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HomeMy WebLinkAbout~Master - Waiver of subdivision regulations for 3184 Stagecoach Road RESOLUTION NO.08-463 RESOLUTION APPROVING REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS FOR PROPERTY LOCATED AT 3184 STAGECOACH ROAD FOR THE CITY OF AMES WHEREAS, two Ames families intend to subdivide property at 3184 Stagecoach Road located in the unincorporated area east of Ames on the east side of the Skunk River valley(and located within the City's two- mile jurisdiction); and, WHEREAS,the purpose is to sell one lot with an existing residence and to build two more residences on the other lots, and all of the lots will be over one acre in size; and, WHEREAS,on October 3,2008,the applicants requested that the Council waive the City's subdivision public improvement requirements as described in Article IV of Chapter 23,Municipal Code; and, WHEREAS, since that time, the applicant and City staff have learned that Story County may require creation of two additional parcels and their dedication to Story County, and this would result in a subdivision creating five parcels, in which case Ames' Municipal Code requires a Major Subdivision; and, WHEREAS,the Ames Municipal Code provides for the City Council waiving subdivision requirements when those requirements would result in an extraordinary hardship to the applicant or due to conditions that would be inconsistent with the purpose of the subdivision regulations; and, WHEREAS,the Code allows the Council to impose conditions on any waiver in order to make sure that the objectives of the regulations are being carried out; and, WHEREAS, although it is not a policy stated in the Ames Urban Fringe Plan for rural residential land uses, in several similar cases the City Council has asked for covenants binding property owners and future property owners to waive rights to protest future assessments for public improvements, and binding property owners and future property owners to pay the full cost of abandoning rural water systems in the future; and, WHEREAS,the property owners signed the covenants following the form provided by the City of Ames. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,that the request to waive public improvement requirements the Major Subdivision requirement as described in the Municipal Code for the proposed subdivision of property located at 3184 Stagecoach Road is hereby approved, subject to the signed covenants submitted by the applicants that are binding on future property owners, include: a) an agreement waiving their rights to obj ect to future assessments for public improvements;b)an agreement that they are responsible for the costs associated with buying out the rural water and sewer systems at the time of any future annexation; and, c) an agreement to annex the property to the City of Ames in the future under certain circumstances. ADOPTED THIS 28t1i day of October,2008. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Mahayni Seconded by: Goodman Voting aye: Doll, Goodman,Larson,Mahayni,Popken,Rice Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 28t1i day of October,2008.