Transmitted herewith is the request by Robin Hood Enterprises, LLC for the 11-Lot Preliminary Plat for Nottingham Third Addition, for the development of a new residential subdivision on 25.972 acres, generally located north of West Shaulis Road and west of West 4th Street. Please find attached:

°         Staff report

°         Aerial photograph of the area

°         Preliminary Plat

°         Report of the City Engineer

The Planning and Zoning Commission voted 2-4 to deny the preliminary plat at their meeting on December 2, 2014.

The Preliminary Plat consists of 11 lots, which would allow for the development of a new residential subdivision on 25.972 acres of land. The lots range from 16,704 square feet to 42,773 square feet in size. The preliminary plat shows lots meeting all requirements for the R-1 Residence District. Despite the Commission's recommendation, staff is recommending approval as the request would appear to meet all requirements of the Subdivision Ordinance and we would ask that the City Council adopt a resolution approving the Preliminary Plat of Nottingham Third Addition.

The request would allow for the development of 11 residential lots. The area is currently zoned “R-1” Residence District. Access to the lots would be provided from Tract “A” as shown on Preliminary Plat that will be developed and later dedicated to the City for Street use. Preliminary Plat shows the extension of existing Crusade Drive, which the applicant is requesting to change the name of Crusade Drive to Shelley Court.  

Area residents expressed concerns on flooding in the area and indicated that the official floodplain map was incorrect. The residents also expressed the entire area floods and suggested that the homes on the proposed lots would have significant flooding problems. However, as of November 12, 2014 the applicant has received a Letter of Map Amendment (LOMA), with the case number 14-07-2830A from the Federal Emergency Management Agency (FEMA), removing Lots 1 thru 11 and also “Tract B” from the 100-year and 500-year floodplain.

It should further be noted that for Presecotts Creek to flood these homes, water would need to defy gravity as indicated by the City of Waterloo topographic maps.

Area residents expressed concerns on a number of issues such as the maintenance of the retention pond, flooding, sanitary sewer to Tract B, and questioned if the plat met the health, safety and welfare of the neighborhood. A petition was submitted with 27 signatures along with a letter of opposition from the surrounding neighbors. Staff has prepared a response to the issues raised in the letter of opposition, but would reiterate that the proposed plat is in conformance with the requirements of the Subdivision Ordinance.  

The submitted plat is in accordance with the Subdivision Ordinance and can be serviced by extensions of existing utilities, and would appear to provide for the orderly development of land that is compatible to surrounding development. Staff would note that approval of a plat is a technical matter, and the plat should not be denied unless sufficient technical deficiencies in the plat are noted, of which staff is not aware of such deficiencies.

The requirement of detention ponds in subdivisions are now required under the Storm Water Ordinance (which was required by the Federal Government). The design and layout of such detention ponds, and their ownership and maintenance by Homeowners Associations, are common setup for new subdivisions, with at least 5 in existence in Cedar Falls, and the recent Audubon subdivision by Skogman Homes under construction.