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HomeMy WebLinkAboutA027 - Resolution No. 21-472 adopted August 24, 2021 RESOLUTION NO. 21-472 RESOLUTION APPROVING AMENDME NT TO RESTRICTIVE COVENANTS FOR THE AMES COMMUNITY DEVELOPMENT PARK SUBDIVISION, FOURTH ADDITION FOR THE CITY OF AMES, IOWA WHEREAS, in 2009, the City entered into a Development Agreement for the Ames Community Development Park, Fourth Addition, and Section 15 of the Development Agreement references an Exhibit `B", Restrictive Covenants, that all buildings within the Subdivision must comply with; and, WHEREAS,the covenants recorded with the Development Agreement in 2009 prohibits the parking of trailers or mobile homes, or other similar structures on any lot except those used by a contractor during construction; and, WHEREAS,City Council is being asked to recognize a change in the Restrictive Covenants to allow the parking of auxiliary trailers on a site since the covenants are referenced and attached as an exhibit to the Development Agreement; and, WHEREAS,in 2016,Story Construction built a new office building within the Subdivision, and at the time of site plan review the parking of job site trailers was not shown on the plan nor was it indicated they would be parked on site; and, WHEREAS, Story Construction uses these trailers to preplan projects and then take to job sites, and the length of time for which a trailer sits may vary dependent on the Company's project schedule, but a trailer will never sit longer than six months; and, WHEREAS,Story Construction has worked to amend the Restrictive Covenants to allow the job site trailers to be parked on site within the Subdivision and has indicated they have support of the other property owners in the subdivision; and, WHEREAS,the Development Agreement and the associated Restrictive Covenants include restrictions related to building design,building materials,and site design above and beyond what the Zoning Code requires; and, WHEREAS,while the City is part of the Development Agreement, it is not involved in the Restrictive Covenants directly; and, WHEREAS, the limitation on storage of trailers is a higher-level restriction than what the General Industrial (GI) base zoning would permit; therefore, the proposed language change addressing trailers that are auxiliary to the primary use would meet the intent of the original covenant that was designed to stop large scale storage uses from occupying land in the development; and, WHEREAS,changes to the Covenants have already been approved by all affected property owners and have been recorded and the change now allows"auxiliary use trailers"and the auxiliary trailers will not be allowed to be parked in the same location for longer than six months and shall not be used for storage. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the changes to the Restrictive Covenants to include exceptions for auxiliary trailers that may be parked on a site for a period not to exceed six months is hereby approved. ADOPTED THIS 241h day of August, 2021. Diane . Voss, City Clerk John A. Haila, Mayor Introduced by: Corrieri Seconded by: Betcher Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Martin Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 241h day of August, 2021.