HomeMy WebLinkAboutA022 - Council Action Form dated July 28, 1992 (large map not scanned) ITEM #:
DATE:' 07/28/92
COUNCIL ACTION FORM
SUBJECT:
Resolution Approving a Conceptual Development Plan (CDP) for Meadow
Lane Subdivision Located East of South Duff Avenue and North of South
Sixteenth Street.
ACTION FORM SUMMARY., This is a one (1) lot subdivision that involves
the consolidation of all the property that is part of the Meadow Lane
Mobile Home Park.
The Planning__ and.Zoning Commission and staff recommend approval of this
CDP request.
BACKGROUND:
The property involved includes the current 163 unit Meadow Lane Mobile'
Home Park,' containing 17.74 acres; a shop area, located on 2.01 acres;
and a proposed 2.84 acre, 15 unit mobile home park expansion. This will
be a one lot subdivision, which. will include all of the mobile home park
property.
Platting of this property is necessary because Section 29.9(5) states that
not more than two buildings shall be permitted on any tract or parcel of
land until the same has been platted in accordance with the laws of the
State of Iowa, and the developer is intending to expand the mobile home
park to add 15 additional mobile homes. (Note: A mobile home is consid-
-ered a building under the definition in the zoning ordinance.)
Concurrent , with this request for CDP approval, the developer is also
requesting approval of an R-5 plan for 1.5 additional mobile home spaces.
ANALYSIS:
Land Use Policy Plan. The existing Land Use Policy Plan designates' this
site as suitable for low-density residential. This designation was a recent
change in the LUPP from a Commercial Service designation to low-density
residential to allow the expansion of the mobile home.
Zoning History. This property is currently zoned R-5 (Mobile Home) and
G-C (General 'Commercial). The expansion area of the mobile home park
-was rezoned from G-C to R-5 in February' of 1992. .The remainder of the
mobile home park has been zoned RR-5 since at least 1983 and the shop area
in the northeast corner has been zoned G-C since 1980.
Utilities.
Water: .
2 Y
Existing
12-inch water main. in South 16th Street.
14-inch water main in South Duff Avenue.
6-inch water main extending north from South 16th Street.
3-inch water main extending east from South Duff Avenue.
Proposed
6-inch. water main on the east side of Cardinal Avenue
Sanitary Sewer:
Existing
36-inch sanitary sewer main and a 54-inch sanitary sewer
main extending in an easement through the east- portion of
the site.
6-inch and 10-inch laterals extending off of the 36-inch
main to serve the existing mobile home park.
8-inch sanitary sewer main in South 16th Street.
Proposed
6-inch sanitary sewer main on both sides of' Cardinal Drive
to serve the proposed 15 unit addition to the mobile home
park.
Storm Sewer:
Existing
18-inch storm sewer in South 16th Street.
Proposed
18-inch storm sewer along the east edge of the new 15 unit
mobile home park expansion.
A storm water management plan has been prepared for the
expansion area of this mobile home park which has been ap-
proved by the Municipal Engineer.
Electric: There is adequate electric ;service to the area_to serve this
subdivision.
The utilities are adequate to meet the needs of this project, although some
of the sizes of the mains in the -existing mobile home park no longer meet
code requirements.
3
Streets and' Vehicular Access. Access to the mobile home park is from a
private street that intersects with South Duff Avenue and from Wren
Street and Lark Street, which are private streets, that intersect with
South Sixteenth Street. Cardinal Road, a new private street, is planned
to serve the new expansion area of the mobile home park. There is' a
system of internal streets that serves each of the mobile home spaces on
the site.
A bicycle path will be installed along the .east side of South Duff Avenue
as part of the Highway 69 improvement project. The funding for the
installation will come from Iowa Department of Transportation monies. This
path should be constructed within the next five years.
This site is served by Cy-Ride from a stop on South Duff Avenue.
The developer is requesting at this time, relief from the City Council from
the requirement to install sidewalks along South Duff Avenue and South
Sixteenth Street. At the present time no sidewalks exist in this area of
the City. A waiver of sidewalks by the City Council does not, preclude
the installation of sidewalks at a later date through an assessment process.
Sidewalks will be provided on both sides of Cardinal Road, a private street
in the expansion area of the mobile home park.
The Planning and Zoning Commission reviewed this request at their meeting
of July 1, 1992 and recommend approval.
ALTERNATIVES:
1. The City, Council can, approve of the CDP for Meadow Lane Subdivi-
sion with the following stipulation as requested by the developer.
(a) ' That the City Council waive the requirement for sidewalks along
South Duff and South Sixteenth Street.
2. The City Council can approve of the CDP for Meadow Lane .Subdivi-
sion with modifications or 'with other stipulations.
3. The City Council can deny this request for approval of the CDP of
Meadow Lane Subdivision.
4. The City Council can table this request for additional information. from
the developer or City staff.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt
Alternative #1. This will allow the developer to proceed with the platting
process.
Attachment
h\bpo\caf\meadow.728
July 21 , 1992
Honorable Mayor Curtis and
Members of the City Council ,
Appearing on the agenda July 28 is a recommendation from the
Planning and Zoning Commission regarding Sopers Meadow
Subsivision located on Jewel Drive adjacent to Kate Mitchell
Elementary School. This request is related to that item.
Assuming that the Council approves the Conceptual
Development Plan for this subdivision, I request that the
Council initiate an assessment program for the construction
of the water main, the sanitary sewer main, and the street
paving for the portion of Jewel Drive three hundred feet
immediately south of the existing Jewel Drive. This is shown
on the Conceptual Development Plan as Phase I . Kate Mitchell
School is adjacent to Jewel Drive on the west. The area to
be assessed would be the School property to the west and the
subdivision property to the east.
The primary purpose for assessing the capital improvements
in the subdivision is to obtain the participation of the
School Board. On December 6 , 1967, the School Board purchased
the parcel of land for Kate Mitchell from Schill and Hanson
Builders, Inc. In Article 11 and Article 12 of the Real
Estate Contract ( copy attached ) the School Board and
Schill and Hanson agreed that when the " street running
along the east line " of the property is constructed, "the
Buyer (School Board) will pay one half of the costs of
putting in this street and any other assessments or
improvements that may be assessed thereto. " It was
recognized at that time that the lots on one side of the
street could not economically support 100% of the costs of
the improvements and that these costs should be shared
between the land on both sides of the street. In addition,
the School Board property west of Jewel Drive does receive a
benefit from the construction of the improvements in that
utilities and street paving are made available to serve the
property. Therefore I am requesting that the construction
costs be assessed to both myself and the School Board.
On June 5th of this year I wrote to Mr. Ron Rice,
Superintendent, indicating my plan to subdivide the area to
the east and to the south of Kate Mitchell School . I
indicated that it was my intention to request an assessment
program for the capital improvements .
I will sign an appropriate waiver of the cost and the value
of the school property is sufficient to carry the assessment
on the west side. There will be no deficiencies.
I will be present at the City Council meeting to answer any
questions
Russell Soper
1118 Kennedy
Ames, Iowa
!OW4 ST-V(E BAR ASSOCIATION II FOR THE LEGAL EFFECT OF THE USE
Officlas Form No. 21.2 f y
C, OF THIS FORM. CONSULT YOUR LAWVBR
7,
21 ii
, 11" REAL ESTATE CONTRACT (SHORT FORM
3it N ftreebbetween
SCHILr
II of Story
Coun
lan-ftw4y SCHOOL 015TIUCT
of Story County, Iowa, Buyers:
That Sel!ers hereby agree to sell and Buyers hereby agree to buy the real estate situated in StOrV
County, Iowa, described as: A part of the Northeast Quarter (NEh) of Section 23
and a part of the Northwest Quarter (NWk) of Section 24, all in Township
83 North, Range 24 West of the 5th P.M. , Story County, Io7a described
as follows:
Beginning at a point on the east line of said Section 23
which is 967.8 Feet South of the Northeast Corner thereof, Thence South
890 30' West, 382.0 Feet; Thence South 270 56' 40w West, 767.3 Feet;
Thence North 890 30' East, 830. 0 Feet, to a point which is 80 Feet East
of the east line of Section 23; Thence North 00 43' West, and parallel
to the east line of Section 23, 594.7 Feet to the point of beginning
of a 597.88 Feet radius curve concave to the Southwest; '"hence Northerly
80.55 Feet; Thence South 890 301 West,
along said curve, '74. 5 Feet to
the point of be inning.
together with all easemen?s and servient estates appurtenant thereto, upon the following terms:
I. TOTAL PURCHASE PRICE for said property is the sum of
Twenty—six Thousand Five Hundred 'and no/100 --------
Dollars ($ 26,500.00
of which One Thousand and nollOo ---------------------- ------
Dollars ($-10LQA_-00_,1 has been paid herewith, receipt of which is hereby acknowledged by Sellers-, and Buyers
agree to pay the balance to Sellers at residence of Sellers, or as directed by Sellers, as follows:
On delivery of an abstract of title continued to date at the expense
of the Sellers showing good and merchantable title in the Sellers and
upon delivery of a Warrazity Deed to the said premises.
II 2. INTEREST. Buyers agree to pay interest from— -Upon the unpaid balances, at
the rate of percent per annum.
3. TAXES. Sellers agree to pay. 100% --of the regular taxes assessed for the year 19-A7 against
11 or percent)
said property payable in the year 19_u�and any and all special assessments for improvements which have been
installed at the date of this contract; and Buyers agree to pay, before they become delinquent, all subsequent taxes
and assessments- against said premises.
4. POSSESSION. Sellers 'agree to give Buyers possession of said premises on or before JiM914KY
19
5. INSURANCE. Sellers agree to carry existing insurance until date of possession; thereafter until final settle-
ment,- Buyers agree to keep the improvements upon said premises insured against loss by fire, tornado and extended
ji 11
coverage for a sum not less fhan- - or 'he balance owin- -under-1his-don.tra�cf, whichever-is less, with
II " -'v T . 9
insurance payable to Sellers and Buyers as their interests may appear, and to deliver policies therefor to Sellers.
II
is
G. ABSTRACT. Sellers agree to forthwith deliver to Buyers for their examination abstract of title to said prem-
ises continued to the date of this contract showing merchantable title in accordance with Iowa Title Standards. After
ii examination by Buyers the abstract shall be held by Sellers until delivery of deed. Sellers agree to pay for any ad-
ditional abstracting which may be required by acts, omissions, death or incompetency of Sellers, or either of them,
occurring before delivery of deed.
7. FIXTURES. All light fixtures, electric service cable and apparatus, shades, rods, blinds, venetian blinds, awn-
ings, storm and screen doors and windows, attached linoleum, attached carpeting, water heater, water softener, out-
side TV tower and antenna, attached fencing and gates, pump jacks, frees, shrubs and flowers and any other attached
Fixtures are a part of the real estate and are included in this sale except
Covyrficht 19113 by The Iowa State Bar Association
D-6030 _011100- 200 21.2 REAL ESTATE CONTRACT (Short Farr")
This 1141atins:Zuly 12.1981
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8. CARE OF PROPERTY. Buyers shall not injure, destroy or remove the improvements or fixtures or make any
material alterations thereof without the written consent of Sellers, until final payment is made.
9. DEED. Upon payment of all sums owing by Buyers to Sellers by virtue of this contract, Sellers agree to con-
temporaneously execute and deliver to Buyers a warranty deed upon the form approved by The Iowa State Bar Asso-
ciation and which shall be subject to:
(a) Liens and encumbrances suffered or permitted by Buyers, and taxes and assessments payable by Buyers.
(b) Applicable zoning regulations and easements of record for public utilities and established roads and high-
ways.
(c)
10. FORFEITURE AND FORECLOSURE. If Buyers fail to perform this agreement in any respect, time being
made the essence of this agreement, then Sellers may forfeit this contract as provided by Chapter 656 of the Iowa Code
and all payments made and improvements made on said premises shall be forfeited; or Sellers may declare the full
balance owing due and payable and proceed by suit at law or in equity to foreclose this contract, in which event
Buyers agree to pay costs and attorney fees and any other expense incurred by Sellers.
11. (Here add provisions for joint tenancy or other agreements)
There is attached hereto a Schedule "A" which is made a part and
parcel of this contract as though fully set forth herein.
Words and phrases herein shall be construed as singular or plural and as masculine, feminine or neuter gender according to the context.
f
Dated this
day 19 6 7,
SCHILL & HANSON BUILDERS, INC.
By `�'�'� l
Frank A."Schill, President
By .l..
`Duane Ason, Secretal*LLERS �..
AMES C UNITY SCH DISTRICT
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seat
By
BUYERS
STATE .OF IOWA, STORY COUNTY, ss:
On this day of , A. D. 190 before me, the undersigned, a Notary
'ublic in and for said County, in said State, personally appeared
Schill & Hanson Builders. Inc. and Ames Community School District
me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged
t they executed the same as their voluntary act and deed.
Notary Public in and for said County
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SCHEDULE "A"
Land Contract: Sellers--Schill & Hanson Builders, Inc.
Buyers --Ames Community School District
12. It is further agreed that the street running along the
east line of the above described premises which will probably be
known as Jewel Drive will front and border property which is being
sold to the Buyers. It is understood and agreed that the Buyers
will pay one-half of the costs of putting in this street and any
other assessmnents or improvements that may be assessed thereto.
It is further agreed that the Buyers' are to pay all of their own
assessments of any type or nature which may be assessed against
the saia land by the City of Ames or ot;ierwise in the future.
13. It is agreed that the Sellers shall furnish to the Buyer
an access road to their property on the nest and that this access
will 1)e 'given to them from the Northwesterly road on the west side
of the propert,y which they are purchasing. This t:.ccess shall
consist of a foot road running from the street to the school
grounds. however, all costs of paving , improvin,:j, or any other
expenses or assessments thereto in connection with installing the
paid road or street shall be paid by the Buyers. This '10'koot
access road shall be approximately midway between the north and
south boundary line of the property being purchased. In the even
that the Buyers should elect to have a larger access road than
2'0 feet mentioned above, it is agreed that the Sellers will incre se
t:tLen
access to 50 feet for the purposes of a driveway and walkway
the street and property. In the event that the Buyers
desire to increase this access road from 20 feet to 50 feet, it i..
agreed that the Buyers will pay an additional sum of $ 500.00
for the increase of this access road. `
SCi{ILL b HANSON BUILDERS, I�!C.
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W4LS COlILU]NITY SCHOOL DISTRICT
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