HomeMy WebLinkAboutA005 - Council Action Form dated July 9, 2019 ITEM #: 29
DATE: 07-09-19
COUNCIL ACTION FORM
REQUEST: SCENIC VALLEY SUBDIVISION, FOURTH ADDITION MAJOR FINAL
PLAT
BACKGROUND INFORMATION:
Hunziker Development Co., LLC, has submitted a final subdivision plat for Scenic Valley
Subdivision, Fourth Addition, which is a partial platting of an approved preliminary plat
affecting the northern portion of the site. The subject area of this plat was part of a Major
Amendment to the Preliminary Plat approved by the City Council on December 11, 2018
that addressed reconfiguration of lots and storm water improvements.
The proposed final plat includes 23 residential lots for single-family detached homes
along the Barcelos Street. The lots will be platted along Aldrin Avenue and Everest
Avenue, and one cul-de-sac, Everest Circle. Aldrin and Everest Avenues will continue
north with future additions.
The applicant has provided an agreement for the installation of street trees and sidewalks.
The agreement requires the financial security for the sidewalks which must be installed
the earlier of three years or prior to issuance of a certificate of occupancy for a house on
the lot. Due to replatting of the area the sidewalks will be five feet in width rather than the
previously permitted four feet.
The developer has provided a letter of credit in the amount of $740,370.35 for the
completion of public improvements including sidewalks, which the City Council is asked
to accept, along with those improvements already completed.
The approval of the preliminary plat included two conditions. An easement to allow
storm water to drain off site into a wetland on an adjacent property controlled by
Kurt Friedrich and that easements will be included that allow utilities to extend to
the north plat boundary in order to serve development of adjacent properties. The
first condition has been met with the submittal of an off-site storm water easement
that will be recorded with the final plat.
Due to the extent of the proposed addition, there is an outlot for future development
(Outlot V) that separates the proposed new lots and improvements from the abutting
properties to the north. Staff has commented that with the potential annexation of the
lands to the north, provision of easements is needed at this time. Rather than dedicate
public easements for utility extensions, the property owner proposes to enter into
a private agreement with Kurt Friedrich for coordination of utility extensions and
public easements. Although the City is not a party to this agreement, the intent of
securing the ability to extend utilities to the north is met. The signed agreement
will need to be returned to the City for final plat approval and for it to be recorded
with the final plat.
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ALTERNATIVES:
1. The City Council can approve the following two items:
a. Approve the Final Plat of Scenic Valley Subdivision, Fourth Addition, based
upon findings that the Final Plat conforms to relevant and applicable design
standards, ordinances, policies, and plans, and receipt of the signed utility
easement private agreement for Outlot V.
b. Accept the completed improvements along with the Improvement
Agreement and financial security in lieu of the installation of the remaining
required improvements.
2. The City Council can deny the Final Plat for Scenic Valley Subdivision, Fourth
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.
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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Attachment A: Zoning and Location Map
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Attachment B: Preliminary Plat (Amended)
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Attachment C: Proposed Lot Layout
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Attachment D: Applicable Subdivision Law
The laws applicable to this Preliminary Plat Subdivision include, but are not limited to, the
following: (verbatim language is shown in italics, other references are paraphrased):
Code of Iowa Chapter 354, Section 8 requires that the governing body shall determine
whether the subdivision conforms to its Land Use Policy Plan.
Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general
provisions for subdivisions within the City limits and within two miles of the City limits of
Ames.
Ames Municipal Code Section 23.302(10):
(10)City Council Action on Final Plat for Major Subdivision:
(a) All proposed subdivision plats shall be submitted to the City Council for
review and approval. Upon receipt of any Final Plat forwarded to it for review and approval,the City
Council shall examine the Application Form,the Final Plat,any comments,recommendations or reports
examined or made 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:
0) 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 new
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 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 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.
(e) 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, or
disapprove 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)
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