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HomeMy WebLinkAboutA021 - Council Action Form dated November 24, 2015 ITEM # 34 DATE: 11-24-15 COUNCIL ACTION FORM SUBJECT: MAJOR FINAL PLAT FOR IOWA STATE UNIVERSITY RESEARCH PARK, PHASE III, FIRST ADDITION BACKGROUND: On July 14, 2015, the City Council approved the Preliminary Plat for the Iowa State University Research Park, Phase III. There are two land owners, each of which owns a portion of the 187.93 acres included in the proposed subdivision. Iowa State University Research Park is the owner of proposed Lots 1, 2, 3, 4, a portion of Lots 5 and 6, Lot 7, a portion of Lot A, Lot B, Lot C, Outlot A, and Outlot Y. Erben Hunziker and Margaret Hunziker Apartments, L.L.C., is the owner of a portion of proposed Lots 5 and 6, a portion of Lot A, and all of Outlot Z. The Final Plat includes seven (7) lots for industrial development in the "RI" (Research Park Innovation District). Lot A (Collaboration Place and University Boulevard/S. 530t" Avenue), Lot B (Plaza Loop) and Lot C (S. Riverside Drive) are to be dedicated to the City as public street right-of-way. Outlot A is planned for use as a location for stormwater management, open space as a park, and future development, and Outlot Z is planned for future development. 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 with a Council determination that adequate security has been provided for required improvements. i The proposed Final Plat is unique in that the City is responsible for all of the public street and utility improvements as part of the Development Agreement with the ISU Research Park for the Tax Increment Financing (TIF) District. Therefore, no financial security is required from the developer of this subdivision, for those improvements we are responsible to complete in the development agreement. However, the developer is responsible for the cost and installation of sidewalks in the First Addition, along the three public streets, part of University Boulevard, Collaboration Place, and Plaza Loop. Additionally, the developer is responsible for the cost of the maintenance of stormwater improvements for a period of four years after they have been accepted by the City as complete. Regarding sidewalks, the City recently established a 3 year horizon for the completion of all sidewalks within a final plat and to require security for their installation. Council may approve a deferral of sidewalk installation as specified in Chapter 23. The Research Park has requested Council deferral and signed an "Agreement for Sidewalks," that states sidewalks will be installed not later than occupancy of a building on a lot or within three years of the final plat approval, whichever occurs first. 1 To meet the financial security requirement for completion of sidewalks within three years, the Research Park requests that Council accept the combination of the commitments of the current development agreement and the financial backing of Iowa State University as security in lieu of the typical letter of credit or bond. Warren Madden, Senior Vice President for Business and Finance at Iowa State University, has provided a letter, dated November 18, 2015, and on file in the City Clerk's Office, affirming the intent of Iowa State University to guarantee sidewalk installation and maintenance of the shared stormwater improvements anticipated for the Final Plat. This guarantee may be invoked by the City if the Research Park for any reason fails to construct the sidewalks within 3 years of the date of the guarantee, or if the Research Park for any reason fails to maintain the stormwater improvements. Sidewalk security is to cover the estimated cost of the improvements, which is $77, 625. The same letter also includes a provision for the Stormwater maintenance security at $7,500 per year for 4 years, for a total of $30,000. ALTERNATIVES: 1. The City Council can approve the Major Final Plat for the Iowa State University Research Park, Phase III, First Addition, based upon findings that the Final Plat conforms to relevant and applicable design standards, ordinances, policies, and plans and also approve the sidewalk installation agreement and accept the commitment from ISU to financial secure the completion of sidewalk improvements and maintenance of stormwater facilities. 2. The City Council can approve the Major Final Plat for the Iowa State University Research Park Phase III First Addition based upon findings that the Final Plat p 9 conforms to relevant and applicable design standards, ordinances, policies, and plans and also approve the sidewalk installation agreement, but require the developer to provide to the City either a letter of credit or bond to financially secure the completion of sidewalk improvements and maintenance of stormwater facilities. 3. The City Council can deny the Major Final Plat for the Iowa State University Research Park, Phase III, 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, or has not met the improvements requirement of the Subdivision Code. 4. The City Council can refer this request back to staff for additional information. CITY MANAGER'S RECOMMENDED ACTION: The Major Final Plat request is unique with no formal financial security in place with the City prior to this approval due to the unique partnership between ISU, the Research Park, and the City. Staff has evaluated the proposed final subdivision plat and 2 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 with approval of the proposed sidewalk agreement and ISU letter for financial security. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as described above. Attachment A — Location Map o OArtWOORD—� AIRPORT. ' x 31 y 4 CL d Sax " ��� �.� �'"• � � � -gym•x ...,,»....M F �E !�" _. .a....�a• q _ ACCESSRD l a� k 1i �z 3 Y Location Map ISU Research Park � � N 4 Attachment B — Final Plat �...... .._._ .m....... .- .............................. __ .... ....._ 1 Lti�Y ll CA_> f 1pT A n xr u wT z a" y a f - r 4 1�. S X 9Y. 'i �.,a tr. x,w�....v•,.,,...,:..,, !) � b '��k a � � �� � � 'i , dr 1 INAL. PLAT V \ 5-1 E5 IO'WA STATE UNIVERSITY } LAND 5,RVE"'NG RESEARCH PARK PHASE II rs A w .. -IRST ADDITION 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 li f City Council Act ioit on Final Plat for wlajorSubdivi.sion: tal All proposcd subdivision plaisshallhvsubmittedtotMuC:ityCouncilforrevicwandapproval. t'pon receipt of any Final Plait fat%vardcd to it for rew+iew%°and approval,the City Council shall examine the Application 1-oral, he 1-inal Plat,ally Conameatts,recornntendations or reports examined tar made by the i)eptirtmcnt of I'lattttin and llou�illg.;and Ouch tither information as it deems necessary or ieammablc to consider. (b) Bussed upon such examination, die City Council shall auertain w+hetlacr the. Final Putt conforms to relevant and applicable design and improN cincnt standards in these Regulations, to other City ordinances and standards.to the City's Land Use Policy flan and to the C'ity's other duly adopted plans. (c) "I tic City Council ratty: 0) deny any subdivision where the reasonably anticip,aicd impact of such subdivision wv ill create such a burden on existing public improvements or such a need for net%public improvements that the area of the City affected by such impact will be unable to conform to level ofscrw ice standards sct forth in the Land Use Policy Plan or other capital project or growth nasana.genicnt plan of the City until such bane;hat the City upgrade,such PUbli, iniprovements in accordance with schedules ,ct forth in such plans;or, (_it) tapprovc any subdivision subjcey.to the Condition that the .,%pplictall contribute to sea much of'such upgrade ofpublic improvement,,a:,the need t%7r stash up�radC is directly and proportionately attributable. to suchirnpactasdeteirninedatthesolediscrationofthcCity. f Ile tenns,conditions and amortization scheduleforsuch contribution may be incorporated within an fill procement Agreement as sct forth in Section 21,304 oftlae Regulations. (d) Prior to gram till gapprow al of it majorsubdivision F inal Plat,the City Council may permit the plait to be divided into two of more sections and may ivapose such conditions upon approcat oaf each,cctiun as it deems necessary to assure orderly devcl apment ofthe subdivision. (e) Following such examination, and wyithin 60 days of the ;applicant's filing of the onipletic ?application for Finial Plat approval of a Major Subdivision w%itli the Dcpartment cif Planning and Fluu;in�.', the City. Council shall approve,appro%C subject to conditions,ordisapproyc the Application Isar Final Plat Approval of a'M11.1or Subdivision. The City Colat1C11 shall set forth its reasons for disappraiwiatg any Application or for conditioning its approval ofany.fipplication in itw ofiiCial rtcords aatd shall provide a writtcaa CCapy of'such reasons to the developer. The City Council shall pasty a res�dtitiort ticccpting,the Final Plat tear any Application that it approves. tord DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Judy K.Parks,Ames City Attorney,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146 Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES,IOWA,AS PROVIDED FOR IN SECTION 29.301 OF THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa; Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located at 101, 105, and 107 South Wilmoth Avenue, is rezoned from Residential High Density (RH) with the University West Impact Overlay to Residential High Density (RH). Real Estate Description: (101, 105, and 107 S. Wilmoth Avenue) Lot One (1), EXCEPT the South (4) feet thereof, in Block One (1) of Garden Subdivision of the North 201.9 feet of the Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Eight (8), Township Eight-Three(83)North,Range Twenty-Four(24) West of the 51h P.M.,in the City of Ames, Story County, Iowa; and, The South four(4) feet of Lot One (1), Block One (1) in Garden Subdivision of the North 201.9 feet of the Northwest Quarter(NW 1/4)of the Northeast Quarter(NE 1/4) of the Northeast Quarter(NE1/4)of Section(8),Township Eight-Three(83)North, Range Twenty-Four(24) West of the 5th P.M., in the City of Ames, Story County, Iowa, AND Lot Two (2), Block One (1) in Garden Subdivision of the North 201.9 feet of the Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4) of the Northeast Quarter(NEl/4) of Section Eight(8), Township Eight-Three (83)North, Range Twenty-Four(24) West of the 51h P.M., in the City of Ames, Story County, Iowa; and, Lot Three (3), Block One (1) in Garden Subdivision of the North 201.9 feet of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE1/4) of Section (8), Township Eight-Three (83)North, Range Twenty- Four(24) West of the 5th P.M., in the City of Ames, Story County, Iowa. Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3: This ordinance is in full force and effect from and after its adoption and publication as provided by law. ADOPTED THIS day of , Diane R. Voss, City Clerk Ann H. Campbell, Mayor 2