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Home My WebLink AboutA002 - Council Action Form dated March 28, 2000 J ITEM # Q • DATE 03/28/00 COUNCIL ACTION FORM SUBJECT: RESOLUTION APPROVING THE FINAL PLAT OF THE 4T" ADDITION TO DAUNTLESS SUBDIVISION AMES, IOWA. ACTION FORM SUMMARY: The applicants, Terra Firma, L.P., Everett Cochrane and Marjorie Cochrane, Jensen Development Corporation, LTD, and Erben Hunziker are requesting that the City Council approve the Final Plat of the 4th Addition, Dauntless Subdivision, Ames, Iowa. Staff is recommending that this Final Plat be approved. BACKGROUND: The applicants, Terra Firma, L.P., Everett Cochrane and Marjorie Cochrane, Jensen Development Corporation LTD., and Erben Hunziker are requesting that the City Council approve the Final Plat of the 4th Addition, Dauntless Subdivision, Ames, Iowa. The property in question contain approximately 74.77 acres and is located west of. South Dakota, north of U.S. Highway 30, and includes an extension of Mortenson Road west of South Dakota. The property in question is zoned a combination of R-3 (Residential Medium Density), P-C (Planned Commercial), and R-2 (Residential Low Density). (A copy of the Final Plat is attached for your review.) ANALYSIS: The purpose for the Final Plat, at this time, is to create a single buildable lot at the westerly extent of what will become Mortenson Road extended west of South Dakota. The buildable lot is described as Lot 1 of the Dauntless 4th Addition. This lot is the location of a proposed multiple family development project that will provide for as many as 125 additional multiple family dwelling units in a series of apartment structures. The single developable lot is 10.03 acres in size, which meets the minimum lot size for the existing R-3 zoning ordinance. The remaining property within the subdivision is being platted as a series of four (4) lettered outlots that are not developable until these same outlots are replatted at some point in the future. All of the proposed lots will front on a public street, either Mortenson Road or Dickinson Avenue. This plat is proposing to dedicate the street right-of-way for Mortenson Road and the remaining portion of Dickinson Avenue. At a recent meeting of the City Council, the Council approved a waiver of the subdivision requirement that would have required that either Poe Avenue or Miller Avenue be dedicated and constructed at this time as a means to accomplish the requirement for maximum block length. A Staff has reviewed the proposed plat and the corresponding construction documents and has determined that the following issues with respect to the proposed Final Plat for Dauntless 4th Addition must be resolved: Dickinson Righi-of--Way. The proposed right-of-way for Dickinson Avenue is 60 feet in width. The right-of-way as required in the subdivision regulations for commercial streets is 66 feet in width. The reason for the difference in the right-of-way is that the new subdivision regulations has increased the standard for commercial streets when compared to the previous standard. The applicant is requesting that the City Council waive the 66 foot street right-of-way standard in this instance. Staff agrees that in this instance, it is acceptable that the right-of-way remain at 60 feet as proposed so that there is uniformity in the street right-of-way for this segment of Dickinson Avenue. (A copy of the letter _ requesting the waiver of the Dickinson Street right-of-way is attached.) South Dakota Right-of Way. The Final Plat for Dauntless 4th Addition does not propose to dedicate additional right-of-way for South Dakota Avenue. Previously, the developer had dedicated 45 feet of right-of-way for South Dakota Avenue as part of the approval of the Final Plat of the First Addition to Dauntless. This previous dedication of 45 feet was also a requirement of the Development Agreement between the City of Ames and the developer. Since the approval of the Development Agreement, the City has changed the right-of-way requirement in the subdivision regulations that is applicable to South Dakota Avenue. South Dakota Avenue functions as an arterial street. Arterial streets are intended for the movement of traffic to and from major traffic generators, serve as a route for traffic to travel between communities, accommodate a high degree of mobility, and have a high degree of access control. As a result of this change in the regulations, an additional 15 feet of right-of-way adjacent to proposed Outlot G is required. The owner of Outlot G, Jensen Development Corporation, LTD, who is also a petitioner for the plat approval, is deeding the required 15 feet of additional right-of-way to the City through a separate deed independent of the Final Plat. Staff is recommending that the City Council approve the acceptance of the deed from Jensen Development Corporation, LTD for the easterly 15 feet of Outlot G for purposes of street right-of-way. (A copy of the warranty deed for the South Dakota right-of-way is attached to the action form.) Revisions to the Development Agreement. As part of the review of the Final Plat of Dauntless 4th Addition, staff has determined that there is a need to change the Development Agreement between the developer and the City of Ames that was approved on August 26, 1997. The need for these changes relate to redesignation of the access points within the newly described lots, as well as the addition of one access point on South Dakota Avenue. Staff is recommending that City Council approve the revisions to the Development Agreement. 2 Resolution of Partial Completion. The developer has already installed the required water and sanitary sewer infrastructure. The Municipal Engineer has certified that these improvements are complete and the City Council is being asked to approve the Resolution of Partial Completion relative to the water and sanitary sewer improvements as part of the action on this Final Plat. The improvements that are remaining to be installed as part of this subdivision include the street, sidewalk and storm sewer improvements in both Mortenson Road and Dickinson Avenue. The bike path improvements along Mortenson Road have yet to be installed, as well as street lights in both Mortenson Road and Dickinson Avenue. The developers have signed a Public Improvement Agreement and have submitted two Letters of Credit that total $690,400. The agreement and the Letters of Credit are provided to the City as a means to insure that the remaining public improvements will be installed. STAFF COMMENTS: Staff has reviewed the proposed Final Plat of Dauntless 4th Addition and has determined that the plat meets the requirements of the regulations of the City if the following actions are taken: • The City Council must approve the request to waive the street right-of-way standard for Dickinson Avenue; • The City Council must accept the Warranty Deed from Jensen Development Corporation, LTD for the additional right-of-way for South Dakota Avenue; • The City Council must approve the Resolution of Partial Completion for the water and sanitary sewer infrastructure; and • The City Council must approve the revisions to the Development Agreement. If the City Council approves the four items listed previously, the staff is recommending that the Final Plat of Dauntless 4th Addition, Ames, Iowa be approved. ALTERNATIVES: 1. The City Council can approve the Final Plat for Dauntless 4th Addition, Ames, Iowa if the City Council has previously approved the four above-described actions. 2. The City Council can deny approval of the Final Plat for Dauntless 4th Addition, Ames, Iowa. 3. The City Council can approve the Final Plat for Dauntless 41h Addition, Ames, Iowa with modifications if the City Council has previously approved the four above- described actions. 3 MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1. This action will approve the Final Plat for the Dauntless 4'Addition, Ames, Iowa. This will enable the development of Lot 1 for the purposes of a large multiple family development project. COUNCIL ACTION: Attachments 4 EXEMPTION CLAIMED: Iowa Code§428A.2(6)Grantee is municipal corporation SEND TAX STATEMENT TO: City of Ames,Iowa,515 Clark Ave.,Ames,IA 50010 PREPARED BY: Franklin J.Feilmeyer,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000 WARRANTYDEED KNOW ALL PERSONS BY THIS INSTRUMENT: That Jensen Development Corporation,LTD., an Iowa Corporation,for valuable consideration,conveys unto the City of Ames,Iowa, an Iowa Municipal Corporation, and dedicates for use as street right of way, the real property situated in Story County, Iowa, described as follows: the East 15 feet of Outlot Q Fourth Addition,Dauntless Subdivision,Ames,Iowa, The warranties of title hereinafter provided are subject to applicable zoning, subdivision, health and rental housing regulations; restrictive covenants of record; and existing easements, streets, and other public rights-of-way that may cross the Property. The undersigned Grantor covenants to the above-named Grantee and successors in interest that the Grantor does: (1) hold title in fee simple; (2) have good and lawful authority to sell and convey the real property; (3)hold the real property free and clear of all liens and encumbrances whatsoever, except as may be above stated; (4) hereby warrant to defend the real property against the lawful claims of all persons whomsoever,except as may be above stated. Dated March 2Z,2000. I114 WITNESS WHEREOF the undersigned has executed this instrument on March 2�- ,2000. JENSEN DEVELOPMENT CORPORATION,LTD. BY = 'I Diclson D.Jensen,Pr 1d nt STATE OF IOWA,COUNTY OF STORY,SS: -_ On March 22 , 2000,before me the undersigned, a Notary Public in and for said.' ally appeared Dickson D.Jensen,to me personally known,who,being by me duly sworn,--.-: the President of said corporation executingthe foregoing instrument;that no seal has beef g g plr__ said corporation;that said instrument was signed on behalf of said corporation by authonty b Q ; Directors; and that the said Dickson D. Jensen as such officer acknowledged the execution. .li ment to be the voluntary act and deed of said corporation,by it and by him voluntarily e?lecuf�d` ,1 NOTARY P LIC FJF 2NO03221041 SHARP,JAHN,FEILMEYER&FEILMEYER,plc Attomeys at La%y•Ames,Iowa KIRKHAM Omaha•Des Moines•Denver M I C H A E L Phoenix•Ellsworth,KS CONSULTING ENGINEERS www.kirkham.com March 22, 2000 Re: Request for Variance Right of Way Width on Dickinson Avenue RECEIVED Ames, Iowa KM M990365 MAR 2 3 2000 Brian P. O'Connell OffY OF AMES,IOWA Director, Planning& Housing Department OEPT.0 PLANNING&}10USiNG City of Ames 515 Clark Avenue Ames, IA 50010 Dear Brian: On behalf of our clients, we request a variance on the proposed right of way width on Dickinson Avenue in the southwest part of Ames. Kirkham Michael submitted a final plat on March 13, 2000, which establishes the right of way width on Dickinson Avenue, between proposed Mortensen Road and existing Steinbeck Avenue, as sixty(60) feet. This was done to match what currently exists today for right of way on Dickinson Avenue. The Ames City Zoning Ordinance requires a right of way width of sixty-six(66) feet for this classification of roadway. Once again, we request a variance on right of way width on Dickinson Avenue from the required sixty-six (66) feet to the proposed sixty (60) feet. Thank you for this consideration. Sincerely, KIRKHAM MICHAEL Gary L. Reed, P.E. Project Manager GLR:crs Copy to: Ev Cochrane, Ev Cochrane& Associates Dickson Jensen, Jensen Design Build Frank J. Feilmeyer, Sharp, Jahn, Feilmeyer, &Feilmeyer Attorney's H:\AMES\JDBdauntkCorrespokRowvariance.wpd 11021 Aurora Avenue•Des Moines,Iowa 50322• (515)2704)848•FAX.(515)270-1067