HomeMy WebLinkAboutA002 - Council Action Form dated July 31, 2018 ITEM # 39 a&b
DATE: 07-31-18
COUNCIL ACTION FORM
SUBJECT: REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS AND
APPROVAL OF A THREE LOT MINOR SUBDIVISION FINAL PLAT
FOR REINHARDT FARM SUBDIVISION AT 2221 220TH STREET IN
BOONE COUNTY
BACKGROUND:
The property owners of 2221 2201" Street, Roger Reinhardt and John Reinhardt, are
requesting that the City Council waive the public improvement requirements and
standards of Article IV of the subdivision chapter of the Ames Municipal Code and
approve a final plat for Reinhardt Farm Subdivision in unincorporated Boone County
(see Attachment A). The subject property is located west of the Boone/Story County line
and contains row crops abutting a single family residence on a farmstead (Shown as
parcel B) that was recently divided from the row crop portion by Plat of Survey approved
by City Council in 2017. The subdivision proposes two lots, both proposed as row crop
lots, to be used for farming. (see Final Plat Reinhardt Subdivision Attachment B).
In May, 2018 City Council referred to staff a letter from John Jordan of Jordan and
Mahoney Law Firm representing Roger Reinhardt and John Reinhardt seeking a
waiver of subdivision infrastructure requirements within the Ames Urban Fringe
in rural Boone County (see Attachment C). The 88.34-acre property along the
north side of 220t" Street is to be divided for the division of existing estate farm
ground amongst Roger Reinhardt and John Reinhardt for continued farming. The
referral was to proceed with a rural subdivision application and waiver of
standards.
A proposed subdivision is classified as either a major or minor subdivision within
Chapter 23 of the Municipal Code. A minor subdivision is defined as a property division
needing no public improvements and creating no more than three lots. Otherwise, it is a
major subdivision requiring a preliminary plat. Approval of the requested waiver of
the public improvement requirements allows consideration of the proposed Final
Plat of a minor subdivision. A minor subdivision requires no preliminary plat review,
needing only final plat approval by the City Council.
Since this property is located within the unincorporated area of Boone County, uses of
the land are under the jurisdiction of Boone County. Under provisions of state law,
division of land is subject to review and approval by the City Council of Ames, as well as
the Boone County Board of Supervisors. The Ames Urban Fringe Plan contains City
policies regarding this property. Although Boone County has not adopted that Plan, the
Cities subdivision authority under state law still applies.
The Ames Urban Fringe Plan identifies this site as being located within the Agriculture
and Farm Service Area (AFS) and specifically identified for Agricultural uses, which was
consistent with Boone County zoning designations at the time the Plan was adopted.
This property is located in an area that the Ames Urban Fringe Plan identified as
Agriculture and Farm Service (See Attachment D for complete AFS policies of the
Ames Urban Fringe Plan.) which "encompasses large areas of highly valuable
farmland, with farming and agricultural production as the primary activity." It is
the policy for this area that this primary activity continues. This policy is stated in
the urban Fringe Plan in the AFS Policy Section in AFS policy #1 in the excerpt as
follows:
AFS Policy #1 Excerpt:
Recognizing that agricultural land is a natural resource of the Ames Urban Fringe that should
be protected,farming and agricultural production is and will continue to be the predominant
land use of areas given the Agriculture and Farm Service designation...
The area west of the Ames city limits will likely not be in the urban area until after
the time horizon of the Ames Urban Fringe Plan. This area is not currently served
by municipal infrastructure, such as water mains, sanitary sewer and storm
sewer. It has not been designated as a critical location where such full urban
infrastructure should be required. The current land use policy is supportive of
continued agricultural activity in a manner that will support long-term
urbanization of the Ames Urban Fringe.
It is City Council policy that any request for a subdivision in the Ames Urban Fringe be
accompanied by three covenants that will facilitate future annexation and installation of
infrastructure. The covenants include agreeing to annexation at a future date at the
City's request, agreeing to cover any costs associated with the buy-out of rural water,
and agreeing not to contest future assessments for the installation of public
improvements. The property owner has signed and agreed to the City's standard
covenants in support of their request for waiver of subdivision infrastructure
requirements in the Ames Urban Fringe. The owner has also placed a "no build"
restriction on Lots 1 and 2 to maintain row crop activity on these lots in
conformance to the Ames Urban Fringe designation of Agriculture and Farm
Service.
The current use of row crop farming falls within the LUPP and Ames Urban Fringe
vision for this area. The division of three lots with an existing farmstead and the
remainder for continued farming does not inhibit future urban development of Ames and
is not seen to fall outside of the intent of the Agriculture and Farm Service area
designation.
ALTERNATIVES:
1. The City Council can take the following actions as requested by the property owners:
A. Waive requirements for installation of public improvements, and accept the three
covenants signed by the property owner for future annexation, water territory
buy-out, and participation in assessment districts.
B. Approve the final plat of Reinhardt Farm Subdivision based upon the analysis of
staff as stated above.
2. The City Council can deny the final plat for Reinhardt Farm Subdivision if it finds that
the development is inconsistent with the Ames Urban Fringe Plan or Subdivision
Code.
3. The City Council can refer this request back to staff or the applicant for additional
information. (The Municipal Code requires a final decision regarding final plat
approval be rendered by the City Council within 60 days of the complete application
for Final Plat approval of a Minor Subdivision. City Council must approve, approve
subject to conditions, or disapprove this Final Plat application no later than August
18, 2018 to meet this deadline.)
CIY MANAGER'S RECOMMENDED ACTION:
Staff has evaluated the proposed final plat for a minor subdivision and determined that,
with the granting of the requested waivers of the Design and Improvement Standards,
the proposal conforms to the adopted ordinances and policies of the City including the
Ames Urban Fringe Plan.
The waiver of the public improvement requirements is consistent with past practices in
the Ames Urban Fringe as long as the covenants have been signed. These covenants
will allow the City to later annex these lands with costs for water and other infrastructure
borne by the annexed property owners.
The subdivision without public improvements does not inhibit future development for
urban uses. A no build restriction on the proposed plat will help ensure no use other
than farming occurs on this property.
Therefore, it is the recommendation of the City Manager that the City Council
adopt Alternative #1 as described above, waiving the requirements for installation
of public improvements, accepting the three covenants for recording, and
approving the minor final plat.
Attachment A- Location Map
Reinhardt Property Location
h
T
4 County Line Road
Ames City limits
k
Location flap
Reinhardt Property
Attachment B.- Ames Urban Fringe Designation
t5E
Reinhardt Property Location a
Agriculture& Farm Service Area
\\ S 1
� P ti.
� f5rxsr
z F—S R,b
* County Line Road , .A
Ames City limits y "
lj
w
ti
= Ames Urban Fringe Designation
Reinhardt Property
Fringe Land Use Designations M Natural Areas
Land Use Classification Parks and Open Space
General industrial Planned Industrial
TTT Highway-Oriented Commercial Priority Transitional Residential
industrial Reserve-Research Park Rural Residential
Agriculture and Farm Service Rural Transitional Residential
i '/r� Miring Impacted Urban Residential
Attachment C- Proposed Minor Subdivision
PLAT OF SURVEY
LOCATION: Reinhart Farm Subdivision—
In the West Half of Sec.35,T84N,
R25W,Boone County,Iowa
PROPRIETOR: Beverly Jean Reinhart_
REQUESTED BY: John Reinhart
SURVEYOR: Marlee Walton,PLS#11590
1VI.1.Walton&Associates,Inc.
456 Rookwood Drive;Ames,IA
50010;515-232-5768
Prepared By: Marlee Walton,PE,PLS IMS90;M.J.Walton&Associates,Inc.;456 Rookwood Dr.;Ames,IA 50010;S15-232-5768
Plat of Survey
Reinhart Farm Subdivision-Minor Subdivision
"�---NW Corner of Section;35-84 QNorth
25;fd.1"iron pipe 0.2 ft.deep
LEGEND: T N81,581"55'411N 32`51Unio na 1 choR.Droau
w 5 41-W 9'
d Government Corner Found c 629,30' S81°55'41
& Government Corner Set—5/8"
x 3'rebar w/yellow cap#11590
L.ot2s S'v Found 14'rebar with
p Property Pin Found—5/8°rebar i N89°43'47 W 1,310.96' M yellow cap#2880
w/yellow cap#11590 t i •ypical North line- /5WG flush
O Property Pin Set—5/8"dia.x 3'
rebar w/yellow cap#11590
RA Recorded As rN'
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In w
pro$ O$v —N00°27'02'W 2,575A4'
S00'27'02'E 3,182.34'----: " e'
NW Comer SW'/,-- N89.43-47 W 1.310.96 .•NE Corner SW'/,SWY.
SW'/.Section;35-84- '"'�a _________________South Llne NW/.Sw% t.. Section;35-84-25;fd.
25;fd.5/8"rebar North Lane SW+/.SW% 'i 5/8"rebar w/yellow
w/yellow cap#11590 w, s cap#11590 flush
0.6 ft.deep S d
S01°1749"W 140.18';
NOTE:SOILEORINGS ARE $w Noy 14 S01°1T49"W
REQUIRED fN AREAS wrrli IN nits rn N £ 140.18'
PLATR'IIICti ItA.VEBrLN N88°50'22"E BV--�
IDEN'I'IPBD 8Y THE Ctl'1'OF Z;� 295.69%RA m / S85°04'58"E 129.60';
,DIES AS HAVING SOILS TIIAT "'$ N01°37'41"E. N88-50-22"E u' ? RA S85'04'58"E
MAKE CONSTRUCTION OF w+ 92.89';RA �\ 295.69' i 129.60'
BUILDINGS DIFPICtIL'f N NO1°37'41"E \� Pareola / Qariers tgeee thelm 1s a
m;- 92.89' 3.44 acres
g m Tt0"t1SLIld restriction on
POB;POC less Lots 1 and 2 emhdirg
SW Comer o n`r S87°19'33'W- 8 R /J '
150.24';RA 3A6 acres c a� Pe=e1 B of this plat.
Section;35-84- s +
25;fd.Y.'rebar S87°19'33"W f`:•r,-. N89"43'47" -
0.4 ft.deep \ 150,24' N Z�N cl 273.67' RA
North ROW.line-22t)`^St. _ I $Q z^�, N69°43'47" $
17
South Line 35-84-25; 220'n$1. �45, p N89 7"E°43'4 89'43'47" SW Comer SW%SM..Section;
gravol road 622.60' 414.69' 35-84-25:fd.5/8"rebar w/yellow
•,.___---•N$9'43'4TC 1... ..... ...... cap cap#115900.2 ft.deep
N89°43-47"E 2,621.92';RA N89°4347"E 2,621.02'
EN131%, ,,
I hereby certify that this land survey document was prepared and the related survey work was
•°:v�� performed by me or under my direct supervision and that I am a duty licensed Land Surveyor Date of field survey:
MAR LEE A. ;G under the laws of the state of Iowa. 12/2 7/17
° WALTON
11590 ? z (/a—n ��e/" L^'�� S f y /h Protect Number.
iJ•,• .�•� Marlee A.Walton,PE,PLS Date 8062
,hi• "• ��`"�`' License Number N11590 My license renewal date is December 31,2013 PAGE 1/1
Attachment D- Council Request for Waiver
JORDAN & MAHONEY
I.AW FIRM. P.C.
Integrity, Expertise, Uniquely Local
May 3, 2018
Honorable John Haila
Mayor, City of Ames, Iowa
515 Clark Ave.
Ames, IA 50010
Re: Reinhart Subdivision Waiver
Dear Mayor Haila:
Our office represents Roger Reinhart, "Roger" and John
Reinhart, "John" in this matter. Roger and John recently inherited
from their late mother, Beverly Jean Reinhart, approximately 86
acres of farmland located in Section 35, Jackson Township, Boone
County, Iowa.
Pursuant to Mrs. Reinhart's Will, which was probated, Roger
inherited the west half of this farm and John, the east half. This
real estate has been in the Reinhart family since 1944 and it has
been farmed continuously for more than one century. The Union and
Pacific Railroad tracks which are located on the north edge of the
property do not run in a true east-west fashion, causing an
irregular northern boundary line. A copy of a Jackson Township
Plat Map identifying the subject real estate is attached. Because
of the farm's irregular boundary line, the Boone County Auditor's
office will not allow a transfer into Roger and John's names
without a survey. The farm has been surveyed, but because it is
located within 2 miles of Ames' boundary, this subdivision must be
approved by the City of Ames.
I am requesting on Roger and John's behalf that you and the
City Council waive the subdivision improvement requirements found
in Chapter 23 of the Ames Municipal Code. Roger and John have no
plans to use this property for anything but row-crop agricultural
jordanmahoney.com
S Richard T.Jordan(Retired) 615 Story St. 114 S.Kennedy Ave. 501 Bank St.
Michael F.Mahoney
es John D.Joordan P.O.Box 219 P.O.Box 147 Suite 2
Ryan J.Mahoney Boone,IA 60036 Madrid,IA 50166 Webster City,IA 60595
Meredith C.Mahoney Nerem p 615.432.4510 p 615.795-3641 p 615.835.7432
o John R.Flynn f 516.432-2426 f 615-432-2426 f 515-432.2426
;Z Nicolas Q.Fontanini
Mayor Haila
May 3, 2018
Page 2
purposes in the foreseeable future. For example, their farm won't
be converted into a residential subdivision.
I have discussed this matter at length with Mr. Justin Moore
and if either of you have any questions, please feel free to
contact me. Thank you for your consideration of this waiver
request.
Sincerely,
JORDAN & MAHONEY LAW FIRM, P.C.
By �ohn D a
JDJ/krh
Enclosure
Attachment E- AFS Policies
Agriculture and Farm Service(AFS)
The designation encompasses large areas of highly valuable farmland,with farming and
agricultural production as the primary activity. This designation also includes areas
where the landowner has chosen not to use the land for agricultural production. The
vegetative cover of this land may be native (either original or re-established) or
introduced, but not part of the Natural Areas land use designation.
AFS Policy 1 Recognizing that agricultural land is a natural resource of the
Ames Urban Fringe that should be protected,farming and agricultural production
is and will continue to be the predominant land use of areas given the Agriculture
and Farm Service designation. Land given this designation has been determined
to be moderate to high value agricultural land with regard to one or more of the
following general factors: soil productivity, effect of surrounding land uses on
agricultural use, and physical characteristics that affect the ease with which the
land can be utilized for agriculture.(Relates to RSACA Goals 2.1,2.5)
AFS Policy 2: Recognizing that industrial and commercial land uses dependent
on proximity to local agricultural land uses are essential to the continued
feasibility of farming in Story County and Boone County, support these services
within the Agriculture and Farm Service designation. (Relates to RSACA Goals
2.1,2.5)
AFS Policy 3: Strategically locate such industrial and commercial uses in order
to:
-utilitize existing adequate access and road capacity and otherwise assure
the existence of adequate public facilities;
-protect productive soils and environmental resources;
-support the continued use of these areas for farming and agricultural
production.
(Relates to RSACA Goals 2.1, 2.2, 2.3, 2.6)
AFS Policy 4: Limit non-agricultural residences in the Agriculture and Farm
Service designation to homes existing at the time of this Plan or remaining
scattered building sites where farmstead homes once existed or homes on very
large parcels of ground typical of the agricultural setting. Otherwise, subdivision
for the creation of new residential development lots is not supported within the
Agriculture and Farm Service designation. (Relates to RSACA Goals 2.1,2.5)
AFS Policy 5 Allow the clustering of agricultural-related development at a limited
scale where properties have adequate access to a public road. Such
development shall be configured and designed to be harmonious with agricultural
activities and avoid negative impacts to agricultural operations.
Attachment F- Subdivision Waiver Standards Section 23.103
Sec. 23.103. WAIVER/MODIFICATION.
(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.
(2) The requirements of the Regulations for the platting of a Minor
Subdivision may be waived by city staff when it is determined by city staff that:
(a) A clear and accurate description of the area of land will be
provided by means of a plat of survey to be procured by the property owner, and in
compliance with Section 23.307.
(b) With respect to that area of land, all substantive requirements
and standards of the Regulations are already met.