HomeMy WebLinkAboutA002 - Resolution No. 14-275 adopted May 13, 2014 ITEM # 51
DATE: 05-13-14
COUNCIL ACTION FORM
SUBJECT: PLAT OF SURVEY FOR 551, 703, 705 SOUTH DUFF AVENUE
BACKGROUND:
Subdivision regulations for the City of Ames are part of Chapter 23 of the Ames Municipal
Code. The Subdivision Code includes the process for creating or modifying property
boundaries and for determining if any improvements are required in conjunction with the
platting of property. The City also uses the Subdivision Code as means of reviewing the
status of conveyance parcels, which are non-conforming lots created through a private
conveyance of land, to determine if the lot is indeed a buildable lot. A Plat of Survey is a
single-step review within Section 23.308 for City Council approval of minor activities, such
as boundary line adjustments and conformance determination of conveyance parcels.
The proposed plat of survey is for the consolidation of three lots, 551, 703 and 705
South Duff Avenue, along the west side of South Duff Avenue, north of Squaw
Creek. (See Attachment A, Location Map) The properties are owned by Hunziker
Properties, LLC and E-M Hunziker, LLC. The plat of survey consolidates the three
existing properties into one new 4.52 acre Parcel AY for the purpose of
redevelopment of the property for commercial uses. The new parcel will be addressed
as 701 South Duff Avenue. (See Attachment B, Proposed Plat of Survey)
Although a public sidewalk is in place along the entire frontage of the proposed Parcel AY,
a shared use path is in place only along a portion of the frontage. In accordance with Ames
Municipal Code Section 23.309(3) the shared use path must be completed across the
remaining frontage of the proposed parcel. The applicant believes that installation of
this path before the property is developed would be premature and thus requests
that this requirement be deferred until development of the site (in accordance with
Ames Municipal Code Section 23.403(14)(a)(i)). An Agreement for Shared Use Path
deferral accommodating this request is presented for City Council consideration.
There is no proposal to define or limit access from a public way as a condition of this Plat
of Survey. Future access will be determined during the site planning approval process by
the City and the Iowa Department of Transportation. Staff also notes that the City has an
80-foot right-of-way along the south property line to provide access to City property west of
the site. This right-of-way and easement will remain as part of this Plat of Survey. The
property owner will likely request a reconfiguration of this access in conjunction with
development the site.
Approval of this plat of survey will allow the applicant to prepare the official plat of survey,
and the Planning and Housing Director to review and sign the plat of survey confirming
that it fully conforms to all conditions of approval. The prepared plat of survey may then be
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signed by the surveyor, making it the official plat of survey, which may then be recorded in
the office of the County Recorder.
ALTERNATIVES:
1. The City Council can adopt the resolution approving the proposed plat of survey and
approve the attached request for Shared Use Path deferral.
2. The City Council can adopt the resolution approving the proposed plat of survey and
require installation of the Shared Use Path prior to recording for the Plat of Survey.
3. The City Council can deny the proposed plat of survey if the City Council finds that the
requirements for plats of survey as described in Section 23.308 have not been
satisfied.
4. The City Council can refer this back to staff and/or the owner for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
Staff has determined that the proposed plat of survey satisfies all code requirements and
has made a preliminary decision of approval. Deferral of the installation of a required
shared use path, but requiring installation before a new building is occupied, is not unusual
for commercial development. Therefore, it is the recommendation of the City Manager
that the City Council accept Alternative #1, thereby adopting the resolution
approving the proposed plat of survey and approving the attached Agreement for
Shared Use Path.
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ADDENDUM
PLAT OF SURVEY FOR 551, 703 & 705 SOUTH DUFF AVENUE
Application for a proposed plat of survey has been submitted for:
❑ Conveyance parcel (per Section 23.307)
® Boundary line adjustment (per Section 23.309)
❑ Re-plat to correct error (per Section 23.310)
❑ Auditor's plat (per Code of Iowa Section 354.15)
The site is located at:
Existing Street Addresses: 551, 703 & 705 South Duff Avenue
New Street Address: 701 South Duff Avenue
Owner: Hunziker Properties, LLC and E-M Hunziker, LLC.
Assessor's Parcel #: 0911176080, 0911325010 and 0911325020
Legal Descriptions:
Tract #1:
Lot 20 and the South 22 feet of Lot 19 in Cayler s Second Addition to Ames, Story County, Iowa.
Tract #2:
The North 155.25 feet of the East 641 feet of the NE1/4 of the W1/4 of Section 11. Township 83 North,
Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, except the East 93 feet thereof.
Tract #3:
A part 0f the SW]/4 of Section 11, Township 83 North, Range 24 West of the 5th P.M., City of Ames.
Stor County Iowa, described as follows: Commencing at the NE Corner of the SWI/4 of said Section
y
11, thence 89 w%. 641 feet along the North line of said SW1/4, thence South, 155,25 feet, thence
N89'54'E, 41.15 feet to the point of beginning, thence continuing N89'54'E. 506.65 feet, thence
South along the West line of Duff Avenue, 80 feet, thence S89'54'W, 420.3 feet, thence South, 331.2
feet, thence N68'44'W, along the approximate centerline of Squaw Creek, 92.5 feet, thence N00'06'W,
377.85 feet to the point of beginning, except the South 19 feet of the East 14 feet thereof;
and Beginning at a point on the quarter section line 235,25 feet South of the center of said Section
11; thence West 513 feet, thence South 9 feet, thence East 513 feet, thence North 9 feet along the
quarter section line to the point of beginning, except the East 107 feet thereof.
Public Improvements:
The preliminary decision of the Planning Director finds that 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
23.403(14). (Shared Use Path)
❑ Not Applicable.
Note: The official plat of survey is not 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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ATTACHMENT A
LOCATION MAP
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551 -705 South Duff
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ATTACHMENT B
PROPOSED PLAT OF SURVEY
R. BRADLEY STUMBO P.O. BOX 1664 AMES. I0'AA 50010 515-233-3689
PLAT 4F SURVEY
• i 93.00'
W COR_ LOT 19 S F�aC �� 2 NE C R. LOT 10
AR
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71.55' N. As eITNESS ti a
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- - - 195.90, N. AS R ITTESS Cc
Im'!4+zDk°i TO CORNER IN CREW O cD
PROPRIETOR: W
E-H HUNZIKER, L.L.C. �I
5URYEY REOUE5TEO BY:
SCOTT RENAUO ..G
FOUND 1/2" REBAR
ig566LLON CAP �
90.00'
SurveyDescription-Parcel 'AY':
Lot 20 and the South 22 feet of Lot 19 in Cayler's Second Addition to Apes, Story County, Iowa, and part
of the Northeast Ouarter of the SDUthweat Quarter of Section if, Township 03 North, Range 24 Neat 0f the
7th P.N., City of Apes, Story County, Lora, a33 together pe ing tlescrlpetl es fa3lows: BegSnning et the
Southeast Corner of said Lot 20' thence S00'2063'E 2i6.% feet along the Meet right of wa line of
South Duff Avvnue; thence 989.27'37'N, 14.00 feet; 3hance 900.20'53'E, 28,00 feet; thence 969.27'37'N,
406.17 feet; thence 900'20'53'E, 321.21 feet to the approximate center3ine of Squaw Creek; thence
N69.49'20"N, 91.84 feet along saitl 31ne; thence NDO.29'77"N, 377.71 feet; thence 5B9.27'37"N, 41.18 reef
to the Southwest Corner of the North 165.25 feet 0f the East B41 feet of said Southwest Ouarter; thence
N00'24'21'9, 155.19 foot to the 9outhwest Corner of said Lot 20: thence N00'25'42'N, 82.06 feet alongg
the Nest line of said Lots 20 and 19; thence N89'29'23'E, 549.35 feet to the East line of said Lot ig;
thence 500.32'30"E, 01.72 feet o3ong the East 31ne of saitl Lots 19 and 20 to the point of peglnning,
containing 4.52 acres.
The Ames City Counci3 approved this Plat of Survey on 2014. with
Resolution No, I certify that it conforna to all c�flona for approval.
Planning and Housing Director
Certification; I hereby certify that this land surveying
document 'was prepared and the related survey dark was performed �O,aaCEY SSG
by me or under my direct personal Supervision and that I am a O �ZCENSf�
duly licensed Land Surveyor under the laws of the State of Iowa. Q•
17161
Data:
R. Bred ley StumbD License s17161
My license renewal date is December 31. 2015 `�j I(►4A
Job s9724PS Date: 4/03/14 Page 1 of 1 Q►4_ �►r6�
Fleldwork Completed: 3/17/14
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER
Prepared by:Jessica D.Spoden,City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010;(515)239-5146
Return to: Ames City Clerk,515 Clark Ave.,Ames,IA 50010
AGREEMENT FOR SHARED USE PATH
FOR 701 S. DUFF AVENUE
The parties to this agreement are Hunziker Properties, L.L.C., their successors and
assigns, and E-M Hunziker, L.L.C., their successors and assigns, (hereinafter referred to as
"Owners") and the City of Ames, Iowa (hereinafter referred to as "City").
WHEREAS, the Owners are in the process of submitting a plat of survey for the real
estate located at 551-705 S. Duff Avenue per Chapter 23 of the Municipal Code of Ames, Iowa,
to be known as 701 S. Duff Avenue, Ames, Story County, Iowa; and
WHEREAS, the Owners are required to construct a shared use path along all frontage of
each and every lot(s) created by the plat of survey as part of the platting procedure of the City.
NOW, THEREFORE, in consideration of the premises, it is hereby understood and
agreed that:
1. The Owners shall construct a shared use path as required by the City along the
frontage for each and every lot(s) created by said plat of survey, in accordance with the plans and
specifications on file with the City's engineers and by this reference made a part of this
agreement before any city zoningibuilding permit will be issued with respect to any and all lot(s)
created by the plat of survey. In the alternative, Owners may obtain said permits and proceed
with construction pursuant to said permits with the understanding that an "occupancy permit"
under City ordinances shall be withheld with respect to any building that abuts on a segment of
the frontage for which said shared use path has not been completed until the shared use path is
completed as aforesaid. Further, if the shared use path is not completed as aforesaid for the
segment of the frontage abutting the building within twenty-four (24) months of the issuance of
the zoning building permit for that building, the said building permit shall be revoked and be null
and void with respect to that building.
2. This agreement shall be filed of record in the office of the Story County Recorder
and all covenants, agreements, promises and representations herein stated shall be deemed to be
covenants running with the land and shall endure and be binding on the parties hereto, their
successors and assigns, for a period of twenty-one (21) years from the date of the recording of
these covenants, unless claims to continue any interest in the covenants are filed as provided by
law.
Dated this day of , 2014.
HUNZIKER PROPERTIES,L.L.C. CITY OF AMES,IOWA
By By
Dean E. Hunziker, Manager John Joiner, Director of Public Works
E-M HUNZIKER,L.L.C.
By
Dean E. Hunziker, Manager
STATE OF IOWA, COUNTY OF STORY, ss: STATE OF IOWA, COUNTY OF STORY, ss:
This instrument was acknowledged before me on This instrument was acknowledged before me on
, by Dean E. Hunzkier as , by John Joiner as Director of
Manager of Hunzkier Properties,L.L.C. Public Works for the City of Ames,Iowa.
Notary Public in and for the State of Iowa
Notary Public in and for the State of Iowa
STATE OF IOWA, COUNTY OF STORY, ss:
This instrument was acknowledged before me on
, by Dean E. Hunziker as
Manager of E-M Hunziker,L.L.C.
Notary Public in and for the State of Iowa