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HomeMy WebLinkAbout~Master - Approving Developoment Agreemert addressing infrastructure needs and developer responsibilities for future development for the properties located at intersectin 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. 21-294 RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT ADDRESSING INFRASTRUCTURE NEEDS AND DEVELOPER RESPONSIBILITIES FOR FUTURE DEVELOPMENT 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 500t' 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 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; and, WHEREAS,at the time of annexation initiation,staff identified issues related to infrastructure and future development that were appropriate to address with a Development Agreement along with an Annexation; and, WHEREAS,the Agreement addresses issues with the following requirements as they relate to the consenting property owners of the annexation, Crane and Flummerfelt: 1. Traffic Study-the property owner acknowledges that a traffic study must be completed to analyze the impacts of development to adjacent street systems.The traffic study scope shall be defined by the City's Traffic Engineer,performed at the sole cost of the owner,and shall be completed prior to the rezoning of the property to a residential or commercial zoning district. Furthermore, the owner is responsible for improvements identified as part of the traffic study necessary to serve the development of the site. 2. Infrastructure Extensions - The property owner acknowledges that water and sewer lines must be extended into and through the site with the future development of the site. These extensions are at the expense of the owner.Subdivision approval will determine the precise location and nature of these extensions, including the need for looping of a water main consistent with the City's Master Plan. 3. Stubbed Streets from Sunset Ridge Subdivision- The property owner acknowledges that future development shall include extension of stub streets from Sunset Ridge (Ellston Avenue, Springbrook Street,and Durant Street)into the development consistent with City standards. The extension of streets and their design will be determined with subdivision approval. 4. Previously Platted County Lots-The property owner agrees that they will not seek approval of a building/zoning permit for a building on any lot within the Crestview AC Subdivision and will instead replat the property in conformance with City zoning and subdivision standards. WHEREAS,in addition to describing improvement obligations,the Agreement also specifies that the obligations in the Agreement are not triggered unless the Annexation is approved and recorded. 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 25t'day of May, 2021. Diane R. Voss, City Clerk John A. Haila,Mayor Introduced by: Betcher 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 25'day of May, 2021.