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HomeMy WebLinkAboutA004 - Letter from Hogan Law Office dated August 5, 2016, U-Haul Rezoning and South Duff Access Project HOGAN LAW OFFICE 3101 INGERSOLL AVENUE, SUITE 103 DES MOINES, IOWA 50312 (515)279-9059 FAX(515)277-5836 TIMOTHY C. HOGAN COURTNEYI. SCHULTZ August 5, 2016 VIA E-MAIL (dvoss@city.ames.ia.us) and US MAIL Mayor Ann Campbell City of Ames PO Box 811 515 Clark Avenue Ames, Iowa 50010 RE: U-Haul Rezoning and South Duff Access Project Dear Mayor Campbell and the Ames City Council: I am writing on behalf of Boston Commons Ames, LLC, which owns the property located at 806 S. Duff Avenue. U-Haul has requested the City to rezone the property located at 720 S. Duff Avenue from Agricultural to Highway-Oriented Commercial. This request will be considered by the City Council on August 9. My client is not opposed to the rezoning request but does remain concerned about access to and from Duff Avenue. As you know, the City has been working with the Iowa Department of Transportation and the property owners along this portion of Duff Avenue in connection with the South Duff Access Project. An access easement was recorded on May 17 in an apparent effort to address the access issue for my client's property and other properties that will eventually need access through the U-Haul property to use the signalized access to and from Duff Avenue. However, the recorded easement is defective in several aspects. We raised these concerns at the Planning and Zoning meeting on June 1. My client requests the City to condition to the U-Haul rezoning and site plan, when considered, upon the establishment and construction of an access easement connecting my client's property to the traffic signal through the U-Haul property. Currently, a draft access easement between Wal- Mart and certain adjacent property owners is being developed, but my client's property is not yet included as a benefited property. In order to facilitate interconnectivity between the properties,the Wal-Mart easement needs to include all of affected properties. Mayor Ann Campbell City of Ames August 5, 2016 Page 2 Thank you for your consideration. Sincerely, U� Courtney I. Schultz Cc: Harry Wolf—Boston Commons Ames, LLC (via e-mail) Damion Pregitzer—City of Ames—Engineering (via e-mail) Charles Kuester- City of Ames—Planning(via e-mail)