HomeMy WebLinkAboutA002 - Council Action Form dated October 23, 2012 r
ITEM # 25b
DATE: 10-23-12
COUNCIL ACTION FORM
SUBJECT: PLAT OF SURVEY FOR PARCELS R and Q ON CEDAR LANE
BACKGROUND:
An application was submitted by Brad Stumbo, Stumbo & Associates Land Surveying,
requesting approval of a Plat of Survey for Mr. and Mrs. Verle and Jo Ann Burgason.
The Plat of Survey is for a boundary line adjustment to enlarge an existing parcel of
land, Parcel Q, from a one acre parcel into a four acre parcel by shifting the parcel line
of Parcel R. (See Attachments B and C.) The property is located outside the City limits
but within the 2 mile Ames Urban Fringe area. (See Attachment A). The area proposed
for the Plat of Survey is within the "Urban Service Area" of the Ames Urban Fringe Plan
with an Urban Residential land use designation.
Staff met with the applicant on September 4th and determined that the proposal does
not meet the minimum density standards as established by the Urban Fringe Plan for
the Urban Residential designation because the enlargement of the existing developed
parcel further reduces its density below the minimum requirement.
Staff explained the options for processing of the submitted application, but noted
the proposed Plat of Survey could not be approved unless the Plat could either
meet the density standards of the Urban Fringe Plan or a waiver was approved by
the City Council to waive the minimum density requirement for the Urban
Residential designation.
The applicant then submitted two letters requesting the waiver of the density standards.
On September 25th, the City Council referred to staff a letter from Steve Burgason, on
behalf of Verle and Jo Ann Burgason, requesting waiver of the Ames Urban Fringe
Plan's density standards in order to divide the property at 3618 Cedar Lane. Staff has
processed both the request for waiver and the request for the Plat of Survey
concurrently so a decision can be rendered on both of the applicant's requests.
A copy of the proposed plat of survey is attached for Council consideration. This Plat of
Survey would allow for the transfer of the 123,661.42 square feet (2.83 acres) of land
from Burgason Enterprises, LLC to Verle and JoAnn Burgason.
Pursuant to Section 23.308(4)(c), a preliminary decision of approval has been rendered
by the Planning & Housing Department, conditional upon the Council making
appropriate findings to approve the waiver request of the density standard required for
the Urban Residential land use designation of the Ames Urban Fringe Plan.
If the Council denies the waiver request, the proposed plat of survey should be
sent back to staff for a final decision, which would be to deny the proposed Plat
of Survey. The applicant would then have the option to make a formal appeal of
that decision.
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Under Section 23.308(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:
1. If the Council agrees with the Planning & Housing Director's preliminary decision,
the Council can adopt the resolution approving the proposed plat of survey. This
alternative requires that the waiver request of the density standards be
approved prior to approval of the Plat of Survey.
2. If the City Council does not approve the waiver request, the Council should refer the
proposed Plat of Survey back to staff for a final decision of denial.
MANAGER'S RECOMMENDED ACTION:
If the City Council determines that the proposed plat of survey satisfies all code
requirements, which requires the approval of the waiver of the density standards
required for the Urban Residential land use designation of the Ames Urban Fringe Plan,
then the Council can adopt the resolution approving the proposed plat of survey.
Assuming that is the case, it is the recommendation of the City Manager that the
City Council accept 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 City Council approval.
Once signed by the 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 will 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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