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HomeMy WebLinkAbout~Master - Waiver of subdivision regulations for 1512 "X" Avenue, Boone County RESOLUTION NO. 11-077 RESOLUTION APPROVING REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS FOR 1512"X"AVENUE,BOONE COUNTY, FOR THE CITY OF AMES,IOWA WHEREAS, Jody McCaskey is seeking a waiver of the City's subdivisions standards, and is proposing a subdivision of land within two miles of the corporate limits of Ames, which is subject to the provisions of the Ames subdivision regulations; and, WHEREAS,the proposed division of land is a two-lot split of a 40-acre parcel,with one proposed lot being about 6.5 acres (on which there is currently a home),while the remainder is about 33.5 acres and will remain in agricultural production;and, WHEREAS,the site lies approximately two miles southwest of the Ames City limits in Boone County,and is in the area of the Ames Urban Fringe Plan that is identified as Agricultural/Farm Service; and, WHEREAS, since the proposed lot is the site of a farmstead, the division of the quarter-quarter section is consistent with the Plan, and the remaining 33.5 acre lot will remain in agricultural production; and, WHEREAS,since the proposed subdivision lacks public improvements as described in the Municipal Code,the subdivision regulations classify this as a major subdivision,requiring a preliminary plat to be submitted that identifies how the infrastructure requirements will be met; and, WHEREAS, however, Section 23.103(1) of the Code allows the City Council to waive or modify the requirements of the subdivision regulations,and in so granting a modification or a waiver,the Council may impose such additional conditions as are necessary to secure substantially the modifications of the requirements so modified orwaived; and, WHEREAS, the Council has routinely granted waivers to divisions of land in those areas of the Urban Fringe where annexation by the City is not anticipated in the foreseeable future,and these waivers have been recommended on those occasions when the proposed development is consistent with the use and density standards of the Plan; and, WHEREAS,if the City Council were to waive the infrastructure requirements for this current request,the owner could then proceed with the preparation of a minor final plat for consideration by the Council; and, WHEREAS,along with the submittal of the final plat,the applicant will also submit the three standard covenants with original signatures suitable for recording in the Boone County Recorder's Office; and, WHEREAS, these covenants bind the owners and successors to 1) agree to annexation at the time the City requests,2)waive objections to assessments that may be imposed in the future if public improvements are brought to the site as an assessment project,and 3)pay any fees associated with the buy-out of rural water; and, WHEREAS,the applicant needs approval fo the final plat by both the City Council and the Boone County Board of Supervisors. 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 at 1512"X"Avenue in Boone County is hereby approved,subject to,within six months of this date,signed covenants and an application for the final plat are submitted to the City. ADOPTED THIS ?day of March,2011. U Diane R.Voss,City Clerk Ann H. Campbell'Mayor Introduced by: Mahayni Seconded by: Davis Voting aye: Davis,Goodman,Larson,Mahayni,Orazem,Wacha Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 1"day of March,2011.