Pella Chronicle

January 25, 2013

Council approves final measures for Fountain Hills Plat 3

The Chronicle

Pella — During last week's regular meeting, the Pella City Council approved a resolution in regards to a Development Agreement for Final Plat for Fountain Hills Plat 3.

This resolution approves a development agreement with Larry E. and Rosemary De Vries for the final plat of Fountain Hills Plat 3. As background, this new subdivision includes 59.59 acres of land immediately adjacent the north and east sides of the existing Fountain Hills subdivision. Lots 1-9 are zoned R2 Two Family Residential. Lots 10-97 are zoned Rl Low Density Single Family Residential. The development agreement is needed to address the five proposed outlets A, B, C, D & E which do not meet the City's subdivision regulations. Listed below is a summary of the key points of the agreement:

Outlet A - This lot is intended to be dedicated to the City in the future to be utilized as a City park. Under the terms of this agreement no residential construction would be permitted on this lot. There will now be a separate approval process for dedicating this lot to the City.

Outlet B - This lot is unbuildable due to the lack of street frontage and flood zone and wetlands issues. As a result, no residential construction will be permitted on this lot.

Outlets C, D, and E - These lots are intended to be conveyed to specific existing lots of record Fountain Hills Subdivision Plat 2 to expand their existing lots.

Council also approved a related resolution for a Petition and Waiver for Future Roadway Improvements to County Road T14 (North Main Street) in the Vicinity of Fountain Hills Plat 3.

Since Fountain Hills Plat 3 fronts North Main Street, the City Code requires the developer to make improvements to the segment of North Main which abuts the Fountain Hills subdivision. These improvements include upgrading Main Street to City standards and installing the necessary storm water improvements. Since it is impractical to upgrade only one segment of North Main Street at this time, staff proposed a Petition and Waiver agreement with the developer.

Under the terms of the Petition and Waiver, the developer would not be required to make improvements to North Main Street as a part of the subdivision process for Fountain Hills Plat 3. However, under the terms of this agreement, the developer is waiving their rights to protest any future assessment of their pro-rata share of cost for an upgrade of North Main Street. By utilizing this approach, the City would be able to decide when it is appropriate to upgrade North Main Street to City standards and schedule a larger project area for the upgrade, which would maximize economies of scale and lower the cost for the project. In addition, if Council chooses to make special assessments for the project, the property owners of Fountain Hills Plat 3 have waived their right to protest the assessment.

With the final action of the evening relating to Fountain Hills Plat 3, council approved the final plat for the development.

This resolution also accepts and approves the dedication of all public right-of-way and public easements stated on the final plat for Fountain Hills Plat 3. The street infrastructure associated with this subdivision includes the extension of West 4th Street in the northwest portion of the subdivision; Clearview Circle which connects to West 4th Street; the northerly extension of West 3rd Street; Lakeview Drive which connects to Fountain View Drive and ultimately extends to North Main Street; Hillcrest Court which connects to Lakeview Drive; Evening Court which connects to Fountain View Drive; and the northerly extension of Broadway Street to Fountain View Drive.

In other action

Council approved Change Order No. 3 – Final and Accepting Work on the E. 3rd Street Sanitary Sewer Project. This resolution approves Change Order No. 3 - Final Quantities with TK Concrete for the E. 3rd Street Sanitary Sewer Project. This project involved improvements on E 3rd Street, between Peace and Independence, including: increasing existing sanitary sewer main from 12" to 21", replacement and additional storm sewer, installation of new 8" water main, new water and sanitary sewer services within the right-of-way, replacement of the street with 7" Portland Cement Concrete paving including both intersections, replacement of the 72" inch culvert for the street and 4' sidewalk replacement on both sides.

Change Order No. 3 – Final includes final quantity adjustments for the project. The total deduct to the contract for Change Order No. 3 is $12,503.39. Part of final quantity adjustments, the seeding and mulching was removed from this contract and will be bid locally for completion in the spring.