HomeMy WebLinkAboutA002 - Council Action Form dated October 9, 2007 i
ITEM # ,30
DATE 10/09/07
COUNCIL ACTION FORM
SUBJECT: WAIVER OF SUBDIVISION REQUIREMENTS FOR A PROPOSED
PROPERTY LINE ADJUSTMENT BETWEEN TWO PROPERTIES ON
TIMBER ROAD
BACKGROUND:
The City Council has two Council Actions Forms regarding rural subdivisions on its agenda.
Both proposals are property line adjustments, without additional buildable lots being
created. The other case file involves two properties on Zumwalt Station Road in which the
applicant has requested that the City Council waive your subdivision authority.
In this case, the property owner's representative originally requested a waiver of
infrastructure and other urban subdivision requirements. That requestwas referred to staff
on September 18. Although it has been past practice to obtain a Covenant for Assessment
of Costs of Improvements and a Covenant Pertaining to Water Service in situations in
which the property owners request a waiver of urban infrastructure from City Council, the
property owners subsequently indicated that they do not wish to sign the covenants (see
attached e-mail dated October 5, 2007).
The subject properties are located east of Timber Road, south of 276"'Street, and north of
280t' Street (see attached map). The applicant wishes to build a specific house plan on
the smaller of the two lots, and wishes to adjust the property line to accommodate the
setback requirements of Story County. The applicant is the property owner of both
properties. The properties are outside the City's corporate limits in Story County within the
two-mile jurisdiction of the City of Ames. The proposed home site is currently 1.03 acres in
size, and with the property line adjustment it becomes 1.17 acres in size.
Chapter 354 of the Code of Iowa includes provisions for the division and subdivision of
land. Section 354.9 addresses the"Review of subdivision plats within two miles of a city."
Subsection two (2) includes the following provision:
Section 354.9(2). "...Either the city or county may, by resolution, waive its
right to review the subdivision or waive the requirements of any of its
standards, or conditions for approval of subdivisions, and certify the
resolution which shall be recorded with the plat."
Chapter 23 of the Municipal Code includes provisions for the subdivision of land in Ames
and within two (2) miles of the corporate limits. Section 23.103 addresses
"Waiver/Modification." Subsection (1) reads as follows:
Section 23.103 (1). "Where, in the case of a particular subdivision, it can be
shown that strict compliance with the requirements of the Regulations would
result in extraordinary hardship to the Applicant or would prove inconsistent
with the purpose of the Regulations because of unusual topography or other
conditions, the City Council may modify or waive the requirements of the
Regulations so that substantial justice may be done and the public interest
secured provided, however, that such modification or waiver shall not have
the effect of nullifying the intent and purpose of the Regulations. In no case
shall any modification or waiver be more than necessary to eliminate the
hardship or conform to the purpose of the Regulations. In so granting a
modification or waiver, the City Council may impose such additional
conditions as are necessary to secure substantially the objectives of the
requirements so modified or waived."
The properties are located to the south of the City in Story County, outside the current City
of Ames corporate limits. The subject properties are not located within the "Priority
Transitional Residential' area of the City of Ames. However, the properties are identified
on the Ames Urban Fringe Plan as being Rural Residential and Natural Areas. The Urban
Fringe Plan identifies nine policies for Rural Residential as follows:
RR Policy 1: This land use designation includes all single-family residential
land uses/developments that involve maximum average net densities of one
unit per acre.
RR Policy 2: Full urban infrastructure standards are not required...
RR Policy 3: Decentralized wastewater treatment facilities and wells shall
meet IDNR, county, and city standards...
RR Policy 4: Encourage clustering of residential sites within these land areas
to limit the short-term and long-term costs associated with infrastructure
improvements and the distribution of public services...
RR Policy 5: Make provisions to protect environmental resources,
environmentally sensitive areas, and adjacent Natural Areas...
RR Policy 6: Mitigate and manage stormwater run-off, soil erosion, and
wastewater discharge from Rural Residential land uses according to IDNR
and county standards...
RR Policy 7: Protect the rural character of the Rural Service and Agricultural
Conservation Area through residential density requirements, buffering
requirements between conflicting land uses and other appropriate transitions
from urban to rural areas.
RR Policy 8: Limit rural residential development on prime agricultural land.
Assure that the development on prime agricultural land is farm-related and
has adequate access to road systems and potable water. Development
should not interfere with agricultural-related activities...
RR Policy 9: Minimize the impact of non-agriculture development in rural
areas on existing agricultural operations...
2
The properties are located in an area that the City of Ames does not anticipate growing into
in the foreseeable future and no new buildable lots are being proposed. The properties,as
previously stated in this report, are designated Rural Residential in the Urban Fringe Plan
and urban standards are not anticipated or required for these properties. Further, the
property owners could build on the smaller of the two properties now without approaching
the City of Ames. However, their specific house plan cannot fit on the lot and still conform
to Story County setbacks.
Although staff anticipated the potential requirement of the Covenant for Assessment of
Costs of Improvements and the Covenant Pertaining to Water Service when a waiver from
the requirement for public infrastructure and other urban subdivision improvements is
granted, the applicants do not wish to sign the covenants for the reasons outlined in the
property owner's e-mail and within this Council Action Form.
This case file is similar to the Zumwalt Station Road case file, also on this agenda, in that
new buildable lots are not being created and they are both property line adjustments.
Considering the similarity between the case files and that the recommendation is to waive
subdivision authority in the Zumwalt Station Road case file, staff considers that the same
should be done in this situation even though it varies from the property owner's waiver
request.
Staff recommends that the following stipulation be placed upon the approval of the waiver
of subdivision authority.
• The platting requirements of Story County will need to be met and a copy of the
recorded Plat of Survey shall be delivered to the Ames City Clerk for our records.
ALTERNATIVES:
1. The City Council can grant a waiver of subdivision authority for the proposed
property line adjustment on Timber Road, in Story County with the stipulation
described above.
2. The City Council can deny the request of a waiver of subdivision authority for the
proposed property line adjustment on Timber Road, in Story County.
3. The City Council can refer this request back to staff and/or the applicant for
additional information.
MANAGER'S RECOMMENDED ACTION:
The location of this property makes it very unlikely that the land will be annexed in the near
future. Additional buildable lots are not being proposed or created. The properties are
designated in the Urban Fringe Plan as Rural Residential, which is consistent with this
request. Further, the acreage change is minimal at 0.14 acres. Although the staff did
anticipate the requirement for the covenants, they do not appear warranted with this
minimal property line adjustment. Lastly, this case file is similar to the other case file on
Zumwalt Station Road, also on this agenda.
3
Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative #1, granting a waiver of subdivision authority for the proposed property line
adjustment on Timber Road, in Story County, with the stipulation noted above.
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Location Map
Timber Road Property Line Adjustment
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AMES
0 195 390 780 KELLEY
Feet
"Carolyn Thomson" To <sperkins@city.ames.ia.us>
<ckt@mchsi.com>
cc
10/05/2007 07:24 AM
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Subject letter
Seana,
We are not interested in signing the covenants.
The reasons are that the location of the property is so far from Ames and that we are only asking for a lot
extension taken from the rest of the property we own.
Thank you.
John and Carolyn Thomson
SKETCH PLAN
LOT 1, FINCH ' S SECOND SUB.
SW 114 SEC . 35-83-24
STORY COUNTY, IOWA
168.94' 218.91'
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` I 195.00'
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�f o LOT 2 LOT 5 l a
a` I 0 "
F o 0
WI I > N LOT 6 N
H169,00' 218.99'
1--
/ PRIVATE ROAD (50-)
301.00'
315.00'
LOT 1
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PARCEL J o o UNPLATTED LOT
0 1.17 ACRES TOTAL o n o
-0.03 ACRES ROAD
1.14 ACRES NET
i 315.00'
301.00'
i 5W A
ENE -2A
Pl OF 35 8
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OWNERS:
O JOHN U. & CAROLYN K. THOMSON
3602 DR.
o AMES, FIANHAM 50010
ti PH. 515-232-2225
p PROPERTY DESCRIPTION:
O LOT 1 IN FINCH'S SECOND SUBDIVISION, AND A NARROW STRIP
CU OF LAND ADJACENT TO SAID LOT 1, ALL IN THE SOUTHWEST
OUARTER OF SECTION 35-83-24, STORY COUNTY, IOWA.
LEGAL DESCRIPTION AND EXACT ACREAGE OF PARCEL TO
w BE DETERMINED BY SURVEY.
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O NOTES:
H 1. NO NEW UTILITIES ARE PROPOSED.= 2. NO NEW STREETS ARE PROPOSED. p�qEC EIVE
a 3. PROPERTY IS SERVICED BY A PRIVATE
SEPTIC SYSTEM AND BY RURAL WATER,
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TELEPHONE AND ELECTRICAL LINES AUG 3 1 2007
ALONG TIMBER ROAD.
STUM80 & ASSOCIATES LAND SURVEYING DEPT.OF PLANNING&HOUSING
510 S. 17TH ST. SUITE 102
AMES, IA 50010
PH. 515-233-3689
Job #15948SP Date: 8/31/07 Page 1 of 1
-GTUMBO AND ASSOCIATES LAND SURVEYING
510 S . 17TH ST. / P. O . BOX 1664
AMES , IA 50010
PHONE : ( 515 ) 2 3 3 - 3 6 8 9 FAX : ( 51 5 ) 2 3 3 - 4 4 0 3
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September 10, 2007 rSEP
Mayor Campbell and City Council Members 1 1 2001
515 Clark Ave.
Ames, IA 50010 CITY CLERK
CnY Of AMES,IOWA
Dear Mayor and-Council Members:
On behalf of property owners John and Kay Thomson I am requesting that the City of
Ames grant a waiver of the requirement for public infrastructure and other subdivision
improvements for the property that is shown on the Sketch Plan accompanying this letter.
The property is located in the Southwest Quarter of Section 35-82-24 in Story County and is
within the two-mile jurisdictional limit of the City of Ames. The property will be serviced
by a private septic system and by rural water, telephone and electrical lines located along
Timber Road. Thank you for your attention to this matter.
Sincerely,
Brad Larson
Stumbo and Associates Land Surveying