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HomeMy WebLinkAboutA016 - Resolution No. 07-227 adopted May 8, 2007 RESOLUTION NO. 07-227 RESOLUTION APPROVING MODIFICATION OF CONDITIONS FOR PRELIMINARY PLAT APPROVAL FOR THE STREETS OF NORTH GRAND FOR THE CITY OF AMES WHEREAS,on April 24,2007,the Council received a letter from the developers of The Streets of North Grand requesting review and reconsideration of a stipulation placed upon the Preliminary Plat; and, WHEREAS, the condition that was placed upon the Preliminary Plat, identified as Alternative l.c. in the original Council Action Form, that the property owners wish to have reconsidered is as follows: that prior to Final Plat approval, the parking spaces on Lot 2 shall be reconfigured to provide Code required parking as indicated on the associated Adaptive Reuse/major Site Development Plan being reviewed concurrently with this application; and, WHEREAS,during the Preliminary Plat process,it was determined that proposed Lot 1 and Lot 3 comply with the off-street parking requirements,however,proposed Lot 2 would require a minimum of 1,284 regular parking spaces and 23 accessible spaces; and, WHEREAS, as proposed,Lot 2 includes 1,204 regular spaces with 10 accessible spaces,which yields approximately 80 regular and 13 accessible spaces under the minimum requirement; and, WHEREAS,North Grand Mall is located within the Planned Regional Commercial Zone,which does not allow required parking to be located on another property,and the created lots must comply with the parking requirements; and, WHEREAS, the applicant has supplied staff with a recorded copy of Grant of Easements with Covenants and Restrictions Affecting Land, and this document essentially allows all of the properties (Lots 1, 2, and 3)to utilize parking and access on each other's lots; and, WHEREAS, when platting occurs, there will be sufficient spaces to meet the total parking requirements on the site for all three lots combined; and, WHEREAS, the City of Ames has processed only one other Adaptive Reuse application in its past,and to try to balance the complexity of this unusual site and existing Municipal Code requirements provides a needed level of flexibility; and, WHEREAS, it is the recommendation of City staff that revisions to the previously-approved stipulation"c"of The Streets of North Grand Preliminary Plat be approved subject to the following: 1) enter into an improvement agreement with the City promising to reconfigure the parking area on Lot 2 to comply with the minimum off-street parking standards in the Municipal Code not later than one year from the recording date of the Final Plat; 2) acknowledge in the improvement agreement that no occupancy permits shall be issued for any new construction on Lots 1 and 2, except for interior tenant space alterations and tenant changes that do not require increased parking under the provisions of the Code, until the parking lots on Lots 1 and 2 are reconfigured,re-striped, and constructed in accordance with the Adaptive Reuse/Major Site Development Plan approved by Council on March 27, 2007; 3) provide a temporary access and construction easement to the City to complete and install all required parking lot,landscaping,and electrical improvements in accordance with the Adaptive Reuse/Major Site Development Plan approved by Council on March 27, 2007, in the event the applicant fails to perform as promised in condition 1 above;and,4)provide a Letter of Credit in an amount satisfactory to the City based on a contractor's itemized costs, project through July 2008, to reconfigure the parking area, including but not limited to re-striping/repaving the parking stalls, removing and relocating medians/islands/parking aisles, and relocating electric transformers in accordance with the Adaptive Reuse/Major Site Development Plan approved by Council on March 27, 2007. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Ames, Iowa, that revision to the previously-approved Stipulation "c" of The Streets of North Grand Preliminary Plat, subject to the aforementioned conditions, is hereby approved. ADOPTED THIS 8t'day of May, 2007. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Rice Seconded by: Goodman Voting aye: Doll, Goodman, Larson, Mahayni, Popken, Rice Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 8r'day of May, 2007.