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HomeMy WebLinkAbout~Master - Waiving City Subdivision Authority in the Ames Urban Fringe Properties Along 229th Place, Boone County RESOLUTION NO. 21-255 RESOLUTION APPROVING WAIVING CITY SUBDIVISION AUTHORITY IN THE AMES URBAN FRINGE PROPERTIES ALONG 229TH PLACE, BOONE COUNTY FOR THE CITY OF AMES,IOWA WHEREAS,at the April 13,2021 meeting,City Council referred to staff a request from Leon Wuebker and Kim Olmstead to have the City waive its Platting Authority within two miles of the Ames City Limits in the Urban Fringe; and, WHEREAS,the property in question(Lots 5,6,7,8,and 10 of Westwoods,Plat 3)is located on 229t1i Place in Boone County,just north of US Highway 30; and, WHEREAS,all five lots are vacant and the applicant intends to subdivide(replat)one of the existing lots in the near future and the rest at a later date; and, WHEREAS, the Final Plat for Westwoods,Plat 3 was approved by the Ames City Council on December 10, 2002, as a commercial/industrial subdivision in Boone County within two miles of Ames; and, WHEREAS, at that time,the Council also approved a covenant waiving the right to appeal future special assessments if levied in the future by the City; and, WHEREAS, this was a condition of waiving City infrastructure requirements for rural development; and, WHEREAS,the applicant had approached the City Council about a waiver of further platting requirements on April 25, 2006, for additional division; however, no action was taken by the applicant to move forward with that Plan; and, WHEREAS,Chapter 354 of the Code oflowa gives provision for cities to exert jurisdiction over platting within two miles of its corporate limits and the same Code also allows cities to waive that right; and, WHEREAS,the applicant is requesting that the City waive its right to review the Subdivision Plat,rather than have the City review and approve the Plat and waive the infrastructure improvement requirements; and, WHEREAS, if the City agrees to waive its authority, the Platting requirements of Boone County will still need to be met,and the 2002 covenant pertaining to future assessment would apply; and, WHEREAS,the City's current practice for rural subdivision of land is slightly different than it was in 2002; and, WHEREAS,the City typically requires three covenants rather than just one covenant as part of a waiver of its authority when reviewing a Plat; and, WHEREAS,the City would receive the agreement for future special assessment,agreement to annex upon City request, and acknowledgment that any future rural water buyout would be the responsibility of the property owner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the waiver of requirements for approval of a Subdivision Plat by the City of Ames for the division of Lots 5, 6, 7, 8, and 10 of Westwood,Plat 3, subject to the current 2002 covenant related to Special Assessment is hereby approved. ADOPTED THIS 1Ph day of May, 2021. C —' I,(d A{_ ) Diane R. Voss, City Clerk John A. Haila, Mayor Introduced by: Gartin Seconded by: Beatty-Hansen Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Martin Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this I Itn day of May, 2021.