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Home My WebLink AboutA003 - department report CITY OF AMES DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT TO THE PLANNING & ZONING COMMISSION PREPARED: June 23, 1978 ✓„ MEETING DATE: July 5, 1978 ZONING CASE NO. : Z 78-10 APPLICANT: Clarence Martin, Elizabeth Hiserote, A. L. Jennings STATUS OF APPLICANT: Owners REQUESTED ACTION: Rezone from C-2 to I-1. PURPOSE FOR REQUEST (as stated by Applicant) : To make the zoning conform to the usage in this area. LOCATION: Between Southeast 2nd and Southeast 5th Streets approximately 300' east of Duff Avenue. SIZE: 30± acres EXISTING LAND USE: A portion of the land is now used for industrial uses and the Comlinder of it is used for agriculture. (Economy Forms , Inc. , and Industrial Processing SURROUNDING LAND USE & ZONING: North: Commercial and residential ; C-2 South: Commercial ; C-2 East: Agricultural ; A-1 West: Commercial ; C-2 FINDINGS: Land Use Policy Plan The Land Use Policy Plan designates the south 3/4 of the area for industrial and the north 1/4 for commercial development. Zoning History The area was zoned industrially until 1965 when the present zoning ordinance was adopted and the area was rezoned to C-2. Public Utilities Water -- 12" line in SE 2nd Street; 8" line in SE 5th Street Sanitary Sewer -- 10" line in SE 2nd Street; 10" line in SE 5th Street Storm Sewer -- 24" line and 30" line cross the property Other -- N/A Transportation The northern portion of the area is readily accessible from Lincoln Way and Duff Avenue. The southern portion has access from Duff Avenue. It is anticipated that High Street could be extended south from SE 2nd to connect with SE 5th Street. That extension will provide adequate access to all portions of the area requested for rezoning. One problem which might arise in the future, as the area is developed, will be increased traffic from the area moving on to Duff Avenue and Lincoln Way. Installation of traffic controls at S. 5th during the 78-79 fiscal year should eliminate the problem in that area, but it may become necessary in the future to consider installation of traffic signals at either SE 2nd Street and Duff Avenue or at High Street and Lincoln Way. Physical Characteristics Vegetation -- Vegetation is characterized by the familiar urban ground cover-- grass--by a species of corn, and a variety of weeds. Terrain -- The area slopes markedly from SE 2nd Street and becomes relatively flat in the flood plain. Drainage -- The area drains under normal circumstances although ponding of water in the flood plain is not uncommon. Soils -- No information available. Flooding -- Most of the area is in the flood plain of the Skunk River and subject to flooding. ANALYSIS: 1. Although the Land Use Policy Plan designates a portion of this area as suitable for industrial development, the argument can be made that the intent of the Plan was to include the area as far north as SE 2nd Street. The reason is that the industrial development on SE 5th Street was included and it seems logical to have included the industrial development on the south side of SE 2nd Street. It would be preferable to designate an existing indus- trial use as industrial rather than leave it zoned commercial and, therefore, nonconforming. Even if that logic is not used, it should be remembered that the Land Use Policy Plan is not an absolute, but rather a flexible set of policies which are to serve as guidelines for those making the decisions. 2. This area was zoned industrial prior to adoption of the present zoning ordinance in 1965. At that time, the industrial development on SE 2nd Street and on SE 5th Street became nonconforming. This point was brought out during review of the Land Use Policy Plan and, for that reason, the general area was designated as suitable for industrial development. 3. Clarence Martin, one of the applicants, is proposing to build a structure on a portion of his land. That structure will be used for storage of equipment. ANALYSIS: (continued) 4. Most of the area requested for rezoning is located in the flood plain. Construction will be permitted in the flood plain only if approval has been given by the Iowa Natural Resources Council . 5. Although Warren Israel was originally listed as an applicant, a check of legal descriptions indicates that the property he included is a portion of the property upon which the Holiday Inn is constructed. The Department felt it would be inappropriate to include that parcel and Mr. Israel has agreed with that recommendation. It was also noted that Parcel A as indicated on the Land Use Map is not owned by one of the applicants. The property is in a trust and a letter has been sent notifying the owners of the rezoning request and indicating that the Department is recommending that Parcel A be included. No response has been received as of this writing. RECOMMENDATION: The Department recommends that the Commission first discuss the discrepancy in the Land Use Policy Plan and make an interpretation of the intent with regard to the extent of the industrial designation for this area. The discrepancy should be clari- fied by a formal motion from the Commission. The Department is suggesting the following alternative actions : 1. If the Commission makes the interpretation that there is a discrepancy and the industrial designation should have extended as far north as SE 2nd Street, then a favorable recommendation should be made. 2. If the interpretation is made that there is no discrepancy but the Commission feels the area should be zoned industrial , a favorable recommendation should be forthcoming. In this case, a recommendation should be made to the City Council that the Land Use Policy Plan be amended to reflect this proposed zoning change. 3. The Commission can recommend that only that portion of the area requested for rezoning which conforms with the Land Use Policy Plan industrial designa- tion be approved. 4. The Commission can recommend that the rezoning request be denied since the request does not conform to the Land Use Policy Plan. If a favorable recommendation is made, the Department recommends that Parcel A be included in the recommendation to the City Council . REZONING , RE�.,UEST FRAM: c-2 TO: 1-1 HEARING DATE: July 5, 1978 NORTH MW 00 0 2.`" PETITIONER: Clarence Martin, Elizabeth 5000000000 Hiserote, A. L. Jennings �626262000 REZONING REQUEST AREA LOCATION: Between SE 2nd & SE 5th Streets LEGAL PROTEST AREA approximately 300' east of Duff Avenue. ZONING DISTRICT LINE CITY LIMITS LINE UW(. OLW WAY T T F Eq❑ D D-7 IT c AAGO: w ........... La.�? ..1 .::... Q '^ Q V AID _ Boor 0 qDbD [D gof Z El Y • 0000000000 000 o° o0 0°0 i ° .o 0000 °GGG 000000°°° Z D z °GGG°° °.oao.G.°°°°°°°°°° D o00000000000000..000d 00000000000000 D-2 O •-• = 00000 0000°oo.000�G°00000 ° ° °° opvep 0000004...............000 opo.00o00 000 000000000oo0o0oo n.rr�ro 0000000 oo O0000 o.000.G000000000a T O OOO OOOOOO.Ob OO..000OOO.....00 OOOOOOOO.o000000U0000000DU01 LCJ bOOaII PObO0 o o000o00o000000000 .00 � ao 0000°°° OOoO GOOOOOOOo—oo000000000000000 Q/ ��+9T OOOGOo00 O0000o00 Ooo000000 O 00000*0000 0 00000 00 000000cy/ *S 000° o 000 000000..o°oo°0°°oo0°0000 0000 000000.......°°0000°° ,,,....... °°°°°°°°°....... Do000..0 OOo°000°000o oo^O^O^01000000000°00...o00000oo000000000 o o 000 0000°°..°.000000 000000 G.00000000.0000000.000.Goo.G 00000 o. 00000 GooOOooOoGGG.00000...G.oOO°°°°°°°°°°°°..1 111 o000o000000000°000000°OOOOo°000°O000000000o00oo00°Oo°....Gooj J 00o000G.O.OGG000 00 o00o00000.00 0o oG0000000 ODo OGO G ooGOo00oo000l Z GOO OO GOO OD O O00000000°O OOOO OOOOOOOOOOOOOOOo00oo00°00000..o ..Q 00000°O.O.G.GO GG OGG.Go a Go.000..0GOOGG Go—OOO..o 00o00oo 0.G.G1 00000000°°°°°0000000°oo00o000ool000000l000000....000 °000...........Go...Go.....oo0...o....0.G...0......GoGGGGGGG R.EsT- 000000°°o°°°00000000 0000 000 00000 0o0o0°°0°00....0 .000 000°O°°°O. ? y T 000 o ° o000000000.GGoo.000G0000000.00 OOOOOOOOo00000.0 00.00000°oO°°G°°°°oO°°°°OO°°0000°°O°°°° 000000000000 .O ... 0000°OGoo0.00000.00.00000..000oo00.000 °°0000000O.000000000.00000000000000000G ; OG Ooo .....G0. 0.000000.00000000000GGGGGOGOGGGGGGGGGGG OOOOoG0000000 o0000G0 GOOOOoOGoGOooOG.0000D4 O.000OOU 0000000000°O°°°°°°°°O°°°°o0°°°000°O0°°O. O° OOOG.Oo00GOG.°°°o°o°°°°°oG°°°°O°000°°°°0000 6 om0000 OO°°°O.000OOOOOO.00000000000G.Go..O. 000000 0000000000000000.00000000000000..0000000 1 OO.00oO 000 moo...0000.......0000000000GoO000000GGoo (DG 000000000000000000.00000000.00000000OooO000 O qq 000 00000000000000000°OOOOOOOOOOOOOo000000000 Og9[.[pp .QO 0000°Oo0000°0001 03a oo°C000000 00000000000000 0000°°o°°°000°°O°a O...GGGGG°O.0000°°o°O°°°°°°°o°0°°000000000. Goy000Go0oGG OOO00000 000000 00 00°00000 OGG GG°0O°°°OGOG°°OO° oo.G.G.GGoo o..G.000..GG G ........G GG...3 LU 000000000 o°o°o°°°.°..°°G....... 00000 O°O°O°O°O°O°oo OO°000°000 °O°°OO.°°°°o°°O°°.0°°.o0 000000.000000.G.000OO000000000.0o.00oo0.0...GO.....OG GGG°0000000a oO°o°°°°°000°°°°GO°Ooo.o°°GOoo.000O000. G.000...o......000 oo1 o 000a0000 00000000000d r �o oo O°000.°°°000000G IL 00000 000000aoo G.Ga 1'-�RU1S l`RE o 0 0 o 000, 11000 00000 oo oG o.00p 00000 1L �0000000000000000000G 00000 000000000;1_ S o000000000 o°00000000punnmuunnnnunuunu.mws..... o 00000000000000000000 000000000.00 G00000000000 00000000 Goo 0000000000.000 o 0000 oo00000000000000000000 00000000.0oo0 F,S. o0 00000 000000000000G 00o 0 0000000000.00 Go— °000000G0000 00 gDOpo000000Q Oo0° a GG 0.o.0 0000000000°OOI .°0000°° oe �00000 00000 fCCC !GT o Cl 00 OOo 0000000000000G0� r 00 00 OOoGO'GOOOOGo000oG.OGoO Sw �II�T 0000000000000000a00000 .j T El F-1 S.[ATM�ryNr, rJ � W wlta —_ sorNcr ar.Iaw.wmmrwwwr...nw.nm.a American Equity INVESTMENT TRUST 4333 Edgewood Road N.E./Cedar Hapids, Iowa 52406 June 29, 1978 Mr. Dean P. Brennan Department of Community Development City of Ames Ames, Iowa 50010 Dear Mr. Brennan: May I take this opportunity to thank you for keeping us informed on the proposed re-zoning in your fine city. It is agreeable with us that you recommend that our parcel be included in the zoning change. You may or may not know that the motel is on a ground lease. The ground being owned by the Isreal's. That in effect, has our parcel land locked. I would implore that one of the re-zoning requirements be that High Avenue continue directly south so as to give us a public access. Upon receipt of this letter, feel free to contact me should you have any questions at 398-8513. Your cooperation is appreciated. Sincerely, AM,t4lUAN EQUITY 1N7 S ENT TRUST i Gerald A. Hiland Property Administrator GAH:nh (OWNERS OF PARCEL "All)