HomeMy WebLinkAboutA041 - Letter dated June 6, 2011 regarding Termination of Use Restrictions in Commercial Node at Bloomington and Stange City Attorney's Office
II
Crams Pf, 515 Clark Avenue,P.O.Box 811
Ames,IA 50010
Phone:515-239-5146 0 Fax:515-239-5142
June 6,2011
Honorable Ann C. Campbell, Mayor,
and Members of the City Council
Re: Termination of Use Restrictions in Commercial Node at Bloomington and Stange
Dear Mayor Campbell and Members of the Council:
Earlier this spring you considered a request from Kurt Friedrich to lift the use restrictions in the
Convenience Commercial Node on the north side of the intersection ofBloomington and Stange. The
use restrictions were imposed both by the terms of the Land Use Policy Plan and by restrictive
covenants contained in the 2008 agreement with Uthe Development Company for that site.
At the March 1 City Council meeting,following a public hearing,you amended the Land Use Policy
Plan to eliminate exception criteria for Commercial Nodes. You also indicated support for terminating
the use restriction covenants that were included in the development agreement for the site at
Bloomington and Stange. An excerpt from the minutes of the March 1,2011 meeting is attached for
your reference.
The attached Termination and Release of Restrictive Covenants was drafted for the purpose of
eliminating the use restrictions in the development agreement. Mr.Friedrich has obtained signatures
from all of the property owners in the area subject to the restrictive covenants. In order to finalize the
Termination and Release of Restrictive Covenants, it is recommended that the City Council pass a
resolution approving the agreement and directing that it be recorded.
Yours truly,
Douglas R. Marek
City Attorney
c: Kurt Friedrich,Diane Voss
Attachments