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HomeMy WebLinkAbout~Master - Site Plan Amendment to Deery Brothers Development Agreement RESOLUTION NO. 14-540 RESOLUTION APPROVING SITE PLAN AMENDMENT TO DEERY BROTHERS DEVELOPMENT AGREEMENT FOR THE CITY OF AMES,IOWA WHEREAS,on October 23,2012,the City of Ames approved a development agreement and Urban Revitalization Plan for approximately 23.5 acres on Southeast 16t' Street in support of the construction of the Deery Brothers automobile dealership; and, WHEREAS, the urban revitalization area includes a 6.37 acre Lot 1 for the Deery Brothers automotive dealership, Lots 2 and 3 for future commercial development, and an 11.10 acre Outlot A encompassing the floodway portion of the site; and, WHEREAS, the adopted Urban Revitalization Plan included six qualifying criteria and the site plan for development of the site; a project must conform to the requirements of the Urban Revitalization Plan to receive tax abatement; and, WHEREAS,the City also entered into a development agreement with the legal entity known as Deery, Deery and Deery, LLC, herein referred to as "Deery,"and the development agreement included provisions in addition to the requirements of the Urban Revitalization Plan, notably, it included a requirement that all of the improvements shown in Exhibit"C"of development agreement are to be completed within two years of approval of the agreement, i.e. October 23, 2014; and, WHEREAS, these improvements include the buildings, grading, landscaping, parking, borrow pit, and channel straightening; and, WHEREAS, the applicant has opened the Deery Brothers automotive dealership while continuing to work on overall site improvements; and, WHEREAS,the required Skunk River channel straightening work is underway at this time, and the applicant believes they will complete the required improvements,including the seeding,by the October 23, 2014 deadline; and, WHEREAS, City staff has met with representatives of Deery to review the development agreement requirements and ensure compliance with the approved site plan, and during those discussions,Deery indicated that the"borrow pit"on the west outlot was not excavated as initially approved; and, WHEREAS,it is about 8-10 feet shallower than originally presented to the City Council,and while the borrow pit still meets the site's stormwater management requirements,it does not have the original estimated water storage capacity; and, WHEREAS, the applicant explains that the projected amount of borrow from the pit to fill other parts of the site was overestimated and not necessary to be fully excavated to meet their interests; and, WHEREAS, staff identified this as a potentially significant change from the approved site plan and,in order to ensure that the Deery remains eligible for the abatement,the applicant is asking that the City Council approve a new Exhibit "C" to the development agreement reflecting the constructed improvements of the site; and, WHEREAS,an additional change is to the landscape plan for a required wetland mitigation imposed by the Army Corps of Engineers to allow for the channel straightening, and as part of the Corps permit,Deery must provide approximately 0.75 acres of forest wetlands adjacent to the Skunk River that were previously identified as prairie plantings; and, WHEREAS, since the discovery of the change in depth of the borrow pit and the wetland mitigation requirements,the applicant has identified other minor features of the site improvements that have changed; and, some of the minor differences between the approved site plan and the as- built drawings include: 1) the building is about 700 square feet smaller in area than originally approved (now 23,611 square feet); 2) parking islands were changed, but still meet zoning requirements; 3)landscaping was changed,but still meets zoning requirements; 4)outdoor storage area dimensions have been changed; and, 5)dumpster is now outside and properly screened rather than inside the building; and, WHEREAS,these enumerated changes are minor and do not affect zoning standards or the terms of the development agreement; and, WHEREAS,if Council agrees to the Exhibit"C"changes described above,a corresponding amendment to the urban revitalization plan of Deery site plan will follow at a later date as a noticed public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the Site Plan Amendment to the Deery Brothers Development Agreement by substituting a new Exhibit C and adding a list of changes as Exhibit D is hereby approved, with the requirement that the compliance to the No-Rise expectation will be made by the City Council in February 2015 prior to granting tax abatement. ADOPTED THIS 14th day of October, 2014. A. x Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Orazem Seconded by: Betcher Voting aye: Betcher, Corrieri, Gartin, Nelson, Orazem Voting nay: Goodman Absent: None Resolution declared adopted and signed by the Mayor this 14'day of October, 2014.