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Home My WebLink AboutA002 - Council Action Form dated September 27, 1994 4 ' ITEM #: DATE: 09/27/94 COUNCIL ACTION FORM SUBJECT: PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE TO CHANGE THE PERFORMANCE BOND REQUIREMENTS IN THE P-C (PLANNED COMMERCIAL) AND P-1 (PLANNED INDUSTRIAL) ZONING DISTRICTS. ACTION FORM SUMMARY: Staff has prepared a draft of two ordinance changes to the P-C and P-I zoning districts to change the financial security requirement for completion of site and landscaping improvements. The Planning & zoning Commission and staff recommend approval of these technical amendments to the zoning ordinance. BACKGROUND: The City Council requested that staff prepare technical amendments to the Zoning Ordinance, regarding the requirement for financial security to assure completion of site and landscaping improvements for projects in the P-C (Planned Commercial) and P-1 (Planned Industrial) zoning districts. Currently, prior to issuance of building permits, the developer must submit financial security to the City in the form of a bond, cash escrow, or letter of credit to guarantee the satisfactory completion of parking lots, walkways, lighting, landscaping, and other site features. An estimate of the cost of these improvements is approved by staff, and then the developer submits the bond or letter of credit. The wording in the current text of the P-C (Planned Commercial) district, regarding financial security is as follows: Section 29.24(3)(d) "A financial report indicating: Evidence of financial resources to assure satisfactory completion of the proposed development, including bond or cash escrow to guarantee satisfactory performance of the provisions of the site and landscape plans in a sum established by the City Manager." The text in the P-1 (Planned Industrial) district is similar to the text for the P-C (Planned Commercial) district. The text for the P-1 district is as follows: Section 29.26(2)(e) A financial report indicating: Evidence of financial resources to assure satisfactory completion of the proposed development, including bond or cash escrow to guarantee satisfactory performance of the provisions of the site and landscape plan in a sum established by the Director of Planning and Housing. It is suggested that the two financial report subsections be deleted from the P-C and P-1 sections of the Zoning Ordinance, and that the following text be inserted as new subsections in both the P-C and P-1 zoning district texts: Section 29.24(6) and Section 29.26(6) Security for Site Improvements. In the event that the site and landscape improvements, including the parking lot, walkways, lighting, landscaping, and other site features, cannot be completed or installed prior to occupancy due to weather or the time of year, the developer shall sign an occupancy agreement, specifying when the site features will be completed and authorizing the City to go onto the site to complete the work if not done by that date, and the developer shall give security to the City in the form of a letter of credit, cash escrow or certified check in an amount approved by the Director of Planning and Housing, to guarantee the satisfactory performance of the site and landscape plans. STAFF COMMENTS: Staff has not experienced a serious problem with developers failing to complete site and landscape improvements in the P-C and P-1 zoning districts. Therefore it may be unnecessary to require financial security for completion of site improvements prior to occupancy of the building. However, if the building is completed at a time of the year when it would be difficult or impossible to complete all site improvements, it is reasonable to require some assurance that the improvements will be completed in a timely manner. Staff believes the proposed text will assure completion of site improvements in a reasonable period of time without burdening developers with obtaining financial security, if the site improvements can be completed prior to occupancy. The Planning and Zoning Commission reviewed this request at their meeting of September 7, 1994 and recommended that these amendments be approved. ALTERNATIVES: 1. The City Council can approve the proposed text stated above for Section 29.24 and Section 29.26 of the Zoning Ordinance and delete Sections 29.24(3)(d) and 29.26(2)(e) from the Zoning Ordinance. 2 2. The City Council can deny approval of the proposed amendments to Sections 29.24(3)(d) and 29.26(2)(e) as written. 3. The City Council can table this request for additional information from staff. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1. This will approve the new text regarding financial security for site improvements in the P-C and P-1 zoning districts, only if the improvements are not completed prior to occupancy. This change in the financial security requirement will lessen the cost of development for those developers who complete site features prior to occupancy. 3 CAF APPROVAL SS—Tj BK SL JK JP SR cLr-� To be sent to Proof of Publication in DAILY TRIBUNE STATE OF IOWA, STORY COUNTY, ss. I, Craig McMullin / Joan Rast, on oath depose and say that I as President / Controller of DAILY TRIBUNE, a daily newspaper, printed at Allies, Story County, Iowa; that the annexed LEGAL NOTICE Printed LEGAL NOTICE The City Council of the City of Ames will hold a CITY OF AM ES public hearing'to consider a technical amend- SECURITY REQUIREMIENTS FOR SITE IMPROVEMENTS ment to Section 29.24(3)(D)and Section 29.26 (2)(E)of the Municipal Code regarding Security Requirements for Site Improvements. Said hearing shall be held in conjunction with the regular meeting ofthe CityCouncil scheduled was published in said newspaper for I to begin at 7:00 p.m.on September 27,1994,in consecutive week (s) the City Council Chambers,City Hall,515 Clark Avenue. an the last of said p i:ation was on the Sandra L.Ryan,City Clerk 4t day of September, 94 Published in The Daily Tribune September 14, 1994. Sworn to before se and subscribed in sy presence by Craig McMullin, / Joan Rost this 22nd day of Septeober, 1994 aP `� DEB L.GALVIN MY COMMISSION EXPIRES owe tlaalQ�'� ,Notary Public in and for the State of Iowa 4 Proof of Publication in DAILY TRIBUNE -------------- STATE OF IOWA, STORY COUNTY, ss. I, Craig McMullin / Joan Rost, on oath depose and say that I as President / Controller of DAILY TRIBUNE, a daily newspaper, printed at Aries, Story County, Iowa; that the annexed printed LEGAL NOTICE LEGAL NOTICE CITY OF WES The City Council of the City of Ames will hold a SECURITY REQUIREMENTS FOR SITE IMPROVEMENTS public hearing to consider a technical amend- ment to Section 29.24(3)(D)and Section 29.26 (2)(E)of the Municipal Code regarding Security Requirements for Site Improvements. Said hearing shall be held in conjunction with was published in said newspaper for 1 the regular meeting ofthe CityCouncil scheduled consecutive week (s) to begin at 7:00 p.m.on September27,1994,in and the last of said ication was on the day of Septe�be the City Council Chambers,City Hall,515 Clark P Avenue. r, 994 Sandra L.Ryan,City Clerk • Published in The Daily Tribune September 14, 1994. A",, Sworn to before me and subscribed in my presence by Craig McMullir / Joan Rost this 22nd day of September, 1994 f `- DEB L.GALVIN MY CQMMIS 2)o EXPIRES OWP �-1 Votary Public in and for the State of Iowa FEES: 3.27 NO. 27444 AMESW