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HomeMy WebLinkAbout~Master - Waiver of subdivision regulations for Fieldstone Development DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Douglas R.Marek,Ames City Attorney,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146 Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105 RESOLUTION NO. 10-150 RESOLUTION APPROVING WAIVER OF SUBDIVISION REGULATIONS FOR FIELDSTONE DEVELOPMENT FOR THE CITY OF AMES WHEREAS,the subject site consists of a single quarter-quarter section(40 acres)and contains a single homestead; and, WHEREAS,the subject site is located directly north of the current city limits in the Northwest Priority Growth Area and the bulk of this site is identified as "Natural Area" on the Urban Fringe Plan, with a small portion of the southwest corner designated as"Urban Residential"; and, WHEREAS,the request from Fieldstone Development is to separate a 5-acre parcel from the larger 40- acre parcel; and, WHEREAS,the 5-acre parcel contains the existing homestead,which Fieldstone is prepared to sell to another party,and this parcel is entirely within the Natural Area designation which allows for existing farms and non-farm residences; and, WHEREAS,the creation of this parcel is consistent with the Urban Fringe Plan as it is an existing non- farm residence; and, WHEREAS,after extensive consultation with City staff,Fieldstone is now proposing to place a building prohibition on the larger parcel,noted on the plat as a"non-buildable parcel-reserved for future platting"; and, WHEREAS,the creation of this parcel with the building prohibition is consistent with the Urban Fringe Plan as it protects the Natural Area from further development, as well as keeps the Urban Residential portion from developing until a later time when the property may be further platted and the building prohibition modified or eliminated; and, WHEREAS, staff believes that the request to waive the City's subdivision review and jurisdiction is unusual but entirely within its authority; and, WHEREAS,staff further believes that the end result(a small tract containing an existing homestead and a larger parcel not to be built upon) maintains the status quo of development densities, which would be maintained until such time as Fieldstone Development comes forward with a development proposal consistent with the existing Urban Fringe Plan or seeks to have the City Council amend the Urban Fringe Plan; and, WHEREAS,in accordance with policies and practices ofgranting such waivers,Fieldstone Development has signed three standard covenants; and, WHEREAS,the unique circumstance of this issue,whereby the application began under a previously approved process and is seeking completion after substantial code changes were made, is unlikely to be seen again; and, WHEREAS,staff has reviewed the plat and finds that the City's interests in maintaining the policies of the Urban Fringe Plan will not be compromised. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City ofAmes,Iowa,that the waiver of subdivision regulations for Fieldstone Development for the purpose of dividing the Southeast Quarter of the Southeast Quarter of Section 30, Township 84 North,Range 24 West of the 5"'P.M., Story County, Iowa,into two parcels as shown on the plat,with the condition that a Plat of Survey be recorded by no later than July 1, 2010, is hereby approved. ADOPTED THIS 13'h day of April,2010. C�A&�'R Lxd& d-'XVV JV Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Mahayni Seconded by: Larson Voting aye: Davis, Goodman,Larson, Mahayni, Orazem,Wacha Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 13'h day of April,2010.