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HomeMy WebLinkAboutRESOLUTION NO. 2016-43 RESOLUTION NO. 2016-43 A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR HEARTLAND HEIGHTS SUBDIVISION WHEREAS, the Planning and Zoning Board of the City of Fairfax, Iowa has submitted to the City Council the Preliminary Plat of Heartland Heights in the City of Fairfax, Linn County, Iowa, and owned by Gordon C. Sevig, Shirley A. Sevig, and Bruce G. Sevig, developed by Iowa Lot Development, L.L.C., and located north and west of Highway 151 and 80t" Street in Fairfax, Iowa; and WHEREAS, on the 28th day of April, 2016, the Planning and Zoning Board of the City of Fairfax, Iowa recommended that said Preliminary Plat be approved, subject to several conditions; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed the Preliminary Plat for Heartland Heights Subdivision and is recommending its approval; and WHERAS, the City Council, developers, and property owners have continued the negotiations and agreed to this modified list of the following conditions: 1. The sidewalks located within this development shall be a minimum of 5 feet wide. 2. The Owner shall be responsible for maintaining or providing for a minimum of four (4) inches of topsoil in all developed areas that are not built upon or hard surfaces. 3. The Owner shall install storm water quality facilities upstream of the proposed storm water detention ponds. 4. The Owner shall develop this subdivision in compliance with the provisions of the City's Flood Plain Regulations (Chapter 160 of the City's Code of Ordinances), and the Cedar Rapids Metropolitan Area Design Standards and Specifications. 5. Access to 80' Street shall be restricted to a minimum spacing of 600 feet between all streets and/or commercial entryways. No residential lots shall have direct access to 80"' Street. 6. Commercial Lots 1 and 302 shall be restricted to a shared access to Beverly Road directly across from Applewood Drive. No Residential Lots shall have direct access to Beverly Road. 7. Beverly Road shall be constructed as a 28-foot wide (BOC to BOC) street, except for the portion of this street located between Applewood Drive and 80"' Street, which shall be constructed with a left turn lane. Beverly Road shall be constructed with the proposed trail, sidewalk, and water main facilities located to accommodate future street widening to 37 feet (BOC to BOC), and to accommodate the right-of-way grading for the future 37-foot wide Beverly Road. 8. The Heartland Heights Second Addition Improvements shall include the construction of Beverly Road from the end of this street (as installed with the Heartland Heights First Addition) through the intersection of Heartland Street. 9. The Owner shall dedicate Outlot's A, H, I, J, and K to the City for the purpose of Public Streets R.O.W. 10. The Owner shall dedicate Outlot's C, D, and E to the City for the purpose of storm water management, storm water quality, and storm water conveyance. 11. The Owner shall sell Outlot's B, F, and G to the City of Fairfax for the purpose of public open space and/or public facilities, if and when determined necessary by the City. The Owner shall sell these parcels to the City at a reduced price of 75% of the price that the surrounding, similar developed lots are being sold for at the time of the purchase. 12. The Owner shall install the trail along Beverly Road as part of the improvements. The City shall reimburse the Owner for 50% of the granular subbase and paving costs for this trail. 13. The Owner shall install the trail that runs from the south side of this development to the north side of this development, along the east side of the two storm water detention ponds and to the northeast development limits. The City shall reimburse the Owner for 50% of the granular subbase and paving costs for this trail. 14. The Owner shall install the paved, widened sidewalks that are located between the lots and connect the streets / sidewalks to the trail system. The City shall reimburse the Owner for 50% of the granular subbase and paving costs for these widened sidewalks. 15. The Owner shall install the remaining trail located along the south, west and north sides of the two storm water detention ponds. The City shall reimburse the Owner for 100% of the granular subbase and paving costs for this trail. 16. The proposed storm water management facilities are anticipated to be designed to retain storm water run-off for more developed land than is located within the proposed Heartland Heights subdivision. The City shall reimburse the Owner for the excess area provided with these storm water detention ponds which is beyond the area required from these ponds to detain the storm water run-off from just the Heartland Heights development. The City shall reimburse the Owner for the cost of the land (cost per acre) at the price which the Developer has acquired this property. Payments shall be adjusted annually (beginning in January of 2017) based on inflation index benchmark, the Consumer Price Index (CPI) established in January each calendar year. Said adjustments shall apply to payments made during the calendar year. 17. To assist with the costs to the Owner to construct the oversized storm water detention ponds, the City shall waive the $400 per acre storm water fee, which is due at the time of final platting. 18. The Owner shall pay the City sanitary sewer and water main connection fees based upon the costs of extending these facilities to the development. These fees shall be paid to the City at the time that a building permit is obtained for each lot, or when a developed vacant lot is initially sold by the Owner, whichever occurs first. 19. If the Owner participates in the installation of the sanitary sewer facilities through the Heartland Heights development which will serve property beyond this development, then the City will either reimburse the Owner for the direct costs of installing these sanitary sewer facilities which do not benefit the Heartland Heights Subdivision, or the City will reduce the Owners' sanitary sewer connection fees proportionately. 20. The Owner shall participate in the costs associated with improvements that will be required to 80`x' Street as a result of this development. The improvements to 80`x' Street extend from the north edge of Highway 151 to the northerly most property line of this development, and include intersection improvements with Beverly Road. These improvements, including construction, design, and administration costs are anticipated to be $4,000,000 (in 2016 dollars). The Owner shall pay the City $2,100 per acre, which shall be used towards improvements on 80t" Street as the traffic volumes dictate the needs for these improvements. These fees shall be established for the lot layout per this approved preliminary plat, with the fees (in 2016 dollars) as follows: ➢ Commercial lots at $5,600.00 per Lot; ➢ Single Family Residential lots at $1,400.00 per Lot; ➢ Multi-Family Residential lots at $2,300.00 per Lot These fees shall be paid at the time that a building permit is obtained for each lot, or when a developed vacant lot is initially sold by the Owner, whichever occurs first. Payments shall be adjusted annually (beginning in January of 2017) based on inflation index benchmark, the Consumer Price Index (CPI) established in January each calendar year. Said adjustments shall apply to payments made during the calendar year. The City anticipates that the 8011' Street improvements will not be necessary for at least 5 years, therefore the City will allow the Owner to withhold payments for each lot until the earlier of September 1, 2021, or the sale of half(1/2) of the Heartland Heights Development, at which time the Owner shall pay the City for all lots built upon or sold since the beginning of this development, with the appropriate adjustments due to inflation. No further final plats shall be considered by the City after September 1, 2021 until this balance is paid in full. Each payment will be based on the fee for the year in which that particular lot obtained a building permit or was sold. The Owner shall provide copies of the deeds to the City within 5 business days after closing on all lots that have been sold, but a building permit has not been issued. The City shall apply for Local Development Rise Funds for the 80th Street Improvement Project(s), which may be available because of the proposed commercial properties within the Heartland Heights Development. If the 80th Street Improvement Project(s) receives a RISE grant, the money from the Rise Grant shall be considered for the entire Heartland Heights development, and shall be used to offset the Project(s) cost proportionately to the City and the Owner. The City shall reimburse the Owner the Owner's portion of the RISE Grant money for the lots previously sold or built upon, and the City shall reduce the Owners participation fees for the remaining Lots within the Heartland Heights development that have not been sold or built upon at the time that the 80th Street RISE Grant Improvement Project is completed. The Owner shall not pay more than the $2,100 (in 2016 dollars) per acre for the entire development. If the total 80th Street Improvement Project(s) (which includes the design, construction and administration of the improvements to 80th Street from the north side of Highway 151 to the northerly most boundary of the Heartland Heights development, including the Beverly Road intersection) are less than $4,000,000 (in 2016 dollars), then the City shall do the following: ➢ Reimburse the individual lot owners (the current property owners of each individual lot at the time of this reimbursement) their proportionate share of the overall 80th Street Improvement Project cost saving that came in less than $4,000,000 (in 2016 dollars). ➢ Reduce the Owners participation fees for each remaining lot within the Heartland Heights development that has not been sold or built upon by a proportionate share of the overall 801h Street Improvement Project cost savings that came in less than $4,000,000 (in 2016 dollars). 21. THAT PRIOR TO THE ISSUANCE OF A TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY for Lots located adjacent to storm water drainage facilities, the Owner shall provide certification by a civil engineer licensed in the State of Iowa verifying that the runoff from the 100-year storm event can be conveyed through the adjacent storm water drainage facilities on the property without damage to the building structures. 22. THAT PRIOR TO THE ISSUANCE OF A TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY for Lots located within or adjacent to 100- year flood plain boundary, the Owner shall provide certification by a civil engineer licensed in the State of Iowa verifying that the building structure on this property is at least 1.0 feet above the 100-year flood plain elevation at this location. The Owner shall provide the 100-year flood plain elevations established by a civil engineer licensed in the State of Iowa. 23. THAT PRIOR TO THE CITY'S ACCEPTANCE OF OUTLOT C (BASIN 1) AND OUTLOT D (BASIN 2), the pond located on each of these Outlots shall be completely filled per the approved design, and the Owner shall provide the City with certification from an engineer licensed in the State of Iowa that these ponds have been constructed per the approved design and plan of improvements. 24. THAT PRIOR TO THE CITY'S ACCEPTANCE OF OUTLOT C (BASIN 1), the Owner shall acquire a storm water drainage easement on the adjacent property located directly south of the proposed Storm Water Detention Basin No. 1 (Outlot C) for the purpose of identifying and protecting property (and future development) from storm water drainage and storm water overflows from this detention basin. If the property owner does not agree to this easement, the Owner will establish the area for this easement and prepare an easement exhibit, and the City will require the future development on this property to establish this easement as part of that development. 25. THAT PRIOR TO THE CITY'S ACCEPTANCE OF THE HEARTLAND HEIGHTS FIRST ADDITION FINAL PLAT, the Owner shall have the existing field entrance located between proposed Lot 1 and 80"' Street removed. 26. THAT PRIOR TO THE CITY'S ACCEPTANCE OF THE HEARTLAND HEIGHTS FIRST ADDITION FINAL PLAT, the Owner shall remove the existing septic system for existing Lot 2, Winifreds First Addition to Linn County, Iowa, which is located on proposed Lot 1 of this Heartland Heights preliminary plat. The property owner of Lot 2, Winifreds First Addition to Linn County, Iowa shall have paid the appropriate sanitary sewer connection fee to the City, and they shall be connected to the City's sanitary sewer system prior to the disconnection and removal of their septic system from proposed Lot 1, Heartland Heights Addition. The Owner shall coordinate this process and work with the property owners of Lot 2, Winifreds First Addition to Linn County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA, that this Council concurs in the action of the Fairfax Planning and Zoning Board, and agrees to this modified list of conditions. BE IT FURTHER RESOLVED that said Preliminary Plat for Heartland Heights Subdivision, recommended for approval by Hall and Hall Engineers, Inc., signed and dated May 27, 2016, is hereby approved. Passed and approved by the Fairfax City Council on the 31 st day of May, 2016. AYES: Beer, Daly, Kell, and Wainwright NAYS: None ABSENT: Volk Marianne Wainwright, Ma Pro Tempore ATTEST: e0eoeeettor�go xe� ody Cyn is K. Stimson, City Clerk/Treasurer = ,,• o Preliminary Conditions to the Heartland Heights Preliminary Plat in the City of Fairfax, Linn County, Iowa: (May 31, 2016) 1. The sidewalks located within this development shall be a minimum of 5 feet wide. 2. The Owner shall be responsible for maintaining or providing for a minimum of four(4) inches of topsoil in all developed areas that are not built upon or hard surfaces. 3. The Owner shall install storm water quality facilities upstream of the proposed storm water detention ponds. 4. The Owner shall develop this subdivision in compliance with the provisions of the City's Flood Plain Regulations(Chapter 160 of the City's Code of Ordinances), and the Cedar Rapids Metropolitan Area Design Standards and Specifications. 5. Access to 801h Street shall be restricted to a minimum spacing of 600 feet between all streets and/or commercial entryways. No residential lots shall have direct access to 80th Street. 6. Commercial Lots 1 and 302 shall be restricted to a shared access to Beverly Road directly across from Applewood Drive. No Residential Lots sha►I have direct access to Beverly Road. 7. Beverly Road shall be constructed as a 28-foot wide (BOC to BOC) street, except for the portion of this street located between Applewood Drive and 80th Street, which shall be constructed with a left turn lane. Beverly Road shall be constructed with the proposed trail, sidewalk, and water main facilities located to accommodate future street widening to 37 feet (BOC to BOC), and to accommodate the right-of-way grading for the future 37-foot wide Beverly Road. 8. The Heartland Heights Second Addition Improvements shall include the construction of Beverly Road from the end of this street (as installed with the Heartland Heights First Addition) through the intersection of Heartland Street. 9. The Owner shall dedicate Outlot's A, H, I,J, and K to the City for the purpose of Public Streets R.O.W. 10. The Owner shall dedicate Outlot's C, D, and E to the City for the purpose of storm water management, storm water quality, and storm water conveyance. 11. The Owner shall sell Outlot's B, F, and G to the City of Fairfax for the purpose of public open space and/ or public facilities, if and when determined necessary by the City. The Owner shall sell these parcels to the City at a reduced price of 75%of the price that the surrounding, similar developed lots are being sold for at the time of the purchase. 12. The Owner shall install the trail along Beverly Road as part of the improvements. The City shall reimburse the Owner for 50%of the granular subbase and paving costs for this trail. 13. The Owner shall install the trail that runs from the south side of this development to the north side of this development, along the east side of the two storm water detention ponds and to the northeast development limits. The City shall reimburse the Owner for 50%of the granular subbase and paving costs for this trail. 14. The Owner shall install the paved,widened sidewalks that are located between the lots and connect the streets/sidewalks to the trail system. The City shall reimburse the Owner for 50%of the granular subbase and paving costs for these widened sidewalks. 15. The Owner shall install the remaining trail located along the south,west and north sides of the two storm water detention ponds. The City shall reimburse the Owner for 100%of the granular subbase and paving costs for this trail. 16. The proposed storm water management facilities are anticipated to be designed to retain storm water run-off for more developed land than is located within the proposed Heartland Heights subdivision. The City shall reimburse the Owner for the excess area provided with these storm water detention ponds which is beyond the area required from these ponds to detain the storm water run-off from just the Heartland Heights development. The City shall reimburse the Owner for the cost of the land (cost per acre) at the price which the Developer has acquired this property. Payments shall be adjusted annually(beginning in January of 2017) based on inflation index benchmark, the Consumer Price Index (CPI) established in January each calendar year. Said adjustments shall apply to payments made during the calendar year. 17. To assist with the costs to the Owner to construct the oversized storm water detention ponds,the City shall waive the $400 per acre storm water fee,which is due at the time of final platting. 18. The Owner shall pay the City sanitary sewer and water main connection fees based upon the costs of extending these facilities to the development. These fees shall be paid to the City at the time that a building permit is obtained for each lot, or when a developed vacant lot is initially sold by the Owner,whichever occurs first. 19. If the Owner participates in the installation of the sanitary sewer facilities through the Heartland Heights development which will serve property beyond this development, then the City will either reimburse the Owner for the direct costs of installing these sanitary sewer facilities which do not benefit the Heartland Heights Subdivision, or the City will reduce the Owners' sanitary sewer connection fees proportionately. 20. The Owner shall participate in the costs associated with improvements that will be required to 80th Street as a result of this development. The improvements to 80th Street extend from the north edge of Highway 151 to the northerly most property line of this development, and include intersection improvements with Beverly Road. These improvements, including construction, design, and administration costs are anticipated to be $4,000,000(in 2016 dollars). The Owner shall pay the City$2,100 per acre,which shall be used towards improvements on 80th Street as the traffic volumes dictate the needs for these improvements. These fees shall be established for the lot layout per this approved preliminary plat,with the fees(in 2016 dollars) as follows: ➢ Commercial lots at$5,600.00 per Lot; ➢ Single Family Residential lots at$1,400.00 per Lot; ➢ Multi-Family Residential lots at$2,300.00 per Lot These fees shall be paid at the time that a building permit is obtained for each lot, or when a developed vacant lot is initially sold by the Owner,whichever occurs first. Payments shall be adjusted annually(beginning in January of 2017) based on inflation index benchmark, the Consumer Price Index(CPI) established in January each calendar year. Said adjustments shall apply to payments made during the calendar year. The City anticipates that the 80th Street improvements will not be necessary for at least 5 years,therefore the City will allow the Owner to withhold payments for each lot until the earlier of September 1, 2021, or the sale of half(1/2) of the Heartland Heights Development,at which time the Owner shall pay the City for all lots built upon or sold since the beginning of this development,with the appropriate adjustments due to inflation. No further final plats shall be considered by the City after September 1, 2021 until this balance is paid in full. Each payment will be based on the fee for the year in which that particular lot obtained a building permit or was sold. The Owner shall provide copies of the deeds to the City within 5 business days after closing on all lots that have been sold, but a building permit has not been issued. The City shall apply for Local Development Rise Funds for the 80th Street Improvement Project(s), which may be available because of the proposed commercial properties within the Heartland Heights Development. If the 80th Street Improvement Project(s) receives a RISE grant,the money from the Rise Grant shall be considered for the entire Heartland Heights development, and shall be used to offset the Project(s) cost proportionately to the City and the Owner. The City shall reimburse the Owner the Owner's portion of the RISE Grant money for the lots previously sold or built upon, and the City shall reduce the Owners participation fees for the remaining Lots within the Heartland Heights development that have not been sold or built upon at the time that the 80th Street RISE Grant Improvement Project is completed. The Owner shall not pay more than the$2,100(in 2016 dollars) per acre for the entire development. If the total 80th Street Improvement Project(s) (which includes the design, construction and administration of the improvements to 80th Street from the north side of Highway 151 to the northerly most boundary of the Heartland Heights development, including the Beverly Road intersection)are less than $4,000,000 (in 2016 dollars),then the City shall do the following: ➢ Reimburse the individual lot owners(the current property owners of each individual lot at the time of this reimbursement)their proportionate share of the overall 80th Street Improvement Project cost saving that came in less than $4,000,000 (in 2016 dollars). ➢ Reduce the Owners participation fees for each remaining lot within the Heartland Heights development that has not been sold or built upon by a proportionate share of the overall 80th Street Improvement Project cost savings that came in less than $4,000,000 (in 2016 dollars). 21. THAT PRIOR TO THE ISSUANCE OF A TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY for Lots located adjacent to storm water drainage facilities,the Owner shall provide certification by a civil engineer licensed in the State of Iowa verifying that the runoff from the 100-year storm event can be conveyed through the adjacent storm water drainage facilities on the property without damage to the building structures. 22. THAT PRIOR TO THE ISSUANCE OF A TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY for Lots located within or adjacent to 100-year flood plain boundary,the Owner shall provide certification by a civil engineer licensed in the State of Iowa verifying that the building structure on this property is at least 1.0 feet above the 100-year flood plain elevation at this location. The Owner shall provide the 100-year flood plain elevations established by a civil engineer licensed in the State of Iowa. 23. THAT PRIOR TO THE CITY'S ACCEPTANCE OF OUTLOT C(BASIN 1)AND OUTLOT D (BASIN 2),the pond located on each of these Outlots shall be completely filled per the approved design, and the Owner shall provide the City with certification from an engineer licensed in the State of Iowa that these ponds have been constructed per the approved design and plan of improvements. 24. THAT PRIOR TO THE CITY'S ACCEPTANCE OF OUTLOT C(BASIN 1),the Owner shall acquire a storm water drainage easement on the adjacent property located directly south of the proposed Storm Water Detention Basin No. 1 (Outlot C)for the purpose of identifying and protecting property(and future development)from storm water drainage and storm water overflows from this detention basin. If the property owner does not agree to this easement, the Owner will establish the area for this easement and prepare an easement exhibit, and the City will require the future development on this property to establish this easement as part of that development. 25. THAT PRIOR TO THE CITY'S ACCEPTANCE OF THE HEARTLAND HEIGHTS FIRST ADDITION FINAL PLAT,the Owner shall have the existing field entrance located between proposed Lot 1 and 80th Street removed. 26. THAT PRIOR TO THE CITY'S ACCEPTANCE OF THE HEARTLAND HEIGHTS FIRST ADDITION FINAL PLAT,the Owner shall remove the existing septic system for existing Lot 2, Winifreds First Addition to Linn County, Iowa,which is located on proposed Lot 1 of this Heartland Heights preliminary plat. The property owner of Lot 2, Winifreds First Addition to Linn County, Iowa shall have paid the appropriate sanitary sewer connection fee to the City,and they shall be connected to the City's sanitary sewer system prior to the disconnection and removal of their septic system from proposed Lot 1, Heartland Heights Addition. The Owner shall coordinate this process and work with the property owners of Lot 2,Winifreds First Addition to Linn County, Iowa. Heartland Heights Subdivision in the City of Fairfax, Linn County, Iowa PRELIMINARY PLAT ACCEPTANCE OF CONDITIONS Resolution No. I/We hereby agree to the terms and conditions set out in the foregoing Resolution for the Heartland Heights Preliminary Plat, and specifically agree to protect, defend, and hold the City of Fairfax harmless from any and all damages or claims or claims for damages that might arise or accrue by reason of the granting of the petition and the passage of this resolution. These Conditions shall be binding upon the parties hereto and their heirs, successors, and assigns, and the sale by the Owner of all or any part of the Heartland Height Subdivision, shall transfer obligations of the Owner to the successor in interest. GORDON C. SEVIG By Owner) SHIRLEY A. SEVIG (( r> A h�? , f (Owner) BRUCE G. SEVIG By (Owner) `fir 6 f ' 1 3F `Q ,56 SF I 5. F-t . t.�i �t R t 5 kk it I 77 1 0. 28 AC F 1 e e 5 3 p� ti � F M 78 a 0.28 AC 86 27 508 SF .o. }'. -0-: ii,, t '4 5 IL JA QL Li 2 @ • l _ ,9 1 0 I Z2 SF 0 . 26 A, C i; 0 s it1 g Al 286 SF t t I � �. .� 0 __ AC a , u � fi r 4 s P y 1 Ale ;' 4 3RT r h. \"v � All v a ' V� Ly rw 1 `.�. H 7 L } w w „wv m 5 S �"S } 4 r`F� c t � s � ATO s Ilk t � F a _ A 3 t yf �, er pt i l N�