HomeMy WebLinkAboutA002 - Council Action Form dated March 28, 2023 ITEM#: 36
DATE: 03-28-23
DEPT: P&H
COUNCIL ACTION FORM
SUBJECT: APPROVAL OF DEVELOPMENT AGREEMENT AND RURAL
SUBDIVISION MINOR FINAL PLAT FOR HIDDEN CREEK, PLAT ONE
BACKGROUND:
Hidden Creek Farms, LLC. is requesting approval of a Final Plat for Hidden Creek
Farms Plat One, proposed as a rural subdivision within the two-mile fringe of the City of
Ames. The proposed subdivision includes a request for wavier of City
improvement requirements and to be approved as a minor subdivision that would
create two lots. The Plat must also be approved by Story County per the terms of
the current Ames Urban Fringe Plan (AUFP).
The subject property is located in Story County, on the north side of 19011 Street across
from the Quarry Estates Subdivision (Attachment A — Location Map). The Minor Final
Plat is 30.07 Acres and consists of two lots and two street lots. Outlot A (13.5 acres) will
be reserved for future development and will be restrict from being developed with this
plat. Lot 1 (15.2 acres) may be developed in the future and is anticipated to be
developed for a religious use, subject to approval of a conditional use permit within
Story County. Two lots will be dedicated as public right of way, Lot A along 190t" Street
and Lot B along Grant Avenue (Attachment B — Final Plat).
City Council previously considered a request in August 2022 to waive all
authority for subdivision review of the parcel. The Council declined to waive
authority and determined it would review a Final Plat with specific waivers to the
City's improvement requirements. A minor subdivision includes three or fewer lots
and does not require additional public improvements. A minor subdivision does not
require a Preliminary Plat and may be approved by the City Council as a Final Plat. The
proposed project qualifies as a minor subdivision, as the property is located
within Story County and no City utility public improvements will be required if the
City Council approves the requested waiver with the accompanying development
agreement.
The proposed subdivision lies outside the city limits of Ames. It is currently within the
Story County Study Area Overlay, which lies between 190t" and 180t" Streets in the
Ames Urban Fringe Plan. The site is designated as Ag and Farm Services. Per the
terms of the AUFP (page 25) and accompanying 28E agreement with Story County,
when subdivisions in the county occur within the study area each city retains their
review authority of subdivisions under state code (Attachment C — Applicable Laws and
Fringe Plan Policies). Therefore, Story County and the City of Ames must both review
and approve the subdivision. Additionally, as an Ag and Farm services designation, no
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new developable lots are to be created. With the proposed plat, there is no net increase
in developable lots.
This plat was reviewed by the Story County Planning & Zoning Commission on March 1,
2023, and was recommended for approval with conditions. The Plat is set to be
reviewed by the County Board of Supervisors on March 28. No recommendation from
the Ames Planning and Zoning Commission is required for Council review of a Final
Plat.
The property's county zoning is A-1, Agricultural. Future development of Lot 1 is
intended for development of a church, which will require a Conditional Use Permit within
the County. Although the City has authority over the subdivision process within the
urban fringe in Story County, the City does not have authority over conditional use
permits in the County.
City staff has met with the property owner's representative and Story County Planning
staff over the course of several months to work through any potential conflicts related to
future site development due to its proximity to existing City developments and its
designation as an Urban Reserve Area within Ames Plan 2040. The development
review process led to preparation of a Development Agreement between the City
and developer to address the proposed waivers of City standards (Attachment D
— Development Agreement).
The Development Agreement addresses conditional waivers of standards and retains
City review of a future traffic analysis, access, and stormwater. It also includes providing
for a future sidewalk connection, dedication of easements and right-of-way, and consent
to annexation. In addition, it limits development of the site to one single-family dwelling,
a religious use, or agricultural uses allowed by Story County.
A traffic study that includes the review of turning movements on 190t" will be required to
be submitted prior to development of Lot 1. Access will be required to meet spacing
requirements of Story County and the City of Ames. If Outlot A were to be developed in
the future, the width would allow for a future access to align with McFarland Avenue.
A portion of the site, on the approximate western one-third of the subdivision, lies within
the Ada Hayden watershed. The proposed subdivision complies with the conservation
and stormwater standards and necessary easements are being created. This site can
be developed without any work occurring within the Ada Hayden watershed boundary.
The site will not be served with city sewer or water. The site is within the territory where
service by Xenia would be allowed and required to conform to City and SUDAS
standards for water service. The property owner has signed an annexation and
improvement agreement as typically required of rural subdivisions. A five-foot sidewalk
easement is being provided along 190tn
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ALTERNATIVES:
1. Approve the following, based on finding that the proposed subdivision conforms
to City and State standards:
a. The attached Development Agreement
b. A waiver of improvement requirements
c. A Minor Final Plat for Hidden Creek Farm, Plat One
2. Do not approve the final plat for Hidden Creek Farm, Plat One, on the basis that
the proposed subdivision does not comply with applicable ordinances, standards,
or plans.
3. Defer approval until completion of the rezoning with master plan process.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed final plat for Hidden Creek Farm, Plat One will create two lots: Lot one
would be developable for a religious use, a single-family home, or agricultural uses
allowed per the Story County Zoning Code. Outlot A can only be used for agricultural
purposes. Future development will comply with the applicable Zoning Agreement for
this site. Therefore, it is the recommendation of the City Manager that the City Council
accept Alternative #1 , as described above.
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' i
Attachment B
Proposed Final Plat of Hidden Creek Farm, Plat One
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Attachment C
Applicable Laws and Fringe Plan Policies
The laws applicable to this case file are as follows:
Code of Iowa, Chapter 354.8 states in part:
A proposed subdivision plat lying within the jurisdiction of a governing body shall
be submitted to that governing body for review and approval prior to recording.
Governing bodies shall apply reasonable standards and conditions in accordance
with applicable statutes and ordinances for the review and approval of
subdivisions. The governing body, within sixty days of application for final
approval of the subdivision plat, shall determine whether the subdivision
conforms to its comprehensive plan and shall give consideration to the possible
burden on public improvements and to a balance of interests between the
proprietor, future purchasers, and the public interest in the subdivision when
reviewing the proposed subdivision and when requiring the installation of public
improvements in conjunction with approval of a subdivision. The governing body
shall not issue final approval of a subdivision plat unless the subdivision plat
conforms to sections 354.6, 354.11, and 355.8.
354.9 Review of plats within two miles of a city.
1. ...
2. If a subdivision lies in a county, which has adopted ordinances regulating the
division of land, and also lies within the area of review established by a city
pursuant to this section, then the subdivision plat or plat of survey for the division
or subdivision shall be submitted to both the city and county for approval. The
standards and conditions applied by a city or county for review and approval of
the subdivision shall be the same standards and conditions used for review and
approval of subdivisions within the city limits or shall be the standards and
conditions for review and approval established by agreement of the city and
county pursuant to chapter 28E. Either the city or county may, by resolution,
waive its right to review the subdivision or waive the requirements of any of its
standards or conditions for approval of subdivisions, and certify the resolution
which shall be recorded with the plat.
3. If cities establish overlapping areas of review outside their boundaries, then
the cities shall establish by agreement pursuant to chapter 28E reasonable
standards and conditions for review of subdivisions within the overlapping area. If
no agreement is recorded pursuant to chapter 28E, then the city which is closest
to the boundary of the subdivision shall have authority to review the subdivision.
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Ames Municipal Code Section 23.303(3) states as follows:
(3) City Council Action on Final Plat for Minor Subdivision:
(a) All proposed subdivision plats shall be submitted to the City Council for review and
approval in accordance with Section 354.8 of the Iowa Code, as amended or
superseded. Upon receipt of any Final Plat forwarded to it for review and approval, the
City Council shall examine the Application Form, the Final Plat, any comments,
recommendations or reports examined or made by the Department of Planning and
Housing, and such other information as it deems necessary or reasonable to consider.
(b) Based upon such examination, the City Council shall ascertain whether the Final Plat
conforms to relevant and applicable design and improvement standards in these
Regulations, to other City ordinances and standards, to the City's Land Use Policy Plan
and to the City's other duly adopted plans. If the City Council determines that the
proposed subdivision will require the installation or upgrade of any public improvements
to provide adequate facilities and services to any lot in the proposed subdivision or to
maintain adequate facilities and services to any other lot, parcel or tract, the City Council
shall deny the Application for Final Plat Approval of a Minor Subdivision and require the
Applicant to file a Preliminary Plat for Major Subdivision.
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.
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Ames Urban Fringe Plan Excerpt-
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.
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SPACE ABOVE RESERVED FOR OFFICIAL USE
Legal description:See page 6
Return document to:City Clerk,515 Clark Avenue Ames IA 50010
Document prepared by:Mark O.Lambert.City of Ames Legal Deparhnent,515 Clark Ave.,Ames,IA 50010—515-239-5146
AGREEMENT FOR DEVELOPMENT, ANNEXATION, WATER SERVICE
AND IMPROVEMENTS
THIS AGREEMENT for the development of property located currently outside of the corporate
limits of the City of Ames,is made and entered into by and between the City of Ames, Iowa(the "City"),
and Hidden Creek Farm, LLC (the "Developer"), and its successors and assigns. City and Developer are
hereinafter collectively referred to as the "Parties"or individually as a"Party". This Agreement shall be
effective as of the date the last of the Parties hereto executes same.
RECITALS
WHEREAS, the Parties desire the division, improvement, and development of certain real
properties in Story County, Iowa,as legally described on the attached Exhibit A (the"Site");
WHEREAS, the Site is located outside but within two miles of the corporate limits of the
City and the City desires to exercise its authority under Iowa Code §354.9 to review the proposed
division and to allow division and development subject to certain conditions; and
WHEREAS, the Developer requests waivers of certain subdivision standards of the Ames
Municipal Code.
WHEREAS, the Site may be annexed to the City in the future as provided in Chapter
368 and the Parties desire to memorialize certain terms and conditions of said future
annexation;
NOW, THEREFORE, in consideration of the Recitals and of the mutual covenants contained
herein, and reliance on the same,the receipt and sufficiency of which is hereby acknowledged, the Parties
do hereby agree as follows:
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I. Covenants Regarding Annexation Public Improvements Water Service and
Driveway Standards
Section A. Annexation. The Site is located in an area that may be annexed to the City, as provided
in Iowa Code Chapter 368. The Developer agrees to have the Site annexed to the City upon certain terms
and conditions as hereinafter set forth since the Site is contiguous to the City. The City Council may, at
some time,require annexation of the Site to the City and shall then notify the Developer of the City's desire
to annex the Site, or any portion thereof. Upon such notification, the Owner will submit to the City Clerk
a Voluntary Petition for Annexation of the Site by the City. The City Clerk will file the Petition,submit it
to the City Council for consideration at such time and under such circumstances as the City Council deems
appropriate,and comply with the requirements of Iowa Code Chapter 368. Pursuant to Iowa Code section
368.7(e),upon execution of this Agreement, Developer hereby irrevocably waives the right to withdraw or
rescind the Petition and hereby irrevocably waives the right to withdraw its consent to the Petition and
waives its right to object to annexation.
Section B. Public Improvements. In anticipation of the possibility that the City may at some time
deem it to be in the public interest to cause construction of certain public improvements, including, but not
limited to, street paving, curbs and guttering, sewer service, water mains, sanitary sewer mains and
sidewalks by means of City awarded contracts to be paid by special assessments to be levied against the
Site,Developer does hereby covenant and agree that by execution of this instrument shall pay and shall be
bound to pay the City,the costs of the aforesaid improvements, by action of the City Council, after notice
and hearing as provided by Iowa Code §384.50,the provisions of§384.38 notwithstanding. Furthermore:
(1) It is understood and agreed by the Parties that when and if the City Council conducts a hearing
on a proposed resolution of necessity to assess public improvement costs to the Site, or any
portion thereof,the owners of such land may then appear before the City Council and be heard.
(2) Notwithstanding the foregoing, Developer, in consideration of the benefits derived from the
approval of the division and development of the Site, Developer covenants and agrees that it
will not sue the City, or any officer of employee of the City, to test the regularity of the
proceedings or legality of the assessment procedure, to appeal the amount of the assessment,
to enjoin,set aside, overturn or reduce the amount of such assessments levied against the Site
by the City.
Section C. Water Service. The Site currently obtains water service from a federally protected rural
water service provider,Xenia Rural Water Service. Developer shall not be required by the City to connect
to City water service for development of the site or upon annexation. Developer is solely responsible for
development of water infrastructure to City standards as set forth in the Agreement for Water Service and
Territory Transfer between the City and Xenia with an effective day of February 1,2022,and recorded as
Instrument No.2022-01065,and agrees to be bound by all the terms and conditions of said Agreement for
the Site. Developer is responsible for the cost and expense of coordinating with Xenia for verification of
adequate water flow, water pressure, water mains, fire hydrants and all related improvements needed to
meet City standards at the time of development of the Site.
For purposes of making provision for future City water services to the Site, Developer shall be responsible
for payment of any amount that may become due and owing to any rural water provider because of the
development of the Site which is related to the buyout of rights to serve the Site or any portion thereof with
water. The City shall not be required to advance any funds or costs due and owing to a rural water provider
on behalf of any Developer. Developer shall hold the City harmless and indemnify the City from any and
all amounts required to pay a rural water provider service provider as a settlement for resolution of any
claims,disputes,objections, protest or litigation related to or arising out of the City providing water service
to the Site, or any portion thereof.
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Section D. Driveway Standards. The Developer understands a traffic study and access assessment may
be required by the City to allow for future access at the time of development. Any driveway, or portion
thereof, constructed by the Developer that connects to West 190`h Street shall be a minimum of 200 feet
away from the westernmost point of McFarland Avenue abutting West 190`h Street and a minimum of 170
feet away from the eastern most point of Shimek Drive abutting West 190"Street.Any and all access points
are subject to approval by the City. Developer shall be responsible for the cost of any turn lane or street
improvements needed to meet City standards.
Section E. Sidewalks. Developer shall install a public sidewalk no less than five feet wide running
parallel to 1901" Avenue. The public sidewalk shall run the length of the southern boundary of the Site
abutting 190`h Avenue. Developer shall provide an easement acceptable to the Story County Planning and
Development Department at no cost to be approved and recorded upon Story County approval of the
Subdivision. Developer shall promptly provide the City with a copy of the recorded Sidewalk Easement.
The Developer requests deferral of sidewalk construction and a waiver of security otherwise required by
the municipal code for sidewalk construction. As a condition of granting the deferral and waiver of security,
the Developer agrees to construct a sidewalk to City specifications concurrent with the development of Lot
1. Sidewalks shall be within the right of way or within a sidewalk easement on the site. The sidewalk
extension to the west on Outlot A shall be constructed to allow a connection to McFarland Avenue, unless
otherwise later deferred by City Council.
Section F. Street Improvements and Sewer Extension. The City agrees to waive improvements and
extension of public infrastructure related to street widening, curb and gutter, water, sanitary sewer, street
lights shall be waived except as stated in this agreement for sidewalks, water, driveways,and stormwater.
Said waiver is conditioned on the limited use of Lot 1 for one residential unit,agricultural uses,or religious
institution,and the City grant said waiver only for this plat.
Section G. Storm Water. Prior to the development of Lot 1, the Developer shall submit a stormwater
management plan to the City for review. Developer shall not proceed to develop Lot 1 unless and until the
City approves the proposed stormwater management plan.
II. Binding Effect
This Agreement shall be binding upon and insure to the benefit of the parties hereto, their heirs,
successors and assigns and shall be recorded with the Recorder of Story County. The Agreement shall be
binding upon all successors and assigns of the Parties. Developer shall be liable to the City for each and
every obligation imposed under the terms of this Agreement. The obligations under this Agreement shall
constitute a covenant running with the land. Both the City and the Developer shall constitute parties for
the purpose of filing a verified claim to extend the covenants contained herein. The City and the Developer
may take any action, including legal, equitable or administrative action, which may appear necessary or
desirable to enforce performance and observance of any obligation, agreement or covenant under this
Agreement.
III. Miscellaneous Provisions
If any provision of the Agreement is held invalid,such invalidity shall not affect any of the other provisions
contained herein. This instrument constitutes the entire agreement between the parties with respect to the
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subject matter thereof and supersedes all prior oral or written agreements, statements, representations, and
promises.No addition to or change in the terms of this Agreement shall be binding upon the parties unless
it is expressed in a writing signed and approved by the parties.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed effective
as of the date first above written.
Hidden Creek Farm,LLC
By:
Philip D.Voge,Manager
STATE OF IOAWA,COUNTY OF SS.: This instrument was acknowledged before
me on 2023, by Philip D. Voge, as Manager of Hidden Creek Farm, LLC.
rZACHARY CHIZEK O BUC
Commission Number 783121
My Commission Expires
" March 14, 2026
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Passed and approved on , 2023, by Resolution No. 23- adopted by
the City Council of the City of Ames, Iowa.
CITY OF AMES, IOWA
By:
John A.Haila,Mayor
Attest:
Renee Hall, City Clerk
STATE OF IOWA, COUNTY OF STORY,SS.:
This instrument was acknowledged before me on ,2023,by John A. Haila
and Renee Hall, as Mayor and City Clerk,respectively, of the City of Ames, Iowa.
NOTARY PUBLIC
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Exhibit `A' —Legal Description of Site
That part of the Southwest Quarter of the Southwest Quarter of Section 15; Township 84 North,
Range 24 West of the 5th P.M., Story County, Iowa, being more particularly described as follows:
Commencing at the Southwest Corner of said Section 15; thence N00°18'57"E, 452.00 feet along
the west line thereof to the Northwest Corner of Parcel G in said Southwest Quarter of the
Southwest Quarter and the point of beginning; thence continuing N00°l 815711E, 701.90 feet to the
Southwest Corner of Outlot A in Fincham Agricultural Subdivision in the Southwest Quarter of
said Section 15; thence S89°54'26"E, 1316.46 feet along the south line of said Fincham
Agricultural Subdivision to the east line of said Southwest Quarter of the Southwest Quarter;
thence S00°25'l6"W, 1151.89 feet to the Southeast Corner thereof; thence N89°59'44"W, 918.28
feet along the south line of said Section 15 to the Southeast Corner of Parcel J in said Southwest
Quarter of the Southwest Quarter; thence N00°18'21"E, 452.07 feet to the Northeast Corner
thereof; thence S89°59'38"W, 395.99 feet along the north line of said Parcels J and G to the point
of beginning, containing 30.70 acres, which includes 1.97 acres of existing public right of way.
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