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HomeMy WebLinkAbout~Master - Waiver of subdivision regulations for Acts Subdivision RESOLUTION NO.09-387 RESOLUTION APPROVING WAIVER OF SUBDIVISION REGULATIONS FOR IMPROVEMENTS TO ACTS SUBDIVISION,4001 LINCOLN WAY FOR THE CITY OF AMES WHEREAS,Habitat for Humanity is seeking approval of a minor subdivision plat for a parcel located at 4001 Lincoln Way, and this parcel would be split into two lots to allow construction of two single-family homes; and, WHEREAS,the current parcel sits at the intersection of a Lincoln Way frontage road and McDonald Drive, and the two new lots would have frontage on McDonald Drive; and, WHEREAS, staff has noted that the existing 25 feet of McDonald Drive right-of-way should be widened to 55 feet, and this 55-foot width is the minimum necessary for new streets created as part of subdivisions; and, WHEREAS, staff also noted that street trees, street lights, and sidewalks should be installed consistent with the requirements of the City's subdivision ordinance; and, WHEREAS,the applicant is requesting four waivers from these code requirements,and the Municipal Code includes a provision for waiving or modifying the requirements for subdivision improvements; and, WHEREAS, a waiver or modification of the regulations requires the Council to find that one of the two following criteria is met: 1) strict compliance with the requirements of the regulations would result in extraordinary hardship to the applicant; or, 2) it would prove inconsistent with the purpose of the regulations because of unusual topography or other conditions; and, WHEREAS, the parcel lies within an already-built environment, and has virtually all of the required infrastructure; and, WHEREAS, of those it lacks, alternatives are in place or proposed that will ensure that the intent of the subdivision improvement requirements is met; and, WHEREAS,the undersized right-of-way has existed since 1963 and has served the development of the area,including the later development of Westwood Villages; and, WHEREAS,for those infrastructure needs that do not meet the letter of the subdivision regulations,the applicant has provided evidence that seems compelling to allow approval of the waivers; and, WHEREAS,ifthe waivers are approved,the subdivision plat would then meet the requirements of the Municipal Code. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Ames, Iowa,that the request to waive the requirements for dedication of a 55-foot McDonald Drive right-of-way, installation of street trees, installation of street lights, and installation of the McDonald Drive sidewalk. ADOPTED THIS 11ffi day of August, 2009. C�A�I'R Cv 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 I lffi day of August,2009.