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Home My WebLink AboutA005 - Council Action Form dated January 28, 2003 - preliminary plat not scanned ITEM # a DATE 01/28/03 COUNCIL ACTION FORM SUBJECT: A RESOLUTION TO APPROVE THE PRELIMINARY PLAT FOR GENE HARRIS SECOND SUBDIVISION, GENERALLY LOCATED AT THE NORTH END OF "XE PLACE", CONTAINING APPROXIMATELY 4.87 ACRES, OUTSIDE THE CITY'S CORPORATE LIMITS IN BOONE COUNTY, AND A RESOLUTION WAIVING THE SUBDIVISION ORDINANCE REQUIREMENTS TO INSTALL PUBLIC INFRASTRUCTURE, TO CITY OF AMES STANDARDS, IN THE PROPOSED SUBDIVISION. BACKGROUND: Subdivision Requests. The property owner is requesting approval of a Preliminary Plat for Gene Harris Second Subdivision. The property owner is also requesting waiver of the requirement to install public infrastructure to City of Ames standards. A letter from the property owner, requesting waiver of subdivision ordinance requirements for installation of public infrastructure, was referred to City staff by the City Council on December 10, 2002. Location. The proposed subdivision is generally located at the north end of"XE Place", in Boone County, within two miles of the Ames corporate limits. Since the subdivision is located within two miles of Ames, it is subject to the subdivision regulations of the City of Ames. Land Division. The proposed subdivision includes two (2) lots and two (2) outlots, and contains approximately 4.87 acres. "Lot 1" includes 3.938 acres of land that is currently unplatted. "Lot 2" includes 0.546 acres, and is a replat of "Lot 7, Gene Harris First Subdivision". Outlots "F" and "G" include only the public right-of-way for the extension of "XE Place" Lot Frontage. Lots 1 and 2 are proposed with frontage on "XE Place". Description. The proposed subdivision is described as: Part of the S '/2 SW '/ Section 1, T83W, R26W, including a replat of Lot 7, Gene Harris First Subdivision ANALYSIS: Boone County Zoning. The Boone County zoning designation on the property proposed for re-platting is "C-1" (Commercial). There is no minimum lot area required for land zoned as C-1 (Commercial). Land Use Policy Plan (LUPP). The subject property is designated on the Future Land Use Map as "Agricultural/Farmstead". The "Agricultural/Farmstead"designation includes areas associated with crop production, animal husbandry, and fallow areas. The term "Farmstead" refers to the presence of a dwelling unit associated with a specific area for agriculture. The proposed subdivision is not located in an area planned for residential, commercial, or industrial expansion. Areas planned for expansion are designated as "New Lands" on the LUPP Map. It is the goal for"New Lands"to meet most of the projected residential growth for the City of Ames, including the land area within two (2) miles of the corporate limits, to the year 2030. Goal No. 5 of the LUPP supports a policy that requires urban infrastructure improvements in rural and urban subdivisions that fall within the two-mile subdivision jurisdiction of the City of Ames, and reads as follows: "It is the goal of Ames to establish a cost-effective and efficient growth pattern for development in new areas and in a limited number of existing areas for intensification. It is a further goal of the community to link the timing of development with the installation of public infrastructure including utilities, multi-modal transportation system, parks and open space." Streets. The Final Plat of Gene Harris First Subdivision, as approved by the Boone County Board of Supervisors, includes"XE Place", a public street right-of-way that is eighty (80) feet wide. "XE Place" will provide public access to the proposed subdivision. Boone County repairs and maintains this "county street". The Preliminary Plat of Gene Harris Second Subdivision includes an extension of "XE Place" to serve proposed "Lot 1" and future development of land to the west. The City of Ames requires a minimum right-of-way width of sixty-six (66) feet to serve a commercial development. The proposed extension of"XE Place" at a width of eighty (80) feet, will serve the proposed subdivision and meets the minimum standard for public right- of-way width in commercial subdivisions, as required by the City of Ames. Utilities. No public or private water and sanitary sewer service is proposed for "Lot 1". "Lot 2" can be provided with water service from Xenia Rural Water District, or an on-site well, if needed. Sanitary sewer service would require a septic system, approved by Boone County. To serve the proposed subdivision with municipal water and sanitary sewer service would require that water and sanitary sewer mains, meeting the design and specifications of the City of Ames, be extended along West Lincoln Way, a distance of approximately one (1) mile to the east boundary of the proposed subdivision. Further, since the proposed subdivision is not inside the corporate limits, municipal water and sanitary sewer infrastructure would not be extended without annexation of the land included in the subdivision, and all land between the corporate limits of Ames and the proposed subdivision. 2 The proposed subdivision is located inside the boundaries of the Alliant Energy service area. Waiver of City Requirements for Installation of Public Infrastructure in the Proposed Subdivision. Staff believes it is reasonable to allow rural water service and/orwells in this proposed subdivision, and septic systems, as approved by Boone County, without the requirement to install dry pipes for future connections to municipal water and sanitary sewer services for the following reasons: • The proposed subdivision is located outside the projected growth area for the City of Ames to the year 2030; • Municipal utility services are located approximately one (1) mile from the proposed subdivision; • Boone County requires approval of all proposed wells and septic systems; and, • The City has no plans to extend utility services to this area at any time in the. foreseeable future. If the City Council grants a waiver from the requirement to install public infrastructure to City of Ames standards, staff believes that the developer of "Gene Harris Second Subdivision" should be required to sign a "Waiver of Rights to Appeal Assessments Agreement". In addition, staff believes that the property owner should be required to sign an agreement that requires the property owner to pay any and all costs related to disconnection of the rural water facilities at the time land in the Gene Harris Second Subdivision is annexed into the City. These agreements would be prepared by the Ames City Attorney and signed by the developer prior to, or at the time of application to the City of Ames for approval of the Final Plat for Gene Harris Second Subdivision. In the event the subject property is incorporated into the City of Ames, the subdivision's future landowners would be legally bound to allow for the installation of infrastructure by the City of Ames. Future landowners would also be required to pay for the cost of installation of municipal infrastructure serving the subdivision, and all costs related to disconnection of the rural water facilities. Emergency Response. The City of Ames acts as a second response to the fire services that cover the fringe areas of Ames. The Kelley Volunteer Fire Department is the primary fire service provider for the subject area. In the event that a volunteer or rural fire department requests the services of the City, the Ames Fire Department will assist if resources are available. Development within the fringe area raises concern about the increased frequency that the emergency services of Ames may be called upon to assist in emergency situations. Whenever City services are utilized for non-City purposes,the level of service quality to the citizens of Ames potentially decreases. 3 Medical services would be provided to the subject property by either the Boone County Public Hospital, in the City of Boone, or by Mary Greeley Medical Center (MGMC), in Ames, depending upon which hospital was contacted for assistance. Increased rural development creates the potential for an increased demand on the emergency medical response service from MGMC. In the event that would occur, there could be a need to increase the emergency capacity at MGMC. Stipulations. Staff recommends that the following stipulations be placed upon the approval of the Preliminary Plat for the Gene Harris Second Subdivision to assure that it will be developed in a manner that is consistent with the adopted ordinances, plans, and policies of the City of Ames: 1. Waiver, by the City Council, of the requirement to install public infrastructure to City of Ames standards, is required prior to approval of the Preliminary Plat. 2. A "Waiver of Rights to Appeal Assessments Agreement", prepared by the City Attorney, must be signed by the developer prior to consideration of the Final Plat by the City Council. 3. An agreement that requires the property owner to pay any and all costs related to disconnection of the rural water facilities at the time land in the Gene Harris Second Subdivision is annexed into1he City. RECOMMENDATION OF THE PLANNING &ZONING COMMISSION: The Planning & Zoning Commission reviewed this request at their meeting of January 15, 2003 and recommended approval of the Preliminary Plat with the following stipulations: 1. Waiver, by the City Council, of the requirement to install public infrastructure to City of Ames standards, is required prior to approval of the Preliminary Plat. 2. A "Waiver of Rights to Appeal Assessments Agreement", prepared by the City Attorney, must be signed by the developer prior to consideration of the Final Plat by the City Council. 3. An agreement that requires the property owner to pay any and all costs related to disconnection of the rural water facilities at the time land in the Gene Harris Second Subdivision is annexed into the City. 4 ALTERNATIVES: 1. The City Council can approve a resolution waiving the subdivision ordinance requirements to install public improvements to City of Ames standards, and approve the Preliminary Plat for "Gene Harris Second Subdivision", with the stipulations described in this report. 2. The City Council can deny the waiver of the subdivision ordinance requirements to install public improvements to City of Ames standards, and deny the Preliminary Plat for "Gene Harris Second Subdivision". 3. The City Council can approve a resolution waiving the subdivision ordinance requirements to install public improvements to City of Ames standards, and the Preliminary Plat for "Gene Harris Second Subdivision", with modifications. 4. Action on these requests can be postponed and referred back to City staff and/or the applicant for additional information. MANAGER'S RECOMMENDED ACTION: It is recommended that Alternative #1 be adopted. Alternative #1 is approval of a resolution waiving the subdivision ordinance requirements to install public improvements to City of Ames standards, and approve the Preliminary Plat for "Gene Harris Second Subdivision", with the stipulations described in this report. Attachment l 5 Waj a e �d ai 215TH ST y-. 4 5 / { I^ k � Subject Area { �..� ai > f r LINCOLN WAY T . a � f �" 3 G yi tiy, q � � w � r 240th St. Ak Dj ATMOOR R UMWALT STATION RD Cn �1 EF O r = N CD O > N y tri D � m iTl Location Map N W E S Prepared by the Department of Planning and Housing 0 1 6253250 6,500 9,750 13,000 Map Prepared. 1212612002 Feet