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.