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.