HomeMy WebLinkAboutA012 - Council Action Form dated June 11, 2002 ITEM # 150
DATE 06/11/02
COUNCIL ACTION FORM
SUBJECT: RESOLUTION TO WAIVE INFRASTRUCTURE REQUIREMENTS FOR A
REPLATTING OF WESTWOODS PLAT TWO, LOCATED AT 2226 &2227 229T" PLACE,
INCLUDING APPROXIMATELY 35.71 ACRES, OUTSIDE THE CITY'S CORPORATE
LIMITS IN BOONE COUNTY, AND WITHIN THE TWO-MILE JURISDICTION OF THE
CITY OF AMES.
BACKGROUND:
The Request. On April 23 2002, the City Council referred to staff a request to waive
infrastructure requirements for a replatting of Westwoods Plat Two from seven (7) lots to
fourteen (14), located at 2226 & 2227 229t" Place, including approximately 35.71 acres,
outside-the-Ci y§s corporate iimit in-Boo en County-within-the-two=mile-jurisdiction of-the
City of Ames:,
Location. The land area included in Westwoods Plat Two is located at the western edge
of the two-mile subdivision jurisdiction of the City of Ames. The subject property abuts the
north right-of-way of U.S. Highway 30, where 2W' Street (West Lincoln Way) and Highway
30 merge.
Legal Description. The legal description for the subject property is described as follows:
• Lots 1, 2, 3, 4, 5, 6, & 7, Westwoods Subdivision, Plat 2, Boone County, Iowa.
Subdivision Jurisdiction. The subdivision is located outside of the City's corporate limits,
but within the two-mile subdivision jurisdiction area. State law allows cities the authority to
approve or deny subdivisions within two (2) miles of the city limits. In this particular case,
Boone County and the City of Ames both have subdivision jurisdiction over this property.
The owners must meet the subdivision requirements of both governmental entities.
Code of Iowa. Chapter 354 of the Code of Iowa includes provisions for the division and
subdivision of land. Section 354.9 addresses the "Review of subdivision plats within two
miles of a city". Subsection two (2) includes the following provision:
Section 354.9(2). "...Either the city or county may, by resolution, waive its
right to review the subdivision or waive the requirements of any of its
standards, or conditions for approval of subdivisions, and certify the
resolution which shall be recorded with the plat."
Municipal Code. Chapter 23 of the Municipal Code includes provisions for the subdivision
of land in Ames and within two (2) miles of the corporate limits. Section 23.103 addresses
"Waiver/Modification". Subsection (1) reads as follows:
Section 23.103 (1). "Where, in the case of a particular subdivision, it can be
shown that 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, the City Council may modify or waive the requirements of the
Regulations so that substantial justice may be done and the public interest
secured provided, however, that such modification or waiver shall not have
the effect of nullifying the intent and purpose of the Regulations. In no case
shall any modification or waiver be more than necessary to eliminate the
hardship or conform to the purpose of the Regulations. In so granting a
modification or waiver, the City Council may impose such additional
conditions as are necessary to secure substantially the objectives of the
requirements so modified or waived."
Replatting Proposal. The owners of land in Westwoods Plat Two, a subdivision located
in Boone County, propose to re-subdivide the seven (7) existing lots, as shown on the
attached graphic and as described below:
• Lot 1: Includes 2.13 acres.
No change is proposed.
• Lot 2: Includes 2.13 acres.
No change is proposed.
• Lot 3: Includes 3.42 acres.
Proposed to be re-subdivided into two (2) lots, as follows:
• 2.00-acre lot, and a
• 1.42-acre lot.
• Lot 4: Includes 4.27 acres.
Proposed to be re-subdivided into two (2) lots, as follows:
• 2.51-acre lot, and a
• 1.76-acre lot.
• Lots 5 &6: Includes 8.60 acres in Lot 5, and 6.88 acres in Lot 6.
Proposed to be re-subdivided into four (4) lots, as follows:
• 3.87-acre lot;
• 3.86-acre lot;
• 3.86-acre.lot; and a
• 3.89-acre lot.
2
• Lot 7: Includes 8.29 acres.
Proposed to be re-subdivided into four (4) lots, as follows:
• 2.10-acre lot;
• 2.08-acre lot;
• 2.06-acre lot; and a
• 2.06-acre lot.
Boone County Zoning. There are two Boone County zoning designations on the property
proposed for replatting. Lots 1 and 2 are zoned as R-1 (Residential), and the remainder
of the subdivision (Lots 3-7) is zoned as C-1 (Commercial).
The minimum lot area in the R-1 district is 20,000 square feet, when common water and
sewer systems are present, one and one-half (1-1/2) acre if no common water and sewer
exist, and one (1) acre if only a common water system exists, unless a smaller lot size
minimum is justified by an approved concept plan and a soil study for accommodation of
a private sewage treatment system.
Lots 1 and 2 meet the minimum lot area requirement, which is one (1) acre, since only a
common water system exists. As described above, Lots 1 and 2 each include 2.13 acres.
There is no minimum lot area required for land zoned as C-1 (Commercial).
Streets and Utilities. The proposed subdivision is required to comply with the subdivision
regulations for the City of Ames, since the City's subdivision authority extends two (2) miles
outside the corporate limits. To meet the City's requirements, the. property owner is
required to install streets, sanitary sewer, and water infrastructure to City standards.
Streets. The Final Plat of Westwoods Plat Two, as approved by the Boone County Board
of Supervisors in 1996, includes a public access and utility easement (80 feet wide) across
Lots 3, 4, 6, and 7, which serves as the means for vehicular access to these lots. Lot 5
was platted with a public utility easement, but with no easement for public access. Lots 1
and 2 are served by an access easement (50 feet wide) from Westwoods Plat One. Boone
County accepts the public access and utility easement as a "public street". Boone County
does not own, nor repair and maintain "public streets", only "county streets". The access
easements are privately owned, and the maintenance of the roadway is the responsibility
of the Westwoods Subdivision Homeowner's Association.
The City of Ames requires a minimum right-of-way width of 66 feet to serve a commercial
development. The proposed public access and utility easement (80 feet wide), which
would serve all lots in the subdivision, except Lots 1 and 2, meets the minimum
requirement width for public right-of-ways in commercial subdivisions, as required by the
City of Ames.
3
Utilities. The proposed subdivision does not include any public water and sanitary sewer
service.
Water. The developer is proposing to use rural water infrastructure, provided by
Xenia Rural Water District, for this subdivision. The developer also wishes to have
the option for owners of the proposed lots to drill wells on their property, as an
alternative to connecting to the rural water system.
To serve the proposed subdivision with municipal water service would require that
a water main, meeting the design and specifications of the City of Ames, would need
to be extended along West Lincoln Way, a distance of more than two (2) miles east
of the proposed subdivision. Further, since the property in question is not inside the
corporate limits, municipal water infrastructure would not be extended without
annexation.
Sanitary Sewer. The developer is proposing individual septic systems to provide
sanitary sewer service for the development. Lots 1 and 2 are presently occupied by
single-family detached dwellings and are served by private septic systems. The
proposed 14 lots range in size from 1.25 net acres to 3.69 net acres, which is
adequate in size to accommodate individual waste treatment systems. Such septic
systems have the potential, over time, to adversely affect the water quality in the
drainage system for this watershed.
To serve the proposed subdivision with municipal sanitary sewer services would
require that a sanitary sewer main, meeting the design and specifications of the City
of Ames, would need to be extended from College Creek at the west side of
Bentwood Subdivision, a distance of more than two (2) miles east of the proposed
subdivision. Further, since the property in question is not inside the corporate limits,
municipal water infrastructure would not be extended without annexation.
Staff Comments. The Westwoods Subdivision, Plat Two, is located west of Ames, in
Boone County, well outside the current City of Ames corporate limits. The subdivision is
located two (2) miles west of the Targeted Growth Area for the City of Ames, as shown on
the Future Land Use Map in the Land Use Policy Plan.
Staff believes that it is preferable to have public streets constructed and right-of-way
dedicated to the governing body for repair and maintenance. However, in this particular
case, Boone County does not require, nor does it seek, dedication of the public right-of-
way. T°a er;e ore-=staffzttrelieves-it is an-acceptable—a.lter-native-toaallow-public-access
easements- ss--a substituteIor-streets-dedicate-=-as-pu 5"lic—righ oof-way n-Boone„County,.
s
,provided � __�-~
The width of the easement meets the minimum width required by the City of Ames (if
it were to be dedicated as a public street);
• Boone County accepts the easement as the means of public access to the subdivision;
and,
4
• The responsibilities for maintenance and repair are part of a written agreement, filed
with each property deed, which states that the homeowner's (property owners)
association is responsible for maintenance and repair.
Boone County has already accepted the public access easement, and a homeowner's
(property owners) association written agreement is in place for the subdivision, as currently
approved with the seven (7) existing lots.
Staff believes it is reasonable to allow rural water service and/or individual wells, and
individual septic systems in the proposed subdivision, without the requirement for the
installation of dry pipes for future connections to municipal sanitary sewer and water
services, for the following reasons:
• The proposed subdivision is located outside the projected growth area for the City of
Ames to the year 2030;
• The size of the proposed lots is adequate to accommodate individual septic systems;
• Municipal water and sanitary sewer utility services are located more than two (2) miles
from the proposed subdivision; and,
• The City of Ames has no plans to extend utility services to this area at any time in the
foreseeable future.
Therefore, because the proposed subdivision is served by a public access easement,
which meets the criteria described in this report, and since the subdivision is located
outside the targeted growth priority area for the City of Ames, staff recommends that the
City Council waive the requirements for public infrastructure, as provided for in Section
23.103(1) of the Municipal Code, with the stipulations described in this report.
4 pulation.-Staff--raacmm-ends--that--the-following-stipulation-be-placed-upon-the aappr vo alp
ofathe�aivar-of.-the e-quirements for public-infrastructure ,
• rThe=pr-operty-owners-must-waive:their-rights-to=object-to-#uture=assessments=for-public,
,improve e-nm s including-but not lirini�=to=street-paving;-ieycle-paths sidewalks=and,
Xublity improvements-The-wr-iften--and�siga6d-=agreement forte-this waiver of�rights toy
�ohjL�et=o-�uture-assessr�nents—must=be=submitted=to--the=City_ofzAm.es::pr-for-to-or at-theme
Mimeo application-tothe-City�of�Ames-for�approVaLof-the F_inaL_Plat for Westwoods,
,PI'at Twos
5
ALTERNATIVES:
1. The City Council can approve a resolution granting the request for a waiver of the
requirements in the Subdivision Ordinance for the installation of public infrastructure
for the proposed replatting of Westwoods Plat Two, located at 2226 and 2227 229th
Place, in Boone County, with the following stipulation:
• The property owners must waive their rights to object to future assessments for
public improvements, including but not limited to street paving, bicycle paths,
sidewalks, and utility improvements..The written and signed agreement for this
waiver of rights to object to future assessments must be submitted to the City of
Ames prior to, or at the time of application to the City of Ames for approval of the
Final Plat for Westwoods, Plat Two.
2. The City Council can deny the request for a waiver of the requirements in the
Subdivision Ordinance for the installation of public infrastructure for the proposed
replatting of Westwoods Plat Two, located at 2226 and 2227 229th Place, in Boone
County.
3. The City Council can modify the request for approval of the request for a waiver of
the requirements in the Subdivision Ordinance for the installation of public
infrastructure for the proposed replatting of Westwoods Plat Two, located at 2226
and 2227 229th Place, in Boone County, and approve a resolution granting the
request for a waiver, with the following stipulation:
• The property owners must waive their rights to object to future assessments for
public improvements, including but not limited to street paving, bicycle paths,
sidewalks, and utility improvements. The written and signed agreement for this
waiver of rights to object to future assessments must be submitted to the City of
Ames prior.to, or at the time of application to the City of Ames for approval of the
Final Plat for Westwoods, Plat Two.
4. The City Council can refer this request back to staff and/or the applicant for
additional information.
6
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council approve Alternative #1,
which is approval of a resolution granting the request for a waiver of the requirements in
the Subdivision Ordinance for the installation of public infrastructure for the proposed
replatting of Westwoods Plat Two, located at 2226 and 2227 229t" Place, in Boone County,
with the following stipulation:
• The property owners must waive their rights to object to future assessments for public
improvements, including but not limited to street paving, bicycle paths, sidewalks, and
utility improvements. The written and signed agreement for this waiver of rights to
object to future assessments must be submitted to the City of Ames prior to, or at the
time of application to the City of Ames for approval of the Final Plat for Westwoods,
Plat Two.
COUNCIL ACTION:
Attachments
s:\Council Action Forms\Waiver of Subdivision Regulations\2226&2227 229`h Place Boone Co Sub Waiver 06-11-02
7
f
ul
,O'I'll
0
•f 1 tjn
7
'
r-*r
0 '
220th St!" fTIT
X Subject
Area
Ju
2 .rr " F z 5tx T NOW
Y } 1
{ d
"Arm
hi b
Limit
Y f , Or
Q .r Ua 5,,. k v C xs a C #:
OTTP
N
!
\\ i
i
Location Map N
1 0 1 Miles
oowlaa.a.wc4y SSE 1/CA�SWJ/4. -in R.Srm
oovglaee R.-cuy SEC. 2-03-25
we"FICR 1/2'PIPE
SEI Sift/4.
SEC. 2-83-25
1/2'FEW N, -1.LIK o<t«E g1,.p"4.6Lt, SKETCH PLAN
CAP 4
65M FOUND SBB 2f'f8"N f316.97 a
�1N 2:Fttl pe to zE"` 911 MI.2 -M' WESTWOODS, PLAT TWO
220.56'. 218.73" 21B.73' 220.56'
438.50 BOONE COUNTY, IOWA
-N I
PROPRIETOR:
-' LEON J. 6 LINOA C. NUEBXER
ROUTE f
Y• N m AMES. IONA 50010
LOT 1 N 515-233-6558
�^ O 2.13 ACRES m
N swrVly Description-westNeoas. Plat T.O. Boone CO-"Y. Iowa.
'i LOT A 5
8.60 ORES Pert of the Southeast a warier of the 5olastl11 In,Cki.,t.r of
EXIS7iMG G NBB'30'28'E 438.d7' Section 2. To-nsnlp B3 Noren. Range 25 west of the Son P.N.•
N Boone County. Iowa. more Dar•tlCular 7l'0efcrlDea of ID110ws:
�A41FMT n' me Sautn°Qcit Ouarteerta lesela rSMecti1ont2 e Ke s500a 1rt�erE f
N 24.01 feet along the Neat It-of the Southeast Oufrter of the
SouMwest puarter of said Section 2 to the southwest corner of
'• m ppj p tn!North 24 Iee[of the Southeast 0uerter Of the South"st
^ Ouarter of fefp 5ectlon 2 n0 the point of Depolnrling: tnence
7 [v m Z v 1n cant lnulnD S00'11'22'E. 1192.24 feet to then rth lVynt of way
r. ]1ne o/Nignway 030: thence along sal°north lent NB6-SS'46-E.
L0: 2 .. m n 649.93 feet: thence fH77646'E. 200.0o feet to the Depiln179 of
•p 2.13 ORES -. ^ m e curve tangent tg iaf0 1fne; tntnce easterlyy 473.41 feet along
fiY J n1 x ^ ene curve concave to the south, having a r plus of 11534.16 feet
�j x = of 1 a central angle of 2 21'g6'to the east Ilse f the
TRACT 3 _ TRACT 4 southeast aartcr of trw•Soutn.ese ILarter of uio 5actlon e
_ _ _N _ _ TRACT 2 _ _m _ _ _ _ - - - - - [nerce NDO27'44-w. 1176.93 het flora f th uou lens to fire
TRACT 1 _ _ _ - southeast corner of the wren 24 feat of ene Southeast owrty
_ m 3.86 AC. TOT. ^ 3.89 AC. TOT. /,'' f the Soutneeat Quarter of said Section a mart.SB021'fe-r.
182.45, 3.87 AL TOT. 3.86 AC. TOT. 0.20 AC. RON N 0.20 AC. now i 1317.08 feet to the point of beginning, containing 35.71 aces.
4' 3.20 AC. RON O 3.69 AC. NET
0.20 AC. ROM 3.66 AC. NET `
Y LOT 3 3.67 AC. NET o0 3.66 AC. NET Z z in
3.42 RES Z i$
C m m U) S o
� F
0 ^ NOTES:
w � Y � m - • -• A to 1. LOTS WILL BE SERVICED BY Ifa3yI0UAL SEPTIC SYSTEMS.
p=Sg TRACT 1 m TRACT 2 Pi LOT 6 = - y
2.00 AC. TOT. 1.42 AC. TOT. _ 6.86 ACRES •-
^' O� 0.24 AC. RDM ; 0.17 AC. RDw = 2y1
1.76 At. NET N 1.25 AC. NET N m ^ F aaoQ4
tri j IS V; m Y
O, E o O
0 220.53'
2 LU Z Z 220.44_ 220.44 W
N oz_ j _255 go- lez.4�_ _220.53_ _ o
-tVb EXISTING PUBLIC ACCESS C UTILITY EASEMENT (eoNB0�39'21'E NBB'39'2f"E N
BB'39'21
r m T Y = N - NB - NB220.531"E 220.53' 220.53' LEGEND ________________________
1 2.4 220.53 220.53'
ACCESS •ti 255.00 -- W WATER LINE •-
aezBz.45' E • ELECTRIC LINE -
zss.00 S - SANITARY SEWER
' ry G - GAS LINE
TELEPHONE LINE
Y m � "' m O CTVT - TV CABLE
O1 m .LOT 7 c ST STORM SEWER
8.29 ACRES Q c SECTION CORNER
x TRACT 2 x TRACT 3 x TRACT 4 m 0 IRON PIN SET
IRON PIN OR PIPE FOUND
I o 2.06 Ac. TOT. o x - 'x' IN CONCRETE
N TRACT i TRACT 2 x TRACT i 2.06 AC. 707.
- rn x N 2.OB AC. TOT. A7 0.20 AC. RDM 0.2o Ac. Row v II FIRE HYDRANT
2.51 AC. TOT. 1.76 AC. TOT. N 2.f0 AC. TOT. N 0.20 AC. Rpw 1.86 AC. NET
p O 0.24 AC. ROW (V 0.17 AC. PON N 0.z0 AC. Row, 1 NET of 1.85 AC. NET ^ POWER POLE
�k m 2.27 AC. NET N 1.59 AC. /E7 1.90 AC. MET ^' - LIGHT POLE
'• o a GUY ANCHOR
€' o 0 o N SPOT ELEVATION
s ' o o z - Z F3- GAS METER
i =
® - HATER VALVE OR CURB BOX
LOT 4 tt w BEEHIVELINTAKET POLE
4.27 ACRES A-31.37'
9.74' A-221.53' A- - ELECT. BOX
190.26' R-11534.16' A-47•.41' A-227'O6' - CONTROL NAIL
1B2.W' B.HBe'47'19 E C-A73.37 v^ x- UTILITY POLE
PIPE
OO •�' N86'S5'46-E 21%02- NB7'36'46-E 200.00 p . TELEPHONE PED.
438.93' rdn1M R.O.N.LlfE 6 p.5.r•rY IA CORNERN
NB6'S3'S6-E� SEC. 2-83-2 ^ X- PK NAIL
ml fie.A. m.5- state of to•. SEC. 2-83-25 N N
lDl - IDOT M°MAENT p..
ry FOLIO [ALUMINUO
BB' sL ol'37'E U.S. HWY #30 - GRAPHIC SCALE 1 =150'
p646.1 7' swtN[1N or tM[s".. c.z-e7-z5.
sW CORNER 0 150 300 450
Co
SEC. 2-83-25
IDOT 1OMlENT
FOLIO IALUMI NUx,0 .JOB.°Oo1SK DATE: 4/03/02 PAGE 1 OF i
I
0p CAFAPPROVAL
SS BK SL
JK_ JP
To be sent to:
Leon Wuebker
53568 180th Street
Gilbert, Iowa 50105