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HomeMy WebLinkAboutA014 - Council Action Form dated April 25, 2000 i t , Item # / Date:April 25, 2000 COUNCIL ACTION FORM SUBJECT: APPROVE/REJECT REQUEST FOR DRIVEWAY ACCESS TO ELWOOD DRIVE BACKGROUND: Council referred the attached request for an additional driveway access to Elwood Drive from property owned by the Sevde family to staff on April 11, 2000. The request is being made by Don Newbrough who is a part owner of the Southgate Square development, which is immediately north of the Sevde property. The Sevde's are working to develop their property and have proposed that one of the lots have a motel constructed on the land. The site plan showing the motel and the Southgate Square office complex is also attached. The entire area concerned with this request is a part of Oakwood 2"d Subdivision. Southgate Square is located on Lot 4, the proposed motel is to be located on Lot 6, and a currently vacant lot (#5) is o st of Lot 6. In conjunction with the original platting f akwood 2"d Subdivision in ugust of 1980, specific access points were estab d as a means to provide r logical access to the properties and to minimize impact to the vehicles using Elwood Drive. One of these access points involved a joint access to serve Lots 4,5, and 6. In addition, a second access point is designated from Lot 7, which is south of Lots 5 and 6. In accordance with the PC (C-5) Plan approval for Southgate Square, which occurred in September of 1980, the plan to have a joint access was further solidified by including the requirement in the plan approval. Please note paragraph (e) on page 4 of the attached copy of the plan document. In accordance with the requirements, the Southgate Square development constructed the north one-half of the joint driveway. In November of 1999, the Sevde family approached the City Council with a request to add motels to the list of permissible uses for the area. Staff recommended approval of the change in the permissible uses because of the types of development that had occurred over the almost 20 year period since the first list of uses was developed. The primary changes include the NFO complex and the Research Park. Based on that recommendation, the City Council approved the change in the permissible uses to add motels providing that the joint easement for access be completed and a revised lighting plan be developed. Subsequent to that time the Sevde family and some of the owners of the Southgate Square complex met to develop the easement document that would address responsibility for construction and maintenance of the joint access. Many different ideas were evaluated and a letter of intent to execute the easement agreement was sent to the City. The easement had been completed, but some of the owners of Southgate Square were not available to sign the agreement. Please note the attached copy of the Letter of Intent that is signed by representatives of the Sevde ownership groups and Dean Hunziker for the Southgate Square group. The Letter of Intent was submitted to the City because the contractor building the motel wanted to take advantage of the mild winter and begin construction and it was hoped that the condition relative to the joint access easement would be satisfied. In order to facilitate the construction activity and since it was represented to staff that all that remained was to have the signatures of the owners added, a building permit was issued to initiate construction of the motel providing that the completed easement be submitted by May 18, 2000. This action was viewed as a "conditional" issuance of a building permit. All parties, except apparently Mr. Newbourgh, were aware of the risk to proceed without a finalized joint easement. Over the past 60 days, it has become apparent that not all of the owners of Southgate Square agreed with the joint easement even though it was provided for since the property was first platted. It is Mr. Newbourgh's contention that the change in use to a motel changed the conditions, and he would like to have the motel and whatever develops on Lot 5 be granted a separate full movement access from Elwood Drive. Staff has not received any indication from the Svede family that supports such a modification of their PC plan to provide for an additional driveway access. The reasons for requiring the joint access in 1980 remain and are actually more critical due to the area development that has occurred along Elwood Drive. The primary purpose for the joint access is for safety. As traffic volumes increase on Elwood Drive and into area developments, it is important to combine the points of conflict between through vehicles and vehicles wishing to turn in or out of the private property. Allowing numerous drive openings along arterial streets will only per the situations that the City is currently dealing with and paying high costs for corrective actions along other major streets. Once the drive accesses are combined, turn lanes and other traffic measures can be added to address the safety needs. At this particular location, the Elwood Drive reconstruction project, scheduled for this summer, will involve construction of protected left turn lanes for both north and southbound left turning traffic. In addition to created traffic safety problem, the geometric requirements for the joint drive turn lane and the southbound to eastbound turn lane at the intersection of Elwood/Oakwood/Airport Road, do not allow another drive access to be located for Lots 5 and 6 in accordance with the request without violating accepted design standards for the volumes and speeds involved. ALTERNATIVES: 1. Reject the request to add another full movement access point for Lot 5 and Lot 6 of Oakwood 2"d Addition and direct staff to rescind the building permit if the joint access agreement is not executed by May 18, 2000. 2. Approve the request for an additional full movement drive access for Lots 5 and 6 and direct staff to reduce the lengths of the adjoining left turn lanes below acceptable standards. 3. Reject the request to add another full movement access point for lots 5 and 6 and direct staff to extend the time allowed for submittal of the joint easement until a later date to be established by Council. MANAGER'S RECOMMENDED ACTION: It is recommended by the City Manager that the City Council accept alternative Number 1 and reject the request to add another full movement access point for Lot 5 and Lot 6 of Oakwood 2"d Addition and direct staff to rescind the building permit if the joint access agreement is not executed by May 18, 2000. COUNCIL ACTION: - 7 —0O Post... Date #of pages $[E F q Fax Note —5 C i To�_)J� PAlf —3 2000 April 3, 2000 Fax# �33 _© �D 3 _ Fram CIiL 3122 Ross Rd. Phone# CITY OF ANlES,1o4"Ja Ames, IA 50014 asq Mayor and Members of the Ames City Council City Hall 5�'and Clark Ames, IA 50010 Dear Honorable Mayor and Members of the Ames City Council: Thank you, Mayor Ted, for taking the time to visit with me about the Sevde project on Elwood Drive. You listened courteously and carefully and you were diligent in learning the circumstances of the city staffs' decision to grant Sevde the construction permit. You brought to me a copy of a Letter of Intent dated February 18, 2000,which was the basis for the staff granting the building permit. As an owner of an office unit on Lot 4, I had never seen the letter. No one told me about the letter. I did not authorize Southgate Square to sign the letter on my behalf. The simple truths of the matter are 1. The City agreed to amend the PUD to allow Sevde to use their land in a manner otherwise specifically prohibited in the PUD but contingent upon Sevde and the owners of property on Lot 4 agreeing to the terms of a joint driveway easement. That agreement has not been reached. 2. The Letter of Intent provides that Sevde and Southgate"anticipate"that an agreement will be executed within 90 days. 3. Because of the Letter of Intent the,city staff granted Sevde a building permit. The contingency required by the City Council has not been met. A mistake has been made and I am realistic enough to know that the building permit will not be rescinded unless the 90 days elapses without a joint driveway easement agreement being reached. The mistake has placed me in the unenviable position of being forced to agree to the terms of a joint driveway easement or to be responsible in halting Sevde's construction project within 90 days after February 18, 2000. � 3. Page 2. There is a solution: For the City to permit Sevde to construct its own driveway. Sevde owns approximately 10 acres of real estate to be developed into high-density commercial purposes. I am told there may be $10 million of improvements constructed. This will require a right-of-way for a large amount of traffic to accommodate a large commercial development. It seems unreasonable for access to such a commercial development to involve the real estate owned by others. In your deliberations I ask you to review the terms of the original PUD. Consider how the City has changed materially the uses without determining if the means of access are adequate. Consider the plight placed upon the owners of Lot 4. I respectfully request the City to permit Sevde to construct its own driveway, preferably 200 or 300 feet south of the North boundary of its property, and that the users of the driveway will have access to and from Elwood Drive from the North and from the South. Thank you. Sincerely, r r R.Newb u , d/b/a Newbrough nterprises CC: Southgate Square and Attorney for Sevde C-5 Plan - Southgate square - Loz q uaxwuuu Lllll ��u• , .,.,,�� has been accepted by the developer as a part of its plans for the de- velopment of the subject land, stamped approved by the Community De- velopment Department, marked as appendix B and by this reference incor- porated herein and made a part of the approved.plan. (e) Vehicular Access. Immediate and primary vehicular access to the subject land will; be provided by a, 24 foot back to back asphalt surfaced driveway from Elwood Drive. This driveway will become the north half of a divided east/ west boulevard built and maintained to city engineering standards as the whole of-the C-5 area in Oakwood 2nd Addition is developed. No development of the area to the south of Lot 4, on Lot 5, which does: not contain the south half of said boulevard, will be approved. (See Future Schematic, stamped approved by Community Development, marked as Appendix C, and by this reference incorporated herein and made a part of this plan.) A secondary means of access from Oakwood Road will ultimately be achieved as the C-5, area to the south is developed: (b) Ecological/Environmental Impact. Predevelopment vegetation is limited to common pasture grasses and some small woody stemmed plants along the drainage ditch and fence rows. The terrain slopes gently to the north and surface water drainage is generally to the north and east. No soil analysis has been provided or required. The land is not subject to flooding from any streams. The site has not been found to be ecolo- gically sensitive. The planned development will not have an unaccept- able environmental impact. 4. SITE PLAN A site plan showing the locations, dimensions, exterior design, and elevations of the buildings; and, parking, landscaping, pedestrian and vehicular circulation; ;finished_ topography; points of ingress and egress; and location of all existing and proposed utilities, are shown on the site plan, a ' graphic rendering stamped approved by the Department of Community Development, marked as Appendix D and by this reference in- corporated herein and made a part of the approved plan. Any structure use or activity undertaken on the site in conflict with the information and representations. set out in the site plan shall constitute a viola- tion of the C-5 zoning regulations and be actionable as such. 5. SIGNS AND LIGHTING (a) There shall be no more than three signs on Lot 4. One will be to identify the development. The development identification sign will be a concrete, rectangular structure 26 inches vertical, 12 feet in horizontal dimension and bearing on its face metal letters spelling: "Southgate Square". This sign may be raised off the ground but not to exceed four feet from the top of sign to ground level. The other two signs will be wood frame structures used to identy the occupants of the office buildings. These signs shall be 2 feet by 3 feet and may be Page 4 of 6 «,IFI HERk I CK LRNGDON LRNGDON PHONE NO. : 515 282 E226 Feb. 17 2000 01:34PM P4 LETTER OF INTENT - This LETTER OF INTENT is entered into this /r day of February-, 2000, by and between the Richard H. Sevde Trust Dated August 31, 1.989, and the Marguerite Sevde Irrevocable Trust Dated December 4, 1997 (hereinafter"Sevde") and Southgate Square, Inc., an Iowa Corporation; (the"Association"), as .Manager of Southgate Square, a condominium regime established under Iowa Code Chapter 49913 (hereinafter "Southgate"). WHEREAS, Sevde are the owners of certain real property in Story County, Iowa, legally described as: Lots 5. 6 and 7 of Oakwood Second Addition to the City of Ames, Iowa; and WHEREAS, Southgate is located on Lot 4 of Oakwood Second Addition to the City of Ames, Iowa, which adjoins and abuts .I..ots 5 and 6 of the Sevde property along a common property line between the properties; and WHEREAS, Sevde and representatives of the Association have had discussions with each other and with representatives of the City of Ames, Iowa with respect to establishment of a Cross Fasement Agreement providing for access from the Sevde and Southgate property to Elwood Drive, Ames, Iowa. NOW,THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. The attached Cross Easement Agreement, attached hereto and incorporated herein as Exhibit"1", is accepted and approved by the undersigned parties. 2. The Cross Easement Agreement shall be submitted to owners of. Southgate,the National Farmers Organization, Inc., and the City of Ames, Iowa, for execution. The undersigned parties anticipate that an executed Cross Easement Agreement shall be submitted to the City of Ames, Iowa within 90 days of this Letter of Intent. 3. The undersigned parties agree that this Letter of Intent may be submitted to the City of Ames,Iowa in order to permit the issuance of a building permit for property at 2609 Elwood Drive,Ames, Iowa. IN WITNESS WHEREOF,the undersigned parties have signed this Letter of Intent on the date and year first above written. ldrT HEP�ICK L*GDON LANGDON PHONE NO. 515 2E2 E226 Feb. 17 2000 01:34PM P5 RICHARD H. SEVDE TRUST DA GUST 31, 1989 By: .� 7 t Sevde,Trustee MARGUERITE SF-VDE IRREVOC LE TRUST DATED ECE 97 By: an Sevde, Co-Trustee By: Kann Sevde, Co-Trustee SOUTHGATE SQUARE, INC- By: ,.-, - (Title) City Attorneys Office 515 Clark Avenue,P.0.Box 811 Ames,IA 50010 caf ft P-pk Q¢m1Uy Prvaranu Phone: 515-239-5146 • Fax: 515-239-5142 Ewes Se February 25, 2000 Mr. Richard A. Steffen 1800 Financial Center Des Moines, Iowa 50309-3911 FAX: 515-282-8226 Re: Cross Easement Agreement Sevde/Southgate Square Dear Richard: The cross easement agreement sent to me with your note of February 23, 2000 is approved as to form. The execution of the easement agreement in that form will meet the joint driveway requirement of the existing planned commercial development site plan. It is my understanding that the City staff will, based on the "letter of intent" dated February 18, issue zoning and building permits but,if the cross easement agreement is not executed in the form I have now approved,within 90 days of February 18, 2000,then the City will revoke the permits issued and order all work on the hotel project to stop. Yours truly, ,",,-John R. Klaus �---- City Attorney JRK:gmw c: Brian O'Connell Jeff Pearson