HomeMy WebLinkAboutA001 - Council Action Form dated October 13, 2009 ITEM # 29
DATE: 10-13-09
COUNCIL ACTION FORM
SUBJECT: PLAT OF SURVEY — REPLAT OF LOTS 4-7, THE ESTATES OF
NATURE'S CROSSING SUBDIVISION
BACKGROUND:
Application for a proposed plat of survey has been submitted for:
❑ Conveyance division of land (per Section 23.307)
® Boundary line adjustment (per Section 23.308)
❑ Re-plat to correct error (per Section 23.310)
❑ Auditor's plat (per Code of Iowa Section 354.15)
The subject site is located at:
Street Addresses: 4217 and 4303 Cochrane Parkway
Assessor's Parcel #'s: 09-08-154-040, 09-08-154-050, 09-08-154-060 and
09-08-154-070
Legal Description: Lots 4,5,6 and 7, The Estates of Nature's Crossing
Subdivision, City of Ames, Story County, Iowa
Owner: Pinnacle Properties Ames LLC (Keith Arneson)and Sharon and Larry Quisenberry
A copy of the proposed plat of survey is attached for Council consideration.
Pursuant to Section 23.307(4)(c), a preliminary decision of approval for the proposed plat
or survey has been rendered by the Planning & Housing Department, subject to the
following conditions:
1. All previous agreements and conditions of approvals regarding The Estates of
Nature's Crossing Subdivision shall apply.
2. The existing Public Access Easement on the East 8 feet of Lot 4; and the Public
Utility Easements on the following: North 5 feet of Lot 5; and the North 5 feet
and the East 5 feet of Lot 6; and the South 5 feet of that portion of Lot 7 North of
Lot 5 and Lot 6; and the West 5 feet of Lot 7 of that portion between Lot 6 and
Lot 8 shall be vacated prior to the Planning & Housing Director's approval of the
official plat.
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3. Documents establishing the proposed easements as shown on the attached
plat: Public Utility Easement on the North 5 feet and East 5 feet of Parcel K and
the West 5 feet of Parcel L; Public Access Easement on the North 8 feet of
Parcel K, beginning at a point 67 feet East of the NW corner of Parcel K, ending
at the NE corner of Parcel K, and the East 8 feet of Parcel K shall be recorded
prior to the Planning & Housing Director's approval of the official plat.
The preliminary decision of approval requires all public improvements associated with and
required for the proposed plat of survey be:
❑ Installed prior to creation and recordation of the official plat of survey and
prior to issuance of zoning or building permits.
❑ Delayed, subject to an improvement guarantee as described in Section
23.409.
® Not Applicable.
Under Section 23.307(5), the Council shall render by resolution a final decision of approval
if the Council agrees with the Planning & Housing Director's preliminary decision.
ALTERNATIVES:
The City Council can:
1. Adopt the resolution approving the proposed plat of survey if the Council agrees
with the Planning & Housing Director's preliminary decision.
2. Deny the proposed plat of survey if the City Council finds that the requirements for
plats of survey as described in Section 23.307 have not been satisfied.
3. The City Council can refer this back to staff and/or the owner for additional
information.
MANAGER'S RECOMMENDED ACTION:
The Planning & Housing Director has determined that the proposed plat of survey satisfies
all code requirements, and has accordingly rendered a preliminary decision to approve the
proposed plat of survey.
Therefore, it is the recommendation of the City Manager that the City Council act in
accordance with Alternative#1,which is to adopt the resolution approving the proposed
plat of survey. Approval of the resolution will allow the applicant to prepare the official plat
of survey incorporating all conditions of approval specified in the resolution. It will further
allow the prepared plat of survey to be reviewed and signed by the Planning & Housing
Director confirming that it fully conforms to all conditions of approval. Once signed by the
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Planning & Housing Director, the prepared plat of survey may then be signed by the
surveyor, making it the official plat of survey, which may then be recorded in the office of
the County Recorder.
It should be noted that according to Section 23.307(10), the official plat of survey shall not
be recognized as a binding plat of survey for permitting purposes until a copy of the signed
and recorded plat of survey is filed with the Ames City Clerk's office, and a digital image in
Adobe PDF format has been submitted to the Planning & Housing Department.
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Prepared by: Eugene R. Dreyer, HWS Consulting Group, 223 S. Walnut Avenue Suite D, Ames, IA 50010 Phone: 515-232-1103
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