HomeMy WebLinkAbout~Master - Waiver of sidewalk installation for 201 Beach Avenue RESOLUTION NO.07-036
RESOLUTION APPROVING REQUEST FOR A WAIVER OF
SIDEWALK INSTALLATION AT 201 BEACH AVENUE
FOR THE CITY OF AMES
WHEREAS,the developer of property located at 201 Beach Avenue(Sunset Beach II Condominiums)is requesting the
City to temporarily waive the requirement for the installation of a sidewalk on the south side of Sunset Drive,directly east of the
proposed curb cut;and,
WHEREAS,installation of sidewalks is a requirement of the Minor Site Development Plan for this project,as identified
in Municipal Code Section 29.404;and,
WHEREAS,through staff s review of this Minor Site Development Plan, a mature tree was found to be a significant
landscape feature;and,
WHEREAS,to retain this significant tree,staff asked that the developer explore options to construct the sidewalk so that
the tree could be retained;and,
WHEREAS,Section 29.1502(3)(f)(v)of the Municipal Code allows staff the ability to review landscape features through
the Minor Site Development Plan process and require that these landscape features are incorporated into the development design;
and,
WHEREAS,staff is sensitive to the importance of pedestrian connectivity and understands the significance of sidewalks;
and,
WHEREAS,an agreement has been drafted and signed by the property owner that requires the following:
1. The property owner shall protect the tree during demolition and construction of the site.
2. The property owner shall take full responsibility for removal of the tree if it dies within four years of the issuance
of the Certificate of Occupancy.
3. Upon application for a Demolition or Building Permit,the property owner will pay to the City the cost of the
sidewalk and retaining wall;the amount to be approved by the City.
4. The City will construct the sidewalk and retaining wall at such future time that the tree dies.
5. The property owner will grant a temporary construction easement at the time that the sidewalk and retaining wall
are needed.
WHEREAS, the agreement also states that the property owner will provide the financial means to the City for the
construction of the sidewalk and potentially a retaining wall.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,that the installation of a sidewalk
along the south side of Sunset Drive as part of a proposed Minor Site Development for Sunset Beach II Condominiums(201 Beach
Avenue)is hereby temporarily waived per the agreement signed by the developers and referenced above.
ADOPTED THIS 23'day of January,2007.
Diane R.Voss,City Clerk Ann H.Campbell,Mayor
Introduced by: Mahayni
Seconded by: Goodman
Voting aye: Goodman,Larson,Mahayni,Popken,Rice
Voting nay: Doll Absent: None
Resolution declared adopted and signed by the Mayor this 23'day of January,2007.