HomeMy WebLinkAboutA001 - Council Action Form dated November 26, 2019 ITEM # 29
DATE: 11-26-19
COUNCIL ACTION FORM
SUBJECT: PLAT OF SURVEY (BOUNDARY LINE ADJUSTMENT) FOR 2130
McCARTHY ROAD
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 conveyance
parcels in order to create a parcel for development purposes. A Plat of Survey is
allowed by Section 23.309 for the consolidation of conveyance parcels and for boundary
line adjustments.
On November 12, 2012, the City Council approved a Plat of Survey that consolidated
two conveyance parcels at 2122 and 2130 McCarthy Road into a single Parcel "B" (See
Attachment A: Location Map, and Attachment D. Approved Plat of Survey Establishing
Parcel "B" (11112112) The reason for combining the two parcels in 2012 was to allow the
two single-family dwellings to be joined into a single residential structure, addressed as
2130 McCarthy Road. A garage was added at that time to connect the two structures
(See Attachment C: Existing Parcel "8%0riginal Platted Lots 20-22/Existing House).
At this time, the property owner is actively seeking a buyer of the property, and is
requesting that the City Council approve a Plat of Survey to divide the property
once again into two parcels, to allow a single-family dwelling on each parcel in
the RL (Residential Low-Density) zoning district (See Attachment B: Proposed
Plat of Survey Establishing Parcels "C" and "D'). The location of the proposed
dividing line between proposed Parcels "C" and "D" was determined so as to
leave Parcel "D" with enough of a setback to allow for an additional garage stall
to be added to the existing single-car garage. The original lot lines for Lots 20,
21, and 22 of Country Club Heights 1S' Addition are still valid property lines, which
allows the two proposed parcels to be approved through a boundary line
adjustment of the boundaries for Lots 20, 21, and 22. Otherwise, the division of a
single parcel into two parcels would require approval of a Final Plat.
The act of physically separating the house into two separate single-family dwellings
must be completed, prior to approval of the Plat of Survey by the City Council. The
property owner has completed the work of partially demolishing the house at this time to
meet Building Code and Fire Code requirements for separation. Since zoning
regulations allow only one single-family dwelling on each lot/parcel, no electric service
will be provided to one of the dwellings until such time that the Plat of Survey is
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approved by the City Council, and a copy of the recorded Plat and resolution approving
the Plat are filed with the City Clerk's Office (See Attachment B: Proposed Plat of
Survey). No additional public improvements are necessitated by the Plat of Survey.
Approval of the Plat of Survey does not create or exacerbate any new nonconforming
lot conditions.
Approval of this Plat of Survey (See Attachment B. Plat of Survey.) 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.
ALTERNATIVES:
1 . The City Council can adopt the resolution approving the proposed Plat of Survey,
with the following stipulation:
A. Electric service will be provided to only one of the two new dwellings, until such
time that the approved Plat of Survey is recorded with the Story County
Recorder's Office, and copies of the recorded Plat and Resolution Approving the
Plat of Survey are filed in the City Clerk's Office.
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 23.309, 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 satisfies all Subdivision Code
requirements for a boundary line adjustment of existing parcels and has made a
preliminary decision of approval. The boundary line adjustment does not result in new or
exacerbated nonconforming conditions related to the current RL zoning and structures.
There are no gaps in infrastructure requiring improvements with the Plat of Survey. Any
future construction on the site will be reviewed by staff for compliance with zoning
standards.
Therefore, it is the recommendation of the City Manager that the City Council
accept Alternative #1, with Stipulation A, adopting the resolution approving the
proposed Plat of Survey.
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ADDENDUM
PLAT OF SURVEY FOR 2130 McCarthy 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:
Property Owner: Shahbaz Ahmed Merchant
Existing Street Address: 2130 McCarthy Road
Assessor's Parcel #: 09-09-428-015
Survey Description-Parcels "C" & "D
Survey Description-Parcel C:
Part of Parcel B. as shown on the Plat of Survey filed in Slide 456, Page 1 , in Lots 20,
21 and 22 of First Addition Country Club Heights, City of Ames, Story County, Iowa.
said part being more particularly described as follows: Beginning at the Southwest
Corner of said Parcel B and said Lot 22; thence following the west line thereof
N00034'36"W. 175.34 feet: thence northeasterly, 39.01 feet along a curve, concave
southeasterly, having a radius of 25.00 feet, a central angle of 89°23'56" and being
subtended by a chord which bears N44°43'48"E, 35.17 feet: thence S89°58'42"E, 81 .80
feet along the north line of said Parcel B and Lot 21 ; thence SW05'28"W, 200.02 feet
to the south line of said Lot 22: thence S89 51'OO"W. 104.46 feet to the point of
beginning, containing 0.48 acres.
Survey Description-Parcel D:
Part of Parcel B, as shown on the Plat of Survey filed in Slide 456, Page 1 , in Lots 20,
21 and 22 of First Addition Country Club Heights. City of Ames, Story County, Iowa,
said part being more particularly described as follows: Beginning at the Northeast
Corner of said Parcel B and said Lot 20; thence S00°09'55"E. 184.94 feet to the
Southeast Corner thereof: thence following the southerly line thereof S89°57'02"W.
88.47 feet: thence S00°26'59-E. 14.92 feet; thence S89°51'00"W, 15.49 feet along the
south line of said Parcel B and Lot 22; thence N00--05'28"E, 200.02 to the north line of
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said Parcel B and Lot 21 ; thence S89°58'42"E, 102.99 feet to the point of beginning.
containing 0.44 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. (no additional improvements required)
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 C:
Existing Parcel ^B gO Hgina| Platted Lots 20-22 Ex%§ng House
SKETCH OF EXISTING TAX PARCELS
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Attachment D:
Approved Plat of Survey Establishing Parcel "B" (11/12/12)
Instruwnt:2013-00006026
Date:Mu 28,2013 02:10:10P
Rec Fee: 10.00 E-Coe Fee: 1.00
MId Fee: .00 Trans I.1 .00
Rec Ranmemnt Fee: 1.00
K. Stondard Pave Fee: .00
Filed For record in Story Countyr low
SLIDE y s{p PAGE Susan L. Vande Kawt County Recorder
R. BRAOLEY STUMBO P.O. BOX 1664 AMES, IOWA 50010 515-233-3689
PLAT OF SURVEY
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