HomeMy WebLinkAboutA002 - Council Action Form dated June 25, 2002 ITEM
DATE 06/25/02
COUNCIL ACTION FORM
SUBJECT: RESOLUTION APPROVING THE FINAL PLAT FOR STAGE COACH
SUMMIT 2ND ADDITION, AND APPROVING AN AGREEMENT FOR WAIVER OF THE
RIGHTS TO APPEAL ASSESSMENTS.
BACKGROUND:
The property owner is requesting that the Final Plat for Stage Coach Summit 2"d Addition
be approved.
The subject site is located outside the corporate limits of the City of Ames, but within the
two-mile jurisdiction area of the City. The property is generally located west of Stagecoach
Road, east of 547m Avenue, and south of Riverside Drive, including approximately 45.60
acres.
The proposed subdivision was originally platted as "Lot 4, Arnold Acres Subdivision" in
1992. A re-plat of Lot 4, Arnold Acres Subdivision was approved in 1999, as "Lots 1 and
2, Stage Coach Summit Subdivision". Parcel "D"was then split out of Lot 2. The applicant
now proposes to re-subdivide Lots 1 and 2, except Parcel D, into six (6) lots, as shown on
the Final Plat for Stage Coach Summit 2"d Addition.
The Final Plat for Stage Coach Summit 2"d Addition, now being considered for approval,
divides the subject property into six (6) single-family residential lots (see the attached Final
Plat), that range in size as follows:
• Lot 1: 5.35 acres (includes the existing house and septic system);
• Lot 2: 35.78 acres;
• Lot 3: 1.46 acres;
• Lot 4: 1.00 acres;
• Lot 5: 1.00 acres; and,
• Lot 6: 1.01 acres.
Lots 1, 3, 4, 5, and 6 of the revised Preliminary Plat are proposed with frontage on
Stagecoach Road. Lot 2 is proposed with frontage on 547th Avenue.
There are two (2) Story County zoning designations on the property included in the
proposed subdivision. The "R-1" (Residential) zoning district extends west from
Stagecoach Road for a distance of 330 feet from the centerline of the road. The remainder
of the subdivision is currently zoned as "A-1" (Agricultural).
Proposed Lots 3, 4, 5, and 6 are zoned as "R-1" (Residential).
' Y
Proposed Lots 1 and 2 are split between two zoning districts, which include "A-1"
(Agricultural) and "R-1" (Residential). The majority of the land area of Lots 1 and 2 fall into
the "A-1" (Agricultural) zoning district.
On April 9, 2002, the Ames City Council passed a resolution approving a waiver of the
requirement to install sanitary sewer and water infrastructure for this subdivision with the
following stipulation:
• That the property owner sign a Waiver of Rights to Appeal Assessments Agreement,
prior to consideration of the Final Plat by the City Council.
There are no public street improvements to be installed for this subdivision. All proposed
lots will have access onto existing roads along the perimeter of the subdivision.
The property owner has signed the Agreement to waive his rights to appeal future
assessments. It is necessary, as part of the approval of the Final Plat, that the City Council
approve this Agreement for signature by the Mayor.
Staff believes all stipulations of the Preliminary Plat approval have been met and
recommends approval of the Final Plat for Stage Coach Summit 2nd Addition.
ALTERNATIVES:
1. The City Council can approve the Final Plat and an Agreement for Waiver of the
Rights to Appeal Assessments for Stage Coach Summit 2nd Addition.
2. The City Council can deny approval of the Final Plat and an Agreement for Waiver
of the Rights to Appeal Assessments for Stage Coach Summit 2nd Addition.
3. The City Council can approve the Final Plat and an Agreement for Waiver of the
Rights to Appeal Assessments for Stage Coach Summit 2nd Addition, with
modifications.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council approve Alternative#1.
This will approve the Final Plat and an Agreement for Waiver of the Rights to Appeal
Assessments for Stage Coach Summit 2nd Addition. All subdivision requirements have
been fulfilled.
COUNCIL ACTION:
Attachment
s:\Council Action Forms\Final Plats\Stage Coach Summit Second Addition 06-25-02
2
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
STAGECOACH SUMMIT SECOND ADDITION
COVENANT FOR ASSESSMENT OF
COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT is made effective the day of 12002,
by and between JESSE GOFF,his successors and assigns(hereinafter called"Developer"),and THE CITY
OF AMES, IOWA, (hereinafter called"City").
WITNESSETH THAT :
The parties hereto have agreed and do agree as follows:
1. This agreement is made for the purpose of meeting the subdivision regulations and plat
approval requirements of the City.
2. In anticipation of the possibility that the City may at some time deem it to be in the public
interest to cause construction of streetpaving,curbs and guttering,sewer service,water mains,sanitary sewer
mains, and sidewalks by means of city awarded contracts to be paid by special assessments to be levied
against the lots in Stagecoach Summit Second Addition,Developer does hereby covenant and agree that by
execution of this instrument Developer,its successors and assigns,including purchasers of lots,and each of
them,shall pay and are bound to pay to the City,the costs of the aforesaid improvements assessed to the lots
in Stagecoach Summit Second Addition,by action of the governing body for the City,after notice of hearing
as provided by Section 384.50 Code of Iowa,the provisions of Section 384.3 8 Code of Iowa notwithstanding.
3. Without affecting the forgoing waivers ofrights,it is understood and agreed that if and when
the governing body of the City conducts a hearing on a proposed resolution of necessity to assess public
improvement costs to land referred to in this agreement,the owners of such land may then appear before the
governing body of the City and be heard.
4. Additionally,Developer,in consideration of the benefits derived from approval of the said
plat of subdivision,receipt of which is hereby acknowledged,does covenant with the City that it will never,
at any future time, sue the City, or any officer or employee of the City, to test the regularity of the
proceedings or legality of the assessment procedure,to appeal the amount of the assessment,to enjoin, set
aside, overturn, or reduce the amount of such assessments levied against the said land by the City.
The foregoing provisions encumber the land that is platted as Stagecoach Summit Second Addition,
Story County, Iowa.
Page 1 of 2
5. This covenant and agreement shall be filed for record in the office of the Story County ;
Recorder and all covenants, agreements,promises and representations herein stated shall be deemed to be
covenants running with the land and shall endure and be binding on the parties hereto, their mortgagees,
lienholders, successors and assigns, for a period of twenty-one(21)years from the date of the recording of
these covenants, unless claims to continue any interest in the covenants are filed as provided by law. The
City shall have the right to file a claim to continue its interest in these covenants.
6. Invalidation of any of these covenants by judgment or court order shall in no way affect any
of the other provisions, which shall remain in full force and effect.
Executed by the respective signatories effective the date first above written.
DEVELOPER CITY OF AMES, IOWA
By: By:
J se Goff Date Ted Tedesco,Mayor
Date
By:
Diane R. Voss, City Clerk Date
STATE OF IOWA,STORY COUNTY ss: STATE OF IOWA,COUNTY OF STORY,ss:
On this �� day of JLCA'e_ ,2002,before me,a On this day of ,2002,before
Notary Public in and for Story County, personally me,a Notary Public in and for the State of Iowa,personally
appeared Jesse Goff,to me known to be the person named appeared Ted Tedesco and Diane R. Voss, to me
in and who executed the foregoing instrument, and person-ally known,and,who,being by me duly sworn,did
acknowledged that he executed the same as his voluntary say that they are the Mayor and City Clerk,respectively,of
act and deed. the City of Ames, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed
on behalf of the corporation, by authority of its City
Notary Pub4An and for Story County,Iowa Council, as contained in Resolution No. adopted by
the City Council on the day of
and that Ted Tedesco and Diane R. Voss
acknowledged the execution of the instrument to be their
CINDY L. HOLLAR voluntary act and deed and the voluntary act and deed of
COMMISSION N0. 139989 the corporation,by it voluntarily executed.
*0W MY CO MISSION EXPIRES
U
Notary Public in and for Story County,Iowa
Stagecoach Summit Second Addition-061302
Page 2 of 2
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" L THE FINAL PLAT STAGE COACH SUMMIT INCORRECTLY SNOWED THE NORT7A.DH,NESOF LOT I THEREOF TO BE]50.00 FEET.THE CORRECT DIMENSION IS]42.SOILSTRUCTURE OF LOTS J.4.5.AND 6 ARE SUCH THAT A WASTEWATYSTEMWOOL INNG LATERAL LINES WITH OPEN DISCHARGE OF WATER MAY NOT B ROVIDNG `Y G
AOEDUATE TREATMENT OF WASTE WATER Ffl04 RESIDENCES BUILT ON THESE LOTS.A MWND Niliael A. Date
- u OR SAND FILTRATION SYSTEM MAY BE REOUNED.
J.LOT 2 MAY NOT BE FURTHER DIVIDED FOR PURPOSES OF CREATING SNGLE-FAMILY DWELLING(NITS. 1S9B0 NIT I. A.vn,
4.SOIL MESNG6 ARE REOUIRHAVING S N AREAS WITHIN ONS PLAT R OF HAVE BEEN IDENTIFIED BY THE CITY IOFA gr.n 1 a t
1O1.O42T D-1611
as OF ANES.IONA AS HAVING SOBS THAT W1KE CONSTRUCTOR OF BUILDINGS DIFFICULT. '
06
sheet 1 of 1
CAF APPROVAL
SS BK SL
J Kam(_ J P
To be sent to:
Jesse Goff
3359 Stagecoach Road
Ames, Iowa 50010
Mark Gannon
2811 North Dayton Avenue
Ames, Iowa 50010