HomeMy WebLinkAbout~Master - Developer's Agreement for Birdhaven Subdivision RESOLUTION NO. 06-238
RESOLUTION APPROVING DEVELOPER'S AGREEMENT
FOR BIRDHAVEN SUBDIVISION
FOR THE CITY OF AMES,IOWA
WHEREAS, in September 2004,the City Council received a request from the developer to waive its
subdivision authority over his proposed residential subdivision in Boone County that is within the two-mile
jurisdiction of the City's corporate limits; and,
WHEREAS, lacking any other policy direction at the time, staff relied on the draft Fringe Area Plan
that designated the proposed area as "Agricultural" to offer a recommendation in denying the proposed
subdivision; and,
WHEREAS, after further discussion, on August 16, 2005,the Council took action to change the site
of the proposed Birdhaven Subdivision in the draft Fringe Area Plan from"Agricultural"to"Rural Transitional
Residential"; and,
WHEREAS,with this new policy direction, staff changed its recommendation to support the waiver
of the City's subdivision authority over the proposed development with the following stipulations:
1. That the City ofAmes not require the construction ofpublic infrastructure to City standards at this time.
2. That the property owners waive their rights to object to future assessments for public improvements,
including,but not limited to, street paving,bicycle paths, sidewalks, sanitary sewer, and water.
3. That the property owners agree to pay any and all costs related to disconnection of the rural water
facilities(currently Xenia Rural Water District)at the time land in this proposed subdivision is annexed
into the City of Ames.
4. That the street right-of-way be widened from 50 to 55 feet, if requested by the City of Ames.
5. That the width of the street paving be a minimum of 20 feet wide at the time of construction,with the
capability to widen to 24 feet.
6. That the street easement extend to the east and south property lines,and that all proposed lots abut this
street easement.
7. That the City Council not waive its authority until the Final Plat approved by Boone County is reviewed
for consistency with the Developer's Agreement.
8. Any other conditions,as determined by City staff, and approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the
developer's agreement for Birdhaven Subdivision is hereby approved, subject to the aforementioned
stipulations.
ADOPTED THIS 13th day of June,2006.
_Diane R. Voss,City Clerk Ann H. Campbell,M yor
Introduced by: Goodman
Seconded by: Rice
Voting aye: Doll, Goodman,Popken,Rice
Voting nay: None Absent: Goodhue,Mahayni
Resolution declared adopted and signed by the Mayor this 13'day of June,2006.