Loading...
HomeMy WebLinkAboutA004 - Council Action Form dated November 12, 1996 1 ITEM#: DATE: 11/12/96 COUNCIL ACTION FORM SUBJECT: RESOLUTION PROPOSING TO IMPLEMENT LAND USE MANAGEMENT AUTHORITY IN BOONE COUNTY. ACTION FORM SUMMARY: Recently, City Staff has become aware of two development proposals in Boone County that are within two miles of the existing city limits. These development proposals involve the creation of a significant number of lots that will noticeably change the land use pattern in the area. Staff is recommending that the City Council implement land use management authority in the Cit 's two mile fringe area in Boone County. BACKGROUND: City staff has been made aware of a proposed subdivision of land in Boone County that involves the creation of 52 lots of approximately .50 acres to 1 .65 acre in size. Additionally, this same area contains a 10 acre parcel plus a 2 acre parcel that are proposed to be developed, as well. The location of this proposed subdivision is approximately one mile west of the Boone/Story County line on the north side of Lincoln Way, or one and one-quarter mile west of the existing City limits. Most of these lots will front on what appears to be public roads that are either existing, or will be created as part of the proposed subdivision. The method of water supply and waste water disposal is not indicated, but it is assumed that a series of individual wells and septic tanks will be proposed. Conversely, it is possible that water might be supplied via Xenia Rural Water District. The intended use of the property is not totally clear, but staff is aware that the 10 acre parcel has been purchased to be used as an area wide service center for a local utility company. The other lots are likely to be used for either commercial or residential uses, which is not clearly indicated. In addition to this proposed subdivision, staff is aware that a property owner who owns land immediately west of the Boone/Story County line on the north side of Lincoln Way is in the early design stages of developing approximately 64 acres. Staff is aware that this proposal involves the development of the property for single-family housing, apartment housing units, and an area for commercial land use. It is estimated that these 64 acres could support as many as 1 ,000 residents. (A copy of a map generally illustrating the location of these two development areas is attached for your review.) Staff has been in contact with the County Auditor from Boone County relative to the issues involving the subdivision of this property. In conversation with the Auditor, it was explained that two of the three Boone County Supervisors have indicated that they will not vote for County Zoning. This position from the two Supervisors occurred in a recent candidates forum as part of the election process in Boone County. The Auditor indicated that it did not appear likely that Boone County will have county zoning any time in the foreseeable future. As a result, development, as previously discussed, is occurring and will be occurring in the future without any land use management authority being exercised by Boone County or the City of Ames. Staff does not believe that development this close to the city limits should occur without some form of development review and approval authority being decided upon by the City. There are three options, in addition to doing nothing, which would more effectively manage land development in this area of Boone County that is within two miles of the city limits. These include: 1 . Administer subdivision authority. 2. Administer subdivision and zoning authority. 3. Annexation (voluntary and involuntary) Subdivision Authority. This option involves the authority of the City to regulate the division of land as provided for in State and local law. The effect of the City regulating subdivision would enable the City to: • Insure orderly provision of infrastructure, including water distribution, waste water collection, storm water management, including a plan for needed easements. • Insure that infrastructure is installed to the standards of the City. • Insure orderly planning for streets and safe connection to, and extensions of existing streets. • Insure that all lots created are provided a safe access to an appropriate street. • Insure that lots that are created abut existing and planned streets, and that lots are of a size and shape that enable orderly building potential. 2 Subdivision authority, in general, regulates how land is divided and does not determine the use of land. Subdivision authority would include a review by the Planning and Zoning Commission, and an approval by City Council and the Boone County Supervisors. The City Council should understand that even when the City would adopt subdivision authority, there is a potential that single lot divisions could occur in succession such that the intended benefit from having subdivision authority might be compromised. Therefore, in the near future, the City Council will again be asked to modify the Subdivsion Ordinance to prevent this type of circumvention of the intent of the law. The use of subdivision authority by the City does not involve any changes to the membership of the Planning and Zoning Commission, or the Zoning Board of Adjustment. The means by which the City Council can obtain subdivision authority in Boone County, is to amend the existing subdivision regulations of the City by describing the area of Boone County that would be governed by the subdivision authority of the City, and then recorded in the Boone County Recorders office and filed with the Boone County Auditor. Since two areas of development located near the existing City limits appear eminent, the City Attorney has prepared a proposed amendment to the current subdivision regulation of the City that enables the City to obtain authority to regulate subdivisions in Boone County. A copy of this proposed amendment is attached to this action form for review by the City Council. In general, exercising subdivision approval authority is more effective than doing nothing, but does not have the same effectiveness as regulating subdivision and zoning, or annexing the area. Subdivision and Zoning. This option involves the use of both of the traditional land use management tools that cities have. All of the provisions and authority that has been previously discussed under subdivision would apply with this option, as well as the authority that exists with zoning. By including the authority with zoning, the City would also be able to regulate the use of land by establishing zoning districts for the area of Boone County that is within two miles of the city limits. These zoning districts might include agricultural districts, residential districts, commercial districts, and industrial districts, depending upon the appropriate existing and future use of the land. The creation of the districts would occur much the same way the zoning districts are created within the City, which includes a public hearing and the adoption of an ordinance to create zoning ordinances for the are. 3 Additionally, the use of zoning authority in the County also requires that the Planning and Zoning Commission and Zoning Board of Adjustment be increased in size by two members, who are appointed by the Boone County Supervisors and are residents of the area that is governed by the zoning regulations. These members have the same voting authority as all other Commission and Board Members. Some time ago the staff requested that the City Attorney give advice on the steps necessary to implement subdivision and zoning authority in Boone County. A copy of the response from the City Attorney is attached for your review. The administration of zoning authority would include the responsibility to issue zoning permits and the enforcement of the regulations. It is entirely possible that this authority might have an implication on the existing staff resources of the City's Inspection Division, or the Department of Planning and Housing. It is not apparent how many zoning permits and inspections would need to occur in a year, but it is equally apparent that staff resources from the existing staff, or additional staff, would have to be assigned to this responsibility to bring about effective administration of zoning regulations. This option accomplishes a more complete system of land use management in the area, but has complexities associated with expanding the Planning and Zoning Commission and the Board of Adjustment, as well as the need to assign staff resources to the responsibility to administer effective zoning enforcement. Annexation. This option represents the most complete and aggressive approach to managing the development that occurs in the two mile area of Boone County. Stated simply, this option involves the annexation of an area determined by the City to be of suitable size and location, to enable the complete management of all aspects of land development by bringing the area under the jurisdiction of the City. In all likelihood, this option would involve the use of involuntary annexation authority. This process is complex and involves notice and public hearing(s), plus involvement from the Boone County Supervisors, the City Council and the City Development Board in Des Moines. Critical issues that would need to be investigated include: • An analysis to determine what area would be annexed. • An analysis to determine what the existing land use pattern is. • An analysis to determine what the future land use pattern should be. • An analysis to determine the capability to provide typical city infrastructure, and other city facilities and services, including Police and Fire protection, transit service, and park and recreation services. 4 • An analysis to determine the financial impact of a potential annexation, including projected capital investments, operational expenditures, and potential tax and rate revenues. This option represents the most complete and potentially effective method to manage development of the area that is currently in the Boone County fringe. Do Nothing Option. As this implies, this option would continue the current condition where development would occur without any review and approval authority by the City. Additionally, since it does not seem likely that Boone County will adopt any zoning authority in the County in the foreseeable future, development is occurring without approval by any jurisdiction of any kind. If neither Boone County nor the City of Ames were to exercise zoning and subdivision authority, the development pattern could result in highly incompatible land uses, haphazard street layout and access to streets, and extreme difficulty in the future with respect to installing needed infrastructure, including water and sewer. Land Use Policy Plan Guidance. In reviewing both the 1988 Land Use Policy Plan and the 1996 Land Use Policy Plan, neither plan indicated that urban development should be provided for in this area of Boone County. The 1988 Land Use Policy Plan indicated a Municipal Urban Service boundary that approximates the Boone County line. This service boundary indicates that the extension of water mains, sanitary sewer mains, storm sewer facilities, and other infrastructure should not extend beyond this urban service boundary without thorough consideration and justification. The 1996 Land Use Policy Plan indicates that the boundary of the Boone County line represents a constraint which guided the designation of the southwest growth priority to extend to, but not cross the county line. Because of this, additional area north and south of U.S. Highway 30 were included in the southwest growth priority area. Only a small area on the future land use map has been included within the future urbanized area that should become the city of Ames. This area is immediately adjacent to Lincoln Way and incorporates much of the existing commercial development that is immediately west of the County line adjacent to Lincoln Way. As a result, the existing and pending Land Use Policy Plan of the City for this area indicates that the land use should remain agricultural, except for the existing non-agricultural uses. Therefore, if the City were to implement zoning authority or annex this fringe area in Boone County, no further urban development would occur. 5 Also, the 1996 Land Use Policy Plan indicates that the City of Ames should consider enacting an inter-local (28-E) agreement with Boone County to more effectively ensure the implementation of the City's planning objectives in this area. This technique of inter-local agreements assumed that Boone County would adopt a system of zoning regulation that would assist the City in accomplishing the City's plan objectives. Since this is not occurring, this option is not being considered further. STAFF COMMENTS: Staff believes that continued development is likely to occur in this area of Boone County. This seems especially likely with the advent of Xenia Rural Water service, which will be available in the near future. Because of this, the potential for haphazard fringe development is very real and will become increasingly problematic in the future as more development occurs, and the City itself continues to extend westward to the County line. To create a more effective method of managing the development of land in this area of the City's fringe, staff believe that the implementation of some method of land use regulation is necessary. ALTERNATIVES: 1 . The City Council can decide to implement subdivision authority in the two mile area of Boone County, and direct the City Attorney to make the necessary amendments to the City's subdivision regulations to accomplish this. 2. The City Council can decide to implement subdivision authority and research the implementation of zoning authority. Further, City Council can direct the staff to begin the planning analysis to determine the appropriate framework for zoning to implement the Land Use Plan objectives for this area, and direct the City Attorney to prepare the necessary amendments to the City's zoning ordinance and subdivision regulations to accomplish this. 3. The City Council can decide to pursue the annexation of an area of Boone County that will more effectively enable the City to completely manage the future development of this area of what would become the City. This alternative would involve the analysis of the impacts of annexation of this area into the City, as described in this report. 4. The City Council can decide to not pursue any method of land use management authority, which would continue the current pattern of development without any approval of any kind from the City or Boone County. 5. The City Council can refer this issue back to staff for further information. 6 RECOMMENDED ACTION: This issue is very complex and difficult. The likelihood of future development continuing in this area of Boone County seems apparent. Future development without the approval of the City is not in the best near and long term interest of the City. We only have to recall the difficulties encountered with the ultimate annexation of the Southdale area to fully appreciate the problems facing the City in the future. This issue is made more difficult because of the apparent position from the Boone County Supervisors to not adopt applicable zoning regulations for this area. Because of this situation, the City Manager recommends Alternative #2. Since the development of the two areas as previously mentioned in this report seems eminent, the City Manager further recommends that the City Council take immediate action to adopt the amendment to the existing subdivision regulations of the City to obtain authority for subdivision approval in Boone County. The proposed amendment to the existing subdivision regulation is attached. Ideally, this item would have first been forwarded to the Planning and Zoning Commission for their review and recommendation, but given the immediacy of the development in Boone County, the City Manager believes that the City Council should suspend the rules and adopt the amendment to the subdivision regulations on all three readings. Additionally, the City Manager recommends that the City Council direct that staff research the steps necessary for the City to adopt zoning regulations for this area of Boone County. This research should include the following items: • Research of other cities that regulate extra-territorial zoning. • Analysis of existing and future land use in the area. • Framework for district regulations in the area. • Analysis of potential staff resource implications associated with extra-territorial zoning administration. Attachment h\bpo\caf\boone.n 12 7