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HomeMy WebLinkAbout~Master - Waiver of subdivision standards and approval of Plat of Survey for 23543 580th Avenue DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:City Clerk's Office,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5105 Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 RESOLUTION NO. 17-681 RESOLUTION APPROVING WAIVER OF SUBDIVISION STANDARDS AND PLAT OF SURVEY FOR 23543 580TH AVENUE FOR THE CITY OF AMES WHEREAS, the C ity's subdivision regulations include the process for creating or modifying property boundaries and for determining if any improvements are required in conjunction with the platting ofproperty; and, WHEREAS, the regulations also describe the process for combining existing platted lots or adjusting the boundary Imes of existing tracts; and, WHEREAS, these regulations further apply to divisions of land in unincorporated Story County, except where the Urban Fringe Plan's 28E Agreement cedes approval to the County, and, WHEREAS, a plat of survey was prepared and submitted to the Story County Recorder by the owner, LDY, LLC; it was recorded by the County, although it should have gone through the City approval process; and, WHEREAS, the land is outside the city lirnits of Ames, but within the Agricultural/Long-Term Industrial Reserve area of the Ames Urban Fringe Plan, and, WHEREAS, this plat of survey created three parcels (Parcels A, B, and C) from two existing parcels,which are immediately south of and abutting the recently annexed East Industrial Area; and, WHEREAS, this creation of three new parcels from two tracts would have triggered the subdivision requirements of the Ames Subdivision Regulations; however, since it is outside the city limits and not ready for annexation, standard procedure would have led the owner to seek a waiver of the subdivision requirements for installation of City infrastructure in exchange for covenants to seek annexation at the time the City requests, to agree to a water territory buy-out from Central Iowa Water Association, and to agree to waive opposition to future assessments for the extension of City services; and, WHEREAS, in this instance, City staff is requesting only that the owner sign the covenant to seek annexation at some future date (since this area is intended only for the long-term industrial needs of the City, and the City can seek the buy-out of water rights and extend infrastructure through development agreements at a future date); and, WHEREAS, approval of the resolution authorizing the plat of survey will clear any potential title issues regarding the legality of the plat of survey. BE IT RESOLVED, that the site is located at 23543 580th Avenue and two, unaddressed parcels, and the owner is LDY, LLC ; and, WHEREAS, the real estate description is: Parcels A, B, and C in the N'/2 SE'/4 of Section 8, Township 83 North, Range 23 West of the 5th P.M., Story County, Iowa); and, WHEREAS, this is a unique situation where the County rec6orded a plat of survey that was not accompanied by the City of Ames resolution of approval; however, City staff sees no value in requiring a subdivision plat to be prepared in lieu of the already recorded plat of survey. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Ames, Iowa, that waiver of the requirement for a subdivision is hereby approved, and recognizing the Plat of Survey for 23543 5801h Avenue is hereby further approved. ADOPTED THIS 28" day ofNovember, 2017. `�j-�. A. Diane R. Voss, City Clerk Arm H. Campbell, Mayor Introduced by: Gartin Seconded by: Beatty-Hansen Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 28th day of November, 2017.