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HomeMy WebLinkAboutA001 - Council Action Form dated September 22, 2026ITEM #:33 DATE:09-22-26 DEPT:P&H SUBJECT:PLAT OF SURVEY BOUNDARY LINE ADJUSTMENT FOR 259 AND 263 HYLAND AVENUE COUNCIL ACTION FORM BACKGROUND: The subdivision regulations in Chapter 23 of the Ames Municipal Code include the process for creating or modifying property boundaries. The proposed Plat of Survey is for two existing properties located at 259 and 263 Hyland Avenue (see attached location map). The 259 Hyland property has a vacant single family home and the 263 Hyland property has an occupied apartment building on site. Both properties are currently zoned Residential High Density with the West University Impact Overlay. However, the two properties are subject to a rezoning request on this same agenda for redevelopment of the sites. The property line change is needed to facilitate the proposed project. The proposal is to facilitate future development of two apartment buildings in the form of a three-story building and a four-story apartment building. The proposal modifies the shared boundary to allow both properties to meet side setback requirements. The three-story building has a side setback requirement of 10 feet, and the four-story building has a side setback of 12 feet. The proposed development will meet side setback requirements if the shared boundary line is modified. The applicant requests to modify the shared boundary line prior to demolition of the existing structures. An existing garage is located on 263 Hyland Avenue. The garage currently meets the required side setback of three feet. Moving the existing boundary line approximately 6.86 feet to the north would result in a temporary nonconforming structure with a setback of approximately 1.94 feet. This will be a temporary condition while the construction of the building on 259 Hyland begins as the first phase and the second phase begins in 2027 for 263 Hyland when all of the existing structures will be demolished on the site. Staff does not have the administrative authority to approve modifications to property lines that lead to or increase a nonconformity for a phased project as requested by the applicant. If Council approves the request in relation to the phased project, staff recommends a condition that the property owner will have one year from the recording of the Plat of Survey to remove the existing garage at 263 Hyland Avenue in order to create a conforming setback. Parcel A, 263 Hyland Avenue, contains public sidewalk. Portions of the sidewalk are on private property and will need to be placed within an easement to allow City maintenance and reserve the use for the general public. 1 As a boundary line adjustment, there are no infrastructure standards that apply to the proposal. Approval of this 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 Story County Recorder. ALTERNATIVES: 1. Approve the proposed Plat of Survey with the condition that the sidewalk easement is approved by City's Legal Department prior to approval of the Plat of Survey by the Planning Director and that that the owner has one year from the recording of the Plat of Survey to demolish the garage at 263 Hyland Avenue to create a conforming setback. 2. Deny the proposed Plat of Survey on the basis that the City Council finds that the requirements for plats of survey as described in Section 23.309 have not been satisfied. 3. Refer this request back to staff and/or the owner for additional information. CITY MANAGER'S RECOMMENDED ACTION: The proposed boundary line adjustment is necessary to create two lots than can accommodate the side setback requirements for the proposed future development located at 259 and 263 Hyland Avenue. However, the project is planned to be phased with construction beginning at 259 Hyland and then for construction to begin at 263 Hyland in spring 2027. Modifying the shared boundary line would create a temporary nonconforming structure in the form of a side setback that is 1.94 feet (three feet required) for the existing garage located at 263 Hyland Avenue. With the condition to demolish the garage structure within one year, whether the second phase of the project begins or not, the proposed parcels will be in conformance with standards before the first building developed at 259 Hyland is complete. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. ATTACHMENT(S): Location Map 259 263 Hyland Existing Conditions.pdf Proposed Plat of Survey Sidewalk Easement 2 HYLAND AVE OAKLAND ST SHELDONAVE CAMPUS AVE SHELDON AVE EXT Plat of Survey259 & 263 Hyland AvenueAmes, IA 0 250 500125Feet¯Legend Subject Area TextTextText 3 LOTS 1 & 2 0.49 ACRES 21171 SQ FT LOT 3 0.25 ACRES 10919 SQ FT S 86°25'14" E 100.45' S 0 0 ° 1 8 ' 3 8 " E 1 9 0 . 0 8 ' N 89°05'27" E 162.59' S 88°53'36" W 137.00' N 88°37'52" E 137.06' N 0 0 ° 5 9 ' 5 6 " W 1 5 4 . 5 0 ' N 0 1 ° 0 2 ' 2 2 " W 79 . 3 7 ' S 00°59'56" E 80.00' S 0 1 ° 2 5 ' 4 3 " E 1 8 0 . 5 1 ' S 0 1 ° 2 3 ' 5 8 " E 59 . 7 8 ' S 88°46'28" W 150.13' S 00°50'22" E 27.30'S 89°12'22" W 12.92' S 0 1 ° 2 4 ' 2 8 " E 2 6 7 . 2 2 ' S 89°20'39" W 155.68' S 0 0 ° 0 1 ' 0 9 " E 1 1 9 . 9 1 ' S 0 0 ° 0 2 ' 5 2 " W 1 1 9 . 6 9 ' S 0 0 ° 0 2 ' 5 1 " E 60 . 2 7 ' S 87°45'35" E 59.28' S 00°58'43" E 5.35'S 86°25'14" E 75.44' S 88°37'51" W 61.81' S 88°37'51" W 75.20' 6.51' N 0 0 ° 5 8 ' 4 3 " W 1 5 4 . 5 0 ' 1.8' 2.1' 8.8' 8.7' 24.8' 16.6' © Bo l t o n & M e n k , I n c . 20 2 6 , A l l R i g h t s R e s e r v e d JOB NUMBER: 24X.135505 R 1519 Baltimore Drive Ames, IA 50010 Phone: (515) 233-6100 R SHEET OF 1 1 EXISTING CONDITIONS LOT 1, 2 AND 3 OF HEACOCK'S SUBDIVISION TO THE CITY OF AMES, STORY COUNTY, IOWA LEGEND: FOUND MONUMENT (AS NOTED) H:\HUNZI\24X135505000\CAD\C3D\FIGR - 135505 - EXISTING CONDITIONS - SURVEY.DWG 8/14/2026 9:28 AM FEETSCALE 0 30 60 HORZ. INDEX LEGEND LOCATION LOTS 1, 2 AND 3 OF HEACOCK'S SUBDIVISION TO THE CITY OF AMES, STORY COUNTY, IOWA REQUESTOR:DAYTON PARK LLC & ADVENTURE INVESTMENTS LLC PROPRIETOR:HUNZIKER LAND DEVELOPMENT SURVEYOR:LUKE D. AHRENS, P.L.S. #24413 SURVEYOR COMPANY:BOLTON & MENK, INC. RETURN TO: LUKE D. AHRENS, BOLTON & MENK, INC. 1519 BALTIMORE DR, AMES, IA 50010 (515)-233-6100 FOUND 2.5" I.D. PIPE FOUND 1/2" I.D. PIPE FOUND 3/8" I.D. PIPE FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP #17161 FOUND 3/8" I.D. REBAR WITH YELLOW PLASTIC CAP #14775 FOUND 1/2" REBAR FOUND 1/2" I.D. PIPE WITH YELLOW PLASTIC CAP #14775 FOUND CUT X N88°53'36"E, 2.40' FROM TRUE CORNERFOUND 2" I.D. PIPE FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP #17161 FOUND 3/4" REBAR FOUND 3/8" I.D. PIPE FOUND 1/2" REBAR WITH PINK PLASTIC CAP #24413 OAKLAND ST (R.O.W. VARIES) HY L A N D A V E (R . O . W . V A R I E S ) LOT 1 HEACO C K ' S SUBDIV I S I O N LOT 2 HEACO C K ' S SUBDIV I S I O N LOT 3 HEACO C K ' S SUBDIV I S I O N LOT 4 HEACO C K ' S SUBDIV I S I O N LOT 5 HEACO C K ' S SUBDIV I S I O N LOT 6 HEACO C K ' S SUBDIV I S I O N BRILEY ' S ADDITI O N BRILEY ' S ADDITI O N CA M P U S A V E NE CORNER, LOT 1 EXISTING BUILDING 25.0' 18.8' 21.7' 9.2' 4 5 INSTRUMENT PREPARED BY: Brian D. Torresi, 120 S. 16th St., Ames, IA 50010 (515) 288-2500 RETURN TO: City of Ames, Iowa, Attn: City Clerk, 515 Clark Ave., Ames, IA 50010 EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: 1. That ADVENTURE INVESTMENTS, LLC, an Iowa limited liability company (the “Grantor”), is the current owner of that certain real property in Story County, Iowa, legally described as: Lot One (1), Heacock’s Subdivision, Ames, Story County, Iowa (the “Property”). For the sake of clarity, the boundary lines of the Property and Lots Two (2) and Three (3), Heacock’s Subdivision, Ames, Story County, Iowa, are being adjusted as reflected in and evidenced by the Survey (as that term is defined herein), resulting in the Easement Area (as that term is defined herein), upon the approval and recording of the Survey, being located wholly within Parcel ‘A’ as noted on the Survey. 2. That the CITY OF AMES, IOWA, and its successors and assigns (collectively, the “City”), as part of the construction and development of the Property, requires certain easement rights over and across the Easement Area, and Grantor has determined that it is in its best interests to grant the easement rights over and across the Property as granted herein to enable the construction and development of the Property. 3. That Grantor, for good and valuable consideration, does hereby grant unto the City, sidewalk easements upon, underground, over, or across that part of the Property (the “Easement Area”), as set forth, described, and identified as the “Sidewalk Easement” on the Boundary Line Adjustment (the “Survey”) (a true and accurate copy of the Survey is attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth). 4. The foregoing rights are granted upon the express condition that the undersigned shall not erect or place within the Easement Area identified herein any building or other structure or improvement, including, but not limited to, a retaining wall or fence, or any trees, shrubs, or other landscape plantings other than grass or comparable ground cover except with the prior consent of the City. The City shall have the right to trim or remove trees and shrubs within the Easement Area to 6 prevent damage to utility service lines of the City located within said Easement Area and/or to keep the Easement Area free and unobstructed for use by the general public. 5. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the real estate described herein and any adjacent real estate caused by the failure to use ordinary reasonable care in the exercise of the granted rights. Dated this ___ day of September, 2026. (SIGNATURE PAGE FOLLOWS) 7 SIGNATURE PAGE OF EASEMENTS ADVENTURE INVESTMENTS, LLC, Grantor By: _____________________________________ Charles E. Winkleblack, Manager STATE OF IOWA, COUNTY OF STORY, SS: This record was acknowledged before me on this ___ day of September, 2026, by Charles E. Winkleblack, as Manager of Adventure Investments, LLC, an Iowa limited liability company. __________________________________ Notary Public, State of Iowa My commission expires ____________ 8 EXHIBIT A SURVEY 9 10