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HomeMy WebLinkAboutA006 - Resolution No. 22-053 adopted February 8, 2022 R RESOLUTION NO. 22-053 RESOLUTION APPROVING WAIVER OF SIDEWALK INSTALLATION FOR THE STURGES SUBDIVISION,FIRST ADDITION(5019 HYDE AVENUE), FOR THE CITY OF AMES,IOWA WHEREAS, Leroy and Sue Sturges (property owners), together with the Iowa Natural Heritage Foundation(INHF),purchaser of Outiot A,are requesting approval of a Minor Final Plat for 36.12 acres at 5019 Hyde Avenue in the Ames Urban Fringe; and, WHEREAS, the Subdivision includes Lot 1 (approximately 4.56 acres), for the existing Sturges home;Outlot A(approximately 30.18 acres),a natural area and flood plain that cannot be developed without replating as a building lot; and Lot A(approximately 1.38 acres),to be dedicated as street right-of-way for Hyde Avenue; and, WHEREAS,a minor subdivision includes three,or fewer,lots and does not require additional public improvements other than sidewalks or a bike path; and, WHEREAS,the proposed subdivision is located adjacent to the current City limits of Ames in the unincorporated area of Story County; and, WHEREAS,the Ames Urban Fringe Plan designates the land as "Urban Residential"; and, WHEREAS, the 28E Agreement among the City of Ames, Story County, and the City of Gilbert, states that in areas designated Urban Services Area,the County agrees to waive the exercise of it subdivision authority; and, WHEREAS, the land use designation applies to areas reserved for future city growth and development though subdivision is not permitted prior to annexation into the City;however,the applicants requested the City Council approve the Minor Final Plat at this time;prior to the land being annexed into the City; and, WHEREAS, the deferral of annexation is due to the timing of the Iowa Natural Heritage Foundation's ability to acquire Outlot A with funding from a specified donor; and, WHEREAS, although, the current property abuts the City and can be annexed, the timing of annexation would extend past the INHF's deadline on their option to purchase the property and meet the donor's parameters; and, WHEREAS,this is a unique proposal to defer annexation for a property that abuts the City and the applicant proposes to enter into an Agreement for future annexation based upon one of two conditions, whichever comes first; and, WHEREAS, Annexation would occur either when: 1) Outlot A is replatted into a developable lot or 2) after March 1, 2024, at the City's discretion; and, WHEREAS,the Agreement requires the owners to file the annexation application with the City prior to recording the Final Plat so that the City can act on the annexation in the future; and, 4 WHEREAS,although the land is and will remain in the County at the time of the Final Plat approval, the division is subject to the City of Ames subdivision standards; and, WHEREAS,since a new developable lot is not created with the Final Plat,no new infrastructure is triggered with the division; and, WHEREAS,City subdivision standards require all divisions to provide for sidewalks across a lot's frontage, and in this case there is approximately 1,041 linear feet of frontage on Hyde Avenue subject to a five-foot sidewalk improvement; and, WHEREAS,the INHF requested waiver of the requirement to install sidewalk and post security for its installation with the proposed subdivision; and, WHEREAS,the request to waive the sidewalk requirement was based upon a prior commitment by the developer of the Hayden's Preserve(north of this site)to construct a ten-foot trail from 190d' Street all the way to the south side of this site within two years of their first Final Plat; and, WHEREAS,typically,a developer would have up to three years to make the required improvements and provide financial security for its installation to be completed within three years; however, in this case, staff does not prefer the installation of the five-foot sidewalk as a ten-foot trail is needed for improvements and it is unlikely that constructing the five-foot sidewalk now could be matched up well with the second half of a future path. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Ames,Iowa,that the waiver of the sidewalk installation requirements for the Sturges Subdivision, First Addition (5019 Hyde Avenue), is hereby approved. ADOPTED THIS 8`'day of February, 2022. Diane R. Voss, City Clerk John A. Haila, Mayor Introduced by: Beatty-Hansen Seconded by: Junck Voting aye: Beatty-Hansen, Betcher, Corrieri, Junck, Rollins Voting nay: None Absent: None Abstain: Gartin Resolution declared adopted and signed by the Mayor this 8`' day of February, 2022.