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HomeMy WebLinkAbout~Master - Joint Use Parking Agreement for 1301 Buckeye Avenue RESOLUTION NO. 17-100 RESOLUTION APPROVING JOINT USE PARKING AGREEMENT FOR 1301 BUCKEYE AVENUE FOR THE CITY OF AMES WHEREAS, Clampet Corner, LLC, is the purchaser of land at 1301 Buckeye Avenue, which was, most recently, occupied by Aldi's Grocery Store; and, WHEREAS, Clampet Corner, LLC, requests approval of a Joint Use Parking Plan for the property located at 1301 Buckeye Avenue to accommodate a change of use to a restaurant without the construction of additional parking; and, WHEREAS, the site is part of a larger commercial development where Staples, the movie Theater, and former Kmart are located; and, WHEREAS, the applicant has a right to shared parking with Lots 1 and 2 of the Southwest Subdivision, 3' Addition, based upon a Reciprocal Easement and Operation Agreement that was recorded in 1994 between then Aldi's grocery store and adjacent owners; and, WHEREAS, this agreement authorizes each party to use access parking throughout the development, and the easement document has an expiration date of 99 years; and, WHEREAS, however, the Reciprocal Easement document does not include reference to the City of Ames as part of the agreement and, therefore, the change of use requires approval by the City Council in order to rely upon the existing parking conditions to serve the new restaurant; and, WHEREAS, typically, approval of a Joint Use Parking Agreement would reduce the number of parking spaces required to be provided on a site and be for sites that have varying customer peak hours; and, WHEREAS, however, the arrangement of uses and their peak hours of use would be similar for retail, theater, and restaurant uses, and it is necessary to rely upon the shared use of spaces and the surplus of required parking to accommodate a fully occupied development with the proposed restaurant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the Joint Use Parking Agreement for 1301 - 1405 Buckeye Avenue based upon the existing Reciprocal Easement is hereby approved, subject to the condition that if adequate event parking is not present, the property owner will construct the previously approved, but deferred parking at 1301 Buckeye Avenue. ADOPTED THIS 7" day of March, 2017. • L�CJ.I]/ Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Betcher Seconded by: Corrieri Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 7th day of March, 2017.