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HomeMy WebLinkAbout~Master - Waiver of subdivision regulations for land in Boone County 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. 10-357 RESOLUTION APPROVING REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS FOR PARCEL LOCATED IN BOONE COUNTY FOR THE CITY OF AMES WHEREAS,the property owner is seeking a waiver of the City's subdivision standards for a 40- acre parcel located in Boone County; and, WHEREAS,this parcel lies a quarter mile west of Story County and is split by U.S.Highway 30, separating the parcel into two tracts; and, WHEREAS,the owner,Melvin Bell, is wanting to sell the portion lying south of U.S. 30 to an abutting landowner and will retain the portion lying north of the highway; and, WHEREAS, the land was effectively divided into two tracts when the Iowa Department of Transportation acquired the right-of-way for U.S. Highway 30,however,Boone County still considers it as one parcel; and, WHEREAS, to effectuate a division of land, a formal plat needs to be prepared; and, WHEREAS, since the proposed subdivision lacks the public improvements described in the City's subdivision regulations, it is classified as a major subdivision requiring a preliminary plat to be submitted that identifies how the infrastructure requirements will be met; and, WHEREAS, however, the Ordinance allows the City Council to waive or modify the requirements of the subdivision regulations where "....strict compliance with the requirements of the regulations would result in extraordinary hardship to the applicant or would prove inconsistent with the purpose of the regulations because of unusual topography or other conditions..."; and, WHEREAS, in addition, the Code of Iowa allows a city to waive its right to review the subdivision or waive the requirements of any of its standards or conditions; and, WHEREAS,the Council has waived its jurisdiction for rural subdivisions in very few instances —usually when the division involves the creation of only a single new tract and usually when land uses are not anticipated to change due to the division; and, WHEREAS, in those instances, the City Council determined that the City will not be harmed by a waiver of its jurisdiction since the impact on future development is minimal or non-existent; and, WHEREAS,if the Council were to waive its jurisdictional review,the owner could then proceed with the division of land following the standards of Boone County,and there would be no further review of this division by the City of Ames; and, WHEREAS,the owner can record a plat for the division of land only with a resolution from the City of Ames that either approves the plat or waives the City's right to review the plat; and, WHEREAS, the proposed division of land is not for development purposes, but merely to effectuate a change of ownership of a tract of farmland. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Ames, Iowa,that the request to waive the City's right to review the proposed division of a 40-acre parcel located in Boone County is hereby approved. ADOPTED THIS 27th day of July, 2010. C�A�"'R. UY-d& A. ;(/. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Mahayni Seconded by: Goodman Voting aye: Davis, Goodman, Mahayni, Orazem, Wacha Voting nay: None Absent: Larson Resolution declared adopted and signed by the Mayor this 27th day of July, 2010.