HomeMy WebLinkAboutA002 - Council Action Form dated September 23, 2008 ITEM # �� ��
DATE 09/23/08
COUNCIL ACTION FORM
SUBJECT: MAJOR FINAL PLAT FOR H &B SUBDIVISION, SECOND ADDITION,
AND VACATION OF EXISTING EASEMENTS
BACKGROUND:
William Fedeler, H&B Properties, LLC, is requesting approval of the Major Final Plat for
H&B Subdivision, Second Addition, and vacation of existing public easements for utilities,
water main, and sanitary sewer. The proposed plat will establish new easements that
follow the proposed lot lines to replace the easements being vacated. The Final Plat
encompasses a 6.22-acre site located on the north side of East Lincoln Way between the
Skunk River west of the subdivision and Carnegie Avenue to the east. It is located in the
G-1 (General Industrial) zone.
The Final Plat will replat Lots 1 and 2 of H&B Subdivision by consolidating these two lots
with an unplatted parcel of land adjacent to the southwest boundary of Lot 2 and "Parcel
E", adjacent to the east boundary of Lot 1. The new subdivision divides the land into five
lots, as shown on the attached Final Plat for H&B Second Addition.
The following documents have been submitted and are associated with this Final Plat
application:
• Release of Easement Documents for the release of private easements.
• Resolution Vacating Public Utility, Water Main and Sanitary Sewer Easements
• Resolution Accepting the Final Plat of H & B Subdivision, Second Addition;
• Consent to Plat by the Property Owner;
• Attorney's Title Opinion, which states that fee simple title to this property known as
H & B Properties, LLC, is free from encumbrances, but subject to the following:
o Easements and restrictions of record
o Zoning ordinances of City of Ames, Iowa
• Certificate of the Treasurer of Story County, Iowa, certifying that the subject
property is free from certified taxes and special assessments;
• Easements to be granted to the City of Ames for Public Utilities, Water Main,
Sanitary Sewer, Ingress/Egress, and Parking.
The Preliminary Plat for H&B Subdivision, Second Addition was approved by the City
Council on June 24, 2008. The resolution approving the Preliminary Plat included the
following stipulations for approval:
• Prior to Final Plat approval, existing easements will be vacated and replaced with
easements that are part of the approved Preliminary Plat; and,
• Prior to Final Plat approval, the easement across Lot 4, pertaining to parking for
proposed Lot 3, will be more fully described on the Final Plat, or on a separate
easement document recorded with the Final Plat, stating that the parking easement
allows parking on Lot 4. exclusively for use by Lot 3.
Staff finds that the Preliminary Plat conditions for approval have been satisfied with the
documents submitted for vacation of the existing easements and the proposed easement
documents, which address the easement for parking across Lot 4 for use by Lot 3.
Staff also finds that the proposed Final Plat fully complies with relevant and applicable
design standards of Ames Municipal Code Chapter 23, Subdivisions, to other City
ordinances and standards, to the City's Land Use Policy Plan, and to the City's other duly
adopted plans.
ALTERNATIVES:
1. The City Council can approve the Final Plat for H & B Subdivision, Second Addition,
based upon staff's findings and conclusions, subject to the following condition:
a. Vacation of existing easements for public utilities, water mains, and sanitary
sewer.
2. The City Council can deny approval of the Final Plat for H & B Subdivision, Second
Addition based on the finding that the Final Plat submittal does not comply with the
conditions of the approved Preliminary Plat for H&B Subdivision, Second Addition.
3. The City Council can refer this back to staff and/or the developer for additional
information.
MANAGER'S RECOMMENDED ACTION:
The proposed Final Plat for H&B Subdivision, Second Addition is consistent with the
requirements of a major subdivision and the stipulations for approval of the Preliminary
Plat.
Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative #1. This will approve the Final Plat for H&B Subdivision, Second Addition,
subject to the vacation of existing easements for public utilities, water mains, and sanitary
sewer.
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Applicable Laws and Policies Pertaining to Final Plat Approval
Adopted laws and policies applicable to this case file include, but are not limited to, the
following: (verbatim language is shown in italics, other references are paraphrased):
Code of Iowa, Section 354.6
Ames Municipal Code Section 23.302(10)
(10) City Council Action on Final plat for Major Subdivision:
a. All proposed subdivision plats shall be submitted to the City Council for
review and approval. Upon receipt of any Final Plat forwarded to it for
review and approval, the City Council shall examine the Application Form,
the Final Plat, any comments, recommendations or reports examined or
made by the Department of Planning and Housing, and such other
information as it deems necessary or reasonable to consider.
b. Based upon such examination, the City Council shall ascertain whether
the Final Plat conforms to relevant and applicable design and improvement
standards in these Regulations, to other City ordinances, and standards,
to the City's Land use policy Plan and to the City's other duly adopted
plans.
c. The City Council may.
i. Deny any subdivision where the reasonably anticipated impact of
such subdivision will create such a burden on existing public
improvements orsuch a need fornew public improvements that the
area of the City affected by such impact will be unable to conform to
level of service standards set forth in the land use Policy Plan or
other capital project or growth management plan of the City until
such time that the City upgrades such public improvements in
accordance with schedules set forth in such plans, or,
ii. Approve any subdivision subject to the condition that the Applicant
contributes to so much of such upgrade of public improvements as
the need for such upgrade is directly and proportionately
attributable to such impact as determined at the sole discretion of
the City. The terms, conditions, and amortization schedule forsuch
contribution may be incorporated within an Improvement.
Agreement as set forth in Section 23.304 of the Regulations.
d. Prior to granting approval of a major subdivision Final Plat, the City
Council may permit the plat to be divided into two or more sections and
may impose such conditions upon approval of each section as it deems
necessary to assure orderly development of the subdivision.
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e. Following such examination, and within 60 days of the Applicant's filing of
the complete Application for Final Plat Approval of a Major Subdivision
with the Department of Planning and Housing, the City Council shall
approve, approve subject to conditions, or disapprove the Application for
Final Plat Approval of a Major Subdivision. The City Council shall set forth
its reasons for disapproving any Application or for conditioning its approval
of any Application in its official records and shall provide a written copy of
such reasons to the developer. The City Council shall pass a resolution
accepting the Final Plat for any Application that it approves.
4
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DESCRIPTION:
A Replat of Lots One(1)and Two(2).H&B Subdivision;and the South 140.0 feet of the Wesl 122.5 feel
of the East 222.5 feel of that portion of the Southeast Ouarter of the Southwest Quarter(SE 1/4-SW 1/4).
lying South of the C&NW Railroad right-of-way,except the North 800 feel thereof and except the South 63.0
,at thereof;and Parcel"E"in the Southwest Quarter of the Southeast Ouorter(SW 1/4-SE 1/4)as shown on
the'Plat of Survey'filed in the office of the Recorder of Story County,Iowa,on October 151h,2001 and recorded
s Instrument/a1-14023 o slide 110 at Page 2;all in Section One(1).T83N-R24W of the SIh P.Lt.,in the
8 Cily of Ames,Story County,Iowa;more particularly described as follows:
g "Commencing at the Southeast(SE)corner of the Southeast Ouarler of the Southwest Quarter(SE 1/4-SW
1/4)of Section 1 -T83N-R24W of the Sth P.M.,in the City of Ames,Story County,Iowa;thence N 01' 13' -
l0'E,63.00 feel along the east line of the SE 1/4-SW 1/4,to the Paint of Beginning:thence S 88'20'41'
E,232.59 feel along the north line of the South 63 teal of the SW 1/4-SE 1/4 and along the south If,.of
said Parcel"E';thence N OD'50'58'E.363.61 feel along the east line of Parcel"E";thence N 86'23' 19"W.
r-, 230.24 feel along the north line of Parcel'E';thence N 01' 13' 10"E,476.62 feel along the east line of said
•.Il' Lot 2 and along the east line of the SE 1/4-SW 1/4;thence N 88'21'20'W,222.47(eel along the north
line of Lot 2:thence S 01' 13 10'W.840.02 feet along the west line of Lot 2 and clang the west line of the
East 222.5 feet al the SE 1/4-SW 1/4;thence S 88'21'20'E.222.47 Feel along the north line of the South
63 feet of the SE 1/4-SW 1/4 and along the south If,,of said Lot I,to the Paint of Beginning."
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moo. CERTIFICATION:
I hereby certify that this land surveying document was prepared
and the related work w a s performed by m or
under my direct
personal supervision,in dUNE,2G08;at the quest of William K.
y i Fedeter.for H&B Properties,L.L.C.. 1509 East Lincoln Way,Ames.
Iowa 50010;and that it I.a true antl co ect representation of the
lands surveyed,and that permanent control m ru ents,with a
surveyors marker,have been established at each controlling corner of
222.5'(p) 1 the parcels as subdivided;and that I am a duly Licensed Land rn
-_ N88'21'20' - 222•47' Faand'A'1 NE Corner Lot 2 Surveyor under he Laws o me State of mwa.
Foand'h' ;'------------ --- __ _ H & B Subdivision
______ ___________
e ar
Reber 5'U 95.00' 1 ---'-7
� PUE PUE 127.47' 3,472,245,16 N
5•� 4,896,516.04 E
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1 / Kennekhnsse ., L.S.
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North Une of the N;
South 690' NI
ACREAGE: 6.2211 Acres
'Wl Gef WI (]J0.99]square feel)
Lot Areas
O r ZONING: G-I (wnera kda.ua)
Lot S Ft. Acres
o I I 76 207 1.7495
LEGEND:
Lot 5 I-; z z 9so o.ssoo
v O 3 11 369 0.2610 T=D.mk uuaty Coeemeate(Dun
1 - 1507 E-.1 e i 4 79 002 1.8136 ante omsr�eemeal.
5 80 455 1.8470 -srsn.ears..
Lot 4 TOTAL=270.993 a.6.2211 -seatien comer DI nal.d
~� ML2 A ^I31 1515 ' o tw1/2-pb-awapi..,n.iwD/no�1a
o
bb re i DO set 5/0 a]a'V n pin w/caD IBI Je
(D) "R.Inild or Pktted Nxk
oI O -' n.d �ltin..
O X -Cut':k Caneaa Pawnml
W Sanitare,er
e
E 5 ry Easement
r North vine f the
x %"-
South
525' O J`
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NOTES:
�., z '-1opur r-10" 1 pVj I (lT n KI !ll�I' A 1. The Northerly port of Lols 4&5.
o v Water L.V I I , L.L.V v1c. -r, re located aver areas
3 which have been filled;soil bonngs will be
5 N I A h l t,f-I I I A f,f\1-1 ll K required to determ;ne foundation depths for any
------- --------- -------- ---1 1' -_- ' L./11 v V l I L.L. /1U V I I I V I V Minimum
_ 10 2. Minimum Finished Floor Elevatiana
Existing MH �---------1
_ cl N88'S7'00^N=g5.00' NBflii_53'001V- 127.46' for buildings arefollows:
o a v v --- --- --�--- - - ,- Lots 4&5 67.0(City Datum)
y0 ---is--- of 7fi'Santto sewer -� --- Existing MH
I�lm�IlU6�, __
I I � 10 '' I cJ 5'-I� � .
w III �I
O IExi5Ung 8'Water Main Ease n
i
II \
31. CII 1 Found
N88.21 2 'Reber h
N88'23'19"W 230.24' ee°
o` a I
14:53' n Re
of;i PUE
i
r G III `��,'4 i i ---n
O 4
I N88'21'20'1V 1'1 p
N ------ 107,00' I�Ir North
of I 1 water 1'
m -I '-lo' HI
I
�1 a 3 O
1 I I i -5'PUE
m1 I I l i
d o j1 Lot 1 I;i Lot 1
i 1525
1525 lo PUE
O
O N v O; 11 NI O
'74 0 35 i 11 II1 �3(;I
C. ---
O 1 I S88'2 '201 e* uN ' -g)l II,II10r
r
PUE"'_ 142.03 6497' W
4 5 -a
.(P) PUS
6 I
--ar_----_--, 42.02C.
Water '-SPUE I I I ExisUng 8'Water Main W
72 I- S88'21'20"E I-3d1 Mnail i 1r
Lot 3 I L^�y
R.s PUE LOt 5 ;35' z 1521 z1 S88'20'41"E - 196.81'
a m - 1507 i 01 ' s' Y C
water a u1 �v II 4'•"� pc,-, p�s�,�
m N I I_Io' 0 01 ma I Iz �v.•' �" 'kb ap`
S I o m PI
o Lot N; � L
o u mI N .3 I Io 'm
o D 3 i a of l i N NI m I'r•I .1607 'n ' 3i of B o of ' !ti • 7
Is
it
m ' I
II
o i PUE -i Wate 1 PUE 65(p) rWater
I I I I,
,
I ;
I c0
m• O Reber Found?S' L---122_50__--5_7__1_--_J 135.00'S' 64.97 ' ' - I 1 Pu
1 (35_00' 197.59' s' 1
m o> -7- -1-----------J, C
�v S88'21'20"E - 222.47' M°g"°� POINT of S88'20'41"E - 232.59'
x 222.5'(p) I •eslmlvQ/I I
°m 63.
,DID"E'^ W_
i c 4 N88'21'20'W - 2,600.89' (m) -1 _
`-g `L�---4 South- -•-----•---"-------------•-•---- _____ South line of the SE I(4 - SB_8'20_41'E_ 2,61.5.02'
sw comer sv 1/4 South Line o1 the SW 1/4
se,d'1 I-en-2a Centerline of
Found I/2'IP Cone. ouno survey Marker Nat-------------------
a Cerl.Inst.No.98-12378 SW comer SE 1/4 East Lincol
Section 1-87-14 n Way PWg
Found omer lead SE SE C 1/4
f� Cent.Inat.No.92-07708 Section I-83-24
-a 3471,342.01 N Cen.kst.No.9e-USa47
4:B96,5l6.79 E -