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HomeMy WebLinkAbout~Master - Waiver of subdivision regulations for 3634 West 190th Street RESOLUTION NO. 08-510 RESOLUTION APPROVING REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS FOR 3634 WEST 190TH STREET FOR THE CITY OF AMES WHEREAS,an Ames family intends to subdivide property at 3634 West 190`h Street,which is located north and east of the Squaw Valley Subdivision and within the City's two-mile jurisdiction; and, WHEREAS,the family's purpose is to sell an existing home and maintain ownership of the crop land; and, WHEREAS, the county zoning for the crop land is A-1, which requires that the lot be a minimum of 35 acres before a home can be built, and the zoning for the two lots that will be created is R-1, which allows single-family residential homes; and, WHEREAS, the applicant is requesting that the Council waive the subdivision public improvement requirements as described in the Municipal Code,as well as waiver of the Preliminary Plat requirement; and, WHEREAS,the Code provides for the City Council to waive subdivision requirements when it would result in an extraordinary hardship to the applicant, however, the Code also 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, current subdivision regulations require subdivisions to be served by sanitary sewer and water systems according to City plans and specifications, and when no City sewer collection system and water system are available at a development site, the developer must extend these; and, WHEREAS,current City policy and practice is to not extend connections between the City's utilities and land outside the city limits; and, WHEREAS,the nearest existing City sanitary sewer collection system and water system are about a mile to the southeast of the subject property, therefore, it can be concluded that these conditions present an extraordinary hardship to the applicants; and, WHEREAS, to meet City subdivision standards for public improvements in creating four lots,the applicants would need to extend City sanitary sewer and water mains at least a mile and to provide streets, storm sewers, sidewalks, and other public improvements to City standards, and annex the property into the City; and, WHEREAS,since the applicant proposes only one new buildable lot,an extension of services seems unreasonable at this time; and, WHEREAS, in several similar cases,the Council has asked for covenants binding property owners and future property owners to waive rights to protest future assessments for public improvements,waive rights to protest future annexation,and also binding current and future property owners to pay the full cost of abandoning rural water systems in the future. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the request for waiver of subdivision regulations for property located at 3634 West 190th Street is hereby approved,subject to the following: 1)a note be placed on the plat indicating that Outlot A is reserved for agricultural use only,or for future platting;and,2)signed covenants submitted by the applicant that is binding on future property owners include, a) an agreement waiving their rights to object 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 9t1i day of December, 2008. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Goodman Seconded by: Doll Voting aye: Doll, Goodman, Larson, Mahayni, Popken, Rice Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 9t'day of December, 2008.