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HomeMy WebLinkAboutA001 - Council Action Form dated November 4, 1986 or ITEM #: DATE: 4 6 COUNCIL ACTION FORM SUBJECT: Resolution Approving the Amendment Request for Westwood Village PUD and Setting a Date for a Public Hearing to Rezone Property to PUD. BACKGROUND: Mr . Karol Kocimski is requesting an amendment to the approved PUD Plan for property known as "Westwood Village" . This property contains 7 .65 acres and is zoned R1-10 and R-2 PUD. The property in question is adequately served with municipal water, sanitary sewer and storm sewer facilities. These utilities have been reviewed by the Municipal Engineer and have been found to be adequate to serve the site. Vehicular access is provided to the site from Hickory Drive, Lincoln Way, Story Street, Marshall Avenue and McDonald Drive. The original PUD Plan was approved in March of 1975. The owner, at this time, is requesting an amendment to an area that is located in the northwesterly portion of the site. The approved Plan for this portion of the site enables the owner to construct eight town house units which contain 24 bedrooms and also contains a single-family unit. This amendment proposes a re-arrangement of the dwelling units and a reduction in the number of bedrooms. The proposed town house units will be constructed of concrete block foundation walls , six-inch-thick exterior frame walls , and the structure will have pitched roofs with asphalt shingles . The siding will be of a mixed brick veneer and wood material . Recreation facilities for the site are already contained in a tennis court and swimming pool improvement. Landscaping for the proposed amendment area will be provided primarily through existing plant materials which consist of large overstory trees including a number of mature oaks. The Staff Development Review Committee has reviewed the proposed Plan amend- ment with respect to municipal utilities electrical services , parking and other areas of review and have found the Plan to be in keeping with the City Codes applicable to the proposed amendment. At the Planning and Zoning Commission meeting of August 7, 1985, testimony was heard from neighboring property owners regarding the need for a barrier fence 2 along the westerly property line of the Westwood Village PUD. The Planning and Zoning Commission stipulated that the applicant must install a barrier fence along the westerly property line. The applicant has submitted plan detail for a six-foot wooden fence to be located along the westerly property line near the area where the amendment is being proposed. (See the attached plan for this detail . ) At the City Council meeting of September 24, 1985, the City Council took no action on the request in that the applicant did not indicate a willingness to remove the old apartment structure. At the City Council meeting of June 24, 1986, the applicant, represented by his Attorney, presented a proposal which indicated a willingness to remove the old apartment and have a written agreement prepared that specifies the provi- sions of this proposal . Since that date, the City Attorney has been working with the applicant 's Attorney to prepare the agreement and a copy of the signed agreement is. attached with this Action Form. Since the applicant has now prepared and has signed the agreement to remove the old apartment structure, he again is requesting approval of his PUD Amend- ment request. A copy of the Amended PUD plan along with a copy of the agreement to remove the old apartment structure is attached for your review. ALTERNATIVES: 1. The City Council can approve the amendment request for Westwood Village PUD and set November 18, 1986 as the date for the Public Hearing on the rezoning of this property to a PUD. 2. The City Council can approve the amendment request for Westwood Village PUD with modifications and set November 18, 1986 as the date for the Public Hearing on the rezoning of this property to a PUD. 3. The City Council can refer the amendment request for Westwood Village back to the Planning and Zoning Commission for further review and comment. 4. The City Council can deny approval of this request to amend the PUD for Westwood Village. MANAGER'S RECOMMENDED ACTION: In that the applicant has now signed the Agreement to remove the old apartment structure, and all other aspects of the PUD plan are in keeping with applica- ble Municipal Codes, the City Manager recommends that the City Council adopt Alternative #1. This will approve the Amendment to the PUD and set November 18, 1986 as the date to rezone this property to a PUD. The Manager further recommends that no building permits be issued until a copy of the recorded Agreement to remove the old apartment is provided to the City Clerk and the Department of Planning and Housing. COVENANT FOR REMOVAL OF BUILDINGS WITH CONTINGENT ASSIGNMENT OF RENTS THIS COVENANT is made and entered into by and between KAROL J. KOCIMSKI, his successors, heirs and assigns referred to in this agreement as Grantors and the CITY OF AMES, IOWA, referred to in this agreement as Grantee. WHEREAS, the Grantor has represented to the Grantee an intent and desire to develop the land described in this agreement in a manner that entails removal of certain apartment buildings now located and occupied on said land; and, WHEREAS, as part of said development intends that said land shall be platted into six (6) lots of record in accordance with Chapter 409, Code of Iowa; and, WHEREAS, the Grantor desires that provision now be made for the removal of said apartment buildings, at no expense to the City of Ames and its citizens, to assure the achievement of the Grantor's desired development; and, WHEREAS, the parties hereto have concluded that the Grantor's intentions and desires relative to said existing apartments can be achieved by Grantor conveying to the Grantee, as a gift, certain rights, powers and privileges with respect to said apartments; THEREFORE, the Parties agree to the following: (1) Grantor promises to remove the apartments now located'on land described as shown in red on the plat and description attached to this agreement and by this'reference is incorporated in it and made a part of it. The removal is to occur not later than five (5) years from the date of this agreement. If the Grantor fails for any reason to make a valid plat of the lots as agreed to within 180 days of this date, then the rights of Grantee relative to removal of said apartments shall be accelerated and performance by Grantor due immediately on demand by Grantee. (2) When performance by Grantor as provided for in the preceding paragraph is due, and if Grantor fails to remove the apartments for any reason, Grantee shall have and is given the exclusive right to collect the rents from the apartments, in such amounts as the Grantee deems appropriate and suffi- cient to cover the costs of maintenance during the termination of tenancies, and the demolishing of the apartment structures and conforming the land to the approved plan, which the Grantee shall do within a reasonable time. DATED at' Ames, Iowa, this � day of 0G�0aC/__ , 1986. A��7, CITY OF AMES, IOWA BY Karol J. Kocimski BY -2- before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Karol J. Kocimski, to me known to be the person named in and who executed the fore- going instrument, and acknowledged that he executed the same as his voluntary act and deed. MV�TARY P1112fLIC in and for the State of Iowa `•. JIMMY EEOMN; MY COMMISSION EXPIRES STATE OF IOWA AuB d It 1989 :ss STORY COUNTY . On this the day of , 1986, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and respectively of said municipal corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of the City Council of Ames, Iowa; and that the said and , as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. NOTARY PUBLIC in and for the State of Iowa CONSENT The Ames Savings and Loan Association as mortgagee of part of the above described real estate consents to the provisions of the agreement as relates to their mortgaged premises. AMES SAVINGS & LOAN ASSOCIATION BY / BY STATE OF IOWA :SS STORY COUNTY . On this the 30th day of October , 1986, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Virgil A. Maxwell and Jimmy E. Ervin , to me personally known, who, being by me duly sworn, did say that they are the President and Vice President of said corporation executing the within and foregoing consent; that said con- sent was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Virgil A. Maxwell and Jimmy E. Ervin , as such officers, acknowledged the execution of said consent to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. LlX/1 NOTARY PUBLIC iVi and for the State of Iowa 1. (AA 4 A ° I , • O lo - R o 0 o o - o — J m _ � CI it m ° n m 66 , o 3 g o \ 0 0 0JU 00 ■�. 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