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HomeMy WebLinkAbout~Master - Supplemental Developer's Agreement for Ringgenberg Park, 2nd Addition RESOLUTION NO. 09-540 RESOLUTION APPROVING SUPPLEMENTAL DEVELOPER'S AGREEMENT FOR RINGGENBERG PARK SUBDIVISION, 2ND ADDITION FOR THE CITY OF AMES WHEREAS,Ringgenberg Estates,LLC,owns approximately 114 acres west of Cedar Lane and south of Oakwood Road in the City's Southwest Growth Priority Area, and as originally planned, this subdivision was to be developed as a Planned Residential Development (PRD)with 220 housing units; and, WHEREAS, when this property was platted in 2005, an agreement was finalized between the developer and the City that prescribed the financial responsibilities of the developer for street, water, sanitary sewer, storm sewer,and sidewalk/bike path improvements,both on and off the site; and, WHEREAS, since the subdivision would generate sufficient traffic along Cedar Lane to require an upgrade to the facility,and since the property to the east was outside of the City limits and could not be counted on to share the cost of road improvements,the developer was required to pave both sides of Cedar Lane as the development progresses south from Oakwood Road; and, WHEREAS, the developers recently informed the City that because of the downturn in the economy, it is unlikely that they will be able to develop the total PRD as originally planned, and as a result of this situation, they now intend to sell the southern 38 acres of the PRD to Iowa State University(ISU); and, WHEREAS, in order to accomplish this sale, the developer has submitted a request for a minor subdivision plat that would further divide its property into two outlots; and, WHEREAS,Outlot D would be retained to complete the PRD build out,and Outlot E would be sold to Iowa State University; and, WHEREAS,as part of this request for a minor subdivision approval,the developer is seeking approval of a Supplemental Agreement, because the prospective buyer, as a condition of the purchase,wants to be relieved of most of the requirements provided for in the 2005 agreement that would transfer to the new owner with the sale of the land; and, WHEREAS, since ISU has informed City staff that it is its intention to use this additional property only for crop land, it does not believe it is fair for the City to require it to share in the cost of infrastructure as required by the original developer's agreement; and, WHEREAS,the property owner to the east expressed three concerns when he became aware of this proposed transaction, those being: 1) that it is not fair for him to assume all of the cost of improving Cedar Lane when and if he develops his property in the future;2)that ISU might decide to utilize this property for some use other than crop land in the future that would negatively impact his property; and, 3)that storm water run-off from the west of Cedar Lane is causing problems for the ponds he constructed on his property that will serve as an amenity to residential lots should he choose to develop his land; and, WHEREAS, as a result, ISU officials have been working diligently to resolve the property owner's concerns; and, WHEREAS, this property owner has indicated to staff that he is satisfied with the cost- sharing arrangement for Cedar lane that has been worked out in the proposed Supplemental Agreement,and he has reached a verbal agreement with University officials regarding the future use of the land,and is satisfied that actions will be taken to mitigate the storm water issues related to his property; and, WHEREAS, this proposed agreement will release the present and future owners of Outlot E from the responsibilities of the 2005 developer's agreement; and, WHEREAS,the Supplemental Agreement: 1)requires ISU to pay for one-half of the paving of Cedar Lane along with the associated storm water improvements, sidewalks, bike path, street lights, and street trees, minus the over-sizing costs, when the City requires the improvements as a result of the subdividing of land to the east of Cedar Lane; 2) requires ISU to install water mains, sanitary sewers,and storm water management techniques if a building is constructed on the 3 8 acres (Outlot E)that requires such improvements; and, 3) requires the owner of Outlot E, if it is sold to a third party by the University,to provide security to the City for the promise to pay for one-half of the improvements listed above; and, WHEREAS,the Supplemental Agreement does not guarantee that the two lanes along Cedar Lane will be built by some entity other than the City, as currently provided for in the 2005 agreement, and it does not require ISU to make the street improvements to Cedar Lane even if, at some time in the future, the 38 acres are transformed from an agricultural use to a higher intensity use that would result in the need for an upgraded street network. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the Supplemental Agreement for Ringgenberg Subdivision, 2"d Addition, is hereby approved. ADOPTED THIS 24`' day of November, 2009. LY-J& A. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Mahayni Seconded by: Larson Voting aye: Doll, Goodman, Larson, Mahayni, Popken, Rice Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 24t' day of November, 2009.