HomeMy WebLinkAbout2005-09-19-Resolutions 05-177_Shottenkirk Chevrolet Franchise - Development Agr - Tenth MileTHE CITY OF WAUKEE,row A
RESOLUTION 05-177 I
APPROVING THE DEVELOPMENT AGREEMENT
WITH THE TENTH MILE,L.L.C.FOR A
SHOTTENKIRK-WAUICEE,INC.CHEVROLET FRANCHISE
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee proposes to enter into an agreement with The Tenth
Mile,L.L.c.,franchise owners of Shottenkirk -Waukee,Inc.Chevrolet;AND,
WHEREAS,this Development Agreement as attached is supported by staff,fair to and
supported by The Tenth Mile,L.L.c.and eventually beneficial for the City of Waukee.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in
session this 19th day of September 2005 that it hereby approves the Development
Agreement with The Tenth Mile,L.L.c.franchise owners of Shottenkirk -Waukee,Inc.
Chevrolet.
I
Attest:
er
ROLL CALL VOTE
Nicholas C.Gruber
Donald L.Bailey,JI.
Bill Peard
JeffV.Mertz
Darlene Stanton
AYE
X
X
X
X
NAY ABSENT
X
I
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement")is made and entered into
by and between The Tenth Mile,L.L.C.(the "Developer"),and the City of Waukee,
Iowa.WITNESSETH:
WHEREAS,pursuant to Ordinance No.2492,passed on October 4,2004,the City
Council of the City of Waukee rezoned from "M-IA"Limited Industrial District to "C-I"
Community and Highway Service Commercial District a certain parcel of real estate
legally described as follows:
Waukee Development,Plat I Parcel BLot 3
WHEREAS,under Ordinance No.2492,the rezoning of the subject property,
from "M-IA"to "C-I",was expressly subject to the condition,set forth in Section 3 of
the Ordinance as follows:
The property must be brought into compliance with current C-I standards
via an approved site plan within two years from the date of passage.A
building permit must also be issued within that two-year time frame.If
either of these items fails to occur the zoning will revert back to M-IA and
all commercial type activities must cease.
WHEREAS,the Developer now desires to enter an agreement with the City to
allow the Developer to undertake an interim project for construction of two new service
bays to the existing building and lighting,which new construction and installation of
lighting would add to the non-conformance of the subject property under the City's "C-I"
zoning and building standards.
WHEREAS,the City will agree to enter an agreement to allow the Developer to
construct the two new service bays,provided the Developer agrees to certain conditions,
as hereinafter set forth,relating to the potential reversion of the subject property to its
prior "M-1A"District classification if the subject property is not developed to "C-l"
District standards within certain time limits.
WHEREAS,the Developer is agreeable to enter this Agreement upon all of the
terms required by the City;NOW,THEREFORE,
IT IS AGREED BY THE PARTIES AS FOLLOWS:
I.The City agrees to allow the Developer to undertake an interim project for
construction of two new service bays to the existing building and lighting,which new
construction and installation of lighting would add to the non-conformance of the subject
property under the City's "C-l"zoning and building standards,but which use would only
be allowed for a temporary time period after which the Developer agrees to bring the
subject property into full compliance with all City zoning and building requirements and
standards.
2.The Developer agrees that the allowance of the new construction by the
City is for a temporary period only and that approval of such temporary use is not a
waiver by the City of the conditions of Section 3 of Ordinance No.2492.
3.There is presently pending before the Iowa Department of Transportation
a protest filed by Bob Brown Chevrolet,Inc.regarding the assignment of the Area of
Primary Responsibility for the Chevrolet franchise in the City of Waukee,Iowa,which is
the result of a Remand Order issued by the Iowa District Court for Polk County,Iowa in
a case captioned Bob Brown Chevrolet,Inc.vs.General Motors Corporation,et ai,Case
No.CV-VI-5469.The parties agree that the Developer is not in a position to commence
the final construction to conform to "C-I"District standards until the proceedings before
the Iowa Department of Transportation,including any current or future appeal thereof,is
finally decided as a result of a final unappealable order which conclusively determines
the Area of Primary Responsibility fOTa Shottenkirk -Waukee,Inc.Chevrolet franchise
dealership within the City of Waukee,Iowa.The date upon which the Area of Primary
Responsibility is finally determined for a Chevrolet franchise dealership within the City
of Waukee shall be for purposes of tins Agreement be referred to as the "APR
Determination Date".
4.The Developer further agrees and consents in advance to the passage of an
Ordinance amending Ordinance No.2492 by repealing the text of Section 3 thereof in its
entirety and by the substitution,in lieu thereof,of the following new Section 3:]
The rezoning of the subject property is expressly subject to the
following conditions:
a.On or before,October 4,2006,or within six months following the
APR Determination Date,whichever is later,the property owner
shall submit a site plan,and receive City site plan approval,for a
development project that complies with all "C-I"zoning and
Arterial Corridor Overlay District building standards.
b.On or before,October 4,2006,or within six months following the
APR Determination Date,whichever is later,the property owner
shall apply for and receive a building permit from the City for a
development proj ect that complies with all "C-I"zoning and
Arterial Corridor Overlay District building standards.
c.On or before October 4,2007,or within eighteen months following
the APR Determination Date,whichever is later,the property
owner shall apply for and receive a certificate of occupancy from
the City for a development project that complies with all "C-I"
zoning and Arterial Corridor Overlay District building standards.1
If the property owner fails to comply with any of the foregoing
conditions a,b or c,and if the property fails to obtain an extension of
the time for completion of any of said conditions from the City
Council on or before the end of the applicable time period,then the
zoning of the subject property shall immediately revert to its prior
classification of "M -lA,"without any further action by the City
Councilor any other City representative,and all uses of the subject
property that do not conform to the "M -lA"District regulations shall
be unlawful and shall cease.
5.The parties further agree that they will continue to work with each other to
reach supplemental agreements regarding the development of the subject property
IN WITNESS WHEREOF,this Agreement is made and executed this day
of September,2005.
THE TENTH MILE,L.L.C.
By:
Printed Name:
Title:
CITY OF WAUKEE,row A
By:
Tony Oberman,Mayor
Attest:
Mark J.Arentsen,City Clerk/Administrator