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Home My WebLink AboutA001 - Council Action Form dated January 27, 2015 ITEM # 24 DATE: 01-27-15 COUNCIL ACTION FORM SUBJECT: PLAT OF SURVEY FOR 230 S. 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 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, non-conforming lot 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 vacant property on the northeast corner of South Duff and Southeast 3rd Street, the site of a new restaurant and the adjacent property to the east (see Attachment A). The Plat of Survey shifts the boundary between those two properties, because the access drive will be owned by the restaurant. This drive will still provide access for the car wash to the north and the industrial facility to the east. An existing and a new easement provide for the shared access. The easement does not require City Council approval, but the easement document will need to be reviewed by the Planning and Housing Director before the Plat of Survey is recorded. The proposed Plat of Survey is Attachment B. Approval of the resolution will allow the applicant to prepare the official plat of survey, and the Planning & Housing Director to review and sign the plat of survey confirming that it fully conforms to all conditions of 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. ALTERNATIVES: 1. The City Council can adopt the resolution approving the proposed plat of survey with the condition that the signed access easement document be reviewed by the Planning and Housing Director before the Plat of Survey is recorded. 2. 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. 3. The City Council can refer this back to staff and/or the owner for additional information. 1 MANAGER'S RECOMMENDED ACTION: The Planning & Housing Department has determined pursuant to 23.308(4)(c), that the proposed plat of survey satisfies all code requirements and has rendered a preliminary decision to approve the proposed plat of survey. Therefore, it is the recommendation of the City Manager that the City Council accept Alternative #1, thereby adopting the resolutions approving the proposed plat of survey with the condition that the signed access easement document be reviewed by the Planning and Housing Director before the Plat of Survey is recorded. 2 ADDENDUM PLAT OF SURVEY FOR 230 S. 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: Owner: Valley Bank& JMH Corporation Street Address: 230 S. Duff Ave. & 217 High St. Assessor's Parcel #: 09-11-204-005 & 09-11-204-055 Legal Description Parcel G: PARCEL"G"LOCATED IN PARCEL"V IN BLOCK 4 OF KI NGSBURY'SADDITION TO THE CITY OF AMES AND ALSO IN PARCEL"AW IN LOT"M" BEING APART OF LOT 2 IN THE SUBDIVISION OF THE NORTHWEST 1/4 OF THE NORTHEAST/4 OF SECTION 11 AND APART OF PARCEL"N" IN LOT 1 OF THE SUBDIVISION OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 11,ALL IN TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P,M.,CITY OF AMES,STORY COUNTY,IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE SOUTHEAST CORNER OFA CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL"E"IN BLOCK 4 OF KI NGSBURY'SADDITION TO THE CITY OF AMES AS SHOWN IN INSTRUMENT NO. 2008-00002384 IN THE OFFICE OF THE RECORDER,STORY COUNTY,IOWA;THENCE,N89°57'58"W 144.04'ALONG THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL "E";THENCE,N87"54'23"W 108.05' ALONG SAID SOUTHERLY BOUNDARY LINE;THENCE,N57°59'40"W 27.24'ALONG SAID SOUTHERLY BOUNDARY LINETO`I'HE SOUTHWEST CORNER OF SAID PARCEL"E" SAID POINT ALSO BEING THE EAST RIGHT OF WAY LINE OF S. DUFF AVENUE,AS PRESENTLY ESTABLISHED;THENCE,N0°31'55"W 160.73' ALONG SAID EAST RIGHTOF WAY LINE TO THE NORTHWEST CORNER OF SAID PARCEL"E";THENCE, S89°08'14"E 32.2.93'ALONG THE NORTH LINE OF SAID PARCEL"E"EXTENDED;THENCE,SO°33'51"E 134.07';THENCE,S89°26'09"W 8.22';THENCE,SO°33'51"E 12.12`;THENCE,S8°47'17"E 19.70'TO THE SOUTH BOUNDARY LINE OFSAID PARCEL "AC!";THENCE,S89"56'21"W42.60'ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAID PARCEL"AW AND THE EAST LINE OF SAID PARCEL"E";THENCE, 50°33'S1"E8.55'ALONG SAID EAST LINETO THE POINT OFBEGINNING. PARCEL"G"CONTAINS 1.28 ACRES. SUBJECT TO EASEMENTSAND RESTRICTIONS OF RECORD, IFANY. 3 Legal Description Parcel AZ: DESCRIPTION PARCEL"AZ" PARCEL"AZ" LOCATED IN PARCEL "AQ" IN LOT "M", BEING A PART OF LOT 2 IN THE SUBDIVISION OF THE NORTHWEST 1/4 OF THE NORTHEAST/4 OF SECTION 11 AND A PART OF PARCEL "N" IN LOT 1 OF THE SUBDIVISION OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 11, ALL IN TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL"AQ" AS DESCRIBED IN INSTRUMENT NO. 2010-00012298 IN THE OFFICE OF THE RECORDER, STORY COUNTY, IOWA; THENCE, N1`03'38"E 269.04'; THENCE, N89°14'50"W 181,031; THENCE, SO°48'11"W 65.71'; THENCE, N89°20'59"W 185.13 TO THE EAST LINE OF A CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL "D" AND RECORDED IN INSTRUMENT NO. 01-05349 IN THE OFFICE OF THE RECORDER, STORY COUNTY, IOWA; THENCE, S0033150"E 41.65' TO THE SOUTHEAST CORNER OF SAID PARCEL"D", THE AFORESAID ALL BEING ALONG THE BOUNDARY OF SAID PARCEL"AQ"; THENCE, S89008'141E 48.01'; THENCE, SO"3351"E 134.07'; THENCE, S89°26'09"W 8.22'; THENCE, SO'33'51"E 12.12'; THENCE, S8°47'17"E 19.70' TO THE SOUTH LINE OF SAID PARCEL "AQ"; THENCE, N8905621"E 317.43' ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. PARCEL"AZ" CONTAINS 1.81 ACRES. SUBJECT TO EASEMENT: AND RESTRICTIONS OF RECORD, IF ANY. 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 23.409. ❑ 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. 4 ATTACHMENT A LOCATION MAP ?Wag ltw �- 7-4 - S 2ND ST �` SE 2ND ST SSE 2ND ST SE 2ND ST � � r %�� a 5 z' - Yl u r -_ S.3R�D ST ::: SE 3RDST SE 3RD ST Subject ROMP a Property ro� LOCATION MAP 230 S. Duff & 217 High f 5 ATTACHMENT B PROPOSED PLAT OF SURVEY (SEE NEXT PAGE) 6 OLD CAF 35 ITEM 14 DATE: 01- 5 COUNCIL ACTION FORM SUBJECT: WATER MAIN EASEMENT VACATION AT 230 SOUTH DUFF AVENUE BACKGROUND: The property owner is in the process of developing the lot at 230 South Duff Avenue (northeast corner of South Duff Ave and SE 3Id Street). The lot currently has a 12" water main that runs from east to west through the middle of the lot. Attachment A shows the existing lot, water main, and easement. The configuration of the proposed building would be in conflict with the water main. The main needs to be relocated and placed in a new easement or to be abandoned with the existing easement vacated. Staff has evaluated the water main in the location and determined that there is no need to have this level of redundancy within the water system in this area. The lot can be served from existing mains on both the east and west sides of the property. Thus, the main can be abandoned and the easement vacated without any negative consequences. The developer will be responsible for the costs related to the abandonment of the existing main. ALTERNATIVES: 1. Set January 27, 2015, as the date of public hearing for the proposed vacation of the existing water main easement at 230 South Duff Avenue. 2. Direct staff to pursue other options. MANAGER'S RECOMMENDED ACTION: Since the main is no longer required for redundancy and the lot can be served from other mains adjacent to the site, abandoning the main and vacating the easement will allow the property owner to develop the property in a more cost effective manner. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. F n " « x 1 � I it �I N s § � t pp k � a � [ e 4 Existing Water Main I Existing Water Main Easement LL LL i � y ^ N. 12" SE 3RD S �.. ......w .. 4 A. a ,2aa ,. .r, N .Y cM or .e m w •nme.rea�.d...m.¢ru.nm� p ie.e-..e«nmu«.,n.M1 env P mno.o�.c..en,nm.x....ae p ....in.wm.�ro�e.�.,mmiia.¢.acr.cemµerw..,r.T.rn.e,m.�cn.m.exry.m�ni...poi of in..pwowi..�.»re,.n,..e meN en�n.ue. 230 South Duff 1 in = 50 ft Water Main Easement Scale: Attachment A Date:12/12/2014