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HomeMy WebLinkAbout~Master - Deferment of sidewalk installation for North Walmart RESOLUTION NO. 16-443 RESOLUTION APPROVING DEFERMENT OF REQUIREMENT TO INSTALL SIDEWALK AT WALMART ON NORTH GRAND AVENUE FOR THE CITY OF AMES WHEREAS, the City's subdivision regulations are found in Chapter 23 of the Ames Municipal Code, and these regulations include the process for creating or modifying property boundaries and for determining if any improvements are required in conjunction with the platting of property; and, WHEREAS, no public improvements are required in association with a boundary line adjustment unless the adjustment increases the street frontage of the original lot or parcel that currently has frontage improvements, in which case existing frontage improvements, which may include curbs,gutters,sidewalks,paths, street trees and/or street lights,shall be extended across the entire frontage of the adjusted lots or parcels prior to preparation of the official plat of survey, or prior to minor plat approval; and, WHEREAS,the proposed plat of survey is for a boundary line adjustment for consolidation of two platted lots, including Lot 1, located at 3121 Grand Avenue, and Lot 2, at 3015 Grand Avenue, into a single "Parcel A,"which will have 3105 Grand Avenue as the new street address; and, WHEREAS,public infrastructure exists partially along frontages of the two parcels,a shared use path borders the entire east property line along Grand Avenue, and a public sidewalk runs the full length of the frontage along 30th Street; and, WHEREAS, the Roy Key frontage on the western side of the property has no sidewalk in place, and sidewalk has not completely been extended along the entire north boundary of the site, which is the right-of-way for Wheeler Street; and, WHEREAS, in accordance with Ames Municipal Code Section 23.309(3), as a partially completed frontage improvement along Wheeler Street,the gap in sidewalk must be installed prior to combining the two parcels;however,because no partial sidewalk improvements exist along Roy Key Avenue, none are required with this plat of survey; and, WHEREAS, Wal-Mart acknowledges the need to complete the Wheeler Street improvements, but due to the timing and plan for redevelopment of the site, Wal-Mart believes it is premature to complete them in advance of recording the plat of survey; and, WHEREAS, Wal-Mart requests that this requirement be deferred until development of the site with posting of financial security; and, WHEREAS,an improvement agreement is proposed to fulfill this requirement,and a Letter of Credit in the amount of the estimated cost of constructing the sidewalk improvements shall be filed with the City Clerk's Office; and, WHEREAS,although the Roy Key Avenue frontage is not required to have a sidewalk with the Plat of Survey approval, a sidewalk will be constructed at the time the site is redeveloped. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the Agreement for the deferment of the construction of the sidewalk improvements along Wheeler Street, contingent upon the City's receipt of financial security in the amount of$8,430, is hereby approved. ADOPTED THIS 22nd day of March, 2016. lfka& A. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Orazem Seconded by: Nelson Voting aye: Betcher, Beatty-Hansen, Corrieri, Gartin,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 22nd day of March, 2016.