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HomeMy WebLinkAbout~Master - Annexation of all consenting and non-consenting properties at the Intersection of Lincoln Highway and North 500th Avenue DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Diane Voss,City Clerk's Office,515 Clark Avenue,Ames,IA 50010 Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105 RESOLUTION NO. 21-293 RESOLUTION APPROVING ANNEXATION OF ALL CONSENTING AND NON-CONSENTING PROPERTIES AT THE INTERSECTION OF LINCOLN HIGHWAY AND NORTH 500TH AVENUE FOR THE CITY OF AMES,IOWA WHEREAS, on March 23, 2021,the City Council voted to initiate a Voluntary Annexation for 11 parcels, totaling 41.11 acres plus rights-of-way, located immediately west of the Ames corporate limits and extending westward along Lincoln Way to the Boone County line and then northward along North 500`'Avenue; and, WHEREAS, the action was in response to an Annexation Petition received from Chuck Winkleblack,which included seven parcels owned by two owners:Flummerfelt Quail Ridge,LLC;and John R. Crane along with rights-of-way along North 500`'Avenue totaling 36.76 acres; and, WHEREAS,state law permits a Voluntary Annexation to include up to 20%of the territory with non-consenting abutting properties for the purpose of eliminating islands or creating more uniform boundaries; and, WHEREAS,with this Annexation, there are four properties considered to be non-consenting; and, WHEREAS, at the time City Council initiated the Annexation, the following conditions were required: 1) defining the annexation territory as the original petition plus all four non-consenting properties plus abutting rights-of way; 2) requiring receipts of waiver of withdrawal from the two consenting property owners prior to proceeding with the Annexation; 3) designating Planning and Housing staff as representatives in the consultation with Township Trustees and County Supervisors; and 4) directing staff to prepare a Development Agreement addressing infrastructure needs and developer responsibilities related to future development. WHEREAS, the 80/20 Annexation was initiated in order for the adjacent properties to form a more uniform boundary for the area and to avoid creating an island; and, WHEREAS,the proposed Annexation includes a 0.5 acre island parcel owned by Lerner Land Holdings,LLC;a non-consenting property owner,as islands are not permissible by state law and it must be included with the Annexation; and, WHEREAS,the Council determined that the other three non-consenting parcels located along the north side of Lincoln Way should also be included in the 80/20 Annexation; and, WHEREAS, all four of the non-consenting properties are not in a consolidated area, but are interspersed among the applicant's properties with private drive extensions to Lincoln Highway; and, WHEREAS,the inclusion of the four properties would make a uniform boundary along Lincoln Highway, which provides access to all of the properties; and, WHEREAS,with the inclusion ofthe abutting rights-of-waythe non-consenting properties along Lincoln Highway would be a non-permissible island; and, WHEREAS, there are three separate entities that own the four non-consenting properties and they are: Lemer Land Holdings, LLC; Brant Lemer, and Brian Adams; and, WHEREAS,the 41.11-acre annexation territory includes 6.42 acres of non-consenting parcels and these represent 15.6% fo the total annexation territory, not including the rights-of-way; and, WHEREAS,the Planning and Zoning Commission considered the request at a Public Hearing on May 5, 2021, and voted unanimously to recommend that the City Council approve the request to annex 41.11 acres plus the rights-of-way,by finding that the proposed Annexation was consistent with the Land Use Policy Plan and Urban Fringe Plan; and, WHEREAS, on May 11, 2021, the Story County Board of Supervisors met and passed Resolution no. 21-89 supporting the proposed Annexation. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Ames, Iowa,that the Annexation of all consenting and non-consenting properties at the intersection of Lincoln Highway and North 500'Avenue is hereby approved. ADOPTED THIS 25`h day of May, 2021. Diane Voss, City Clerk John A. Haila, Mayor Introduced by: Beatty-Hansen Seconded by: Corrieri Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Martin Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 25t1i day of May, 2021.