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HomeMy WebLinkAboutA005 - minutes of April 15, 1977 Planning and Zoning Commission meeting Noml &MJYUZZJJ�YY_ 4y-�"� nA--4-" Don and Margaret Stewart request to rezone property located on the south side of Ken Maril Road, from South Duff Avenue one-half mile east, from A-1 (Agricultural ) to R-1 Sin le Family Dwelling) : Frank Johnston, Attorney appearing on behalf of Don and Margaret Stewart, said that he was quite surprised to receive a letter from the City Clerk stating that the public hearing had been set for April 19. He stated that he has had an opportunity to review the staff report on this request and would have no exception to the report, finding it '-o be quite explicit and factual , and very neatly lays out the dilemna Mr. and Mrs . Stewart find themselves in. He commented that he approved al ', of the staff report except the last line giving staff opinion that Alternative Number 3 be approved, which states "Recommend the eastern portion of the requested area be rezoned R-1 with the western portion to be retained at A-1 pend- ing the Airport study. " He said he would like to speak to the opinion of the planning office to rezone a portion of the property and leave the westerly portion A-1. He believed the first question to be asked would be "What portion? Where is the line drawn?" He added that this request is for the entire tract to be rezoned, not just a portion, wherever the line may be drawn. He thought the report points out the inconsistency of annexing the property to the City of Ames , levying this kind of special assessment on a "22 acre soybean field", and saying at the same time that nothing can be done with the property except to farm it. He believed that recommndation of Alternative Number 3 places another inconsistency in the problems the Stewarts already have. He said that if this were adopted we would then have the westerly area of the property, upon which the special assessment has been levied zoned A-1; it is still a 232 acre field serviced by sanitary sewer and cannot be developed for residential purposes when it is the area where the utilities are most readily available. This would leave the easterly portion, where the utilities are least available and upon which there is no special assessment, zoned R-1. He thought this - would compound the problems that already exist. Mr. Nichol commented that as the Commission left this request last time, Mr. Johnston felt that if the property was not rezoned he would have a case for getting some sort of reduction in the assessment. Mr. Nichol questioned Mr. Johnston as to whether, with this City Council action, this alternative has "gone out the window. " Mr. Johnston stated that he did not know why the City Council did what they did. He speculated that they looked at this and believed that since the Commission had tabled the request to an April S meeting, that would give On S'�_i� l _ = +1C= `.� '+ = —commendation for a meeting of tnc our,- i on Apr i l r,e stateo tnat 1- �f,� property 1 S n0� rezoned, anc `" rr,c ins A-1, and if the Council �,Jil! not a'Ke the special assessment ::ff " r,_ is going To sun_ nem. lc r_ I !eo an _ c J�Utn i��ii St': 2c� questioned whether or not the undeveloped pr Derty or the north side of South 15th Street ti%,as participating in the assessment for the paving and utilities of that particular street. Mr. Wooldridge stated that the property on the north side of South 16th Street was participating in the assessment, and added that they have fought it in court. Mr. Bledsoe stated that a nearer parallel might be the development of a farm north of town where the water tower now stands . He said that sewer and water extensions were placed in there and the assessment was fought through the courts , in which time the property values probably tripled. He commented that even though the owners continued to farm the property, it has been subdivided since that time. He believed that we are looking at a long range project on this . He stated that he did not agree with the recommendation of the staff and felt the Commission should delay the zoning until we get the report from the airport. He believed the study is going to present a picture of the continuation or development of our airport and that we are going to have to have some restrictions in that area as to residential development, at least letting the people know under what circumstances they can develop the properties . MOTION (Shaughnessy, Nichol ) That we turn down the request from A-1 to R-1 at this time until we hear from the Airport study. Mrs. Shank questioned why this request is for R-1 zoning rather than another residential designation, possibly R-2. She said that she was concerned with any kind of development of this area because of the blind hill on U. S. 69 at the intersection of Ken Maril Road, where residents of this area would gain access to a north route into the City. Don Stewart interjected that in the 31 years he has lived in the area of this intersection, he has never seen an accident on this particular corner. Mrs. Cholvin stated that if we leave this as agricultural , and if City Council goes along with it, it will give Mr. Johnston the opportunity to ask that the assessment be removed, and move from there. She commented that the only thing that might put this in error is the fact that the Commission is tabling the request until the airport study comes out. She believed that, perhaps, the Commission should simply deny the request and then after the study is available the Commission may change its mind about the zoning for the area. Mr. Lex stated that the sewer and water lines are in there anticipating urban development and yet we are in a position where we are refusing to w•e rmii U-I pan o_'.'e l umer . which is ref = --` ve of the sewer and wale foci l i ti es. he slated that ne would sU:' t continui ng the l and 1 n .r.-1 zoning pending conclusion of the airpo! study, along with the possibility CT a TemporaryabateiTe"i, of the Ge!o t 1 zJiIC S 1i sE al rpor-. CO: Y . i SUCYI .lip tha study is commieted. he thought that maybe, if the study shows the airport to remain where it is, other zones might be more appropriate for that area that is within the city than residential . l, Mr. Lex did not believe that the court would support urban assessments against agricultural land such as this. Mrs . Shank stated that she believed the City got itself into a bind on this because of the Teagarden sewage problem and they took the 200 feet to the south because they did not want to stop in The middle of the road for the corporate limit line. She added that she gathered the feeling of the Com- mission was that we do not feel this is appropriate for urban development at this time in an R-1 category. VOTING AYE: Shaughnessy, Nichol , Lex, Sh-=nk, Riis , Cholvin, Bledsoe. VOTING NAY: None. Whereupon motion carried unanimously, 7-0.