HomeMy WebLinkAboutA018 - Council Action Form dated January 22, 2008 - Lot 4, Westwoods, Plat 2 4
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ITEM #: 4�c�'
DATE: 01/22/08
COUNCIL ACTION FORM
SUBJECT: WAIVER OF CITY SUBDIVISION STANDARDS FOR RURAL
PROPERTY IN BOONE COUNTY: LOT 4 WESTWOODS PLAT 2 AT
2228 229'" PLACE
BACKGROUND:
The City Council referred to staff a request to waive City subdivision standards for property
in Boone County on the north side of 230th Street (Lincoln Way) on 229th Place. The
property is located west and within two miles of the corporate limits of the City of Ames
(see attached Location Map).
The posed subdivision involves land owned by S & K Properties LC. TT e prpokposal
invtidW1
ess:a,p p rty-with arse building, 4.27 acresin size,_which the applicant proposes to
u nto'two a� reels, to allow for another b00 g f_or_co►nmercial uses. Access and
frontage on public right-of-way is provided for both properties. C�itV staff has determined
that since the property does not contain public infrastructure;—a=Major Subdivision-would-be
require
Along 230th Street in Boone County, within two miles of the Ames city limits, are three
developed areas:the area adjacent to the proposed subdivision to the east, an area about
one mile to the west, and an area south of 230th Street. These areas include dozens of
developed properties, created by subdivisions, some with multiple additions or by
development of multiple buildings and businesses on a single large parcel. The uses are
generally commercial in nature,with two residential subdivisions to the far west. (See Land
Use Map).
In reviewing earlier subdivisions involved in this rural development,the City of Ames,which
generally requires access to public streets, waived its standards for public improvements.
�TIJe_Ci.yf Yal.so_requ[r_ed:the awnersytocsign=arid--provide�covenants=waiving=thenr-ight-Gf�
-whoever owns.-the-property to_protest future,assessmeatsfor-public-i rap rovements,�and
- binding-pro perty-owners-an tune p---- y-owners-to-pay the-full_;.cost-of abandoning-r-ur�ab
waters.- ems_in the fu uure. In its reports on these subdivisions, staff has generally stated
that the City is unlikely to annex the land along this corridor in the future, and cited on-
going urban fringe planning in cooperation with the County.
The City of Ames has now completed an Urban Fringe Plan that includes this corridor, and
although it is not yet a cooperative plan with Boone County, it is the policy of the City. That
Plan identifies Highway Oriented Commercial as the future land use for these three
development areas,with Agricultural and Farm Service as the proposed land use for areas
along the corridor in between the developed areas (see attached portion of Ames Urban
Fringe Land Use Framework Map). Highway Oriented Commercial land uses are within the
Rural/Urban Transitional Areas land use class. City policies for these areas are attached.
Neither the Ames Urban Fringe Plan nor the Ames Land Use Policy Plan identifies this
corridor as a community entry. In summary, the Plan anticipates that Highway Oriented
Commercial land uses will develop outside of the City, preferably in clusters, and that
public improvements may be required depending on the location, anticipated traffic,
intensity, and type of use and other factors.
Although Boone County provided input into the land uses shown on the current Ames
Urban Fringe Plan, it is clear that future adjustments were likely to be needed once Boone
County completed a countywide Comprehensive Plan update. Boone County has
completed and approved that Comprehensive Plan, which designates commercial and
industrial land uses for all of the land on both sides of 230th Street from the Ames city limits
to the west edge of the Ames Urban Fringe area.
The pending Boone County zoning ordinance provides for a wide range of uses in
commercial and light industrial area. For example, permitted commercial uses include
professional offices, corporate headquarters, research facilities, grocery stores,
restaurants, and residences above the first floor. Examples of permitted industrial uses are
cabinet shops, lumber yards,warehousing, enameling and lacquering, and manufacturing
of a wide range of products. Conditional uses include auto wrecking, animal rendering,
adult entertainment, and further manufacturing uses. Protection of the public and
neighboring properties from negative impacts of these uses is through general
performance standards to be imposed and enforced by County staff. The Boone County
comprehensive plan designates residential uses for most of the rest of the Ames Urban
Fringe within Boone County. Boone County and Ames staffs are now determining the best
way to proceed for the County and City to coordinate completing the Ames Urban Fringe
Plan.
The purposes of state laws allowing City jurisdiction over rural subdivisions include
managing impacts on the City's infrastructure and environment and to provide for efficient
and orderly expansion of cities. When the City of Ames staff has reviewed the impacts of
each of the many subdivisions in Boone County under which this corridor has developed,
not surprisingly the impact of each project by itself has not been very significant. What has
changed now is that Boone County has adopted a comprehensive proposal for land use for
the entire area, which anticipates a mixed commercial, industrial, and residential area
many times larger than what is there now. To formulate policy for review of subdivisions in
Boone County, the City of Ames should consider potential impacts, such as the following:
• Traffic on City and surrounding streets
• Stormwater runoff into College Creek and Clear Creek
• Waste treatment systems on the College Creek and Clear Creek watersheds
• Water use on Ames water supply
• Rural style development blocking future urban expansion
Especially important is to consider the impacts of the most intense type of
development allowed by the zoning classifications that the Boone County
Comprehensive Plan supports in this area. Once property is zoned and subdivided,the
property owner or a future property owner has a right to develop it for any use that the
zoning allows. Although Boone County staff has some authority to require improvements
to waste treatment systems and/or nuisance abatement, the City of Ames has no further
role as long as subdivision is not required. This is why the City and County need
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agreement on land uses comprehensively up front. Without that,the City must still rely on
its own assessment of impacts at the time of subdivision.
The applicant is proceeding with the platting process in Boone County and the applicant
and County seek decisions on platting from the City of Ames before completing the
Preliminary Plat in Boone County. If the City takes no action or declines to waive its
infrastructure requirement, the property owner must provide streets, sanitary sewer, and
water systems meeting City standards, some of which cannot be put into service at this
time because the City has not extended its infrastructure to the site.
ALTERNATIVES:
The City Council can approve a resolution waiving its subdivision regulations for the
installation of public improvements for Lot 4 Westwoods Plat 2 at 2228 229th Place,
with the stipulation that recorded covenants be provided binding property owners
and future property owners to waive rights to protest future assessments for public
improvements, and binding property owners and future property owners to pay the
full cost of abandoning rural water systems in the future.
2. The City Council can approve a resolution waiving its subdivision regulations for the
installation of public improvements for Lot 4 Westwoods Plat 2 at 2228 229th Place,
without stipulations.
3. The City Council can deny the request for a waiver of its subdivision regulations for
the installation of public improvements for Lot 4 Westwoods Plat 2 at 2228 229th
Place, due to expected and unknown impacts of development of the area on City
infrastructure, environment, and growth.
4. The City Council can refer this request back to staff and/or the applicant for
additional information.
MANAGER'S RECOMMENDED ACTION:
In the past, the City has reviewed subdivisions in Boone County on a case-by-case basis,
citing the ongoing planning in cooperation with Boone County as the best way to develop
more consistent policy. Although that planning is not yet completed, it has yielded a
comprehensive land use proposal for this part of our urban fringe. It provides for
development with a total area that is similar in size to all of the private, developed property
of west Ames, north of Lincoln Way. All of this land in Boone County is in watersheds
that drain into Ames, and the main traffic access is the main east-west traffic artery
into Ames. Clearly, the City needs to study the impacts of this proposed area-wide
land use and work with Boone County to manage any impacts on our community.
In the meantime, Boone County property owners such as this one have been making plans
for the use and development of their property based on the past practices of the City for
similar situated land. More important than halting small projects in mid-stream that
may or may not by themselves have significant impact is to work with Boone County
on the comprehensive scale. Therefore, it is the recommendation of the City Manager
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that the City Council approve Alternative#1. This action will approve a resolution waiving
the City's subdivision regulations for the installation of public improvements for Lot 4
Westwoods Plat 2 at 2228 229th Place, with the stipulation that recorded covenants be
provided binding property owners and future property owners to waive rights to protest
future assessments for public improvements, and binding property owners and future
property owners to pay the full cost of abandoning rural water systems in the future.
In addition,the City Council should also direct staff to place a high priority on analyzing the
impacts of the current Boone County Comprehensive Plan on the City. The City Council
could consider delaying action on future subdivision requests in Boone County until the
City understands and is prepared to manage these impacts on an area-wide basis.
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Location Map
Boone County Subdivisions
N I
0 875 1,750 3,500
Feet
ur
LAND11 USE MAP
LEGEND
Ames-Land,Use Policy Plan
Ames Urban Fein e'Plan - Ames Urban Fringe Designations
g _; (outside Ames City Boundary)
Rural Service and
of
Agricultural Conservation Area
Agriculture and Farm Service
Rural Residential
\� Parks and Recreation Areas
Urban Service Area
Urban Residential
i
Planned Industrial
R38
Community Commercial Node
Convenience Commercial Node
Rural Urban Transition Area
k= Rural Transitional Residential
6 ® Priority Transitional Residential
Highway-Oriented Commercial
- General Industrial
Industrial Reserve/Research ParEr
Agricultural/Subsurface Mining
, AgricuIturaULong-term Industrial Re
serve _
Gateway Protection Area
30 " Watershed Pro ec ion Area
Airport Protection Area
o.
-- — Natural Areas
T ® Ames City Boundary
FAmes 2 Mlles Limit and
Urban Fringe Boundary
__ _.. ___._—,___-- \e Gieek► i f Iowa State University Property
Government Owned land
A Boone County Future Land Use
' Ames Urban Fringe Area located in Boone
County.Future Land Use to be determined
- following completion of Boone County's
Comprehensive Plan Update and discussion
with other governments.
Story County Study Area
® Ames Urban Fringe Area located in'Story
s County Study Area'.Future Land Use to be
_ determined following the completion of Story
— J County's study and discussion with other
governments.
Ames Urban Fringe Plan Policies
Land Use Designations and Policies for Rural/Urban Transition
Area
This area is intended to be rural in character as it develops, but within an urban setting at some time
in the future, beyond the time horizon of the Ames Urban Fringe Plan. Urban services and
development standards are required for non-agricultural development in certain critical locations
within this area. Annexation agreements and/or other tools also may be utilized to ensure that the
future transition into the City of Ames or City of Gilbert is a smooth one.
The following policies apply to the entire Rural/Urban Transition Area (RUTA)
RUTA Policy 1: Rural-type services and development standards are often acceptable in
the Rural/Urban Transition Area, but urban services and standards may be required in
certain critical locations or in response to certain intensities of development. (Relates to
RUTA Goal 3.1, 3.3)
RUTA Policy 2: At the discretion of the cities,annexation agreements and other tools may
be utilized to ensure that new development is prepared for potential annexation in the future.
(Relates to RUTA Goal 3.2)
RUTA Policy 3: Ames, Gilbert, Story County and Boone County seek to accommodate
public preferences by permitting an expanded range of rural development options that allow
orderly and efficient future transition between urban and rural land uses. (Relates to RUTA
Goal 3.1, 3.4)
RUTA Policy 4: Permit interim development to occur in a manner that will support long-
term urbanization of the Ames Urban Fringe. (Relates to RUTA Goal 3.2)
RUTA Policy 5: Limit development in areas that would create a need for the upgrade of
roads before they are scheduled in the appropriate jurisdiction's capital improvements
program. Where proposed development will potentially increase the traffic volumes in
excess of the current road capacity, provide for the cost of road improvements at the time of
development. (Relates to RUTA Goal 3.5)
Highway-Oriented Commercial (HOC)
This designation applies to commercial land uses along arterial corridors that are primarily designed
to accommodate the automobile. It is intended to provide for an orderly and efficient transition
between existing or future urban areas and the rural, unincorporated areas.
HOC Policy 1: Highway-Oriented Commercial designation includes commercial uses that
are more compatible with the characteristics of rural areas than with urban commercial
corridors and centers.
HOC Policy 2: Strategically locate Highway-Oriented Commercial in targeted areas along
high traffic transportation corridors. (Relates to RUTA Goal 3.2. 3.5)
HOC Policy 3: Give preference to clustering of uses in order to limit the short-term and long-
term costs associated with infrastructure improvements and the distribution of public
services. (Relates to RUTA Goal 3.2, 3.4)
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HOC Policy 4: Require urban transportation infrastructure to meet the demands of high
vehicular movement. (Relates to RUTA Goal 3.2, 3.3)
HOC Policy 5: Require full urban infrastructure standards under certain conditions such as
location with respect to existing or planned urban infrastructure, intensity or size of
development improvements,timing of development, development design, and commercial
use, such as a restaurants, water intensive uses, or places designed for the gathering of
people. Such urban infrastructure standards may include, but not be limited to,wastewater
treatment and potable water distribution of sufficient size to support emergency services. If
these improvements are not installed at the time of development, require infrastructure
assessment agreements. (Relates to RUTA Goal 3.2, 3.3)
HOC Policy 6: Where the city does not require urban standards,require temporary common
wastewater collection systems that meet IDNR and city specifications, and temporary
common water distribution systems, such as wells or rural water services, that meet
specifications of the City of Ames or City of Gilbert. Require agreements that if and when the
property is annexed to a city,the land developer and/or landowner shall be responsible for
the full cost of abandoning the rural systems and connecting to urban infrastructure. (Relates
to RUTA Goal 3.2, 3.3)
HOC Policy 7: Make provisions to protect environmental resources, environmentally
sensitive areas and adjacent Natural Areas. (Relates to RUTA Goal 3.4)
HOC Policy 8: Mitigate and manage stormwater run-off, soil erosion, and wastewater
discharge according to IDNR, county and city standards. (Relates to RUTA Goal 3.4)
HOC Policy 9: Require annexation and development agreements to guide future transition
of the subdivision/development into the City of Ames or City of Gilbert. (Relates to RUTA
Goal 3.2)
Applicable Law
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 354.8. " . . . Governing bodies shall apply reasonable standards and
conditions in accordance with applicable statues and ordinances for the review and
approval of subdivisions. The governing body, within sixty days of application for
final approval of the subdivision plat, shall determine whether the subdivision
conforms to its comprehensive plan and shall give consideration to the possible
burden on public improvements and to a balance of interests between the
proprietor, future purchasers, and the public interest in the subdivision when
reviewing the proposed subdivision and when requiring the installation of public
improvements in conjunction with approval of a subdivision. . . ."
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."
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."
Section 23.302(10)(c) states that "The City Council may:
(i) deny any subdivision where the reasonably anticipated impact of such
subdivision will create such a burden on existing public improvements
or such a need for new public improvements that the area of the City
affected by such impact will be unable to conform to level of service
standards set forth in the Land Use Policy Plan or other capital project
or growth management plan of the City until such time that the City
upgrades such public improvements in accordance with schedules set
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forth in such plans; or
approve any subdivision subject to the condition that the applicant
contribute to so much of such upgrade of public improvements as the
need for such upgrade is directly and proportionately attributable to
such impact as determined at the sole discretion of the City. The
terms, conditions and amortization schedule for such contribution may
be incorporated within an Improvement Agreement as set forth in
Section 23.304 of the Regulations.
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CAF APPROVAL
SS BK SL
DM ;� JP
To be sent to:
Chuck Winkleblack
Hunziker& Associates
105 South 16th Street
Ames, Iowa 50010
Amanda Parke
Boone County Courthouse
201 State Street
Boone, Iowa 50036