HomeMy WebLinkAboutA020 - Council Action Form dated July 10, 2007 ITEM # 4-6
DATE 07/10/07
COUNCIL ACTION FORM
SUBJECT: DEVELOPMENT AGREEMENT AND FINAL PLAT FOR STREETS OF
NORTH GRAND SUBDIVISION
BACKGROUND:
On March 27, 2007,the Ames City Council approved the Preliminary Plat for the Streets of
North Grand, via Resolution No. 07-147 attached, with the following stipulations:
1. Civil drawings of all public improvements shall be submitted to the Public Works
Department for review and approval prior to installation and prior to final plat
approval.
2. All structures are subject to the fire-resistance rating requirements and limitations on
openings on exterior walls of buildings when located adjacent to a property line.
Openings with a fire separation distance of three feet or less are not allowed.
3. 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.
4. Prior to final plat approval, the applicant must have obtained approval of waivers of
the FAR standards through the adaptive reuse process unless the applicant has,
within 30 days of the date of this decision, submitted to the City a complete
application for a text amendment or variance that will amend, or grant relief from,
the FAR standards. If the application for a text amendment or variance is not
submitted within 30 days, or if the application is denied, this preliminary plat
application shall be considered denied. If the application for a text amendment or
variance is approved,this preliminary plat application shall be reviewed again by the
City Council to determine compliance with the approved text amendment or
variance, and the City Council shall render a final decision on the Preliminary Plat.
The City Council ultimately approved the Adaptive Reuse/Major Site Development Plan
and the associated FAR waiver, thereby addressing the requirement under stipulation 4.
However, the applicant had concerns regarding stipulation 3. For financial and timing
reasons, the applicant asked that the City Council revise stipulation 3 to allow flexibility in
timing so that the parking lot would not need to be reconfigured prior to Final Plat approval.
At its regular meeting of May 8, 2007, the Ames City Council revised stipulation 3, via
Resolution No. 07-227, attached, as follows:
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.
4. Provide a Letter of Credit in an amount satisfactory to the City based on a
contractor's itemized costs, projected through July 2008,to reconfigure the parking
area, including but not limited to re-striping/re-paving 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.
Request for Final Plat Approval. The property owners, North Grand Mall Partners LLC
and Grand Center Partners LLC, are requesting approval of the Final Plat for the Streets of
North Grand Subdivision (see attached Final Plat).
The site is currently improved with North Grand Mall and other associated commercial
buildings and is located directly southwest of the 30t' Street and Grand Avenue
intersection. The site is addressed at 2801 Grand Avenue.
The subdivision includes a total of 34.71 acres, divided into three (3) numbered lots, one
(1) lettered lot and one (1) outlot. The size of each proposed lot/outlot is described as
follows:
• Lot 1 11.67 acres
• Lot 2 20.11 acres
• Lot 3 1.79 acres
• Lot A 0.70 acres
• Outlot A 0.44 acres
Total 34.71 acres
The following documents are required for this Final Plat application:
• Accepting Public Improvements and Bond;
• Bond for reconfiguring the parking area on Lot 2;
• Bond for the fire door;
• Treasurers Certificate which certifies that the properties are free from all certified
taxes, special assessments and special rates and charges;
2
• An Attorney's Title Opinion prepared pursuant to Chapter 354.11(3) of the Code of
Iowa;
Easement Grant for the following:
o General Utility Easement; and,
o Storm Sewer and Surface Drainage Easement.
• Temporary Access and Construction Easement;
• Consent and Dedication; and,
Mortgagee Consents.
The staff has been in contact with the applicant and has identified the following items that
will need to be submitted by noon on Tuesday, July 10, 2007,for this application to remain
on the City Council agenda for the July 10, 2007 meeting:
• Signed Agreement for Public Improvements;
• Signed Agreement Pertaining to the Subdivision Platting and Development of Land
in the City of Ames Called Streets of North Grand Subdivision.
A bond or a letter of credit for the approved Public Improvement cost estimate;
A bond or a letter of credit for the Fire Door cost estimate; and,
• A bond or a letter of credit for the parking lot improvements on Lot 2.
If all of the items above are not submitted by noon on Tuesday, July 10, 2007, staff will
remove this item from the City Council agenda.
Development Agreement. An Agreement Pertaining to the Subdivision Platting and
Development of Land in the City of Ames Called Streets of North Grand Subdivision is
being executed for the following reasons:
1. Document, record, and give notice of a certain plan of development, and the public
and private measures and undertakings essential to the implementation of that plan
of development, for the site.
2. Provide remedies to the City in the event the Owner does not complete the parking
lot re-configuration on Lot 2 to comply with the minimum off-street parking standards
in the Ames Municipal Code as quantified and in the locations depicted in the
Adaptive Reuse/Major Site Development Plan approved by the City Council on
March 27, 2007.
The improvements discussed within the Agreement include the following three categories:
1. Parking Lot Improvements
2. Occupancy Permits for New Structures on the Site
3. Limitations on Openings of Exterior Walls Located Adjacent to Property Lines
3
This agreement will be recorded and will become a covenant with the land. This
agreement will be binding upon the Owner(s) and their successors until such time as the
Owner has completed in an acceptable manner the parking lot improvements on Lot 2 and
has complied with the fire resistance rating requirements.
City staff believes that the Final Plat for the Streets of North Grand Subdivision is
consistent with the approved Preliminary Plat, and that the Final Plat, together with the
Development Agreement, meets the regulations of the Subdivision Ordinance.
ALTERNATIVES:
1. The City Council can approve the Development Agreement and the Final Plat forthe
Streets of North Grand.
2. The City Council can deny the approval of the Development Agreement and the Final
Plat for the Streets of North Grand.
3. The City Council can refer this item back to staff and the property owner for
additional information.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council act in accordance with
Alternative #1. This will approve the Development Agreement and the Final Plat for the
Streets of North Grand Subdivision. Requirements of the Subdivision Ordinance for
approval of a Final Plat are met by the proposed subdivision, together with the
Development Agreement.
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RESOLUTION NO. 07-147
RESOLUTION APPROVING PRELIMINARY PLAT FOR
THE STREETS OF NORTH GRAND SUBDIVISION
FOR THE CITY OF AMES
WHEREAS,property owners North Grand Mall Partners,LLC,and Grand Center Partners,LLC,
are proposing to renovate the North Grand Mall site located at 2801 Grand Avenue; and,
WHEREAS, the properties involved in this application include the existing northern parcel of
approximately 28.5 acres and the triangular piece of property located directly northwest of the 28t'Street
and Ferndale Avenue intersection; and,
WHEREAS,the proposed Preliminary Plat includes three lots(Lots 1,2,and 3),one lot for right-
of-way dedication(Lot A), and a remnant lot (Outlot A); and,
WHEREAS, this is a fully developed site with existing utility service available to serve the
60,000 square feet of retail space; and,
WHEREAS,the applicant is requesting,through a separate application,approval for an Adaptive
Reuse/Major Site Development Plan for this site; and,
WHEREAS, during review of that separate application, it was noted that proposed buildings
straddled lot lines of the existing Plat, which is not permitted under Code; and;
WHEREAS,to correct that problem,the applicant is proposing to relocate property lines through
the Preliminary Plat process; and,
WHEREAS,the proposed Preliminary Plat is consistent with the Land Use Policy Plan and the
associated Map designations on the site; and,
WHEREAS, as proposed, Lot 2 does not comply with the off-street parking standard of Ames
Municipal Code Table 29.406(2); and,
WHEREAS,the proposed lots are not in conformance with Minimum Floor Area Ratios within
the Planned Regional Commercial zone, and the Plat will have to be modified or the standards waived;
and,
WHEREAS on March 21,2007,the Planning and Zoning Commission approved the Preliminary
Plat with conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that
the Preliminary Plat for the Streets of North Grand Subdivision located at 2801 Grand Avenue is hereby
approved subject to the following conditions:
1. Civil drawings of all public improvements shall be submitted to the Public Works
Department for review and approval prior to installation and prior to the Final Plat
approval.
2. All structures are subject to the fire-resistance rating requirements and limitations on
openings on exterior walls of buildings when located adjacent to a property line.
Openings with a fire separation distance of three feet or less are not allowed.
3. 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.
4. Prior to Final Plat approval,the applicant must have obtained approval of waivers of the
FAR standards through the adaptive reuse process unless the applicant has, within 30
days of the date of this decision, submitted to the City a complete application for a text
amendment or variance that will amend, or grant relief from,the FAR standards. If the
application for a text amendment or variance is not submitted within 30 days or if the
application is denied this Preliminary Plat application shall be considered denied. If the
application for a text amendment or variance is approved, this Preliminary Plat
application shall be reviewed again by the City Council to determine compliance with the
approved text amendment or variance, and the City Council shall render a final decision
on the Preliminary Plat.
ADOPTED THIS 27`h day of March, 2007.
Di&.A&Lo Ess City Clerk Ann H. Campbell, Mayor
Introduced by: Goodman
Seconded by: Rice
Voting aye: Doll, Goodman, Mahayni, Popken, Rice
Voting nay: None Absent: Larson
Resolution declared adopted and signed by the Mayor this 27'f' day of March, 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 8'day of May, 2007.
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Ted Tzegiannakis
GK Development
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