HomeMy WebLinkAboutA001 - Council Action Form dated November 15, 2016 ITEM # 30
DATE: 11-15-16
COUNCIL ACTION FORM
SUBJECT: RURAL PLAT OF SURVEY FOR BOUNDAY LINE ADJUSTMENT
AT 3615 ZUMWALT STATION ROAD
BACKGROUND:
The City's subdivision regulations are found in Chapter 23 of the Ames Municipal Code.
These regulations include the process for creating or modifying property boundaries and
for determining if any improvements are required in conjunction with the platting of
property. The regulations also describe the process for combining existing platted lots or
conveyance parcels in order to create a parcel for development purposes. A plat of survey
is allowed by Section 23.309 as a boundary line adjustment.
3615 Zumwalt Station Road is located within Story County and the Urban Services Area
Designation of the Ames Urban Fringe Plan. The site is approximately one quarter of a
mile west of the intersection of State Street and Zumwalt Station Road (see Attachment A,
Location Map). The 3615 Zumwalt property contains a home owned by the Sanders. The
larger farmland to the north and west is owned by Champlin Farms LLC, and has no
residence on the property. The proposed boundary line adjustment resolves a dispute
of ownership of approximately 60 feet of land along the rear property line of the
3615 Zumwalt Station Road property. (See applicant letter Attachment C) As part of
the survey approval, the applicant requests the City Council waive the requirement
to completely survey the existing boundaries of both properties that are part of the
boundary line adjustment and accept the complete survey of the smaller adjusted
property at 3615 Zumwalt Station Road. City standards require a complete survey while
County Auditor's recording requirements do not require a complete survey of both original
parcels that are part of a plat of survey.
The Champlin Lloyd Farm LLC own multiple properties in this area. The subject Champlin
property with this plat of survey is approximately 60 acres and surrounds the Sanders' 1.6
acre parcel on the west and to the north. The Sanders seek to increase their parcel size as
a result of a settlement between the two property owners giving the Sanders legal title to a
strip of land they thought they already owned. To do so requires moving of the north
property line approximately 60 feet further north. Approximately 0.93 acres would be
exchanged between the two sites as part of the boundary line adjustment. (See Plat of
Survey as Attachment B)
The Ames Urban Fringe Plan designates the future use of this property as Urban
Residential. For property in Story County with this land use designation, the area is to be
urban in character and become part of a municipal jurisdiction as it develops, under the 28-
E Intergovernmental Agreement with Story County. The Urban Residential designation is
to be annexed and then developed at an urban density with infrastructure and subdivision.
Development of property, including subdivision, is typically required to be annexed to the
City prior to approval of development. Authority to approve subdivisions within the Urban
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Residential area has been delegated exclusively to the City as part of the 28-E agreement.
However, both property owners do not wish to annex at this time and request that
the plat of survey be approved without annexation. The Sanders have provided a
signed covenant agreeing to future annexation as is customary by the City for rural
development. The Champlin property owner has not signed such a covenant and does not
desire to do so as part of this process.
There are -no additional parcels being created with the Plat of Survey, therefore, City
subdivision standards do not require any additional infrastructure with the proposed plat of
survey. Waiving the infrastructure requirement for a subdivision is usually the basis for
requiring the .property owner to sign three customary agreements pertaining to future
annexation, assessment, and water buyout. The only agreement that is necessary in this
situation is an Annexation Agreement, since it is a boundary line adjustment that does not
permit additional development. There is no plan at this time, by either owner, to further
urbanize this area. The Champlin property combined with the other holdings in the area
would be a prime development area within the Southwest Growth Area in the future.
The applicant requests waiving of Section 23.308(3), which necessitates the adjacent
property owned by Champlin to be surveyed along with the Sanders' parcel (see
Attachment C, Applicant's letter). Section 23.103 of the Subdivision Code does allow
waivers of the Subdivision Code if approved by the City Council. The Champlin parcel is
not included in this proposed plat of survey. Usually, a boundary line adjustment would
result in a plat drawing of two parcels. In this instance, however, the applicant is requesting
a waiver of Section 23.308(3) to create a survey of only the resulting Sanders parcel. The
applicant believes that requiring the Champlin property to be surveyed presents an
extraordinary hardship on the Sanders, due to the size and configuration of the Champlin
property.
The two parcels are located in the "Urban Service Area (USA)" of the Urban Fringe. This
particular area is designated in the LUPP as part of the SW Growth Area. Story County
has waived the exercise of its subdivision authority in areas designated as USA. The USA
is the area adjacent to the City limits and is planned for urban development. Land in the
USA should be protected from any form of development that would constrain the efficient
growth of the community. Inappropriate development in USA would include low-density
development lots served by on-site wastewater treatment systems and other forms of rural
development. The proposed Plat of Survey is not for the purpose of additional, or
development that would be inconsistent with the USA.
Approval of this plat of survey will allow the applicant-to prepare the official plat of survey,
submit it to the Planning and Housing Director for review. The Director will sign the plat of
survey confirming that it fully conforms to all conditions of approval. The prepared plat of
survey may then be signed by the surveyor, who will submit it for recording in the office of
the County Recorder.
ALTERNATIVES:
1. The City Council can adopt the resolution approving the proposed plat of survey and
waiver of Section 23.308(3), exempting the Champin property from being surveyed as
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part of the Plat of Survey for 3615 Zumwalt Station Road, and accepting the annexation
covenant from the Sanders.
2. The City Council can adopt the resolution approving the proposed plat of survey and
waiver of Section 23.308(3), exempting the Champin property from being surveyed as
part of the Plat of Survey for 3615 Zumwalt Station Road, and require the Sanders to
sign all three customary agreements pertaining to future annexation, assessment, and
water buyout, if necessary.
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 deny the proposed plat of survey and require both property
owners to apply for annexation.
5. The City Council can refer this back to staff and/or the owner for additional information.
MANAGER'S RECOMMENDED ACTION:
Staff has determined that the proposed plat of survey for a boundary line adjustment does
not trigger City infrastructure requirements. Waiving the requirement for surveying of both
properties would reduce the cost for the Sanders to complete the process.
Due to the overall size and number of properties under Champlin ownership it appears that
a larger annexation plat would have to be completed and that a survey of one of the
Champlin properties is not essential at this time. A covenant agreeing to voluntary
annexation, has already been received by the City and signed by the Sanders in support of
the proposed plat of survey.
Due to the broader land holdings in the area, the Champlin property is expected to be part
of a larger annexation process in the future when the property is able to be developed
within the City. The proposed boundary line adjustment has no effect on the ability to
complete future annexation. Any future subdivision or development to either property
would have to be approved by the City of Ames since it is a designated Urban Service
Area in the Ames Urban Fringe Plan. Staff finds that the proposed plat of survey is not
inconsistent with the Ames Urban Fringe Plan intent for new development to occur with the
City and maintaining agricultural areas on the perimeter of the City would not inhibit future
urbanization of the area.
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, waiving the requirement of a complete survey of both original properties,
and accept a covenant for future annexation for the Sanders property.
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ADDENDUM
PLAT OF SURVEY FOR 3615 ZUMWALT STATION ROAD
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:
Owners: Francis D. & Suzanne J. Sanders
Existing Street Addresses: 3615 Zumwalt Station Road
Assessor's Parcel#: 0917400380
Legal Description: Parcel 'H':A part of the Southwest Quarter of the Southeast
Quarter of Section 17, Township 83 North, Range 24 West of the 5th P.M., Story
County, Iowa, being more particularly described as follows: Commencing at the
Southeast Corner of said Southwest Quarter of the Southeast Quarter; thence
N00°3024"W, 251.81 feet along the East line thereof to its intersection with the
northerly line of the former railroad and the point of beginning; thence continuing
N00°30'24"W, 205.20 feet; thence S86°34'24"W, 346.88 feet to an existing fence
line; thence S00004'21"E, 399.85 feet along said line to the north right of way line of
Zumwalt Station Road; thence S89°26'29"E, 45.59 feet along said line to the
northerly line of said former railroad; thence N54026'41"E, 371.18 feet along said
line to the point of beginning, containing 2.53 acres
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.
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ATTACHMENT A: LOCATION MAP
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ATTACHMENT B: PROPOSED PLAT OF SURVEY
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PLAT OF SURVEY
LOCATION: IN THE COUNTY, SEI IOWA4, SEC. 17-93-24
STORYPROPRIETORS: EXIFRANCISGD. G SUZANNE J.SANOERS
REMAINDER:
CHAMPLIN LLOYD FARM, LLC
REQUESTED BY: JOHN TILLO, PASLEY 6 SINGER LAW
SURVEYOR: STUNBRO 6EASSOCIATESPLAND77161
SURVEYING
P.O. BOX 1564
AMES. IA 50010
515-233-3589
����,,,,rrrrME CORNER
lr_SWS/4, SES/4
Survey Description-Parcel 'H': SEC. 17-83-24
A part of the Southwest Quarter of the Southeast Quarter Of Section 17. FOUND BOLT
Township B3 North, Range 24 West Of the 5th P.M., Story County, Iowa,
being more particularly described as follows' Commencing at the
Southeast Corner of said Southwest Quarter of the Southeast quarter; sM.m^g Q
thence NDO'30'24'W. 251.81 feet along the East line thereof t0 its e
intersection with the northerly line of the former railroad and the
point of beginning: thence continuing N00'30'24'W. 205.20 feet: thence c c Q�4•
S86.34'24'W. 346.88 feet to an existing fence line: thence SOO.04'21'E.
399.85 feet along said line to the north right of way line of Zumwalt zz
Station yyRoad; thence S09'26'29'E 45.59 feet along said line to the
alongBas dllineotosthe paint of abeginninghecontaining 2.53 acres. feet iao.nN
NE CORNER
EC/4, 3-2 SE3/4
S
:p SEC. 17-8-83
N FOUND %' CUT
This lat was pprepoared to amend the boundary of an existing tract as vi IN CONC. POST
Pager375. Annewedeedris required ifor theanewsparcel1971, in Book 104, $
s
The . with
City Resolution
approved this Plat er 6urvay On
N
2017, with Resolution No. I certify that it conforms t0 all m
conditions for approval.
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Tanning and—Housing Director SET 1/2" REBAR
W/ YELLOW CAP
586'34'24'W 346.88' #17161 (TYPICAL)
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d o i LINE
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3a..' BlaHTOF VAX.1JINE_ SEC. 17-83-24
Soo•04.21'E---.i FOUND BOLT
33.00' 589 Z6'29'E
4 1 Sae.n' S89'26'29'E
°—" 689926'29'E 1330.30i 1327.90'
S S/4 CORNER ' ', E CORNER
SEC. 17-83-24 ZUMWALT STATION ROAD (66') SWS/4, SE1/4
SET 1/2' REBAR SEC. 17-83-24
W/YELLOW CAP SET 1/2" REBAR
417161 W/YELLOW CAP
017161
I hereby certify that this land surveying tlocument Was prepared and the related 0p►OLEy STG
aurvay work was performed by me or under my direct persona) supervision and that I J o
am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Q.• o
Date: I ISI g
R. Bradley Stumbo License d17161
My license renewal date is December 31. 2017 fOiw
Job 015944 Date: 10/17/16 Fieldwork Completed: 9114116 Page 1 of 1
5TUME30 1A550G 1 PATES LAND SURVEY I NG
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ACHMENT C: APPLICANT'S LETTER
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PASLEY AND SINGER LAW FIRM, L.L.P.
-ESTABLISHED 1906-
JOHN L.71MMUNG 323 SIXTH STREET 0.H.PASLEY(1870-1962)
JANE M.MATHISON P.O. BOX 664 R.G.PASLEY 11911-20O7)
FRANKUN J.FEILMEVER W.A.SINGER(1 9 1 7-201 11
FRA N UA. J.F AMES, I OWA 5001 0-0664 LARRY R.OURTIS 11945-201 61
TELEPHONE: (51 5) 232-4732 D.A.PASLEY(RETIRED)
FAX: 151 51 232-4756 S.A.HOLM(RETIRED(
SOOT?L.HIPPEN(RETI RED)
AMANDA HAOBID
BTAOEY 0.RODERG SENDER'S EMAIL:
JTILLO@BIN GERLAW.COM
September 21,2016
Julie Gould
Planning and Housing Dept.
City of Ames
515 Clark Ave.P.O.Box 811
Ames,IA 50010
Re: Plat of Survey for Real Estate Locally Known as 3615 Zumwalt Station Road;
Request for Waiver Pursuant to Section 23.103,City Code
Dear Ms.Gould:
As you know,I represent Francis (Dean) and Suzanne Sanders ("Sanders"). The Sanders
own real estate locally known as 3615 Zumwalt Station Road,Ames,IA. For your reference,
the Sanders have good,unencumbered legal title to the parcel legally described in the attached
copy of the warranty deed filed in the Story County Recorder's Office at Book 104,Page
375. The Plat of Survey Application Form executed by my clients on September 19,2016
and submitted to the City Planning and Housing Department by Stumbo&Associates Sur-
veyors on September 20, 2016, demonstrates the proposed new boundary for this parcel.
Please refer to the"North Line Existing Tract"dotted line in that Plat of Survey application
for graphical reference of the existing boundary line for which they have legal title.
I write to request a waiver of the requirement of City Municipal Code Section 23.308 which
would necessitate, in the absence of a waiver, the adjacent property owned by Champlin
Lloyd Farm, LLC ("Champlin")to be surveyed along with the Sanders'parcel. It is the
Sanders'belief that requiring survey of the Champlin property would place an extraordinary
hardship on the Sanders,or,in the alternative,would prove inconsistent with the purpose of
the Regulations due to other conditions when attempting to adjust the legal boundary lines
between the Sanders'real estate and ChamplWs real estate. Section 23.103(1)allows waiver
of the Regulations in total,not just waiver of the application of one provision of the Regula-
tions, and the fact that the Sanders are only asking for the waiver of one provision of the
Regulations(namely,the requirement that the surveyor survey the adjacent Champlin prop-
erty), and have agreed to consent to future annexation shows their good faith approach to
this process.
WWW.BINGERLAW.COM
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PASLEY AND SINGER LAW FIRM, L.L.P.
September 21,2016
Letter to Julie Gould,City of Ames Planning and Housing Department
Page 2
It is the Sanders'belief that requiring the surveyor to survey the adjacent Champlin property
would cause an extraordinary hardship or prove inconsistent with the purpose of the Regu-
lations because, for one, the Champlin property at issue is unusually and extraordinarily
large. It dwarfs the Sanders'small little homestead. The Champlin property is a swath of
61.31 acres,of which less than approximately 5% (by my calculation)of the Champlin par-
cel's boundaries would be affected by this adjustment. The parcels are not remotely close in
size.
Secondly,it would cause extraordinary hardship and prove inconsistent with the purpose of
the Regulations because providing the funds to pay the-surveyors' fees to survey the
Champlin property in addition to the Sanders'property would cause unnecessary financial
difficulty for the Sanders. The Sanders are both retired,have modest means,and have spent
a significant amount of their funds already on attorneys'fees in attempting to resolve this
legal title issue. So little of this large property borders the boundary at issue between the
Sanders and Champlin. The Sanders are not developers,but merely long-time residents of
Story County(they lived at this address for more than 45 years as the City grew outward to
them)who are getting roped into the Subdivision Regulations.
Furthermore,City Council may waive the requirements of the Regulations so that"substan-
tial justice may be done and the public interest secured." This would seem to be just the sort
of situation where that would be the case.
It is also my understanding there is not an established policy for how the City will move
forward with boundary line adjustments. It is my understanding the City granted a Plat of
Survey for a Boundary Line very similar to this one in another case. In fact,I believe the
parcel involved was much larger in that previous case and may have been slated for actual
subdivision(in the colloquial sense) and building of residences (I could be mistaken here
though). Regardless,these are not the facts here.
In the simplest form,this is just an exercise to clear legal title to a strip of land running along
the northern boundary of my clients'real estate between two represented parties. We are
essentially just trying to clear up long-standing occupational lines between the parties and
legally transfer title to real estate my clients have openly occupied,improved,and otherwise
maintained since 1971. There will be no change to street frontage,no change to access,and
we're not proposing the creation of a new lot.
The Sanders moved to this parcel in 1971 and believed they owned up to the pre-existing
fenceline which was already in place upon their arrival. This narrow strip of land is legally
owned by Champlin Lloyd Farm,LLC("Champlin")as part of a greater contiguous tract,
but Champlin and Sanders agreed to transfer title to this parcel to Sanders pursuant to a
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PASLEY AND SINGER LAW FIRM, L.L.P.
September 21,2016
Letter to Julie Gould,City of Ames Planning and Housing Department
Page 3
settlement agreement. There are absolutely no plans to develop this small property upon
which the Sanders'homestead sits. I do not think the Subdivision Code was written with
.the intent to apply unnecessary burdens to single-family landowners,but rather to do"sub-
stantial justice." Sea 23.103(1).
I note that Sec.23.102(1)(b)states that one of the purposes of the Subdivision Regulations is
to"provide for a balance between the use rights of individual landowners and the economic,
social,and environmental concerns of the public when the City is developing or enforcing
its land use regulations." I think the City has accomplished this balance already by exacting
my clients'agreement to enter into a written covenant with the City agreeing to future an-
nexation of this property and waiver of any future owner's right to withdraw the annexation
request. If the City does not allow this Plat of Survey including solely the Sanders'parcel to
proceed,particularly without waiver of just one requirement of the Regulations requiring
survey of the adjacent Champlin parcel, and essentially puts a stop to my clients'plans to
purchase legal title to a strip of land they have actually occupied since 1971,they will be
greatly disappointed and I,frankly,don't know what they(or I)can do next.
Additionally,I would like to reiterate(as I have informed you over the phone and was al-
luded to above)that my clients agree to enter into a written covenant with the City agreeing
to future annexation of this property. It is my understanding City staff has not formally
prepared this agreement yet,but the sample form sent by you,Julie,suffices,and the Sanders
would be willing to insert their names into the agreement where provided in that form.
Thank you for your time;I look forward to hearing from the City with its decision soon.
Sincerely,
John A.Tillo
Attorney at law
enc.
9
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and a os Form a..owo. 'rre,c..aeyss FEB $2 0 50 ! 900 Fc 10
" WARRANTY DEED - JOINT TENANIFA�AFq, ''
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Know All Men by These Presents: TOAA.Alva-Toglor..and..Maude:.Taylor.,..huebalyd
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As Joint Tenonta with Fall liig9ds of Stin•vivorabip,and not as Tenants In Common,the following dwaribed
real estate,d0dited in ......»__.._.._...§t4xY....»_..........
County,Iowa to wit:
Commencing st.a point on.the 4ast:;1ine of.the West Half of Southeast Quarter,of;.Section
17, Township 83 North, Range 24 West of the_5th P. M. Iowa, where the.said,line.ior,
boundary intersects the North boundary line of the right-of-wAp of the'Fort Dodge, Des
Moines"and'Southern Railroad; thence"dua'North:ofi said East Boundary line of said West'
hat 144 Feet and 5 inches, thence due West at a right angle 350 feet,.thence•,due South
at right angle 342,feet to the North ling or boundary of.the public road, thence due
E iat"'Et a right angle on 'thesaid North boundaiy.' " . -- ...,d'•mad'to a point where the
said north line of said road intersects the North boundary,line,of said.right of w$y,
ttieiioe'northeaet"along the said'North l3he.of'the"ssid`rigght=of=way to plaoo*of be-
ginning:
And the pantora do Hereby Covenent'with the said grantees, and ouaeeaeors in interact,that said
grantq>a*hold said real estate by title in fee simpless�that they have good and lawful enthorit7 to gall and
convey the same;that said ppremises are Free and Olear of all Liens and Bnoumbrancea ,Whatsoever ea
.the may
al o]be of all persona whomsoever,id mo:captrs ve may be enant to ebovetst ed.'efend the said premisav against
Bub of the undersigned hereby relinquishes•all rights of dower,homestead and distributive share in and
to the above described promises.
Words and phrases herein,including acknowledgment hereof,shell be construed as in the singular or plural
number,and as maeeuline,feminine or neuter gender,aeeordfug to the oontezt,
Signed this.....20th day of...._.......AIIgast........_......._....,18»71
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STATID OF IOWA �
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be ails__9qth___day of.August,,A A.1s,-�1 y+{
before me,the underalaned,a Notary Hublio in and for.rid t Y /`
antpVdaiiistd tltrio.Dmossally oppsamd_ayu Taylor !?�.; >.':: � •.ii. s
�0a`n,Q,M5ada'' ' r,>_husband
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t9 m SwL 6o r o tdenural persoae name4 to a'ad who
;�Ilex sled M1lte g Instrument,and ackriawlddsad that t ;•I'. ..,����,,'Ssaep .:7
.; N '• m thdr voluntary act and deed.
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INSTR.NO. -Sllfs�`>e4 FILED FOR RECORD THE �•� DAY OF II STATHAp IOWA.STORY COUPITY.-
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