HomeMy WebLinkAboutA011 - Council Action Form dated October 27, 2020 ITEM: 18
DATE: 10-27-20
COUNCIL ACTION FORM
SUBJECT: FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL
RELATED TO THE DOMANI SUBDIVISION, FIRST ADDITION
BACKGROUND:
The City's subdivision regulations are included in Chapter 23 of the Municipal Code. The
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, a "final
plat application" may then be submitted for City Council approval. After City Council
approval of the final plat, it must then be recorded with the County Recorder to become
an officially recognized subdivision plat. The final plat must be found to conform to the
ordinances of the City and any conditions placed upon the preliminary plat approval.
FINAL PLAT:
Pinnacle Properties Ames, LLC is requesting approval of a Major Final Plat for
Domani Subdivision, First Addition. The Domani Subdivision is located on the south
side of Oakwood Road between the Christofferson Park to the east and the Suncrest
Subdivision to the west (Attachment 1— Location Map). The First Addition is at the north
end of the development; two more later additions are planned as part of its phasing. The
Domani Subdivision is also a Planned Residence District (PRD) authorizing certain
deviations from zoning standards that would normally apply, such as lot size and
setbacks.
The proposed 1st Addition includes 27 single-family lots, one outlot for drainage (Outlot
A— 1.578 acres), one lot for the future clubhouse (Lot 19, Clubhouse — 0.257 acres) and
the remainder of the property, Outlot ZZ (16.183 acres). The right-of-way (Lot A) occupies
1.663 acres. The entire Domani Subdivision is 23.784 gross acres.
Street extensions connect with existing streets and will not require additional temporary
access and turnaround areas on the end of the streets during the construction phase of
the development.
The Public Works Department confirms that existing public utilities, including water,
sanitary sewer, and storm water are currently being installed in the proposed subdivision
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in compliance with the approved preliminary plat. Easements are provided with the final
plat for stormwater.
An Agreement for Public Improvements, and an Agreement for Sidewalk and Street Trees
have been prepared for City Council approval with the Final Plat. The Agreement for
Public Improvements identifies the need for financial security for the completion of certain
improvements and utilities including: erosion control (COSESCO), water mains, sanitary
sewers and drains, storm sewers and drains, manhole adjustments, pavement,
pedestrian ramps, street lights, landscaping, and subgrade preparation. Financial
security, in the form of a Letter of Credit, has been submitted to the City in the amount of
$903,629.50, which covers the cost of the remaining improvements, in the event the
developer does not install the required improvements. Sidewalks and street trees must
be installed prior to the issuance of a Certificate of Occupancy for an individual lot;
however, within three years after final plat approval, all sidewalks within the addition must
be installed. Financial security can be reduced by the City Council as the required
infrastructure is installed, inspected, and accepted by the City. The proposed letter of
credit also includes financial security related to the improvements proposed within
Christofferson Park that are discussed below.
DEVELOPMENT AGREEMENT:
Prior to approval of the Final Plat there is condition for the developer to enter into a
development agreement concerning two issues: 1) subdivision improvements within the
City's Christofferson Park and 2) the phasing of the PRD. (Attachment 5)
Improvements within the City's park include changes to the parking lot and driveway
accessing the park due to the extension of Green Hills Drive, grading and revegetation
within the south quarter of the park to improve storm water drainage, and the construction
of eight-foot walkways in lieu of sidewalks. The developer has provided financial security
for these improvements as part of the Letter of Credit included for the 1st Addition. The
developer is subject to indemnity and insurance requirements as well as providing for a
two-year warranty on the work completed within the Park. The financial security can be
released upon completion of the improvements to the City's satisfaction.
The phasing of the PRD addresses the timing of development in regards to a temporary
sales office and a model home. Importantly, the agreement identifies when the proposed
clubhouse, temporarily used as a sales office, and swimming pool amenities are required
to be completed. The improvements are required prior to starting development the 3rd
phase of the project. In the event the developer does not complete the amenities and
improvements as described, the City may withhold future permits and approvals.
ALTERNATIVES:
1. Approve:
a. Development Agreement as satisfying the condition of approval of the
Domani PRD and Preliminary Plat.
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b. Final Plat of Domani Subdivision, First Addition based upon the findings
that the Final Plat conforms to relevant and applicable design standards,
ordinances, policies, and plans with a signed Agreement for Public
Improvements and Agreement for Sidewalk and Street Trees.
Note: The signed development agreement must be returned to the City Clerk
prior City Council approval of the Final Plat on Tuesday night.
2. Defer action on the Final Plat and direct staff to modify the Development Agreement
prior to approval of the Final Plat.
3. Deny the Final Plat for Domani Subdivision, First Addition if the City Council 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 Final
Plat for Domani Subdivision, First Addition conforms to the adopted ordinances and
policies of the City as required by Chapter 23 of the Ames Municipal Code. The proposed
development agreement provides assurances to the City for the completion of
improvements affecting Christofferson Park. Additionally, the proposed agreement
addresses the phasing of the PRD development and providing the planned amenities
commensurate with development.
Therefore, it is the recommendation of the City Manager that the City Council
accept Alternative#1,thereby approving the Development Agreement and the Final
Plat for Domani Subdivision, First Addition.
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ATTACHMENT 1: LOCATION MAP
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ATTACHMENT 2: DOMANI PRELIMINARY PLAT (OVERALL SUBDIVISION PLAN
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ATTACHMENT 3: DOMANI SUBDIVISION, 1 ST ADDITION
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ATTACHMENT 4: 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 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:
(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 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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