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 6th 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.
2. The City Council can deny the Final Plat for Sunset Ridge 6th 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.
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.
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Attachment A
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Sunset Ridge Subdivision
6th Addition
Attachment B
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Attachment C
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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 Actitan on Finad flat for Major`:Subdivision;
(a) all proposed subdi%anion plats shall be sttbtnitted to the.C`i;v Council for review and approval.
t�poit receipt of any Final Flat fom arded to it for rc%,ic x and approval,the Citd C°ounciI shall examine the Application
rortu,the Final P at,anc cotnn'ae-nts,reCOlnolCndati0n,or reports examined or made b,,the Deparuncast ofl'lannin',and
Housing,"and such )titer information as it deems necessary or reasonable to consider.
(b) Based upon such examination, the City Council shall asccruain whether the Final flat
conforms w relevant and applicable design and improvement .tundards in these hcgulations,to other City ordinances
taut)s=.artilttrds„ to the C`itk°'s t.and l se € olicy�flan rani) to the City's rather duly adapted plans.
(c} I lie 01" Council relay-
(i) deny any �uhdi,,isi as where the restsonablY anticipated impact of'such subdivision
%vill create such a burden tan x xistin public ianpnavetneaats or such a need for new public improl cments that the area of
the City afteCted by such impact av ill be unable to conform to level of service standard;set forth in the Land 1U.Ne Policy
flan of,other Capital project or groi%rth luanagement plan of the City until suCh iirne that the.City upgrades such public
improvctnent,in accordance with sehcdults 'ct t")Vlh in such plaans,or,
60 appro%c:tnl.subdivision suhiect to the condition that(lie Applicant contribute to so
[une])otsuelt upgrade of,public impros crncnt�as the need for such upgrade is directly and pruportitanatcl}'attributable
to such impact as determined«tt the stale distrctioa of the City. The terms.conditions and amortization schedule€ear such
contributi aaa niay be incorporated to ithin zzn tmprovelncnt greemcnt as stet forth in Section 23,3o4 of the Rcgulation .
(d i Prior to granting approa al ofa ataajor subdivision Final Plat_life City Council may permit the
plat to be divided rots,vwo or more sections and natal;impose sttch conditions upon approval of each section as it dccros
ncccssary, to assure orderly development of the subdivision.
(el 1-ollov,ing such exaluination. and within cxtf clays of the Applicant`s film,, of tile complete
Application for Final flat :Approval of a A1a.jor Subdivision with the Department (it'1'lanniny and Housing, the City
Council shall approyc.apprtas e subiect to conditions,ordisapprove the Application for F inal l'lat Approval ofa Major
tiubdtvasion. HIC City CounCil ,hall set forth its reasons for disapprovin,; any :Application or for eonditioning its
approval ofany application in its official records and shall provide a written copy of such reasons to the;developer. 'I lie
City Council shall pass a resolution accepting.sac Final flat for any Application that it appr ones.
turd• No. 3524' 5-25-99)
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