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HomeMy WebLinkAbout~Master - Waiver of subdivision regulations for northwest corner of 250th Street and X Avenue RESOLUTION NO. 14-282 RESOLUTION APPROVING WAIVER OF SUBDIVISION REGULATIONS FOR PROPERTY AT 250TH STREET AND "X"AVENUE, BOONE COUNTY FOR THE CITY OF AMES,IOWA WHEREAS, in order to accommodate orderly growth of cities, state law allows cities jurisdiction over the division of property within two miles of their city limits, and Ames exercises that jurisdiction for subdivisions, but does not regulate zoning beyond the city limits; and, WHEREAS, the Ames Urban Fringe Plan guides the city's subdivision decisions in both Story and Boone County; and, WHEREAS, Story County has adopted that Plan and therefore Ames subdivision decisions and Story County zoning decisions are coordinated, however, Boone County has not adopted the Ames Urban Fringe Plan and signed a 28E agreement with the City as has Story County; and, WHEREAS, nonetheless, the Ames Urban Fringe Plan is the basis for City policy applied to subdivisions in Boone County,and division of property in Boone County within two miles of the Ames city limits must be approved by both the City of Ames and Boone County; and, WHEREAS, state law requires that the City of Ames apply the same standards to subdivisions within the Ames Urban Fringe as it applies to subdivisions within the city limits, therefore,subdivisions in both areas require providing public improvements(streets,sanitary sewers, water, storm water management,etc.)that meet city standards,unless waived by City Council; and, WHEREAS, in November,2013,the City Council referred to staff a letter from Don Sears of New Century FS representing Donald Uthe seeking a waiver of subdivision infrastructure requirements within the Ames Urban Fringe in rural Boone County; and, WHEREAS,the 75-acre property at the northwest corner of 250th Street and"X"Avenue is to be divided for the development of an anhydrous ammonia facility on five acres,and the remaining property will continue to be in agricultural use; and, WHEREAS, it is important to note that this property is two miles from the city limits and over one mile from the outside boundary of areas that the Ames Urban Fringe Plan identifies for future urban expansion, and the property is not on a major transportation corridor leading to Ames; and, WHEREAS,therefore,the proposed agricultural business use is not expected to have impact on the community, and since providing public improvements meeting city standards is neither feasible nor necessary for agricultural uses of land separated from the city, the City Council has routinely granted waivers of the subdivision regulations requiring public improvements in those areas of the Urban Fringe where annexation by the City is not anticipated in the foreseeable future; and, WHEREAS,these waivers have been recommended on those occasions when the proposed development is consistent with the land use that the Plan designates; and, WHEREAS,should the City Council waive the public improvement requirements,the proj ect would be considered a Minor Subdivision,and the applicant could then proceed with the preparation of a final plat for consideration by the City and County; and, WHEREAS, city staff will recommend that the final plat show as an undevelopable outlot the 70-acre portion of the property that is not included with the anhydrous ammonia storage facility, and the final plat should also identify that 70-acre portion as for agricultural use only. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the waiver of Division IV Design and Improvement Standards of the Ames Subdivision Regulations for the subdivision of property at the northwest corner of 2501'` Street and"X"Avenue is hereby approved,which would allow the owner to prepare final plat documents and if approved by both the City and Boone County, to divide the property so that the five-acre parcel can be developed as an anhydrous ammonia storage facility. ADOPTED THIS 13th day of May, 2014. _ 1'*_R-Lida. As*w cfl- caoow-'Oo�4 Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Goodman Seconded by: Orazem Voting aye: Betcher, Corrieri, Gartin, Goodman,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 13t'day of May, 2014.