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HomeMy WebLinkAboutA006 - Resolution No. 03-040 adopted January 28, 2003 RESOLUTION NO. 03-040 RESOLUTION APPROVING REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS FOR PROPERTY GENERALLY LOCATED AT THE NORTH END OF "XE PLACE," OUTSIDE THE CORPORATE LIMITS OF THE CITY OF AMES IN BOONE COUNTY (TO BE KNOWN AS GENE HARRIS SECOND SUBDIVISION) WHEREAS, the property owner is requesting approval of a Preliminary Plat and waiver of the requirement to install public infrastructure to City of Ames.standards; and WHEREAS,the proposed Subdivision is generally located at the north end of"XE Place,"in Boone County, within two miles of the Ames corporate limits, and as such, is subject to the subdivision regulations of the City of Ames; WHEREAS, staff believes that it is reasonable to allow rural water service and/or wells in this proposed Subdivision,and septic systems,as approved by B oone County,without the requirement to install dry pipes for future connections to municipal water and sanitary sewer services for the following reasons: 1. The proposed Subdivision is located outside the projected growth area for the City of Ames to the Year 2030. 2. Municipal utility services are located approximately one mile from the proposed Subdivision. 3. Boone County requires approval of all proposed wells and septic systems. 4. The City has no plans to extend utility services to this area at any time in the foreseeable future. WHEREAS, staff believes that, if the City Council grants a waiver from the requirement to install public infrastructure to City of Ames standards, the developer should be required to sign, prior to the approval of the Final Plat, a Waiver of Rights to Appeal Assessments Agreement and 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 of Ames. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the request for waiver of subdivision regulations for the installation of public infrastructure for the proposed Subdivision generally located at the north end of"XE Place," outside the corporate limits of the City of Ames is hereby approved subject to the aforementioned stipulations. ADOPTED THIS 28'day of January, 2003. Diane R. Voss, City Clerk Ted Tedesco, Mayor Introduced by: Cross Seconded by: Wirth Voting aye: Cross, Goodhue, Quirmbach, Mahayni, Vegge, Wirth Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 28th day of January, 2003.