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HomeMy WebLinkAboutA006 - Council Action Form dated August 11, 2026ITEM #:24 DATE:08-11-26 DEPT:P&H SUBJECT:MAJOR FINAL PLAT FOR DOMANI SUBDIVISION THIRD ADDITION COUNCIL ACTION FORM BACKGROUND: Pinnacle Properties Ames, LLC (Keith Arneson) is requesting approval of a Major Subdivision Final Plat for the Domani Subdivision Third Addition of 10.077 acres at the south end of Green Hills Drive, south of Oakwood Road (Attachment A). The current Outlot ‘YY’ is to be divided as follows: 11 single-family lots for Epcon homes with zero-lot lines, five medium-sized single-family lots (between 6,000 and 8,000 square feet, seven large lots for custom single-family homes, two outlots (A and B), and right-of-way for Green Hills Drive, Cottonwood Road, and Lunetta Drive (Attachment B). Outlots A and B are reserved for storm sewer, surface water flowage, public utilities, and pedestrian use. The outlots will be owned and maintained by the Domani Homeowners’ Association. The Domani Subdivision is a Planned Residence District (PRD), which authorizes certain deviations from zoning standards that would normally apply, such as lot sizes and setbacks. The entire Domani Subdivision is 23.784 gross acres and included a Phasing Plan as part of the PRD. The Final Plat for the first addition was approved in October 2020. The First Addition, containing 27 zero-lot line, single-family lots and a clubhouse property, was recorded in 2020. The Second Addition, containing 13 zero-lot line, single-family lots, was recorded in 2022. Most of the lots have had homes constructed on them. Domani is governed by a Development Agreement that was approved concurrently with the First Addition. The agreement pertains to improvements in the adjacent Christofferson Park and the phasing of the development with respect to the clubhouse and swimming pool and to a temporary sales office. The clubhouse and pool are completed, and the temporary sales office is still in operation. The developer is in compliance with all of these phasing requirements regarding the first phases of development. One item remains for the developer to complete as a part of the Development Agreement: the completion of a pathway into Christofferson Park across Outlot B, Domani Second Addition. This item was required to be installed prior to initiating Phase 3 (the Third Addition). As a part of this subdivision approval, the developer has requested a short time extension to complete the trail. An amendment to the original agreement is attached, which extends the developer's deadline to August 28, 2026. The developer has scheduled the improvement to occur within this time frame. There are no specific obligations associated with Phase 3. 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 related to the proposed plat. The proposed financial security is 1 predicated on the City Council's approval of the Development Agreement for Housing Incentives (a separate item on this same agenda) where the City is responsible for the construction of the Cottonwood Extension and not the developer. If the City Council does not approved the separate Development Agreement, the Final Plat would not conform to the Subdivision Code requirements and would need to be modified to include the Cottonwood Extension as a developer responsibility. Financial security, in the form of a Letter of Credit, has been submitted to the City in the amount of $291,923.15, which covers the estimated 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. Lots 5-9 are Epcon home lots located along the planned Cottonwood extension and included as part of the Third Addition. However, construction on these lots will not be permitted until the construction of the Cottonwood Extension. The timing of this extension is at the City discretion per the development agreement, but is planned to be added to the CIP for FY 2027-28. ALTERNATIVES: 1. Approve the following, based on a determination that the project is consistent with the approved PRD and the policies and standards of the City: a. Domani I Supplemental Development Agreement b. Final Plat of Domani Subdivision, Third Addition c. acceptance of the financial security for public improvements with the agreement for Sidewalk and Street Tree deferral, Third Addition d. Supplemental Development Agreement for completion of the aggregate Trail within Phase 2, Third Addition 2. Deny the Final Plat for Domani Subdivision, Third Addition on the basis that the Council finds that the development does not comply with the PRD, Development Agreement, or creates a burden on existing public improvements or creates a need for new public improvements that have not yet been installed. 3. Refer this request back to staff or the applicant for additional information. 2 CITY MANAGER'S RECOMMENDED ACTION: After reviewing the proposed Final Plat of Domani, Third Addition, staff finds that it complies with all relevant and applicable design and improvement standards of the Subdivision Regulations, the Ames Plan 2040, other adopted City plans, ordinances and standards, and the City’s Zoning Ordinance. The developer is obligated to complete the extension of Green Hills and Lunetta Drive in order for the City to construct the Cottonwood extension. The Cottonwood extension timing is at the discretion of the City Council as part of the CIP process. The developer is responsible for all private improvements throughout the PRD, including trails within the second and third additions. The proposed extension of time to complete the aggregate trail in Phase 2 until August 28 has no material impact on the phasing of the project. The additional trail connection from Green Hills to Aurora through Outlot B is required within three years to conform to the sidewalk deferral agreement. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1, as described above. ATTACHMENT(S): Attachment A - Location Map.pdf Attachment B - Final Plat.pdf Supplemental Agreement.pdf Amend_DA_Pinnacle_Domani3_cln20260805.pdf 3 Attachment A Location Map 4 Attachment B Final Plat 5 6 7 8 9 10 11 INSTRUMENT PREPARED BY: Brian D. Torresi, 120 S 16th St., Ames, IA 50010, (515) 288-2500 RETURN TO: City of Ames, Iowa – Legal Dept., 515 Clark Ave., Ames, IA 50010 SECOND SUPPLEMENT TO DEVELOPMENT AGREEMENT THIS SECOND SUPPLEMENT TO DEVELOPMENT AGREEMENT (this “Second Supplement”) is made and entered into by and between Pinnacle Properties Ames, L.L.C., an Iowa limited liability company (the “Developer”), and the City of Ames, Iowa (the “City”) (the Developer and the City are hereinafter collectively referred to as the “Parties”) as of the Effective Date (as defined herein). This Second Supplement shall be effective on the date the last of the Parties hereto executes same (the “Effective Date”). RECITALS: WHEREAS, the Developer and the City executed and entered into that certain Development Agreement dated October 27, 2020, and filed in the office of the Recorder of Story County, Iowa, on November 3, 2020, as Instrument No. 2020-13109 (the “Original Agreement”), as supplemented by that certain Supplemental Agreement for Domani III of even date herewith (the “First Supplement”) (the Original Agreement and the First Supplement are hereinafter collectively referred to as the “Agreement”), related to certain public improvements and/or infrastructure required with respect to the platting and phases of development of the Project (as defined in the Agreement); and WHEREAS, the Developer is in the process of developing the real property comprising the third phase of the Project (the “3rd Addition Property”), referred to in the Agreement as Phase 3 thereof (“Phase-3”), upon the submittal of the Final Plat and related instruments concerning Domani Subdivision Third Addition, Ames, Story County, Iowa (the “Phase-3 Plat”); and WHEREAS, the Agreement requires, in Section 5(f) thereof, that the Developer shall complete and install a trail extension through part of the 2nd Addition Property (as defined herein) and/or the 3rd Addition Property to connect with the aggregate trail within the Park (as defined in the Agreement) (the “Trail Extension”) prior to initiating Phase-3; and WHEREAS, as of the Effective Date, the Developer has not completed the Trail Extension with respect to the real property comprising the second phase of the Project (the “2nd Addition Property”); and WHEREAS, the Developer desires for the approval and recording of the Phase-3 Plat and the construction and development of Phase-3 prior to the completion of the Trail Extension, and desires an extension with respect to the completion of said Trail Extension, and the City desires to afford the 12 Developer with such extension, all in accordance with the terms and conditions of this Second Supplement. NOW, THEREFORE, in consideration of the above Recitals, and reliance on the same, and for other good and valuable consideration, the Parties agree as follows: 1. INCORPORATION OF RECITALS. The foregoing Recitals are incorporated herein and made a part of this Second Supplement as if fully set forth verbatim. The Recitals and exhibits attached hereto, if any, are a substantive, contractual part of this Second Supplement. 2. TRAIL EXTENSION. The Parties hereby understand, acknowledge, and agree that the Agreement is hereby amended and/or supplemented to evidence that the Developer shall complete construction and development activities on the 2nd Addition Property with respect to the Trail Extension on or before August 28, 2026 (the “Completion Date”). Failure of the Developer to complete construction and development activities with respect to the Trail Extension by the Completion Date shall result in the City withholding any and all permits and other development entitlements until such time as the Trail Extension is completed for Phase-3 and any and all prior phases of the Project. The civil engineer of the Developer shall provide notice of completion of the Trail Extension to the Director of Planning and Housing for the City to verify the fulfillment of the requirement set forth in this Second Supplement with respect to the timely completion of the Trail Extension. 3. REMAINING PROVISIONS UNAFFECTED. All other provisions of the Agreement not amended and/or supplemented by this Second Supplement shall remain in full force and effect and are in no way affected or limited by the execution of this Second Supplement or the amendments provided for herein. IN WITNESS WHEREOF, the undersigned has executed this Second Supplement on this ___ day of August, 2026. (SIGNATURE PAGES FOLLOW) 13 3 SIGNATURE PAGE OF SECOND SUPPLEMENT TO DEVELOPMENT AGREEMENT PINNACLE PROPERTIES AMES, L.L.C., the Developer By: ______________________________ Keith D. Arneson, Manager STATE OF IOWA, COUNTY OF STORY, SS: This record was acknowledged before me on this ___ day of August, 2026, by Keith D. Arneson, as a Manager of Pinnacle Properties Ames, L.L.C., an Iowa limited liability company. ______________________________ Notary Public, State of Iowa My commission expires __________ (ADDITIONAL SIGNATURE PAGE FOLLOWS) 14 4 ADDITIONAL SIGNATURE PAGE OF SECOND SUPPLEMENT TO DEVELOPMENT AGREEMENT CITY OF AMES, IOWA, The City By: ______________________________ John A. Haila, Mayor Attest by: _________________________ Renee Hall, City Clerk STATE OF IOWA, COUNTY OF STORY, SS: This record was acknowledged before me on this ___ day of August, 2026, by John A. Haila and Renee Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa. ______________________________ Notary Public, State of Iowa My commission expires __________ 15