HomeMy WebLinkAboutA004 - Council Action Form dated January 25, 2022 ITEM #: 21
DATE: 01-25-22
COUNCIL ACTION FORM
SUBJECT: FINAL PLAT FOR KINGSBURY'S FIFTH ADDITION
WITH SUPPLEMENTAL DEVELOPMENT AGREEMENT FOR
WAIVER OF CERTAIN STREET IMPROVEMENTS
BACKGROUND:
The City's subdivision regulations are included in Chapter 23 of the Ames Municipal
Code. 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.
Kingsbury's Fifth Addition Subdivision is a 5.62-acre site on SE 3rd Street, just north and
east of Target located on what is currently Lot 1 of Kingsbury's 4th Addition. (Location
map - Attachment A) The property owner, WW Holdings Corporation, is requesting
approval of a Final Plat creating 4 lots. (Lot Layout-Attachment B). At the time the
Kingsbury's 4th Addition was approved, the City Council approved a development
agreement for partial waiver of infrastructure improvements for approximately 152 feet of
SE 3rd Street
A preliminary plat for the 5th Addition was approved on March 23, 2021. The
property owner proposes a supplemental development agreement in conjunction
with this Final Plat to continue the terms of partial waiver of public improvements
approved with the 4th Addition. The partial waiver reassigns the SE 3rd Street
improvements to proposed Lot 3 of the 5th Addition
The subject property is zoned Highway-Oriented Commercial (HOC). The largest
proposed lot is Lot 4 (2.95 acres) on the north side of the site abutting SE 2nd Street and
Kingsbury Avenue with Lots 1 (1.28 acres), Lot 2 (.71 acres) and Lot 3 (.68 acres) fronting
on SE 3rd Street. The owner plans development of a new Carwash on Lot 1. The other
lots do not have specified users.
Large portions of Lots 3 and 4 are located within the floodway fringe and any subsequent
development on the portions of these lots within the floodway fringe will require adherence
to floodplain development standards related to building elevation and protection.
All subdivisions require public improvements at the time of platting to serve proposed lots.
This subdivision would require completing paving of SE 3rd Street, sidewalks along 2nd
and 3rd Street, and a public water and sanitary sewer main to serve Lot 4. Appropriate
easements for water, sewer, and public utilities are shown on the Final Plat. The
developer proposes to make these improvements subject to the terms of the proposed
Subsequent Development Agreement for the 5th Addition.
SUBSEQUENT DEVELOPMENT AGREEMENT:
The City plans for a future extension of Cherry Avenue to the east of this site that includes
a future connection to SE 3rd Street as well as to SE 5th Street further to the south. In
recognition of this planned City street project, the property owner dedicated right-of-way
to the City and was granted a partial waiver of street improvements for 152-foot SE 31
Street extension so that it could be coordinated as a connection to the eventual City
extension of Cherry. The waiver stated that if the street was needed to meet development
requirements of Lot 1 in the 4th Addition, the developer must complete the paving if the
City had not yet extended SE 3rd Street.
Staff supported the original waiver of street paving in recognition that there are practical
difficulties in completing the extension of SE 3rd Street without a final design for Cherry
Avenue to match grades. This is an unusual circumstance where a developer is required
to construct a partial street extension at a time the City is planning a street improvement
project that includes the subject site. Conditions from the time of the 4th Addition's
approval have not changed.
The street frontage improvements that were initially waived relate to the frontage of the
proposed Lot 3 of this final plat. Proposed Lot 3 is a 0.68 acre lot with approximately 153
feet of frontage on 3rd Street. The property owner proposes that the initial concept of
waived street improvements be reassigned to proposed Lot 3 of the 5th Addition.
The proposed supplemental agreement(Attachment D) is an update to the previous
agreement approved on May 12, 2020 and previously amended on August 24, 2020.
The original agreement and amendment delegated responsibility for extension of
the 152 feet of SE 3rd Street to the City or conditionally to the property owner based
upon whether the Cherry Street project occurred before or after the owner chooses
to develop on the portion of the property where the street is yet unbuilt and if
additional paved access was needed to serve the site.
The proposed supplemental agreement included with 5th Addition includes the following
provisions:
1 . In the event the development of Lot 3 occurs and the City has not completed the
Cherry Avenue and SE 3rd extension, it is the obligation of the property owner to
complete the street improvements to support the development of Lot 3.
2. Sidewalk along SE 2nd will be deferred and installed by the Developer upon
development of Lot 4. Sidewalks along SE 3rd Street will be completed for Lots 1
and 2 per subdivision standards.
Staff is supportive of the partial sidewalk deferral due to the conditions along the
2Id Street frontage .
3. All previous agreements applying to the property to date will continue to apply and
they obligate the Developer to complete all other necessary public infrastructure
improvements as required by Chapter 23 subdivision standards.
The 4th Addition included a financial security related to this site for sidewalks and a
COSESCO of $17,315. The current estimated cost for public improvements, including
the water and sewer mains, but no paving of SE 31d Street is $63,800. The applicant is
working to provide an updated financial security prior and public improvement agreement
prior to City Council approval of the Final Plat.
ALTERNATIVES:
1. The City Council can (A) approve the supplemental development agreement for the
partial waiver of the construction of SE 3rd Street paving and associated storm sewer
improvements and (B) approve the Final Plat for Kingsbury's Fifth Addition Subdivision
with financial security for specified public improvements in the amount of$63,800.
2. The City Council can deny the Final Plat for Kingsbury's Fifth Addition Subdivision, by
not approving the proposed waiver and development agreement or a finding that the
Final Plat does not meet the requirements of Section 23.302(10).
3. The City Council can defer action on this request to the next regular meeting and refer
it back to City staff and/or the applicant for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
City staff has reviewed the proposed final plat and find it conforms to the requirements of
the Ames Subdivision Regulations and to the other adopted policies and ordinances of
the City.
The proposed supplemental development agreement follows the intent of previous
agreements and makes minor amendments based on the new lot configuration relative
to the unfinished portion of the street. All other public improvements must otherwise be
installed and paid for by the developer and according to City subdivision standards.
Therefore, it is the recommendation of the City Manager that the City Council act in
accordance with Alternative #1 . Note that the owner must provided and updated security
in order to approve the Final Plat.
Attachment A- Location Map
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Attachment B- Final Plat
KINGSBURY'S FIFTH ADDITION
LOCATION: A 5-D-SION OF LOT Y
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PROPRIETOR: WW HOLOVIGS CORPORATION
SURVEYOR: R.BRADLEY STUMB0,PIS*17161
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Attachment C — Applicable Laws & 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 fOTreview 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 improvement,;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,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)
Attachment D- Amended Agreement
Prepared by and upon recordation return to:
RPb&d—W- GoodWIn 2211 Philadelphia Street,Suite 101,Annes,Iowa 50010,515-232-7390
SUPPLEMENTAL AGREEMENT
FOR PUBLIC IMPROVEMENTS
(SIDEWALK AGREEMENT)
This Supplemental Agreement For Public Improvements is made by and bet"reen the
City of Ames,Iowa and WW Holdings Corporation.
A. DEFINITIONS. The following terms are defined:
A.l "City"means the City of Ames,Iowa.
A.2 "WW"means WW Holdings Corporation.
13. ATTACHMENTS. The Preliminary Plat Kingsbury's Addition,Ames,Iowa,
consisting of two(2)sheets,is attached hereto and incorporated herein by this
reference for the purpose of aiding in the description and understanding of the
terms in this Supplement Agreement For Public Improvements.
WHEREAS, WW is the Owner of real property in Ames,Story County,Iowa, legally
described as follows:
Lot One(1)in Kingsbury's Fourth Addition,Antes,Stagy County, Iowa.
WHEREAS,WW Holdings Corporation is in the process of platting and subdividing
Lot One(1)Kingsbury's Fourth Addition,Antes, Story County,Iowa into Kingsbury's
Fifth Addition to the City of Ames,Story County,Iowa.
WHFRF�AS,there is a Development Agreement Kingsbury's Third Addition(n/k/a
Kingsbury's Fourth Addition)dated May 12,2020 filed in the office of die Story County
Recorder as Instrument No.2020-05055 with DET Land Company,L.C.,which ovaWd
Lot 1,Lot A and Lot 2 as shown on the attached sheet L Lot A was dedicated to the City
of Ames,Iowa pursuant to that Agreement.
1
Attachment D- Cont.
WHEREAS,there is an Amendment To Agreement For Public Improvements dated
August 24,2020 filed in the office of the Story County Recorder as Instrument No.2020-
11151 on September 24.2020. That Agreement recognizes that WW has become the
Owner of Lot I as shown on sheet 1. WW is developing Lot I into four lots (1-4)as
shown on sheet 2.
NOW THEREFORE,the Parties hereto agree as follows:
1. The event that will require paving SE 3' Street and installing a sidewalk along SE 3,4
Street as shown on sheet 2 is the issuance of a Minor or Major Site Development Plan
for Lot 3 of the Fifth Addition owned by W`W,or the development of Lot 2 of the P
Addition,which is owned by DIST Land Company, L.C.. As agreed by and between
WW and DIET LandCompany,L.C. in the Amendment To Agreement For Public
Improvements dated August 24,2020, WW shall be responsible to pave SE Yd Street
and install the sidewalk along the north side of SE Yd Street, both according to City
standards.
2. The event that will require installing a side-walk along the northwest portion of Lot 4
of the Fifth Addition as shown in sheet 2 is the issuance of a Minor or Majior Site
Development Plan for said Lot 4. WW shall be responsible for the installation of said
sidewalk,according to City standards.
3. Nothing herein shall be construed to release or modify the amount of security
deposited with the city required under the Amendment filed September 24.2020 as
Instrument No.2020-1 1 1 5 1.
4. This Agreement shall be binding on all successors and assigns ofthe ties hereto.
successors a ass
igns
s of
'e "es
her
eto.
S CORATION
WW HOLDI 'S O RATION
By:
P Director
Ryan vis, resident and Director
STATE OF IOWA,COUNTY OF STORY, SS:
This instrument was acknowledged before me on January 2022, by Ryan E.
Davis, President and Director of WW Holdings Corporation.
JONI C RENTSCHLER
the
Co M mmon Number Si57431 N ry Public inan&d e State�of Iowa
My Cc tcffi&Qin EvIrm
Attachment D- Cont.
Passed and approved on ,2022,by Resolution No.
adopted by the City Council of the City of Ames,Iowa,
CITY OF AMES,IOWA
'By:
John A. Haila,Mayor
Attest:
Diane R.Voss,City Clerk
STATE OF'IOWA,COUNTY OF STORY,SS:
This instrument was acknowledged before me on , 2022, by
John A. Haila and Diane R. Voss,as Mayor and City Clerk respectively,of the City of
Ames,Iowa.
Notary Public in and for the State of Iowa