HomeMy WebLinkAboutA017 - Resolution No. 23-611 adopted November 28, 2023 RESOLUTION NO. 23-611
RESOLUTION APPROVING AMENDMENT TO CONTRACT REZONING
AGREEMENT AT 4605 HYDE AVENUE (AUBURN TRAIL) RESULTING
IN TIME EXTENSION FOR SHARED USE PATH CONSTRUCTION
FOR THE CITY OF AMES,IOWA
WHEREAS, Hunziker Development requested in a letter dated July 13,2023,that the City
Council allow for an extension of a Shared Use Path construction requirement along Hyde Avenue
in relation to its planned Auburn Trail Subdivision. At the meeting on September 12, 2023, the
City Council moved to grant the developer's request to amend the agreement allowing construction
of the Shared Use Path to be delayed; and,
WHEREAS, the original term of the agreement triggers the Shared Use Path construction
within two years of the first final plat. The minor subdivision plat created on February 22, 2022,
triggered the construction of the Shared Use Path, even though the subdivision was created for the
purpose of splitting off an existing house from the remainder of the subdivision area and no
developable lots have been created. Hunziker states in its July 13, 2023, letter that it agreed to the
provision in the Contract Rezoning Agreement"under the belief that completion of the trail would
coincide with the grading of the west side of Hyde Avenue" when it "would have lots prepared
and available for sale"; and,
WHEREAS, staff drafted an amendment to the Contract Rezoning Agreement delaying the
deadline of construction to "within two years of the date that the first final plat on the West side
of Hyde Avenue is approved by the City Council." Hunziker indicates that it would be able to
"grade for this path" at that time; and,
WHEREAS, although the agreement is part of the original contracting rezoning agreement
for the development, the amendment process does not require review by the Planning and Zoning
Commission as the Master Plan and related improvements are not changing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that amendment to Contract Rezoning Agreement at 4605 Hyde Avenue (Auburn Trail) resulting
in time extension for Shared Use Path construction is hereby approved.
ADOPTED THIS 28th day of November, 2023.
Renee kall, City Clerk John A. Haila, Mayor
Introduced by: Gartin
Seconded by: Corrieri
Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Rollins
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 28th day of November, 2023.