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HomeMy WebLinkAboutA002 - Council Action Form dated August 8, 2017 ITEM # 25 DATE: 08-08-17 COUNCIL ACTION FORM SUBJECT: PLAT OF SURVEY FOR 3622 WOODLAND STREET, 303 WESTWOOD DRIVE, 3637, 3643, 3649, 3655 STORY STREET BACKGROUND: The City's subdivision regulations found in Chapter 23 of the Ames Municipal Code 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 adjusting the boundary lines of existing tracts. Section 23.308 allows the use of a plat of survey for a boundary line adjustment. This specific plat of survey is for a proposed boundary line adjustment of five existing lots and the parcel of the former Edwards Elementary school. These parcels comprise the old Edwards school site at 3622 Woodland Street, and five single-family homes addressed as 303 Westwood Drive, 3637, 3643, 3649, and 3655 Story Street. The Ames Community School District seeks to adjust the south property line 30 feet to the north to convey this area to the adjacent single-family home owners. There is an existing fence where the new property line will be located. The existing south fence on the old Edwards school property has always been located approximately thirty feet north of the actual property line. Over the years, the single-family homes have encroached onto the school's property with landscaping, gardens and in small structures in some locations. The property line location needed to be resolved since Edwards Elementary has been re-located and the District desires to clean up the property in order to sell it. Although the City's Subdivision Code allows this boundary line adjustment to be completed by a plat of survey, the County Auditor's office asks that the City Council affirm that the division of the six parcels does not require a subdivision and that the City acknowledge waiver of the preliminary and final plat requirements. The County believes that since this plat of survey involves more than three parcels, by Code of Iowa, a subdivision plat is required unless the jurisdiction waives that requirement. Staff finds that the goals of the subdivision standards for identifying property lines and the requirements of a plat of survey meet the interests for the proposed boundary line adjustment and a final plat process is not necessary for this project. If the City Council approves this plat of survey, the waiver will be incorporated into the resolution of approval. The surveyor, acting on behalf of all property owners, has requested the waiver, which can be found in Attachment D. Approval of this plat of survey (Attachment C) will allow the applicant to prepare the official plat of survey and 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. 1 ALTERNATIVES: 1. The City Council can waive the City's subdivision requirements and approve the proposed plat of survey consistent with the boundary line adjustment standards of Chapter 23. 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. CITY MANAGER'S RECOMMENDED ACTION: Staff has determined that the proposed plat of survey for a boundary line adjustment does not trigger City infrastructure requirements as defined within the Subdivision Code as existing improvements are already in place. The proposed boundary line adjustment is explicitly allowed by the Ames subdivision regulations (Section 23.308(2)) to be done through a plat of survey, although the County Auditor requests a formal waiver of the subdivision standards because there are six affected parcels. Approval of this plat of survey cleans up any property line discrepancies that exist. It also allows the Ames Community School District to clarify the property boundaries for the site to be cleared and sold. This site is intended to eventually transferred to the City for the purposes of a public park that will be paid for through fundraising efforts of the Edwards Neighborhood Association. Therefore, it is the recommendation of the City Manager that the City Council accept Alternative #1 as described above. 2 ADDENDUM PLAT OF SURVEY FOR 3622 WOODLAND STREET, 303 WESTWOOD DRIVE, 3637, 3643, 3649, 3655 STORY STREET 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: 3622 Woodland Street, and five single-family homes addressed as 303 Westwood Drive, 3637, 3643, 3649, and 3655 Story Street Owner 1 (New Parcel A) Douglas M and Ruth M Provow, 3655 Story Street, 09-05-450-060 Owner 2 (New Parcel B): Timothy Michael and Jenny Ann Arends, 3649 Story Street 09-05-450-050 Owner 3 (New Parcel C): Margaret R Newton, 3643 Story Street 09-05-450-040 Owner 3 (New Parcel D): Kim E Hasstedt, 3637 Story Street 09-05-450-030 Owner 3 (New Parcel E): Mathew S Miller, 303 Westwood Drive 09-05-450-020 Owner 3 (New Parcel T): Ames Community School, 3622 Woodland Street 09-05-450-010 New Legal Descriptions: Survey Description-Parcel 'A': Lot 7, Edgewood Fifth Addition and part of the North 40 Rods of the West 24 Rods of the Southwest Quarter of the Southeast Quarter of Section 5, Township 83 North, Range 24 West of the 5th P.M., all in the City of Ames, Story County, Iowa, and all together being described as follows: Beginning at the Southwest Corner of said Lot 7; thence N00°21'30"W, 165.82 feet along the west line of said Southwest Quarter of the Southeast Quarter; thence S89°22'03"E, 79.99 feet to the northerly extension of the east line of said Lot 7; thence S00°18'47"E, 165.82 feet to the Southeast Corner of said Lot 7; thence N89°22'03"W, 79.86 feet to the point of beginning, containing 0.30 acres. 3 Survey Description-Parcel 'B': Lot 6, Edgewood Fifth Addition and part of the North 40 Rods of the West 24 Rods of the Southwest Quarter of the Southeast Quarter of Section 5, Township 83 North, Range 24 West of the 5th P.M., all in the City of Ames, Story County, Iowa, and all together being described as follows: Beginning at the Southwest Corner of said Lot 6; thence N00°18'47"W, 165.82 feet along the west line thereof and said line extended; thence S89°22'03"E, 72.99 feet to the northerly extension of the east line of said Lot 6; thence S00°19'27"E, 165.82 feet to the southeast Corner thereof; thence N89°22'03"W, 73.02 feet to the point of beginning, containing 0.28 acres. Survey Description-Parcel 'C': Lot 5, Edgewood Fifth Addition and part of the North 40 Rods of the West 24 Rods of the Southwest Quarter of the Southeast Quarter of Section 5, Township 83 North, Range 24 West of the 5th P.M., all in the City of Ames, Story County, Iowa, and all together being described as follows: Beginning at the Southwest Corner of said Lot 5; thence N00°19'27"W, 165.82 feet along the west line thereof and said line extended; thence S89°22'03"E, 69.99 feet to the northerly extension of the east line of said Lot 5; thence S00°19'41"E, 165.82 feet to the Southeast corner thereof; thence N89°22'03"W, 70.00 feet to the point of beginning, containing 0.27 acres. Survey Description-Parcel 'D': Lot 4, Edgewood Fifth Addition and part of the North 40 Rods of the West 24 Rods of the Southwest Quarter of the Southeast Quarter of Section 5, Township 83 North, Range 24 West of the 5th P.M., all in the City of Ames, Story County, Iowa, and all together being described as follows: Beginning at the Southwest Corner of said Lot 4; thence N00°19'41"W, 165.82 feet along the west line thereof and said line extended; thence S89°22'03"E, 69.99 feet to the northerly extension of the east line of said Lot 4; thence S00°20'32"E, 165.82 feet to the Southeast Corner thereof; thence N89022'03"W, 70.03 feet to the point of beginning, containing 0.27 acres. Survey Description-Parcel 'E': Lot 3, Edgewood Fifth Addition and part of the North 40 Rods of the West 24 Rods of the Southwest Quarter of the Southeast Quarter of Section 5, Township 83 North, Range 24 West of the 5th P.M., all in the City of Ames, Story County, Iowa, and all together being described as follows: Beginning at the Southwest Corner of said Lot 3; thence N00020'32"W, 165.82 feet along the west line thereof and said line extended; thence S89°22'03"E, 72.99 feet to the west line of Westwood Drive; thence S00021'28"E, 165.82 feet along said line to the Southeast Corner of said Lot 3; thence N89022'03"W, 73.03 feet to the point of beginning, containing 0.28 acres. 4 Survey Description-Parcel 'T': Part of the North 40 Rods of the West 24 Rods of the Southwest Quarter of the Southeast Quarter of Section 5, Township 83 North, Range 24 West of the 5th P.M., in the City of Ames, Story County, Iowa, being more particularly described as follows: Beginning at the intersection of the west line of said Southwest Quarter of the Southeast Quarter with the south right of way line of Woodland Street; thence S89024'31"E, 365.95 feet along said right of way line to the west right of way line of Westwood Drive; thence S00°21'28"E, 595.90 feet along said line; thence N89022'03"W, 365.95 feet to the west line of said Southwest Quarter of the Southeast Quarter; thence N00°21'30"W, 595.64 feet to the point of beginning, containing 5.00 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. 5 ATTACHMENT A: LOCATION MAP Y M111-M„. A 3 � �� gad z k7 Q 2 15 Y f Y Thom ' — 6 ATTACHMENT B: EXISTING PLAT 5KETCH OF EXISTING TAX PARCELS RECEIVE NN coRNER JUL 2 0 2017 SEC SW1/4�63124 ' 988•zi 3f lE�369.BS• CITY OF AldES,P IOWA WOODLAND STREET (66') L'D"LANtONS 8 HOUSINNW COR.LOT I EDGEWOOD 2NO ___ 33_RIGHT MAy LINE _ _____________ 888'24'31•E 59.69, s+ t ` ni t i m PT. N. 40 RODS �$ OF W. 24 RODS —...._. fn SWS/4. SES/4 W- 241401.95 S.F. p 5.54 ACRES TOTAL d 9.25 ACRES NET 3622 WOODLAND STREET `.� PID 0905450010 > ^ x O S°i g N is IIS 1 l -r I ITNXSIIA -OCLuwAuroV LINE EOP LOTS SWIN I E%ISTING DEC.AS 366' NM COIWER S'P.U.E. N89.20'43'W 365.95' CORNER j LOT 7 00rB9:_ —72.89'— 4%491 69,89=— —7nhS9'— LOT 3 t-- m WI �jo S µ�µEj1I 8 0 (h(I[ R ci t LL o m LL �.O LLtN O Oil � 6 Li � :Y n NI 0D W m a N' N8 Q H N m V)' Ipppo'vR 't .... U Y W OI<3'I(1 < YO<� �• �.... Q'- N__i I' 0: W ~b O W -� ..-0..... a J mN_N� O._mN mo J mo ^c me ram_'- a oa m _ffi-- JSC:DGLW0Q0 M AMIN •o.o•�m n.0•�ul 70.01(w 73.0-w 0-IN 78.88' 7342' 70.00' 1 70.03' 73.03' NOB Y2'03'W N89.22'03.1 Nag-a M89'22'03•N N89'22'09'N FOUND 3/440T 7 SOC30ANER SMOOTH BAR STORY STREET (SO') ••FOUND 5/8'RE&1R ■.FOUND 3/4:REM 5TUMB0 $ A550CIATE-5 0 SET A/2'RESAR M/IYEELLLOW CAP NOTED)7363 LAND SURVEYING GRAPHIC SCALE 1'.60' SIO 5.nTN 9TREET 51NTE•N72 Job/170455M FIR 5t5-23'4WI1OMF 05 255-4403 E°9e:I7o�7117 0 60 120 180 7 ATTACHMENT C: PLAT OF SURVEY PLAT OF SURVEY LOCATION: LOTS 3-7. EGDEW00D BTH ADDITION 6 PT. S111/4, SE1/4, SEC. 5-83-24. CITY OF AWES, STORY COUNTY, IOWA PROPRIETORS: ANTS W S. MILL SCHOOL LOT 3 PG d ` NATHEN S. MILLER-LOT 3 Cy 9�§'& MIN E. HAE.SSTEDTNEW-LOT 4 TMOARET E. NEWTON-LOT 5 DDOOUGLAS MIS RUTH a�PAOV0W AMELOTs;LOT 6 3U�, g 0 2017 REQUESTED BY: GERRY PETERS. ACSD CITY OFAMES.IOWA SURVEYOR: R. 13RADLEY STUNSO, PLS 017161 13EPT.OF PLANNING&HOUSING STUNSO 6 ASSOCIATES LAND SURVEYING P.O. BOX 1664 AMES. IA 50010 515-2M-3689 Survey Dascriptlon-Parcel 'A'; LOW' 7, Edgewood Fifth Addition and Dart of the North 40 NW CORNER Rode of the Neat 24 Rods Of the Southwest Quarter 0t the 5N1/4 SE1/4 Southeast Quarter of Section 5. TOwn.hlp 93 Forth, Ronne SEC. 3-83-24 NX CDR. LOT 1 24 NOat of the 5th P.N.. all In the City Of Amee. Story WOODLAND STREET EDGEN060 2ND county Iowa, and all tagethar boin9 deacrsbed ae follows: SL BNso8121kng•pt 8Qu2°feet nlooggntna°wonliilnetoi'eold So°uthwe33a0°t Guartar of the Southeast Quarter; thence REC.AS xw• SS9.22'03'E. 79.99 feet to th.northerly eztenelon of the .___......_.......' S89.24'31'E 365.99' 944'31' seat lino of aeitl Lot 7; then.m B00'1B'4TE, 165.82 foal 33' RIGHi OF qAY LINE n n 59.69' 79.86 fo the oot tothe point of beginsaid ning, containiot 1; thence ng .33003'M• 60'(n) acres. `; Survey Description-Parcel '8% Lot U. EdggoNood Fifth Addition and ppaart Of the North 40 Rads of thin Nest 24 Rode of the Sou Inmost Quarter of the ^+ Southeast Quarter°/Section 9. Township B3 North• Range ,M1 24 Noat 01 the Sin P.N., all Sn the City o+Ames, Story $, County. I.... antl el] all boln99 described 9a follows: Be8lnnln9g at the Southwest Corner of said Lot 6: thence N00'SB'47'a 169.82 lest el.n the seat line theroa and said lino s%tendsd; thenco Sag-22'03'E, 72.99 feet to the northerlyy a.t..I. of the cost line of said Lot 8' thence ,v SOO.19'27'E 165.52 foot to the southeast Corner I wwf; _ thence N89'r22'03'N. 73.02 feet to the point of beginning. W- containing 0.28 acres. Survey Dsserlption-Petro] 'C% Lot 9. Etl9eNaod Fifth Atldltich and Gart of the North 40 Rota of the Neat 24 Rods of the Sea ha°et Quarter of the Southeast Quarter of Section 9, Township 83 North, Ranga 24 Nest o1 the 5th P.M.. ell 10 thegCity of Aa..,.Story County. Iowa. the SouthwesttCorrpp'norla saidrLot 5:thencewe: said l i2i7e•mxtended: th82 ence SO '222e'03 EL 69.99ifeet°to the northerly e%tenslon of the east line of said Lot thence Sao'1g'4a'E. 1fi9.82 feet to tna Southeast corner t OreO}; $n tnenoe N99'22'03'X. 70.00 Teat ttl the point oT beBlnning, m 1O�ygl containing 0.27 acres. Survey DavcrlPtlon-Parcel 'D': Lot d, Ed owoatl Fifth Adtlitlon and art of the North 40 PARCEL T Roaa of t�a Nest 24 Roos OT the Southwest Quarter of the W .+ Southwest Quarter of B.Ctlon B. TownShlp 83 North. Range 217887.71 S.F. 24 Nest of the Sin P.N., ell 1n the Clty of Amea. Story 5.00 ACRES county Iowa, end all together being described as follows: Su w N v Begglnnlnpp 1. the Southwest Corner°f said Lot t thence N0a'19'Ai'X, 165.82 feint alo the roost lino thereof and said line e%tendetl: thence 56 '22'03'E. BB.89 last tin in' ml; northerly e%tonalon of the meet ]ins of.aitl Lot 4• than.° fy r. F g00'20'32'E. 165.82 feet to the Southeast Corner thereof; N rr thanca N69.22'03N, 70.03 feat to the point of baBInning. containing 0.27 Brea. p {aitl, Survey OeaerlptlonjPeres] 'E': Lot 3. Etl®°wood Filth Add ;t and?art of the North 40 p Rod e of ttia West 24 Ross of the Soutnmost Quarter of the a c Southeast Quarter of Section 5. Townahlp 83 North, Range w 24 Nest of the gin P.N., all 1n the City of Ames, Story fA County, Iowa. antl oil together being described aS follows: 1i1 Beglnnig®at the Southwest Corner of cold Lot 3: thence 3 i N00'20'32'H, 165.B2 foot alongg the west line thoraot and old]She OktantliC thence Sa9'22'03'E. 72.99 feet to the west line of woatwood Dr111; thence S00.21'28•E. 165.82 1 Teat along sold line to the Southeast Corner of said Lot 3: thence Nag'22'03'W, 73.03 foot to the point of beginning, containing 0.28 ecr°a. Survey Description-Parcel 'T'• ParSou of th o North 40 Rotle of the Neat 24 Rode of the thothwest Quarter of the Southeast Quarter of Seetlon B, Township 93 North, Range 24 Weat Of the 5th P.N. in the City oT Ames, Story Countyy, Iowa. being sera parllculorly described ea}0110aa: 9opfnnln6n et the lnteraection of the west line 0}seltl So thweet Quarter of the Southeast `.x (589 W'03'E) CUT '%' IN Quarter with the South rig6ht of way lens of w0adlend AEC.AS 16e' CONCRETE Street: thenev 988.24'31'E. 389.99+vat alone eels rlpht x NBH• 03'N 369 5' f1veY tine to the ate righat 010 wf9otlnlo 1 Xattt.pdv, 9r hence SO '2 2 E 595 0 e ng ea ]1 n. 79.99' 72.89' 69.99' S9.g9' 72.9g' thence NO9.22'03'W. 369.eha feet to the suet line 0 Geld l-Ex1STIN6 SouMweet OUartor of the Southeast Quarter: in era a r15; N00.21'30•N 595.64 feet to the point of beginning. $'w9I t LL m u.N U LLm' p-_.LL - W LLm-1 --containing 5.00 acres. Fc d 0- s a va a w va N Nt ^ na �' N.V a Th. Ames City Council approvetl this Plat of Survey On J Nm m o om w w urr` ^ o^ W IS dN :u I 2017, with Resolution N0. �77 4 CL�o 4$o M 4�o Mo °� ap"..��1t Q°"fortis t0 all conditions SLOT -1 N 0 oL"I Lai N sy 'r' Planning and ous ng roc br w a0.0'lRl 73.0'tR) i` x K') (M A(Ifh4 � 70 0 IR) 73.0'Inl 80'00 �,_„_ 79.86' 70 00 70 03' 73.03' 99_69' -3 NB9'22'03 N }1`199 122*0 22'03'N N89'22 03 N4Ng9 22'03'X Ng9.22'03'N t11 . fr 5 "I" ♦ FOUND 5/8:REBM i SN COA. LOT 7 ?h�', ;c cra. SE CORNER ■ FOUND 3/4'REBAR FOUND 314' LOT 3 ••FOUND 1/2-REBM (UNLESS NOTED) SMOOTH BAR STORY STREET (fi0') O SET 1/2' REBM N/YELLOW CAP 017161 I GRAPHIC SCALE 1'=80' 0 60 160 240 I hereby cart Sfy that this ]and surveying document was prepared and 5lUMW 4 A550GIATE5 the relatetl eurv°YY work wan performs by me or under mYy direct P�E7 ar personal aupervIMw antl that I an a duly 1leanesd Prof...Ilona, Land LAND SURVEYING Surveyor under the laws of the State of Iowa. nsss 510 5. E STREET,SUITE 9102 Gate: AMJ-1ES,IOYIA 50010 R. Bresley StumOo License e17181 PH.515-233-Hoes . PAX 515-233-4403 My license renewal sate 1s December 31. 2017 r Job a"L Date: 7/17,1, F1altlwork Co Ieted: 7/17/17 Page 1 of 8 W ATTACHMENT D: WAIVER REQUEST 1 510 S. 17fh St.,Ste#102 o P.O.Box 1664 o Ames,Iowa 50010 Phone 515-233-3689 a Fax 515-233-4403 www.stumbosurveyina.com August 2,2017 Honorable Mayor and Council Members, I am writing on behalf of the Ames Community School District, Douglas Provow, Margaret Newton, Mathew Miller,Timothy Arends and Kim Hasstedt,owners of the properties surveyed and depicted on the plat being presented for approval;to request that the city waive its subdivision regulations for this Plat of Survey. During the course of preliminary review by the Developmental Review Committee,the county auditor's office commented that they considered this six-tract boundary line adjustment to be a subdivision because there are so many tax parcels involved in the survey. Prior to commencing work on this survey,Ames planning staff had granted approval to perform this survey as a boundary line adjustment. The rationale for not applying subdivision standards to this survey is that there are no new conveyance parcels being created.We are beginning and ending with six tax parcels,just configured differently. Thanks for your consideration. Brad Stumbo, PLS 9