HomeMy WebLinkAboutA016 - Council Action Form dated November 29, 2016 - DRAFT ITEM #
DATE: 11-29-16
COUNCIL ACTION FORM
REQUEST: FINAL PLAT FOR 2617 BOBCAT DRIVE
(RINGGENBERG PARK SUBDIVISION, ST"ADDITION)
BACKGROUND:
Friedrich Land Development Company, LLC, the property owner of 2617 Bobcat Drive,
requests approval of a Final Plat subdividing a 1.45 acre site that is currently Outlot A
from the Ringgenberg Park 4th Addition Subdivision. The property is located on the north
side of Bobcat Drive, south of Oakwood Road and west of Cedar Lane. (See
Attachment A — Location Map). The site is zoned FS-RM and is subject to a Master Plan
Amendment that was approved by the City Council on October 11th, as well as a related
Major Site Development Plan.
The proposed Final Plat is a layout of 13 single-family attached home lots and two
outlots as the Ringgengerg Park 5th Addition (See Attachment B). The Preliminary Plat
approved by City Council in October included a request for approval of a waiver to lot,
block, and street improvement requirements for a local residential street to allow for
Bobcat Drive to be recognized as a private street in order to comply with street frontage
requirements of the FS-RM zoning district. Bobcat Drive was built as a 26-foot wide
private driveway to serve the apartment building sites, but does not include other
features of a public street, including lighting, curbs and gutters, sidewalks, and street
trees. This waiver request for public improvement standards was approved by City
Council as part of the preliminary plat approval.
City Council approved the preliminary plat with the following three conditions to
be completed prior to final plat approval:
1. Provide evidence that all of the properties within the Ringgenberg 4th and
proposed 5th Addition have a legal right to use and enjoy the common spaces
located within the Ringgenberg PRD and have an obligation to participate in its
maintenance and upkeep.
The developer has drawn up new covenants for the PRD common area that
allow for use of the common area and participation in its upkeep and
maintenance. However, the developer has not yet provided the signed
agreements. The developer believes that, based upon correspondence from the
Village Co-op Board President, they will agree to requirements of the covenants
to satisfy this condition. However, the Board will not have voted on these
covenants until their next Board meeting in December. (See Attachment C -
Village Co-op Email.) The developer requests that City Council approve the
final plat and allow it to be recorded based upon the correspondence from
the Village Co-op president. This is important to the developer so that he
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may seek a building permit as soon as December 1st and not wait for the
final signed agreements before recording the plat, which could otherwise
take one to two weeks longer to complete.
It is highly unusual for the City Council to be asked to approve a final plat
prior to completion of all conditions from the preliminary plat with signed
documents, and even more so to allow for a plat to be recorded without the
receipt of the final signed documents. Staff does not find the approach of
recording a plat based upon correspondence to meet the requirements of
the conditions and would not propose releasing the plat for recording
without the signed agreements from the Village Co-op.
As an alternative to the developer's request, City Council could approve
the plat with a condition to not release the plat for recording until signed
documents have been returned to the City. City Council could also
postpone its action on this final plat approval until the December 13M City
Council meeting and have the developer complete all of the requirements
on the regular review schedule.
2. Complete a private sidewalk connection to Cedar Lane to the east and
connect with the Village Co-op sidewalk or provide written acknowledgement and
financial security for completing the sidewalk.
The developer has provided an email from the Board President of the Village Co-
op stating they are agreeable to the sidewalk connection. The developer will post
financial security prior to recording of the plat. Staff finds these steps to be
consistent with this condition.
3. Provide a common maintenance agreement among all the beneficiaries of the
cross access easement area of Bobcat Drive within the Ringgenberg 4th and 5tn
Additions.
The developer has prepared updated covenants for all the properties in the
Ringgenberg 4t" and 5t" Additions. Staff finds these steps to be consistent with
this condition.
ALTERNATIVES:
1. The City Council can approve the Final Plat for Ringgenberg Park Subdivision, 5tn
Addition, based upon findings that the Final Plat conforms to relevant and applicable
design standards, ordinances, policies and plans, and that the applicant will have
provided evidence to satisfy the conditions of approval after the Village Co-op
agreement is received. Under this alternative, final signed agreements must be
provided to the City prior to recording of the final plat.
This is a conditional approval of the final plat, and would allow for the recording of
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the plat with the County only after the City has received a properly signed agreement
from the Village Co-op. The developer would likely be able to receive building
permits prior to the December 13th City Council meeting if the signed Village Co-op
common open space agreement is provided to the City next week.
2. The City Council can approve the Final Plat for Ringgenberg Park Subdivision, 5th
Addition, based upon findings that the Final Plat conforms to relevant and applicable
design standards, ordinances, policies, and plans, and that the applicant has
provided evidence to satisfy the conditions of approval and allow for the recording of
the Final Plat immediately on November 30th
This is the developer's request. The recording of the formal agreement for the
common open space with the Village Co-op would occur subsequently to recording
of the final plat.
3. The City Council can postpone approval of the Final Plat for Ringgenberg Park
Subdivision, 5th Addition, until December 13th to assure that signed agreements for
participation in the Ringgenberg PRD for the common open space are provided to
the City for all properties within the existing 4th Addition.
This option would follow the City's standard practice of approving final plats on
regularly scheduled meetings once all final documents have been received and
reviewed by City staff.
4. The City Council can defer action on this request and refer it back to City staff and/or
the applicant for additional information or establish a time for a special meeting to
approve the final plat at a later date.
CITY MANAGER'S RECOMMENDED ACTION:
The layout of this project is unique in its manner of meeting the intent of the Subdivision
Code and Zoning Ordinance with its approved waivers for a private street within a
previously approved and developed site, as well as required agreements for common
open space usage and street maintenance. The City Council included conditions on the
preliminary plat to ensure the responsibilities for maintenance and upkeep of common
areas and improvements were clear for all property owners within the Ringgenberg
Subdivision.
The final plat will change the designation of the site from an outlot to buildable lots. The
development site is currently an outlot, which by definition is an unbuildable lot; and no
building permits can be issued for principal building construction. The developer is
extremely anxious to have the final plat approved so that lots can be sold and
foundations started for homes in this area before winter sets in for the year, ideally as
early as this week for building permits.
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The developer has addressed the conditions of final plat approval to finalize agreements
to ensure that platting of Outlot A as a developable lot. However, the developer has
not secured authorized signatures for all of the agreements, since the Village Co-
op Board has not yet voted to approve the common open and green space
agreement as is necessary to fulfill the conditions and have the plat recorded.
The developer believes he has substantially complied with these conditions and that
approval by the Village Co-op Board will occur before the next regular meeting of the
Council. He desires to have City approval as soon as possible, rather than wait for the
next Council meeting on December 13th. The developer hopes to have a building permit
to start construction as soon as December 1st if the final plat is approved and allowed to
be recorded.
Staff understands the developer's desire to gain this approval in order to get new
houses started, and has expedited this process in order to accommodate that
consideration by Council. A typical final plat review is a minimum of three weeks in
length to coordinate with all City departments review and timing and staff has tried to
work in a compressed timeframe to complete the review. However, staff is also
concerned that the quality of this review has suffered due to the compressed timeframe
in completing the conditions and confirming all elements of the project are completed
satisfactorily.
In addition, the staff is concerned that City Council's approval of a final plat that includes
conditions could contribute to a new expectation that the Council will do the same for
other final plat approvals in the future. That type of reactive service level would have
significant impacts on Planning staffs ability to process all applications in an orderly
manner. Further, conditional approval of a plat could also lead to a potential cloud on
the title of whether the conditions were completed satisfactorily, and a second resolution
could become necessary in order to clear up the title
The City Manager recommendation for this highly unusual final plat request is
that Council accept Alternative No. 1, thereby granting conditional approval of the
final plat, but to withhold the release of the plat for recording until the final signed
document with the Village Co-op has been provided to the City.
Staff understands this does not,fully meet the developer's interests. However, it
best maintains the integrity and intent of the conditions that were placed on the
preliminary plat. Staff does not recollect Council having granted a conditional approval
for a final plat. It is important this option is not viewed as a way to circumvent the
established final plat process and the timelines that exist to ensure all of the City's and
future property owner's interests are appropriately addressed at the time of creation of
individual lots.
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Attachment A LOCATION &ZONING MAP
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Attachment C
From: "Dick Richman"<richmandl@mchsLcam>
To. <kdiakmann@c!ty.ame-s.ia.us>
Cc: "Ken Janssen'<Klsur4ayor@hatrnaIl.com>,
Qate. Monday,NovembEr 2B,2016 03:56PM
Subject: Village Cooperative Greenspace Agraement
Kelly,
This is to inform you that we reached agree.,nent I-rith Friedrich Raaltj this afternoon on the Greenspace Agreement for the
Ringgenbarg Addition as presented by Kurt Friedrich.
Dick:Richman
President of the Board
Village Coaperative of Ames,
Vick Richman
richmandl@m,c�-isi.com
r
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
(10) City Council Action can Final Plat for Nlajor Subdivision:
(a) All proposed subdivisionplats shall besubmitted tothe City Council forreview and approval.
Upon receipt of any Final Plat forwarded it)it for review and approval,the City Council shall examine the Application
Form,the Final Plat,any comments,recommendations or repor€s examined ormade by the Department 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 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.
(c) 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 now public improvements that the area of
the City affected by such impact will be 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 schedules set forth in such plans,or,
(ii) approve any subdivision subject to the condition that the Applicant contribute to so
much of such upgrade of public improvements as the need fo.r,such up grade is directly and proportionately attributable
to such impact as determined at the some discretion of the City. The terms,conditions and amortization schedule for such
contribution may be incorporated within an Improvement Agreement as set forth in Section 23,304 of the 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.
(c) 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,ordisapprove the Application for Final plat 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. 3524,5-25-99)
Sec. 23.103.WAIVER/MODIFICATION .
(1) Where, in the case of a particular subdivision, it can be shown that strict compliance with the
requirements of the Regulations would result in extraordinary hardship to the Applicant or
would prove inconsistent with the purpose of the Regulations because of unusual topography or
other conditions, the City Council may modify or waive the requirements of the Regulations so
that substantial justice may be done and the public interest secured provided, however, that
such modification or waiver shall not have the effect of nullifying the intent and purpose of the
Regulations. In no case shall any modification or waiver be more than necessary to eliminate the
hardship or conform to the purpose of the Regulations. In so granting a modification or waiver,
the City Council may impose such additional conditions as are necessary to secure substantially
the objectives of the requirements so modified or waived.
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