HomeMy WebLinkAboutA013 - Council Action Form dated October 13, 2009 ITEM # 34
DATE 10-13-09
COUNCIL ACTION FORM
SUBJECT: PRELIMINARY PLAT FOR NORTHWOOD HEIGHTS SUBDIVISION, 4T"
ADDITION
BACKGROUND:
Hunziker Land Development Co., LLC seeks approval of a Preliminary Plat for Northwood
Heights 4th Addition, a subdivision in Section 20 of Franklin Township, an unincorporated
area of Story County within two miles of the Ames city limits. Four lots are proposed for
single family residences and six outlots set aside for open space, located on level terrain
two miles north of Ames on North Dakota Avenue. It is west of the Squaw Creek and south
of County Road E26. (See Attachment "A" Location Map)
Two roads serve the property: 199th Street on the north and 200th Street on the south,
which connect east of the platted area to form a loop. The roads are within easements
created by previous plats, but only a portion of the roads are within the area to be platted.
These are private roads maintained by the Northwood Heights I I Homeowners Association.
This homeowners association includes owners of the area to be platted and of 17
residentially developed lots to the east served by the roads. At the west edge of the
property, a 15-foot wide pedestrian easement provides a connection for residents who walk
the loop road, as does another 50-foot wide surface water flowage and pedestrian
easement in the center of the platted area.
The property within the plat is.19.2 acres in size. The four residential lots are 1.16 to 1.32
acres in size and each'is surrounded by an outlot that is proposed to be private open
space. (See Attachment"B" Preliminary Plat)The two remaining outlots at the east end of
the plat form a conservation area, adjacent to another conservation area outside the
platted area. The conservation area, open space, and road right-of-way account for 15.17
acres. With four residential lots on the remaining four acres, the net density is one unit per
acre.
In its review of a preliminary plat, Section 23.302 states that the Council shall determine:
• Whether the Preliminary Plat conforms to relevant and applicable design and
improvement standards in the City's subdivision regulations, the Land Use Policy
Plan (LUPP) and to other duly adopted plans.
• Whetherthe subdivision conforms to minimum levels of service standards setforth in
the LUPP for public infrastructure, and shall give due consideration to the possible
burden of the proposed subdivision on public improvements in determining whether
to require the installation of additional public improvements as a condition for
approval.
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Required infrastructure improvements for subdivisions are contained in Division IV of the
subdivision code, and include requirements for streets (including curbs and gutters),
sidewalks and walkways, bike paths, street lights, and street trees). They also include
requirements for water, sanitary sewer, and stormwater control. The Code of Iowa allows
the City to apply these standards within the Ames Urban Fringe.
Waiver of Subdivision Improvements Requirements. No subdivision improvements are
proposed for this subdivision. The applicant has requested that the City Council waive the
City's subdivision requirements regarding infrastructure, street trees, and street lighting.
(See Attachment "C" letter dated March 12, 2009) Ames Municipal Code Section 23.103
provides for such a waiver and includes the following criteria that must be met to grant the
waivers, and which allow the City Council to require conditions when granting such waivers.
• Strict compliance would result in extraordinary hardship to the Applicant.
• Strict compliance would prove inconsistent with the purpose of the Regulations
• Modifying or granting the waiver of the requirement will ensure that substantial
justice may be done and the public interest secured.
• The modification or granting of the regulation shall not have the effect of nullifying
the intent and purpose of the regulation.
• The granting of a modification or waiver shall be no more than necessary to
eliminate the hardship or conform to the purpose of the Regulations.
The Ames Urban Fringe Plan also anticipates such a waiver for some cases in the Rural
Transitional Residential land use areas and provides additional criteria. This report
contains proposed findings related to all of these policies and criteria.
Existing Plat Restriction. The subject property consists of two lots created by the
Northwood Heights 3�d Addition Final Plat. A note on this plat prohibits the owners of these
two lots from any further subdivision of the lots. (See Attachment "G," Northwood Heights
3`d Addition Final Plat) On October 11, 2005, the City Council waived the City's subdivision
requirements for public improvements to Northwood Heights 3rd Addition by Resolution No.
05-437,which referred to this restriction. The City Attorney has determined that in orderto
approve a plat that does not comply with the restriction on further division of the subject
property, the owners of lots within Northwood Heights 3rd Addition must consent in writing
to lifting the restriction. This Addition consists of two lots owned by the applicant and an
Outlot owned by the Northwood Heights II Homeowners Association. A letter has been
submitted from the Northwood Heights II Homeowners Association agreeing to the
proposed division into four developable lots. (See Attachment "F")
Utilities. The subject property is within the service area of Xenia Rural Water Association.
The Ames City Council approved Xenia's service to this area in 1996. City utility systems
extend to the city limits, which is two miles south of the subject property and three-quarters
of a mile east across the Squaw Creek valley. Under current codes, policies, and
standards, the City does not extend city utility systems beyond the city limits, except to
interconnect with other public utility providers. Limited exceptions relate to cases where the
City's electric service territory extends outside the city limits, and cases where a rural water
utility's request to provide. service within the City's two-mile fringe has been denied.
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Subdivisions are to be served by urban sanitary sewer and water systems at the
developer's expense. However, current City policy does not accommodate extending the
City's utilities beyond the city limits without annexation. The timing of annexation is at the
City's discretion based upon its ability to service the area.
With the building sites widely separated by the private open space, the subdivision would
be very inefficient to serve with City utilities. A likely location for any city sewer trunk line
serving this area is the Squaw Creek valley to the east. The rural residential area to the
east separates this site from that valley. Making the sanitary sewer connection through this
developed, residential area would be a further challenge to serving the subject property by
City utilities. These utility issues make it unlikely that the City would approve
annexation in the foreseeable future. If it is impossible to meet the City's standards
for utilities now and until after 2030, there may be an extraordinary hardship to the
applicant.
Future Assessment and Rural Water Buyout. The land.use policies for the subject area
and the Rural Transitional Residential land use areas are intended to keep open the option
for future annexation of these areas in the long-term future. Although annexation appears
unlikely now, if it did occur, the City would need to connect the project to the City's sanitary
sewer and water systems, which can be very costly. State law requires the buy-out of rural
water systems including lost revenues, a very difficult cost to determine in advance.
Additionally, in the future, the City may seek to assess the area residents for the costs of
future street and utility system improvements. To facilitate any future annexation, the
City land use policy requires the current property owners to agree to future
assessment and to buy out the rural systems. (See RTR Policies 4 and 5 in
Attachment "E")
Zoninq and Land Use. The following table describes the Story County zoning surrounding
the subject property.
Area Zoning Designation � Current Land Use
North R-1 Residential (Story County) Residences
South A-1 Agricultural (Story County) Wildlife habitat, residences
East R-1 Residential (Story County) Residences
West A-1 Agricultural (Story County) Row crop
The Ames Urban Fringe Plan designates the subject property and the properties
surrounding it on the north, east, and south as Rural Transitional Residential (RTR), a land
use designation within the Rural/Urban Transition Areas. The land across the road to the
west is designated Agricultural and Farm Service, land use designation within the Rural
Service and Agricultural Conservation Areas. (See also Attachment "D" Land Use Map)
One-eighth of a mile south is land designated as Urban Residential, where Ames will
annex. In this area, a minimum density of 3.75 units per acre is required.
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The Rural Transitional Residential land use designates single-family residential land use. It
is intended to be rural in character as it develops, but may be within an urban setting at
some time in the future. It therefore imposes a density range between one and 3.75 units
per acre. This is intended to establish an orderly transition between the urban areas to the
south, and the rural areas to the north. The residential land use proposed is consistent
with the City's land use policies if the density standards are met.
Net Density. Required density in the location of the proposed subdivision is between one
and 3.75 units per acres. The proposed 4-lot subdivision would achieve a gross density of
only 0.26 units per acre. However, the code allows density requirements to be calculated
as net density and allows open space to be netted out of the calculation. The applicant is
proposes six separate outlots designated as open space in order to meet the density
target.
Four of the outlots would be associated with and independently owned by each of the
four developable lot owners (proposed Outlots A, B, C & D). Note 8 on the Preliminary
Plat states "Open space easements on Outlots A - D will be granted to the Northwood
Heights II Homeowners Association for the use of all residents." The remaining two
outlots would be owned by the Northwood Heights II Homeowner's Association
(proposed Outlots E & F). The stated reason for dividing the open space into
individually owned outlots is that the Association neither wants to own or be responsible
to maintain more than two of the smaller outlots as open space. The proposal
therefore puts four of the outlots into individual ownerships, and requires each
owner to be responsible for the maintenance of their own outlot.
What is being proposed in this subdivision is a novel approach to meeting density
requirements. Typically private open space is owned in common by all owners of a
development, and maintained by the association. For example, The Reserve,
Bloomington Heights, Northridge Heights, and Ringgenberg Park all have private
open space excluded from a net density calculation, but in all of these cases, the
open space is owned in common by lot owners, and easements or agreements
specify the use (conservation, habitat and/or stormwater treatment) and
maintenance of the private open space.
Although the proposed approach to open space is unusual, it could nonetheless
serve to achieve density standards if the outlots meet the City's def'fiit of n,of open
space. Municipal Code Section 29.201(129) defines open space as"useable open
space designed and intended for the use of all residents o a reside:niial
development, including space dedicated to the public." Under this finition, the
space must, (a)serve a useful purpose, (b) be designed for the use of all residents of
the development, and (c), be accessible to all residents of the development. It could
be argued that independently owned outlots with no common design ,and no
common access for all residents would not meet this definition. In fact, from the
public's perspective, each combined developable lot and outlot could appear to be
one large private lot— i.e., the outlot could appear to be the resident's private back
yard — especially if the outlots were separated from each other by fences, and/or if
each outlot were put to a different use (e.g., one for a horse pasture, one for a corn
field, one planted in lawn, and one left unmaintained).
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With open space easements granting right of use of Outlots A - D to all Northwood
Heights II residents, the outlots may initially be considered private open space,
thereby bringing the plat into compliance with the density requirements. However,
to overcome the above practical deficiencies,staff suggested to the applicant that an
open space easement be imposed on the plat encompassing each of the outlots.
The easement would grant access rights to all owners within the Northwood Heights
development and describes how the Outlots A through F would be developed and
maintained consistent the definition of open space, including but not limited to:
a. allowing use of the Outlots as open space by all residents of Northwood
Heights Subdivision 2nd, 3rd and 4th Additions
b. prohibiting construction and other types of development in a manner that
would restrict use of these properties by all residents of Northwood
Heights Subdivision 2nd, 3rd,and 4th Additions
c. prohibiting construction or development thatwould physically divide these
Outlots into separate open space areas (e.g. fences) or to appear or
function only as private extensions of Lots 1 through 4
d. defining responsibilities for improvement and maintenance costs
e. defining maintenance activities required
f. defining responsibility for maintenance activities required
g. describing other provisions necessary for Outlots to function as Open
Space as defined by Ames Municipal Code Section 29.201
Community Growth. The Ames Land Use Policy Plan, along with the Ames Urban Fringe
Plan, set policies for community growth. The current Land Use Map, adopted by City
Council on April 22, 2008, establishes expansion areas to the northwest and southwest.A
study completed in 2006, established that when these areas are annexed and developed,
the community could have housing for a population of 63,500, when existing subdivisions
at that time were combined with both expansion areas. This meets the LUPP goal to
provide for a population of 60,000 to 62,000 by the year 2030. To preserve the City's
options for future growth beyond 2030, the Land Use Map establishes Priority Transitional
Residential land use areas. These areas, all north of Ames, could accommodate an
additional population of 5,350, according to a 2008 study. Compared with areas served by
Ames infrastructure, the already developed areas along Squaw Creek have larger lot sizes
and lower gross density, making it unlikely that the City will annex these developed areas.
Because the proposed Northwood Heights 4th Addition is located within an existing
rural residential area, and outside the southwest and northwest expansion areas,
and outside a Priority Transitional Residential area, it is not likely to affect
community growth in a manner inconsistent with City policies and plans.
Agreement for Future Annexation. Without the consent of land owners, under state law,
annexation of the subject property and surroundings would require involuntary annexation
or an 80/20 voluntary annexation. Both of these annexation methods are more difficult and
the outcome less certain than a completely voluntary annexation. To further reduce
potential impediments to longer term growth by voluntary annexation, the Ames
Urban Fringe Plan provides for agreements which bind current and future land
owners to voluntary annexation should the City request it. (See RTR Policy 7 in
Attachment "E")
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Environmental Resources. The goals and objectives of the LUPP include protecting
environmental resources, particularly water resources and natural areas. The proposed
Northwood Heights 4th Addition is not located within a designated Watershed Protection
Area. It is outside the area that drains into the back-up water supply at Ada Hayden
Heritage Park. It is not adjacent to any designated Natural Area. Although the AUF does
designate a Natural Area in the Squaw Creek valley to the east, it is separated from the
subject site by existing residences and a conservation area planted with native grasses and
forbs. The proposed development places four homes on 19 acres, each surrounded by
land that will remain largely undeveloped. The proposed plat is not likely to impact the
water resources or other environmental assets of the City.
A concern has been raised about the possibility of increased stormwater runoff from the
property if developed.as proposed and its impact on the property to the south, particularly a
pond. This is the natural flow of surface water in the area. Topography shows that the
area from area North Dakota Avenue flows east to Squaw Creek. The subject property is
currently in an agricultural field which is calculated to have a higher runoff factor than
residential lawns. Applying these factors indicates that water runoff should be
reduced should the area be developed.
Traffic and Transportation. No direct access to the lots within the plat will be allowed from
North Dakota, which is a County road.Access to each lot is by existing paved roads 16 feet
wide. No new streets are proposed. Staff has reviewed the roadway and found it to be in
very good condition. There are no potholes present and preventive maintenance activities
(crack sealing) have been performed fairly recently.The ditch sections along the pavement
length are very shallow; therefore, they are not a safety concern for a car that does leave
the roadway. There are numerous trees adjacent to the roadway, but a minimal amount of
them are within the clear zone.
The Code of Iowa, Ames Municipal Code, and City policies require consideration of the
impact of development on the transportation infrastructure of the City and allow the City to
assign costs to mitigate such impact when development occurs. The rule of thumb for
transportation impact is that there is an increase of 150 units before a formal analysis is
needed. Therefore, the four units proposed as part of Northwood Heights 4th Addition
would be insignificant in a traffic impact study that compares the proposed development to
the regional growth over the next 25 years. If a traffic impact study were to be done, the
results of the study would be highly questionable as it relates to the accuracy of the
conclusions. It is concluded that the proposed plat is not likely to impact the traffic or
transportation infrastructure of the City.
Sufficient right-of-way is provided for an urban street cross section. The street right-of-way
is identified on the proposed plan as "public." However, Story County will not accept
ownership of or maintain the new streets. Therefore, there is no public entity to accept
ownership and maintenance of the streets. Streets would not meet urban street
standards, although sufficient right-of-way is provided for future expansion and
dedication to a local jurisdiction.
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Sidewalks and Street Trees. The existing streets have a rural cross section with shoulders
and drainage ditches. There is not enough room on the existing shoulder to safely
accommodate a sidewalk, so any sidewalks would have to be on the side of the ditch
opposite the street. Street trees and sidewalks meeting City standards may require
grading of the drainage ditches and the trees to be planted outside the right-of-way,
but may not be consistent with the rural character called for by the Rural Transitional
Residential Areas policies.
Ames Urban Fringe Plan. The Ames Urban Fringe Plan designates this and other areas
for Rural Transitional Residential land use, rather than Priority Transitional Residential land
use, because of the many difficulties that the area presents for future urban expansion by
annexation. Based on current conditions and policy,this land and surrounding areas
are not needed to accommodate future population growth within Ames.
Subdivision Approval Authority. The boundary of the proposed project is within the Ames
Urban Fringe Plan. According to Code of Iowa Chapter 354 and Ames Municipal Code
Section 23.102(2)(b), the City of Ames has authority to review and either approve or
deny the proposed Preliminary Plat based on the possible burden on public
improvements, on its subdivision regulations, on the Ames Land Use Policy Plan,
and on all other City plans, regulations or ordinances. Story County will also review
and take action on the Preliminary Plat.
Conclusions. Based upon the above analysis, findings and conclusions, the staff further
concludes that
• Application of infrastructure standards would result in extraordinary hardship to the
Applicant — The hardship in this case is the impossibility of meeting the City's
standards not only at the current time, but beyond 2030, since no utility connections
or annexation will be available.
• Application of infrastructure standards would prove inconsistent with the purpose of
the Regulations — The purpose of the subdivision regulations is to encourage
orderly development and provide for the regulation and control of the extension or
urban areas consistent with the land use policies of the City. Those policies are
based on the very low likelihood that future expansion to this area will occur.
• Substantial justice will be done in the granting of the requested waivers — Not
granting the waiver would deny residential use of this land, when City policies
designate it for that use and allow the waiver.
• The public interest can be secured without nullifying the intent and purpose of the
Regulations by imposing conditions on the waiver — Conditions are addressed
below.
• The location and characteristics of the proposed development are not critical to
accommodating the future growth of the community and are not expected to impact
the public improvements or environmental resources of Ames.
• The Plat is consistent with Ames Land Use Policy Plan and other City plans,
provided that the proposed open space is designed and maintained in such a
manner that facilitates its use as open space to all owners within the plat and
therefore justifies its removal from the density calculation.
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• The Ames Urban Fringe Plan designates this and other areas for Rural Transitional
Residential land use, rather than Priority Transitional Residential land use, because
of the many difficulties that the area presents for future urban expansion by
annexation. Based on current conditions and policy, this land and surrounding
areas are not needed to accommodate future population growth within Ames.
Public Input. Letters have been received from five people opposing the proposed waiver
and Preliminary Plat (attached). Their comments can be summarized as follows:
• Traffic of all kinds, motor vehicles, bicycles,joggers, pedestrians and a few horses, has
increased on North Dakota over the past years. This traffic and the lack of road
shoulders present a serious safety hazard to the public, which will increase if the
subdivision is approved.
• The two streets serving Northwood Heights (199th and 200th)are too narrow for vehicles
to pass each other without one pulling off to a very narrow shoulder, even worse when
a school bus or large vehicles are involved. The radius of the loop on the east end is
very short, making it difficult to make turns, even for one car. When it was paved in
1999, the road did not meet county or city standards for width or pavement thickness,
which the Homeowners Association, City of Ames and Story County knew at that time.
The Municipal Engineer at the time stated that if the subject property was further
divided, the road would be required to be improved to meet the standards. This
condition continues and is a public safety issue, to be made worse if more lots are
created and developed. Severe injury or death will result eventually.
• 200th Street is also substandard in that it is not contained within the right-of-way,
particularly on the south side near Lots 17 and 18 of Northwood Heights II.
• The roads are not lighted, increasing the safety hazard at night.
• The narrow road width can also make it difficult for emergency response vehicles to
reach sites along these roads. This has hampered response to several recent fires,
which threatened more severe property damage than would have been the case if fire
access had been adequate. More catastrophic damage could happen from the next
fire.
• North Dakota, 199th. and 200th Streets should be improved before additional
development is approved.
• Contaminated ground water and surface runoff already cause environmental
deterioration of properties to the south and southeast, as well as to a pond in this area.
Children play in and around this pond, and increased pollution from more development
will be a health hazard.
• The city's subdivision regulations are established to protect the health and safety of the
present and future residents and therefore should not be waived when the result is that
known safety, environmental and health hazards will continue. This is contrary to the
Ames Municipal Code criterion that a waiver of the subdivision regulations not be
contrary to the purpose of the regulations.
• Considering that the Ames Urban Fringe Plan designates land south of this proposed
development as Urban Residential, the platting of more lots on the subject property now
will lead more quickly to further division of the property into more than four lots and
eventual annexation into the City of Ames.
• Current residents south of Northwood Heights value the rural environment and the
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ability to have horses, which more development will threaten.
• Restrictive covenants require these lots to be two acres or larger.
Recommendation of the Planninq & Zoning Commission. At its meeting of May 6, 2009,
the Planning and Zoning Commission reviewed the proposal, with discussion concerning
the plat restriction on further lot splits, and on the likely maintenance of the private open
space and who would be responsible for it. The Commission unanimously recommended
approval of the Preliminary Plat for Northwood Heights Subdivision, 4th Addition with the
following conditions to be met prior to Final Plat approval by the City Council:
A. An agreement shall be provided whereby the property owner waives his
or her right to protest a future annexation.
B. An agreement shall be provided for any future assessment for the costs
of City subdivision improvements should they be required in the future.
C. An agreement shall be provided whereby the landowner shall be
responsible for the full cost of abandoning any rural water and sewer
systems and connecting to urban infrastructure.
D. An easement document shall be provided establishing rights and
responsibilities for Outlots A through F, including but not limited to:
i. allowing use of the Outlots as open space by all residents of
Northwood Heights Subdivision 2nd, 3rd and 4th Additions
ii. prohibiting construction and other types of development in a
manner that would restrict use of these properties by all
residents of Northwood Heights Subdivision 2nd, 3rd and 4th
Additions
iii. prohibiting construction or development that would physically
divide these Outlots into separate open space areas (e.g.
fences) or to appear or function only as portions of Lots 1
through 4
iv. defining responsibilities for improvement and maintenance
costs
v. defining maintenance activities required
vi. defining responsibility for maintenance activities required
vii. describing other provisions necessary for Outlots to function as
Open Space as defined by Ames Municipal Code Section
29.201
E. These agreements shall bind all future owners of all of the property
being platted.
F. That a clear resolution regarding the plat restriction of Northwood Heights, 3rd
Addition on further division of the two lots that comprise the subject property
be determined by the City Attorney prior to the Preliminary Plat for
Northwood Heights, 4th Addition moving forward to City Council.
(Note that Attachment"F"satisfies the Planning and Zoning Commission condition F.)The
Commission also agreed that it should bring back to a future meeting the minimum density
and open space issues.
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ALTERNATIVES:
1. The City Council can
a. approve the waiver of all of the standards of Chapter 23 Division IV of the Ames
Municipal Code and also approve the Preliminary Plat for Northwood Heights 4th
Addition, based upon the above findings and conclusions, with the following
conditions to be met prior to Final Plat approval by the City Council:
i. An agreement shall be provided whereby the property owner waives his or
her right to protest a future annexation.
ii. An agreement shall be provided for any future assessment for the costs of
City subdivision improvements should they be required in the future.
iii. An agreement shall be provided whereby the landowner shall be responsible
for the full cost of abandoning any rural water and sewer systems and
connecting to urban infrastructure.
iv. These agreements shall bind all future owners of all property being platted.
and
b. direct staff and the Planning and Zoning Commission to consider amendments
to the definitions of open space used for determining compliance with the city's
minimum density policies.
2. The City Council can approve the waiver of all of the standards of Chapter 23 Division
IV of the Ames Municipal Code and also approve the Preliminary Plat for Northwood
Heights 4th Addition, based upon the above findings and conclusions,with the following
conditions to be met prior to Final Plat approval by the City Council:
A. An agreement shall be provided whereby the property owner waives his or her
right to protest a future annexation.
B. An agreement shall be provided for any future assessment for the costs of City
subdivision improvements should they be required in the future.
C. An agreement shall be provided whereby the landowner shall be responsible
for the full cost of abandoning any rural water and sewer systems and
connecting to urban infrastructure.
D. An easement document shall be provided establishing rights and
responsibilities for Outlots A through F, including but not limited to:
i. allowing use of the Outlots as open space by all residents of
Northwood Heights Subdivision 2nd, 3rd and 4th Additions
ii. prohibiting.construction and other types of development in a manner
that would restrict use of these properties by all residents of
Northwood Heights Subdivision 2nd, 3rd and 4th Additions
iii. prohibiting construction or development that would physically divide
these Outlots into separate open space areas (e.g. fences) or to
appear or function only as private extensions of Lots 1 through 4
iv. defining responsibilities for improvement and maintenance costs
V. defining maintenance activities required
vi. defining responsibility for maintenance activities required
vii. describing other provisions necessary for Outlots to function as Open
Space as defined by Ames Municipal Code Section 29.201
E. These agreements shall bind all future owners of all of the property being
platted.
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3. The City Council can deny the waiver of all of the standards of Chapter 23 Division IV of
the Ames Municipal Code, and also deny the Preliminary Plat for Northwood Heights 4tn
Addition, if it finds that impacts of the proposed development cannot be mitigated and
the development is not consistent with all applicable laws and policies. The City Council
should develop findings of fact and conclusions that support a decision of denial.
4. The City Council can deny the waiver of all of the standards of Chapter 23 Division IV of
the Ames Municipal Code, and also deny the Preliminary Plat for Northwood Heights 4tn
Addition, if the Council does not agree to lifting the Northwood Heights 3rd Addition
Final Plat restriction on the further division of the proposed plat area.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed development creates four lots and private open space without any public
improvements planned. The policies of the Ames Urban Fringe Plan require case-by-case
decisions about waiving urban infrastructure for this land use designation. Although some
neighbors have raised concerns about the safety of the existing roads that serve the
proposed plat and the about stormwater runoff, city and state codes require that the
impacts of the proposed subdivision be the basis for the decision. The proposed
subdivision would create two new developable lots, which will not have a significant impact
on these conditions. Neighbors have also stated that restrictive covenants require these
lots to be at least two acres; such covenants are private agreements and not within the
City's jurisdiction.
Regarding the open space issue, staff's suggested language for an easement was
intended to overcome the practical deficiencies presented by the way the open space is
being defined. Subsequent to the Planning and Zoning Commission review, however, the
applicant has expressed concern over the easement conditions, because they have never
been imposed before and because this small property is not in the city. The burden of this
proposal on the City and its infrastructure is one of the primary standards for review of the
plat. Because of the location of the project there would be minimal, if any, impact on the
City from the way this open space might evolve. The bigger impact is the precedent this
would place on future development even within the City. However, the solution to that
potential burden needn't be placed on the back of this single development.
The above findings, and conclusions, -and the criteria of the Ames Urban Fringe Plan
support the waiver of all of the standards of Chapter 23 Division IV of the Ames Municipal
Code. The compliance of the proposed plat with the density policy of the Ames Urban
Fringe is based on designation by easement of four, individually owned lots as open space
that can be used by Northwood Heights residents. Therefore, it is the recommendation
of the City Manager that the City Council act in accordance with Alternative #1, to
approve the waiver of all of the standards of Chapter 23 Division IV of the Ames
Municipal Code and also approve the Preliminary Plat for Northwood Heights 4t" In
addition, based upon the above findings and conclusions, with the following
conditions to be met prior to Final Plat approval by the City Council:
I. An agreement shall be provided whereby the property owner waives his
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or her right to protest a future annexation.
ii. An agreement shall be provided for any future assessment for the costs
of City subdivision improvements should they be required in the future.
iii. An agreement shall be provided whereby the landowner shall be
responsible for the full cost of abandoning any rural water and sewer
systems and connecting to urban infrastructure.
iv. These agreements shall bind all future owners of all of the property
being platted.
Signed agreements consistent with conditions i through iv have been submitted. Following
this City Council action, if Story County approves the Preliminary Plat, the final plat
documents will be prepared and submitted to the City Council for final approval of the
subdivision.
As stated above, staff is concerned about future impact on the City if this type of
individually owned open space is applied to plats within the City in order to conform
to density standards. The purpose of deducting open space from the minimum
density determination is to protect steep slopes,sensitive natural areas and "green"
areas many people value and believe help to make Ames a great place to live. This
represents a trade-off: accepting higher on-going cost for infrastructure in exchange
for the preservation of green areas.
If "open space" is divided into small lots, independently owned by abutting
individual residences, and developed and maintained according to individual
preferences, does it really function as open space, or meet the definitional
requirement that the open space be designed for and used by all residents within the
development— even if an easement grants access rights to neighbors? Will such
open space look any more inviting to neighbors than the private back yards of
developments with all larger lots? Is this an acceptable trade-off?
In order to consider these issues, It is also the recommendation the City Manager
that the City Council direct staff and the Planning and Zoning Commission to
consider amendments to the definitions of open space used for determining
compliance with the city's minimum density policies.
12
ATTACHMENT A
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0 445 890 1,780
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13
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1
ATTACHMENT C
15
Date: March 12, 21009
To: City of Ames
From. Chuck Winkleblack
14-unziker Land Development
R& Noi-thwood Heights 4th addition-
Hunziker Land Development is requesting a waiver of the subdivision requirements
regardinig,infrastructure, street trees and street lighting.for the proposed subdivision at
Northwood Heights.. This proposed subdivision
subd is a re-platting, Of two existing lots into
four proposc-,dlots and some additional land tobe deeded to the home owners association.
I have met with the Home owners association and residents of;the-subdivision and believe
that the Plat that.I.am submitting meets the needs and dosims of the Developer and the
existing residents.
The Developer agrees to waive the right to protest any, future assessments by the City of
Ames should the ground become part of the. corporate limits.of I Ames.
pettflully submitted,
1AUt u
Clfuck'vVinkleblack, Manager
Hunziker]Land Development
tj
PR E E I V E
M!A R 1 2 2009
0 1'r Y Ot WAM8, IOWA
.DEFT OF PLANNIN%4 HOUSING
16
ATTACHMENT D
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17
ATTACHMENT E
From Ames Urban Fringe Plan
Adopted July 17, 2006
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)
The following land use designations are planned in the Rural/Urban Transition Area:
Rural Transitional Residential (RTR)
Areas designated Rural Transitional Residential are located in areas where urban
infrastructure may not be in place for a time period beyond the Ames Urban Fringe Plan
planning horizon. Rural Transitional Residential development is designed to transition
seamlessly into adjacent rural residential and agricultural land use, providing buffers where
necessary to separate residences from particularly intense or noxious agricultural activities.
Residential densities with this designation are between rural densities and urban densities.
18
0
RTR Policy 1: This land use designation includes all single-family and two-family residential
land uses/developments that involve average net densities between one unit per acre and
3.75 units per acre. (Relates to RUTA Goal 3.2)
RTR Policy 2: Strategically locate Rural Transitional Residential land uses in areas where
they can provide for an orderly and efficient future transition between land uses within the
likely future extent of municipal limits and the unincorporated area. (Relates to RUTA Goal
3.2)
RTR Policy 3: Encourage clustering of residential sites within these land areas 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)
RTR Policy 4: Depending on location, density of units, size of lots, timing of development,
development design, clustering of proposed sites, or other considerations, require full urban
infrastructure standards. If the City does not require these improvements to be installed at
the time of subdivision, require infrastructure assessment agreements.
(Relates to RUTA Goal 3.2, 3.3, 3.5)
RTR Policy 5: Any decentralized wastewater treatment facilities, wells and supporting
infrastructure shall meet IDNR, county, and city standards. Other rural development
standards may be acceptable on a case-by-case basis. 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)
RTR Policy 6: Make provisions to protect environmental resources, environmentally
sensitive areas and adjacent Natural Areas. (Relates to RUTA Goal 3.4)
RTR Policy 8: Mitigate and manage stormwater run-off, soil erosion, and wastewater
discharge according to IDNR and city standards. (Relates to RUTA Goal 3.4)
RTR Policy 7: Require annexation agreements and developer agreements in instances of
new development that is particularly intense, or that occurs in certain critical locations.
(Relates to RUTA Goal 3.2) . . .
(continues with other land use designations unrelated to this case)
19
ATTACHMENT F
Date: September 15, 2009
To: City of Ames RECEIVED
515 Clark Ave
00
AraesjA 50010
OTE P J_y OF AMES IOWA From: Northwood.Heights Neighborhood Association 01!!Y OF AMES, IOWA
0 PLANNING
JININr% 8 H
Tom Davenport, President L.DEPT Or- PLANNING & HOUSING
RE: Northwood.Heights 4h addition
To Whom It May.Concern:
The board of the Northwood Heights Neighborhood Association has been made aware of
the owners/developers intention'to subdivide lots I and 2 of, iorthwood Heights 3'
addition. .At the association meeting'held on:,june ITh of this year a quorum of the
membership made the following motion:
Drue Sanders.made the following.motion: Northwood Heights Ibis not opposed to
dividing the center lots into 4 lots, subject,to the Association being able to review the
fitk-.d.documentation..Linda Borst seconded the motion. The motion was approved, with
one abstention.
Please contact me if have any additional questions
Sincerely,.
Tom Davenport;President
Northwood Heights Neighborhood Association
20
ATTACHMENT F
$'Judy K ParkslCOi4 To" aJeff D BensonfCOA@COA
1 010712 0 0 9 C4:37 PM, cc
%bcc.�
_.................. ................................. _
w- ... ........
Subject``Re:need written record on decision Northwood Heights plat restriction
r,
Thankyou forforwarding to me the letterfrom the Northwood Heights HOA concerning their action regarding the plat restriction
noted on the plat of Northwood Heights 3rd Addition.
You had requested an written opinion indicating whether that restriction imposes an impedimentto approval of the proposed 4th
Addition,and if so,what is needed to change that restriction to resolve it so that the matter can proceed forward for City Council
consideration. You had also asked ifwhat has been furnished is sufficient documentation.
Byway of background,when Northwood Heights 3rd Addition was platted,three parcels were involved,Lots 1,2,and OutlotA.The
properties included in that plat were owned by two owners.The Northwood Heights Homeowners Association owned OutlotA and
still does.The other two lots,Lots 1 and 2, were then and are still owned by Hunziker Land Development.Atthe time the 3rd
Addition was platted,all parties to that plat agreed to inclusion of a plat restriction,noted on the face of the plat that specifically
restricted the owners of Lots 1 and 2 from any further subdivisions oftheir lots.
Northwood's 41th Addition is now proposed, which is a subdivision that would,if approved,further divide Lots 1 and 2.Since this
would be in apparent contradiction to the limitation agreed to and placed on the 3rd addition plat it was my determination that the
City should not recommend approval of the 4th Addition unless and until there was evidence that the restriction had been changed
in away which would allow the subdivision.I advised that the City needed documentation from the landowners who agreed to
place the restriction therein the first place that they now have agreed to change it.The two landowners who agreed to place the
restriction on the plat ofthe 3rd Addition were Hunziker Land Development and the Northwood Heights Homeowners Association.
Hunziker Land has implicitly agreed to have the restriction changed, as it is made application expressly seeking the further
division of Lots 1 and 2.The City has recently been provided with a letterfrom the owner of the other lot the HOA as owner of Outlot
A,which documents that the governing body of the Homeowners Association has met and approved the division of Lots 1 and 2 as
shown on the proposed plat of Northwoods 4th Addition.The Board took this action subject only to being able to review the final
documentation.
Based on what has been provided,it is my opinion that the City has documentation that establishes consent of the landowners
has been given to change the restriction which was placed on the 3rd Addition plat. This resolves the issue of the plat restriction so
that this matter can move forward in the process toward consideration by the City Council.
Judy Parks,Asst City Attorney
21
ATTACHMENT G
NORTHWOOD HEIGHTS SUBDIVISION P"
THIRD ADD1770N AN OPTIMAL RKPLAT
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22