HomeMy WebLinkAboutA002 - department report MEMORANDUM
TO: Planning & Zoning Commission
FROM: Department of Community Development
DATE: July 24, 1979
SUBJECT; Rezoning request for land located 600' east of Dayton Avenue on the
south side of Lincoln Way
At the City Council meeting of July 10, 1979, the above referenced parcel was
annexed to the City of Ames. At that time, the City Council referred the request
for rezoning from A-1 to 1-1 to the Planning $ Zoning Commission for a recommenda-
tion.
Last year, the owners of the property submitted a similar request for annexation
and rezoning from A-1 to 1-2, and that request was reviewed by the Planning &
Zoning Commission on October 4, 1978. At that meeting, the Commission recommended
that the parcel be annexed and that the zoning be changed from A-1 to I-1 rather
than I-2. Subsequently, the requests were forwarded to the City Council for their
meeting of November 8, 1978. Although the attorney for the applicant requested
that the rezoning request be amended to I-1 from I-2, the City Council denied the
annexation request.
Attached are copies of both the annexation staff report and the rezoning staff
report that were submitted to the Planning & Zoning Commission on October 4, 1978.
Also attached is a copy of the minutes from the Commission meeting of October 4,
and from the City Council meeting of November 8, 1978.
The Department has not prepared a new staff report because the situation is basically
still the same, the primary change being with regard to the zoning classification
being requested and the Department finds this request for I-1 more acceptable than
the original request last year for 1-2.
Since the request last fall, there has been extensive discussion of the proposed
industrial districts to be included in the revised zoning ordinance. The final
district proposals include a General Industrial district and a Planned Industrial
district. If those districts were applicable, the Department feels that this
parcel should be included in the General Industrial District. The General Indus-
trial district is to be used in those areas where there will be no land use pattern
conflict with existing uses and this parcel would fit that category.
It appears that the Commission has three alternatives to consider for recommenda-
tion:
1. The parcel remain A-1 until such time as the property owner is prepared
to indicate the type of development that will take place.
2. The parcel be rezoned to I-1.
3. The parcel remain A-1 until such time as the proposed General Industrial
district is adopted by the City Council.
NM ANDUM
Planning & Zoning Commission
July 24, 1979
Page Two
Recommendation
The Department of Community Development recommends that the parcel remain A-1
until such time as the proposed General Industrial district is adopted by the
City Council.
This alternative is not unreasonable in this situation since the applicant has
indicated on the application that there are no immediate plans for development.
The Department also recommends that the Commission urge the City Council to
move ahead with the review of the revised Zoning Ordinance and adopt those
sections which are acceptable as soon as possible.
REQUEST
FROM. A-1 TO: I-1
REZONING Q
HEARING DATE: August 1, 1979
NORTH
PETITIONER: Marvin Walter & Dick Cox REZONING REQUEST'AREA
LOCATION: South side of Lincoln Way 600' east of LEGAL PROTEST AREA
South Dayton Avenue ZONING DISTRICT LINE
CITY LIMITS LINE
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CITY OF AMES, IOWA
REQUEST FOR REZONING
Date Submitted: ir -- Z i7 — '�,� Fee paid: .Sc�.r P. ..7'�. IG7y
r nre nt tiv
I (W ,). he i6ers gne�twR (--T oY ttfe property described below, do hereby respect-
fully request that the Zoning Ordinance be amended as hereinafter designated; and in
support thereof, the following facts are presented:
Owner's Name: an unnamed partnership consisting of Dayton Road Development
—Company, an Iowa corporation o paes owa and Richard , Cox of
Owner s Address: s� owa f 1 50010
Telephone: 232-40m58
1. Legal description: (The legal description must be correct or the application
cannot be processed.)
See attached Exhibit "A"
2. Street address or boundary description:
East Lincoln Way and Ford Street if same were extended
East Lincoln Way
3. Requested change: From A-1 (County) To ,�-
4. proposed use(s): (please refer to zoning ordinances for list of uses permitted.)
No uses are known at this time There are no definite plans
5. The reasons for requesting this change:
In order to orderly develop the land as an industrial subdivision.
This application must be accompanied by a list which indicates the name and address of
all property owners within 200' of the subject property. A form and an example map
are attached.
The map to be used for the subject property will be provided to you upon request from
the Community Development Department.
,F'LEb
C1 -�::;IK Dayton Road Development Company, a partner
% 4dn .L C q
By $g»aa�'oegmc Marvin J. Walter
chard L. Cox, a partner
EXHIBIT "A"
The Northwest Fractional Quarter (NW frl 1/4) of
the Northwest Quarter (NW1/4) of Section Seven
(7) in Township Eighty-three (83) North, Range
Twenty-three (23) West of the 5th P.M. , Iowa,
except the following:
(a) EXCEPT commencing at the Southwest Corner
of the Northwest Fractional Quarter (NW
frl 1/4) of the Northwest Quarter (NW1/4) ,
thence running North Thirty-two and Seven-
eights (32 7/8) Rods, thence East Sixteen
(16) Rods, thence South Thirty-two and
Seven-eights (32 7/8) Rods, thence West
Sixteen (1.6) Rods to the place of begin-
ning; and
(b) EXCEPT beginning Four Hundred Sixty-six
and Ninety-three Hundredths (466.93) Feet
East and Sixty-seven (67) Feet South of
the Northwest Corner of Section Seven (7) ,
Township Eighty-three (83) North, Range
Twenty-three (23) uest of the 5th P.M. ,
Story County, Iowa, thence South 2'01'
West Three Hundred Eighty-three and Four-
tenths (383.4) Feet, thence South 89*45'
East One Hundred Eighteen and Two-tenths
(119.2) Feet, thence North 1*57' Fast one
Hundred Ninety-five and Ninety-five Hun-
dredths (195.95) Feet, thence North 89017'
West Six and Seven-tenths (6.7) Feet, thence
North 2*14 ' West one Hundred Ninety-three and
Three-tenths (193.3) Feet, thence South 87024'
West One Hundred Eighteen (118) Feet to the
point of beginning; and
(c) EXCEPT the East Forty Feet of the Northwest
Fractional Quarter (NW frl 1/4) of the North-
west Quarter (NW1/4) of Section Seven (7) ,
Township Eighty-three (83) North, Range Twenty-
three (23) West of the 5th P.M. , Iowa; and
(d) EXCEPT beginning Four Hundred Sixty-six and
Ninety-three Hundredths (466,.93) Feet East and
Sixty-seven (67) Feet South of the Northwest
Corner of Section Seven (7) , Township Eighty-
Three (83) North, Range Twenty-three (23) West
of the 5th P.M. , Iowa, thence South 2001' West
Three Hundred Eiqhty-three and Four-tenths
(383.4) Feet, thence South 89045' East Eighty
and Nine-tenths (80.9) Feet, thence South 0018'
West Six Hundred Twenty-three and One-tenth
(623.1) Feet, thence South 83000' West One
Hundred Nineteen and Three-tenths (119.3) Feet,
thence South 26057' West Eighty-three and Nine-
tenths (83.9) Feet, thence South 7039' West One
Hundred Forty-five and Five-tenths (145.5) Feet,
thence South 89046' West Ninety-two and Five-
tenths (92.5) Feet, thence North 0*02' East Five
Hundred Forty-two and Four-tenths (542.4) Feet,
thence South 89051' West Two Hundred Thirty-one
(231) Feet, thence West Thirty-three (33) Feet,
thence North Six Hundred Thirty-one and Eight-
tenths (631.8) Feet, thence East Thirty-three
(33) Feet, thence North 44032' East One Hundred
Twenty-four and Three-tenths (124.3) Feet, thence
South 75018' East One Hundred Sixty-three and
Three-tenths (163.3) Feet, thence South 89021'
East One Hundred (100) Feet, thence North 69003'
East Fifty-three and Nine-tenths (53.9) Feet,
thence North 87024' East Thirty-nine and Forty-
five Hundredths (39.45) Feet to the point of
beginninq,
CITY OF AMES
DEPARTMENT OF COMMUNITY DEVELOPMENT
REPORT TO THE PLANNING & ZONING COMMISSION
VOLUNTARY ANNEXATION REPORT
DATE PREPARED: September 21, 1978
MEETING DATE: October 4, 1978
LOCATION: Approximately 600 feet east of Dayton Avenue on the south side
of Lincoln Way.
OWNER: W & G Cattle Company
LEGAL DESCRIPTION: (See Attached)
EXISTING LAND USE: The area is presently being used for agricultural
purposes.
LAND USE POLICY PLAN bESIGNATION:
This area is designated as being suitable for industrial development.
PROPOSED LAND USE AND ZONING:
z The property owner has indicated that he intends to develop the area
industrially. The applicant has requested I-2 zoning. That request
will be addressed in a separate report.
UTILITIES:
Water -- There is a 14" water line in Dayton Avenue. A 16" water line
is proposed to be extended from Dayton Avenue to Ford Street
in the 1980-81 Capital Improvements Plan Fiscal Year.
Sanitary Sewer -- There is a 10" sanitary sewer line in Lincoln Way approximately
300' west of the subject parcel . Design work has been com-
pleted for extension of the sanitary sewer as far east as
Ford Street.
Storm Sewer -- There is no storm sewer system serving this area.
ANALYSIS:
1. Soils
It appears that the entire tract is prime agricultural land with some
limitations on use of the area for industrial development. (See attached. )
2. This tract is contiguous to the existing corporate limits on the north
and west sides. Its annexation and possible development is a logical
step in the process of industrialization of this general area.
3. Utilities
Based on proposed plans for extension of the existing water distribution
system (included in the 1979-81 CIP) this property will not have direct
water service until the 1980-81 fiscal year. If the proposed extension
of the water distribution line is approved by City Council , the possibility
of development of the property prior to that time is doubtful . The
-2-
property owner should be aware of the situation regarding avail-
ability of utilities.
Service lines are also available from Ford Street on the north side
of Lincoln Way and can possibly serve this parcel .
4. In making a recommendation, the Department has to look at two critical
questions. The first question deals with the availability of utilities.
Although that is a major concern, unavailability of utilities has not
prevented annexation of land in the past; i .e. , the 24 acres to the east.
The second question deals with the possible premature nature of the
request. It may be premature from two aspects: (1) timing of utility
construction (discussed above); and (2) proposed use—of the land.
Under normal circumstances, there would not be a concern if a proposed
use was not expressed by the property owner, but in this case, the
property owner has requested I-2 zoning. Because of the types of uses
permitted in the I-2 district, the unwillingness of the property owner
to list the proposed uses(s) raises a serious question as to what might
develop on the site in the future.
The question of proposed uses will be addressed in the staff report
dealing with the zoning request.
RECOMMENDATION:
The Department of Community Development recommends that the annexation
request be approved.
i
SOILS INFORMATION
Soil Suitability for
CSR Light Industrial
A. 138E (Clarion loam) 82 Slight limitations on slopes less
138C2 than 9%; moderate on 9-18% slopes;
severe on slopes greater than 18%;
well-drained.
B. 507 .(Canisteo silty clay loam) 80 Severe limitations; moderate or high
shrink-swell potential ; poorly
drained; seasonal high water table.
C. 107 (Webster silty clay loam) 85 Severe limitations; moderate or high
shrink - swell potential ; poorly
drained; seasonal high water table.
0. 55 (Nicollet Series) 90 Moderate limitations; somewhat poorly
drained; seasonal high water table.
z
CITY OF AMES
DEPARTMENT OF COMMUNITY DEVELOPMENT
REPORT TO THE PLANNING & ZONING COMMISSION
DATE PREPARED: September 25, 1978
MEETING DATE: October 4, 1978
ZONING CASE NO. : Z 78-13
APPLICANT: W & G Cattle Company
STATUS OF APPLICANT: Owner
REQUESTED ACTION: From A-1 to I-2.
PURPOSE FOR REQUEST (as stated by Applicant):
LOCATION: 600' east of Dayton Avenue on the south side of Lincoln Way.
SIZE: Approximately 25 acres
EXISTING LAND USE: Agricultural
SURROUNDING LAND USE & ZONING:
North: Industrial ; 1-1
South: Agricultural ; A-1
East: Agricultural ; I-1
West: Residential , construction area; I-1
FINDINGS:
Land Use Policy Plan
The Land Use Policy Plan designates the area as being suitable for industrial
development.
Zoning History
This parcel is located in the County and is presently zoned A-1.
Public Utilities
Water --There is a 14" water line in Dayton Avenue. A 16" water
line is proposed to be extended from Dayton Avenue to Ford
Street in the FY 1980-81 Capital Improvements Plan.
Sanitary Sewer --There is a 10" sanitary sewer line in Lincoln Way approxi-
mately 300' west of the subject parcel . Design work has been
completed for extension of the sanitary sewer as far east as
Ford Street.
Storm Sewer --There is no storm sever system serving this area.
-2-
Transportation
Access to the site is provided via Lincoln Way.
Physical Characteristics
Vegetation -- Characterized by agricultural vegetation
Terrain -- Gently rolling
Drainage -- Generally to the southwest
Soils -- See attached sheet.
Flooding -- The area is above the flood plain of the Skunk River.
ANALYSIS:
1. If the parcel is annexed, it should be zoned industrially, but it is
doubtful that I-2 zoning is acceptable in this area because of the
immediacy of I-1 zoning and the high visibility status afforded the
site because of its location on Lincoln Way.
A better solution may be to leave the parcel as A-1 or rezone to I-1
until such time as the owner is prepared to propose an I-2 use.
2. The Land Use Policy Plan designates this parcel as being suitable for
industrial development.
RECOMMENDATION:
The Department of Community. Development recommends the following:
1. The parcel remain A-1; or
2. The parcel be rezoned to I-1 until the owner' is prepared
to make a proposal for an I-2 use.
,Page *3 P & Z MINUTES October 4, 1978
A question was raised regarding which entity (City or County) had
Jurisdiction over the subdivision since it is outside the City limits.
It was stated that the City has ,jurisdiction since its ordinances are
more restrictive.
Mr. Kahler questioned the developer's course of action if the plan is
denied. Staff commented that he has the option of taking it on to the
Council as presented or of coming back to the Planning Commission with
an alternative design.
Mr. Lex suggested that some plan be drawn to accompany any alternative
designs which would show the mature trees that would have to be removed.
He also expressed his desire that the road system be planned to meet
building site design.
Mrs. Cholvin expressed her concern that this is an almost impossible
situation. She noted that the loop road as constructed is completely
unacceptable to her and that she felt the plan should be completely
redesigned.
Mr. Riis suggested that if this subdivision is redesigned, an engineer
who is more sensitive to the environmental complexities of the site
should be employed. He indicated that he would like to see it redesigned
also.
MOTION (Cholvin, Lex) To recommend denial of this CDP for the
reasons stated by staff as follows:
0) because the developer went ahead with
construction of a road system prior
to approval ; and
(2) because the design, as submitted, is
not compatible with the existing
natural environment and is contrary
to Section 32-2002 (General Guidelines
for Design Review) of the Subdivision
Ordinance.
VOTING AYE: Bledsoe, Whetstone, Lex, Nichol , Riis, Cholvin, and Kahler
VOTING NAY: None
Motion to deny carried 7 to 0.
FA.
ATION:
rea 600 east of Dayton Avenue on south side of Lincoln Way.
Mr. Nichol excused himself from any discussion or voting on this matter
since he has had prior association with the applicant. Mr. Riis presided
over this portion of the meeting.
Mr. Brennan indicated that this request was from W & G Cattle Company for
annexation of approximately 25 acres located approximately 600' east of
Dayton Avenue on the south side of Lincoln Way. The Land Use Policy Plan
designates this area as suitable for industrial development. He noted
' Page 4 '
P & Z MINUTES October 4, 1978
that with regard to soils, the area is almost entire)
aricultur
land and there is some limitation as far as constructionriseconcerned. al
This property is contiguous to the City on three sides and does not
include the farm between it and the City limits on the west. Mr.
Brennan noted the existing and proposed utility improvements in the
area. He also noted that in making a recommendation, the staff had
to consider two critical questions: (1) availability of utilities
(although Mr. Brennan indicated that unavailability of utilities has
not prevented annexation of land in the past); and (2) the possible
premature nature of the request with regard to timing of utility
construction and proposed use of the land.
He continued that normally, proposed use of the land would not be a
concern. However, in this case, the applicant has requested 1-2 zoning
and has not stated a proposed use. Because of the types
in the I-2 zone, the concern is what will be located onthe site of uses Pm
rtheted
future. He noted, however, that this problem will be more thoroughly
discussed when the rezoning request is considered.
The staff recommendation is to approve the annexation request.
Mr. John Nutty, attorney for the petitioner, addressed the Commission and
noted that annexation of the property would permit initiation of utility
installation.
MOTION (Bledsoe, Lex) To accept the recommendation of staff and
approve the annexation.
The farm property to the west of the subject property was discussed and it
was decided that an election necessary for involuntary annexation of pro-
perty should not be held just to acquire this property into the City limits.
Staff was directed by the Commission to take the initiative to see if the
property owner of that parcel would volunteer for annexation.
The recommendation from the Story County Planning & Zoning Commission was
briefly discussed. Their hope was that any time prime agricultural land
was annexed to the City, it should be used as efficient) as that it would make up for the fact that this n y was no longerso
in production and also so more ag land would notmhave tobeannexxedfor
a similar purpose.
A short discussion was held regarding I-3 district requirements.
Mr. Nutty noted that the tax rolls show this property as consisting of
33 acres, rather than 24 as mentioned earlier.
VOTING AYE: Bledsoe, Whetstone, Lex, Riis, Cholvin, and Kahler
VOTING NAY: (done
ABSTAINING: Nichol
Motion to approve annexation passed 6-0-1.
Page 5 P & Z MINUTES October 4, 1978
REZONING: l,A
Rezoning of one - parcelof landh600' east of Dayton Avenue on the south
side of Lincoln Way from A-1 to I-2.
Mr. Brennan reiterated the staff report regarding this subject and
noted the Department's recommendation as follows:
(1) That the parcel remain as A-1; cir
(2) that the parcel be rezoned to I-1 until such time
that the developer is prepared to make a proposal
for I-2 uses.
It was indicated that the City is not the only entity which has controls
over "nuisance" industries permitted in the I-2 zone. State and Federal
regulations regarding noise, odor, waste disposal , etc. , also apply.
Mr. Brennan read the permitted uses for the I-1 and I-2 districts as
they presently exist in the Zoning Ordinance.
Mr. John Nutty spoke on behalf of the applicant and indicated to the
Commission that he could not disclose the nature of the use being pre-
liminarily proposed for this area because it is a competitive use, not
because it is an offensive use. He indicated that they are seeking I-2
zoning because in that zone there are more options available to potential
developers.
The question was raised as to if the property were zoned to I-1 now, would
the applicant have to wait a year before again requesting I-2 zoning. It
was determined that the City Attorney would have to make that interpretation
however, it appeared from a recent Council meeting regarding the rezoning
on 24th & Grand, that this ordinance provision is flexible.
Mr. Riis expressed his belief that the best zoning classification for this
property would be the proposed I-3 district of the new zoning ordinance.
Mr. Bledsoe indicated that he felt the new Federal regulations with regard
to odors were such that none of these uses under I-2 would L-,e offensive to
him.
Mr. Kent Cooper, owner of property at Dayton and Lincoln Way, spoke in
opposition to the requested rezoning. His concern was that a slaughter
plant might be located on this site and he noted that the residential
properties in the immediate area may be disturbed by such a use. He
hoped that the Commission would not rezone the property until a use was
specified by the owner.
Marion Weiss, 2920 Northwood, stated her opinion that she would also hate
to see an animal rendering or similar use allowed on this property.
Mr. Bledsoe agreed that Mr. Cooper had a legitimate concern, but he felt
the day of odor-creating uses was in the past.
Mrs. Cholvin felt that Federal regulations are not always adhered to and
that these offensive uses are still offensive uses.
Page 6 P $ Z MINUTES October 4, 1978
Mr. Nis felt the Conmission needed to know more about what kinds of
controls to which these industries are subject. He noted that in the
event the applicant comes back to again request I-2 zoning, he should
bring statements from experts as to what kinds of controls there are
and how they are enforced.
Esther Whetstone felt that the residents of the area should be con-
sidered when the Commission made its decision.
Mr. Lex indicated that the Land Use Policy Plan designates the area as
industrial but he didn't think I-2 should be permitted because it may
badly affect surrounding existing properties.
Mr. Kahler was not against I-1 zoning and felt the applicant should
resubmit his request for I-2 when he can specify the use.
MOTION (Lex, Cholvin) That the parcel be recommended for rezoning
to I-1 based on Commission discussion.
VOTING AYE: Bledsoe, Whetstone, Lex, Riis, Cholvin, and Kahler
VOTING NAY: None
ABSTAINING: Nichol
Motion carried 6-0-1.
COMMENTS FROM COMMISSION MEMBERS:
It was noted that the Commission will meet on Wednesday, October 11, 1978, to
continue discussion on the proposed zoning ordinance.
ADJOURNMENT:
The meeting was adjourned at 9:45 P.M. after a motion by Cholvin.
Dean P. Brennan, Senior—�lanner�_ s o r. , C11ylirman
CITY , C o UdC.I_[.. N►L N u_T��__.._ 11- -'78 --. �.
{76 Motion by Hammer, seconded by Atherly to refer to City Attorney for
preparation of an ordinance amendment regarding Section 7-3005(c)
regulating mandatory bikepath usage.
Motion by Hammer, seconded by Atherly that the City Attorney prepare an
ordinance amendment defining right-of-way at intersections of separate
bikepaths and roadways. (Motion carried)
Councilmember Huston asked that Jim Valenta serve on the subcommittee
dealing with location of bikepaths.
6. That the Ames Traffic Safety Advisory Committee be disbanded and its
functions be referred to the Traffic Engineer for staff review.
Motion by Atherly, seconded by Hammer to make no further referrals to
Traffic Safety Advisory Committee until April 1 , 1978. (Motion carried)
Fch
TITION FOR ANNEXATION OF LAND LOCATED 600' EAST OF DAYTON, SOUTH SIDE OF
NCOLN WAY; REZONING THE. PROPERTY FROM A-1 TO I-2: John Nutty, Attorney for
e applicant, W & G Cattle Co. , requested that the rezoning request be
angedd to I-1. Questions were raised about use of the land which could not be
answered at this time. The matter was discussed at some length with arguments
in favor of the annexation because land on either side is within the City limits
and arguments against the annexation because there is other available industrial
land in the City and because of the question regarding its use.
Motion by Shank, seconded by Hammer tc-,deny the request for annexation.
Motion by Huston, seconded by Curtis to table the matter until the November 21st
meeting. (Motion defeated)
The original motion was voted upon and carried and the request denied.
ORDINANCES:
Motion by Huston, seconded by Curtis to pass on third reading and adopt
ORDINANCE NO. 2689 establishing locations where right turn on red light is
prohibited.
Roll call vote 5-0, motion carried, ordinance adopted, signed by the Mayor
and placed on file.
Motion by Huston, seconded by Shank to pass on second reading an ordinance
establishing regulations and procedures for making taps and connections to
sanitary sewer lines.
Roll call vote 5-0, motion carried.
COMMENTS FROM THE MAYOR AND COUNCIL MEMBERS:
Motion by Atherly, seconded by Hammer, to direct staff to prepare a plat
showing alleys which are opened and alleys which are closed. (Motion carried)
Motion by Huston, seconded by Hammer, to hold an executive session in connection
with the first meeting in December as stated in the City Manager's contract.
(Motion carried)
Motion by Shank, seconded by Hammer to adjourn at 11 :55 p.m.
Mary E. aul , City Cler