HomeMy WebLinkAboutA016 - Council Action Form dated October 19, 1993 ITEM #: 44,41
DATE: 10/19/93
COUNCIL ACTION FORM
SUBJECT:
Reaffirmation of Resolution 81-211 Approving Dayton Park Subdivision.
ACTION FORM SUMMARY: The owners of the property that includes the First
Addition to Dayton Park Subdivision are requesting that the City Council
reaffirm its approval of the First Addition to Dayton Park Subdivision.
An agreement is associated with this plat that obligates the developer
to plat the balance of the property plus install subdivision improve-
ments at a specified time in the future.
Staff recommends approval of this request.
BACKGROUND:
In 1981, the owners of the property that includes the First Addition to
Dayton Park Subdivision requested approval of the Final Plat for the First
Addition to Dayton Park Subdivision. The City Council approved the Final
Plat by Resolution 81-211.
As it turns out, the owners did not have merchantable title to the proper-
ty and the Final Plat was never recorded with the Story County Recorder's
Office. Now, 12 years later, the City is being asked to reaffirm the
approval of the plat so that it can be recorded.
In reviewing the Final Plat, as part of this recent request, staff informed
the developers that the Final Plat should not be approved since the Final
Plat does not include all of the property owned by the person requesting
the approval.
In addition, staff also had a concern that there was no agreement specify-
ing how all of the public improvements would be constructed (specifically
Southeast 16th Street and the southern most portion of Ford Avenue) .
As a substitute to requiring the developer to include all of the property
that is owned by the developer in the Final Plat, an agreement has been
created that obligates the developer to platting the remaining portion of
the land and agreeing to install public improvements when specified.
Public improvements on Southeast 16th Street and Ford Avenue must be
constructed at one of the following instances:
1. When any portion of the remaining property is sold; or
2
2. When a building permit is requested or any construction of buildings
occurs.
(A copy of the Covenant for Easements, Platting and Improvements is
attached to this Action Form for Council review) .
ALTERNATIVES:
1. The City Council can approve the Covenant for Easement, Platting
and Improvements, and reaffirm approval of the Final Plat of the First
Addition to Dayton Park Subdivision.
2. The City Council can deny approval of the Covenant for Easement,
Platting and Improvements, and reaffirm approval of the Final Plat of
the First Addition to Dayton Park Subdivision.
3. The City Council can approve of the Covenant for Easements, Platting
and Improvements with modifications and reaffirm the approval of the
Final Plat of the First Addition Dayton Park Subdivision.
4. The City Council can table action on this item and refer it back to
staff for additional information.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt
Alternative #1. This will approve this request.