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Home My WebLink AboutRESOLUTION NO. 2023-27RESOLUTION NO. 2023-27 RESOLUTION APPROVING THE SITE PLAN DEVELOPMENT AGREEMENT FOR THE PROPOSED SITE IMPROVEMENTS FOR LOT 1 BUSHMAN FIRST ADDITION TO THE CITY OF FAIRFAX, LINN COUNTY, IOWA WHEREAS, a Site Plan Development Agreement for the proposed site improvements of a truck repair and contractor storage building with related site improvements, all located on Lot 1, Bushman First Addition to the City of Fairfax, Linn County, Iowa has been submitted to the City of Fairfax by Dan Bushman; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Site Plan Development Agreement for the proposed site improvements of a truck repair and contractor storage building with related site improvements on said on Lot 1, Bushman First Addition and recommends that the City Council approves said Development Agreement for the proposed site improvements of a truck repair and contractor storage building with related site improvements, all located on Lot 1, Bushman First Addition to the City of Fairfax, Linn County, Iowa. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Site Plan Development Agreement for the proposed site improvements of a truck repair and contractor storage building with related site improvements, all located on Lot 1, Bushman First Addition to the City of Fairfax, Linn County, Iowa, are hereby acknowledged and approved on the part of the City of Fairfax, Linn Couniy, Iowa. BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor Pro Tempore and the City Clerk/Treasurer are hereby authorized and directed to execute said Resolution. Passed and approved this 21 St day of March, 2023. AYES: Nurre, Daly, Pacha, Volk, and Wainwright NAYS: None Marianne Wai ight, Mayor Pro Tempore ATTEST: �� , _ %� � nthia Stimson, City Clerk/Treasurer * . � , k ,,. SITE PLAN DEVELOPMENT AGREEMENT (CITY RESOLUTION NO. 2023- ��) �This Development Agreement (this "Agreement") is entered into this �day of , 2023 by and between the undersigned property owner (hereinafter referred to as the DEVELOPER) and the City of Fairfax, Linn County, lowa (hereinafter referred to as the CITY). RECITALS A. The DEVELOPER is owner of the following described property: Lot `1', Bushman First Addition to the City of Fairfax, Linn County, lowa B. The DEVELOPER currently has one existing building located on said Lot 1, Bushman First Addition, and is proposing to construct one new building on the property at this time (the proposed developed area is approximately 3 to 4 acres, with the entire property being 33.45 acres). Both the existing and proposed buildings on this property are planned to be connected to the CITY's public water main system (which is located within the public right-of-way of Fairfax Road) by a private water main (which is located along the north property line of this site, and individual private water services to each building. The DEVELOPER has prepared a site development plan (hereinafter referred to as the SITE PLAN) for the proposed building and related site improvements. This entire property is zoned Light Industrial (M1), and the proposed building and related site improvements are for a truck repair business. Said Improvements on this property shall consist of private water main facilities (which will serve both buildings) and private sanitary sewer facilities (which will serve the proposed building), as well as private storm sewer facilities and private storm water management facilities. NOW BE IT RESOLVED, the DEVELOPER and the CITY hereby agree as follows: (BUILDING PERMITS) 1. All improvements associated with this SITE PLAN shall be completed per SUDAS and the CITY's Supplemental Design Standards and Specifications to SUDAS, as well as all applicable CITY Codes & Ordinances. 2. PRIOR TO THE ISSUANCE OF A GRADING PERMIT FOR THESE SITE IMPROVEMENTS, the DEVELOPER shall provide the CITY with a copy of the lowa DNR NPDES Permit Authorization under General Permit No. 2. (OCCUPANCY PERMITS) 1. PRIOR TO THE ISSUANCE OF A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for this SITE PLAN, the DEVELOPER shall provide the following to the CITY: Certification by a civil engineer licensed in the State of lowa verifying that the runoff from the 100-year storm event can be conveyed through and on / adjacent to the proposed development on this property without damage to the building structures on this property. A civil engineer licensed in the State of lowa shall also certify that the private storm sewer facilities, private storm water drainage facilities, and the private storm water management / private storm water quality facilities located on this property have been constructed per the CITY approved Site Plan of Improvements and Drainage Report. The Minimum Flood Protection Elevation for the proposed building structure on the west side of this property shall be 751.6 as provided on the Site Development Plan Sheet 2. Certification by a civil engineer licensed in the State of lowa verifying that the private water main facilities are installed per the approved SITE PLAN. c. Certification by a civil engineer licensed in the State of lowa verifying that the private sanitary sewer facilities are instailed per the approved SITE PLAN. Install a minimum of 4" of topsoil on all areas of this property that are disturbed by construction activities and that are not covered with buildings, pavements, granular surfacing, or permanent water. e. Complete site seeding in all area that are not paved or covered with buildings, granular surfacing, or permanent water. f. Install the required screening / buffering landscaping and parking lot trees. (EASEMENTS) Currently, a significant portion of the existing Public Access Easement located on this SITE, as recorded with the final plat of Bushman First Addition to the City of Fairfax, Linn County, lowa, Book 6532; Pages 529-539, is not currently being used for ingress / Egress for this SITE. Because there is currently no other access easements established for this SITE which provide Ingress / Egress from Fairfax Road to the existing and proposed uses on this SITE, the DEVELOPER shall maintain the existing Public Access Easement with no obstructions or restrictions, such as trees, dumpsters, parking, etc., unti) such time that an alternate legal public access for Ingress / Egress for this SITE has been established. (SANITARY SEWER) The DEVELOPER shall own, maintain, repair and replace all of the sanitary sewer facilities located on this SITE, as wel) as the 10" diameter gravity sanitary sewer main that is located within in the Fairfax Road right-of-way and connects the sanitary sewer facilities located on this SITE to the CITY's sanitary sewer manhole, which is located in the Fairfax Road right-of-way just south of the intersection of Fairfax Road and Linn Street (See approved SITE PLAN). These sanitary sewer facilities, in their entirety, shall be privately owned and maintained by the DEVELOPER. The DEVELOPER shall coordinate with and obtain CITY staff approval prior to accessing the CITY's sanitary sewer manhole and /or the private 10" diameter gravity sanitary sewer main located within the CITY's right-of-way for the installation, maintenance, repair and/or replacement of these private sanitary sewer facilities. The DEVELOPER shall provide necessary traffic control, as well as insurance as reasonably required by the CITY when working within the CITY's public rights-of-way. The DEVELOPER shall also be responsible for reconstructing Fairfax Road / Linn Street to the CITY's standards if they are disturbed while maintaining, repairing, and / or replacing said private sanitary sewer facilities. 2. The DEVELOPER shall pay the CITY a one-time sanitary sewer connection fee for this SITE PLAN PRIOR to connecting to the existing sanitary sewer facilities located at the northwest corner of this SITE. Said Connection Fees for 2023 have been estabiished and sent to the DEVELOPER. (WATER MAIN) 1. The DEVELOPER shall execute the Private Water Main Agreement PRIOR to connecting to the City's Existing water main facilities located in the Fairfax Road Right-of-Way. 2. The DEVELOPER shall pay the CITY a one-time water main connection fee for this SITE PLAN PRIOR to connecting to the existing sanitary sewer facilities located at the northwest corner of this SITE. Said Connection Fees for 2023 have been established and sent to the DEVELOPER. (MISCELLANEOUS) 1. The DEVELOPER shall maintain ail landscaping and trees on this property such that all dead trees, shrubs, and plants are removed and replaced with similar species or approved equals, and such that the screening / buffering landscaped areas do not become overgrown with weeds or other unintended vegetation. 2. The undeveloped portions of this SITE PLAN shall be maintained with a crop, native prairie grasses / plantings, or per the City's Ordinances for weed control. 3. The DEVELOPER and any contractor or other agent employed by the DEVELOPER shall provide insurance as reasonably required by the CITY when working within the public rights-of-way on the adjacent public roadway. 4. All facilities on this SITE shall be privately owned and maintained by the Owner. The CITY shall Not accept any facilities (Roadway, Sanitary Sewer, Water Main, Storm Water Drainage, Storm Water Management / Quality, Etc.) located on this SITE unless they are designed by an engineer licensed in the State of lowa and constructed to meet the CITY's design standards and ordinance current at the time that these private facilities may be considered to become public facilities. 5. The Detention Basin as shown on the City approved SITE PLAN shall be privately owned and maintained by the DEVELOPER. This detention basin shall be maintained to meet the design standards of the CITY approved SITE PLAN and CITY approved Drainage Report for these SITE Improvements. The DEVELOPER agrees to indemnify and hold harmiess the CITY for damages or claims for damages that may arise or accrue as a result of City Council approval of this Agreement. This Agreement shall be binding upon the parties hereto and their heirs, successors, and assigns, and the sale by the DEVELOPER / owner of all or any part of this property shall transfer obligations of the DEVELOPER to the successor in interest. If enforcement of this agreement goes to court, the prevailing party may recover attorney's fees from the other party. Dated: �"Yc�U , 2023 The Daniel S. Bushman Revocable�jiist U/D/O August 2, 2012 S. Bus{�mar�„�`rustee STATE OF IOWA, COUNTY OF LINN) This instrument was acknowledged before me on this � day of �'� �� , 2023 by Daniel S. Bushman, Trustee, The Daniel S. Bushman Revocable Trust U/D/O August 2, 2012. ' ,pP�^� S�, CYNTNI�41Ce STIMSOI� :° . � Commission Number 928033 My Commission Expires °iNP April13.2025 �� Not y Public in and for the State of lowa Dated: �' "� � , 2023 CITY OF FAIRFAX, IOWA i Marianne Wainw � t, Mayor Pro Tempore STATE OF IOWA, COUNTY OF LINN) This instrument was acknowledged before me on this � day of ��+ , 2023 by Marianne Wainwright, Mayor Pro Tempore of the City of Fairfax, lowa. ,�pP1pt S� CYNTHiA K. STIMSON � , ; Commission Number 928033 My Commission Expires �w April 13, 2025 Nota y Public in and forthe State of lowa