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HomeMy WebLinkAboutA001 - rezoning procedures and checklist PROCEDURE FOR REQUEST FOR REZONING NAME O r P.r h r yN r n, C e- LOCAT ION W 0 r n e'Ir d-� REZONING FROM TO DATE 4-1 . Request for rezoning filed in City Clerk's office with $40 filing fee. (Not considered filed until fee is paid) 2. Photocopy sent to Planning and Housing immediately after being filed. ( 1J-e\`\ve,ce& \L1 3. Referred by Council to Planning and Zoning Commission for recommendation. lh Property owner, notified of above action. 4. Recommendation- fil'ed'by Planning and Zoning Commission with City Clerk. 5. Council set date of hearing for -,�-$a for lst reading of ordinance amending Official Zoning Map. Property owner notified of above action. /' Notice of hearing published 15 days prior to hearing. Notice sent to property owners within 200 feet of property being rezoned. 6. Ordinance passed on 1 st reading Ordinance passed on 2nd reading - I C1 -U Ordinance passed on 3rd reading and adopted (Ordinance No. 7. Copy of ordinance and plat before recorded to: Les Beck, Planning and Housing Richard Horn, City Assessor 8. Certified copy of ordinance and plat sent to County Recorder 9. Recorded materials returned to City Clerk GIN C)JVA JuL ik�l - g-X LAW OFFICES PAYER, STEENSLAND & LATHROP DONALD R.PAYER 537 MAIN STREET P.O.BOX 592 GREG W.STEENSLAND AMES,IOWA 50010 AREA CODE 515 VICTOR G.LATHROP TELEPHONE 232-4115 October 21, 1981 F"L.ED CITY CLERK tr OF ANIES.IOWA City Clerk City Hall Ames, Iowa 50010 OCT 2 3 IOU Dear Clerk: RE: Northwood Plaza I am enclosing a request for rezoning on the above parcel of ground referred to as Northwood Plaza. Also enclosed is a check for $40. 00 and 9 copies of the proposed plat of the land. We have previously filed a request for rezoning on the above matter on August 22, 1979, and we do hereby formally request that this previous request for rezoning filed with you be withdrawn and that only the existing attached request be considered at this time. Please advise when the date of the hearing before the planning and zoning will be. Thank you. Yours very truly, PAYER, EENSLAND LA OP By: ona R. Payer kdt Enclosures CITY OF AP1ES, IOWA . REQUEST FOR REZONING //� or- Date Submitted: K lq, Fee Paid: TV I (We) , the undersigned owner(s) of the 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: Northern Enterprizes, Inc. , owner of South 10 acres, and Warren E. Israel , Owner's Name: Donald M. Furman. and J. B. Walker Estate, owner of Nnrth 30 arrpc_ Owner's Address: c/o Donald R. Payer, attorney. 537 Main Straat, AuIes, Iowa 5no10 Telephone: 232-4115 1. Legal description: (The legal description must be correct or the application cannot be processed. ) See attached sheet 2. Street address or boundary description: Northwest corner of 30th and Grand AvPnua 3. Requested change: From IR To R-3 and PC 4. Proposed use(s): (Please refer to zoning ordinances for list of uses permitted. ) MOtinla hni►cinn; Affi6e cawmarcia�l an�'�hop commercial 5. The reasons for requesting this change: To properly utilize the land and to make the best use of its location consistent with surrounding property adjnining thPrPtn 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. Sig ure of owner or agtht Donald R. Payer, Attorney for Owners Real Estate Ow#d by Northern Enter risesO Lots- 7 and 8, North Park Subdivision, located in Section 27, Township 84 North, Range 24 West of the 5th P.M. , City of Ames, Iowa. Real Estate Owned by Warren Israel, J.B. Walker Estate and Donald M. Furman: LEGAL DESCRIPTION That part of the Northeast Quaxtor (NE%) of the Southeast Quarter (83%) of Section Twenty-seen (27) . Township Eighty-four (84) North, ' Range Twenty-four (24) West •.:•f the 5th P.M., in Ames, Story County, Iowa, lying Nest of Grand Avenue, EXCEPT the West 282 feet of the North 213 Feet, AND EXCEPT commencing at the Northwest Corner of the Northeast Quarter NEB) of the Southeast Quarter , (SEt) of said Section Twenty-seven (27) , Thence N 89008140" East along the North Line of the Southeast Quarter (SE4) of said Section Twenty-seven (27) a distance of 282.0 feet to the point of beginning, Thence S 0001150" West 183.0 Feet, thence N 8900814" < 'Rast 954.0 Feet, thence Northwesterly on a 8,525 foot radius curve "'. concave to the Southwest, the long chord which bears N 3031140" West an arc distance of 57.1 Feet, thence N 21030'10" West 99.25 Feet, thence North 33.0 feet to the North line of the Southeast Quarter (88$) of said Section Twenty-seven (27) 4 Thence S 89008'40" West along said North line of the Southeast Quarter (SEk) a distance of 914.0 Feet to the point of beginning, 'ICY AND EXCEPT COmaleneing at the Northwest corner of the Northeast 4 Southeast Section 27, Township 84 North, Range 24 West of the 5th P.M., ' '. abd running thence South along the West line of said Northeast h '.:";Southeast % 180 feet to the point of beginning. Thence East 180 j C J+ •; 'Feet distant from and parallel to the North line of said Northeast Southeast % 282 feet, thence South 3 feet to the Southwest ti ,corner of Gateway Subdivision, thence East along the South line '�. .', y Subdivision to the West right-of-way line of Grand 4 Avenpaj, thence South along the West right-of-way line of Grand. 1Weue 125 feet, thence Westerly to a point on the West line of said Northeast % Southeast % 103 feet South of the point of beginning, thence North to the point of beginning, all in the City of Ames, Story County, Iowa. November 3, 1981 Donald R. Payer Attorney at Law Payer, Steensland & Lathrop 537 Main Street Ames, Iowa 50010 Dear Mr. Payer: At their meeting of October 27, 1981 , the Ames City Council referred your Y request to withdraw the previous request to rezone and to submit a new request to rezone from R-2 to R-3 and P-C and the development plan for the northwest corner of 30th Street and Grand Avenue (Northwood Plaza). to the Planning and Zoning COmn11S Sincerely, Gina Bickneee f.. Ames City Clerk 00 ,' GB/njg r z 0 a J J c m C o Q `c$ o H m a O 60 w >Z ¢ 3 � p o � o 0 W a _ :}y E Eo � o Iz 6 U y � c y O ¢ D c ` N y ND m � d- y O 'E o m d E o@ U UZ Z Q p a >-T m c � O U o a r� Q Ca rn W LL W p d ^ LL Q O i •. . ° C.) o .. W E O W to cc LU o Q Ei Q } ol Q ,,, e W c cr V Q F \/ Z W m ~ U LLC C C C W O Z 2 at � - OTC ii Q Z fn Q Q COUNCIL ACTION FORM NO: December 15, 1981 SUBJECT: Rezoning Request. This is a request by Northern Enterprises, Inc. , Warren E. Israel, Donald M. Furman, and J. B. Walker Estate to rezone approximately 40 acres from R-2 (Low-Density Residential) to R-3 (Medium-Density Residential) and P-C (Planned Commercial). BACKGROUND: This area is presently zoned R-2 and has been designated R-2 since the zoning for this general area was determined. A request to rezone the ten acres at the northwest corner of 30th and Grand was first reviewed by the Commission on October 3, 1979, and tabled until the meeting of March 5, 1980. At that meeting, the Commission recommended that the request be denied. At the meeting on March 25, 1980, the City Council set a date for a public hearing for April 15, 1980. At that meeting the Council tabled the request and directed the Planning and Zoning Commission to advise the Council on the appropriateness of changing the Land Use Policy Plan designation for the entire 40 acres. Subsequently, a report was prepared by the Department of Planning and Housing which detailed several possible land use alternatives. The Commission did not make a recommendation on those alternatives and deferred a decision of the land use for this 40 acres until a rezoning request for the entire 40 acres could be submitted. The Planning and Zoning Commission recommended that this request be denied by a vote of 5 to 2 at their meeting of December 2, 1981. ALTERNATIVES: The following alternatives are available: 1. Approve the request as submitted. 2. Deny the request. 3. Table the request as suggested by the Department of Planning and Housing so that adequate information can be submitted to facilitate a decision on this area for the Land Use Policy Plan. MANAGER'S RECOMMENDATION: The City Manager recommends that a public hearing for this request be set for January 5, 1982. • i � ah CITY OF AMES DEPARTMENT OF. PLANNING & HOUSING REPORT TO THE 'PLANNING & ZONING COMMISSION PREPARED: October 28, 1981 MEETING DATE: November .4, 1981 ZONING CASE NO. : Z-81-15 APPLICANT: Northern Enterprises, Inc. , Warren E. Israel, Donald M. Furman, J. B. Walker Estate STATUS OF APPLICANT: Owner REQUESTED ACTION: Rezone a portion of the area from R-2 (Low-Density Residential) to R-3 (Medium-Density Residential) and P-C (Planned- Commercial) PURPOSE FOR REQUEST (as stated by Applicant) : "To properly utilize the land and to make the best use of its location consistent with surrounding property adjoining thereto." LOCATION: Northwest corner of 3Oth and Grand Avenue SIZE: 40.24 acres EXISTING LAND USE: The parcel is presently used for agricultural purposes. SURROUNDING, LAND USE & ZONING: North: Residential; R-2 South: Commercial, Residential, and Church; P-C, R-3, and R-2 East: Commercial, Residential; R-3 West: Residential; R-2 FINDINGS: Land Use Policy Plan The Land Use Policy Plan designates this area as suitable for medium- density residential development. When the Commission was reviewing the Land Use Policy Plan Map the decision on this area was forestalled until the time this request is reviewed. Zoning History There was a request before the Planning and Zoning Commission to rezone the 10 acres at the northwest corner of 3Oth and Grand from R-2 to P-C on October 3, 1979. That request was tabled until the Commission meeting of March 5, 1980. At that meeting the Commission recommended that the request be denied. The request was on the Council agenda for March 25, 1980, at which time the Council set a public hearing for April 15, 1980, and requested additional information from the staff. At the meeting on April 15, 1980, the City Council took the following action: 1 . 2 � Z-81-15 Motion by Curtiss, seconded by Hammero to table the rezoning in light . of consideration that only the 40 acres be reviewed as a whole. (Motion failed) Vote on motion to accept Planning and Zoning Commissions recommendation. (Motion failed) Motion by Hammer, seconded by Curtiss, to table the request. (Motion carried) Motion by Hammer, seconded by Parks, to direct the Planning and Zoning Commission to advise Council on the appropriateness of changing the Land Use Policy Plan for the entire 40 acre area and the northeast corner of 24th Street and Grand Avenue. (Motion carried) Since. that time a staff report has been prepared by the Planning and Housing Department. That report set forth various alternatives not only for this parcel but also the parcel at 24th and Grand. That report presented the several schemes including population estimates as well as anticipated property tax revenues. No recommendation was made regarding the most appropriate land use, but the land use as proposed can be considered a variation of those .schemes. Public Utilities Discussions with the Public Works Department indicate that utilities in the area : are adequate to serve any form of development that could be constructed. Of special concern is the storm water runoff problem that will certainly be exacer- bated by any development on the site. IThis concern has been expressed to the developer and that situation will be worked out when engineering information would be submitted to the Public Works Department. Vehicular Access Access is affordable to the site from Grand Avenue, 30th Street and Wheeler Street. Physical Characteristics Vegetation -- Agricultural crops Terrain -- Gently rolling Drainage -- Drainage is to the north and northeast. There is a low area on the site which retains water during unusually heavy periods of rainfall. Soils -- Over 50 percent of the site is Prime Agricultural L and. Flooding -- The property is not subject to flooding except as noted above and that problem can be eliminated during the construction process. ANALYSIS: As mentioned previously, a request for the 10-acre parcel at the northwest corner of 30th and Grand to be rezoned from R-2 to P-C has been reviewed and recommended for denial by the Planning and Zoning Commission. That request included 3 . Z-$1-15 a plan for a planned commercial shopping area. That request has been formally withdrawn by the applicant and would appear to be a dead issue at this time. The current request involves the total 40 acres and does not include any plan except for the CDP which indicates general layout of streets and lots. 1. Land Use Policy. Plan - The basic question in this request is the appropriateness of the medium-density designation of the Land Use Policy Plan. It would seem that the current designation is reasonable unless the property owners can demonstrate that the community will benefit if that designation is changed. To that end it may be beneficial to review the reasons for the current designation as well as the reasons for change as delineated by the developer. In the Land Use Policy Plan adopted in January 1977 the following statement appears in the introduction to the Goals and Policies dealing with commercial development appeared: "There should be an opportunity for expansion of business. . .the viability of existing commercial areas is essential to the health of the community... . policy supports the maintenance and improvement of the Downtown—and the North Grand Mall." "Provision is made for creation of new commercial areas, primarily on the neighborhood scale. . ." The plan goes on to state the following goal and policy: "Goal Cl: To create opportunities for the expansion of business in appropriate areas while maintaining the usefulness and vitality of existing facilities." "Policy Statement Cl-4: That the integrity of North Grand Mail be maintained by preventing commercial development around its periphery. This should maintain the existing commercial area as bounded on the north by 30th Street, on the east by Grand Avenue, generally on the south by 24th Street, and on the west by Ferndale. Although allowing additional retail commercial development in the area has the potential for enhancing the Mall, it must also be assumed that commercial development might dilute the retail drawing power of the Mall and endanger its status as a major commercial attraction. North Grand Mall should continue to serve as a major commercial attraction for both the Ames community and surrounding towns and rural areas." This policy is reflected in the Land Use Policy Plan map that indicates the confines of the commercial area to be 30th Street on the north, Grand Avenue on the east, 24th Street on the south, and Ferndale on the west. It thus seems that the clear intent of the Land Use Policy Plan was to restrict development to the current areaconsidered part of the North Grand Mall and that the area north of 30th Street. should develop as medium-density residential. It appears that the Commission agreed with that determination through their recommendation of March 5, 1980, that the original request for the 10 acres be denied. That same explicit concern for maintaining the integrity of the North Grand Mall has not been included in the revised Land Use Policy Plan, although the concern for commercial vitality is reflected in the Commercial section Goal: "To create opportunities for the expansion of business in appropriate areas while maintaining the usefulness and vitality of existing commercial development." • 4 • Z-61=15 The applicability of the Goal to this area cannot be questioned, but of more importance is the intent of that Goal as well as other goals and policies in the revised Land Use Policy Plan. Commercial development of a portion of this parcel . would not be contrary to any policy in the Plan and, in fact, the overall proposal responds specifically to the policies concerning development of those areas pre- sently being served by the -exiating infrastructure. It is doubtful that the . community is opposed to the portion of the proposal dealing with residential 'development and it would seem that the primary concern will be the commercial development. 2. Community Philosophy - In addressing the change in the Land Use Policy Plan one of the primary concerns of the decision making process is the question of philosophy and whether this particular area should or needs to have additional area designated for development of commercial activities. Certainly any. commercial development in the area, beyond North Grand Mall, will serve as an ancillary or periphery use to theMall itself. It appears unlikely that any commercial development that would emerge would pose a serious threat to the Mall itself and more than likely will complement the Mall and increase its drawing power. Head-on competition with the Mall would appear to be foolhardy, although it can be assumed that there will be definite competition between business types, i.e. , a new shoe store would compete with existing shoe stores at the Mall. Philosophically does the community feel the North Grand Mall area should not expand in commercial scope? Is it felt that additional commercial. development will somehow detract from the Mall? Is it indeed the responsibility .of the community to "protect" the commercial integrity of the Mall or is :that best left to the market place? It will undoubtedly be claimed that any additional commercial development in this area will detract from other commercial areas in Ames. Yet, it could, quite possibly, be agreed that expanding the scope of the Mall area will increase its drawing power resulting in an increase in the number of persons coming into the . community to shop as well as the number of persons who remain in Ames to do their shopping rather than going to Des Moines or other communities. If. that would be the case, perhaps those additional shopper dollars will spin off to other commercial areas of the community. But how are those impacts measured and what happens if rather than drawing increasing shopper dollars,.. a new Commercial area simply siphons off shoppers dollars from other parts of Ames? Is the community willing to take the chance to enhance North Grand Mall at what may possibly be the expense of other. commercial areas of the community? One of the most difficult questions to address is whether there is a need for additional commercial development, not only in this area but throughout the entire community. No one can deny that there is adequate land zoned commercial already existing in the community. The problem, as identified by the developer at the time of the previous request for the ten acres, appears to be that the commercially zoned land is not available where it is needed most and where the demand for commercial development exists. Unfortunately, there is no hard, fast data which supports such a theory nor is there any information to the contrary. What was pre- sented at the time of the initial request was a series of letters indicating an ' interest in leasing space in a new commercial area. That indicates a demand for commercial establishments to locate in proximity to the Mall, but does not give a clear picture of actual market demand and whether once established, new commercial activities can be sustained. Although a "market analysis" was prepared during the period of time the request for the ten acres was before the Commission, the methods and results of that analysis were questionable at best. It had been mentioned that the Department staff should prepare such an analysis. This type of an analysis is highly specialized and this department does not have the expertise to perform such an analysis. 3. Development Proposal - The owners have submitted a proposal for the entire 40-acre parcel that includes approximately 18 acres of land for commercial use, 12.4 acres of medium-density residential land, and 4.5 acres of low-density residential land. The low-density area is to serve as a. buffer to the low- density area to the west as does the medium density -residential and the Bloomington Rd. R.O.W. serve as a buffer to the low-density residential development to the north. The overall scheme appears to follow a logical approach to transition from an area of intense activity, commercial, to an area with minimal activity, low- density residential. Thus, from a planning standpoint the approach to the designation of land use activities is not inappropriate. It would also seem that the overall concept from the standpoint of street layout is not inappropriate and could, in fact, be used no matter how the area is developed. No plan has been submitted for any of the area being requested for rezoning. If the zoning is approved, plans will have to be submitted for the areas designated as P-C. Although it would seem reasonable to expect a plan submittal to accompany the request, a plan for the P-C area is certainly not the question and rather than confuse the real issue with the various aspects of a plan, the owners are asking the Commission, and eventually the City Council, to deal only with the issue of zoning. a) At this point in time the property owners have provided no information that would appear to justify the need for 18 acres of commercially zoned land. From the previous request for the ten acres, there is at least an indication of what may develop, yet nothing has been provided which indicates what the real need is for commercially zoned land. It is anticipated that will be addressed at the Commission meeting. Yet, without at least a schematic plan or data indicating the need for commercial land, it certainly seems that the designation of 18 acres is more of a speculative approach to zoning rather than a thorough analysis of the situation. It would seem that at least some rudimentary planning would have been done to identify the amount of area that should be designated commercial. The Department is concerned about the amount of land that is designated for commercial development and remains unconvinced regarding the need for 18 acres of Planned Commercial land. b) The plan designates three large parcels to be zoned R-3 (Medium-Density Residential). These parcels, if developed to the maximum, would allow for the construction of the following numbers of residential units: (1) R-3 - 2.42 acres 105,415 sq. ft. 56 units (2) R-3 - 2.37 acres 103,237 sq. ft. 55 units (3) R-3 - 7.63 acres 332,362 sq. ft. 182 units Total 293 units Development in the R-3 area could take a variety of forms ranging from multiple-family apartments to townhouse units to lower-density units and any combination thereof. If the area is built to the maximum of 293 units, there could theoretically be a population of about 720 persons based on an average household size of 2.45 persons. The Department feels that the R-3 designation is an appropriate designation and although there may be some concern about the relationship of the R=3 area to the low-density residential area to the north, it appears that any conflict will be minimal because of the separation of Bloomington, Road. c) The remaining area is designated for retention of the present zoning which is R-2. The use of low-density residential land to buffer the existing residential area to the west from the R-3 area as designated to the east is not inappropriatet It would seem that actually the R-2 zoning may be inappropriate because of the stated intention to use the R-2 District only in existing areas and to use the R2-7 ' or R1-6 designations for new developments. RECOMMENDATION As has been proposed in the revised Land Use Policy Plan, review of a rezoning , that results in a deviation from the LUPP should be basically a two-step procedure. First, there should be a decision on the LUPP and whetherr -a change is apropos. That decision will influence the second step which is a decision on the rezoning request. Unquestionably, the first step is the 'most crucial. The Department finds itself attempting to reach 'a conclusion and make 'a recommendation regarding a change in the Land Use Policy Plan. Such a change is clearly contrary to the current Land Use Policy Plan and on that basis a recommendation for denial could easily be made. But because of the Commission action to forestall a decision regarding this area on the revised LUPP map, the Department finds itself in a less defensible position if a recommendation for denial would be forthcoming. Thus, it becomes necessary to look at the existing situation and ask why is the medium-density residential land use inappropriate if indeed that is the case. The Department does not feel it is it's responsibility to answer that question, but rather the responsibility to defend the current designation until such time as adequate facts are presented which indicate that the current designation is no longer valid. At this point in time the Department feels that adequate information is not available to warrant a change in land use, designation. Although in most cases the Department would request information directly from the applicant,, time did not allow. . that and the Department feels that in a request of this magnitude and apparent far- reaching impact, a request for additional information should come directly from the'. Commission. The Department feels that it is the responsiblity of the property owners to sub-, mit the following information. 1. A market analysis indicating the need for additional commercial facilities in the community. 2. That analysis should also indicate that the proposed site for commercial development is an appropriate site for new commercial development in- the community. 3. There should be some indication regarding, the decision to request approximately 18 acres of land be designated Planned-Commercial. Although the Department generally resists a recommendation to table an item, .it is felt that this request is significant enough to warrant such an action to allow the property owners to provide additional information. If the Commission concurs with this recommendation, the Department asks the Commission to specifically state`. in the motion to table what items of information it feels will be necessary to make a decision. REZONING RE EST F�►": R-2 To: R-3 & P-C ,I HEARING DATE: November 4, '1981 _ NORTH PETITIONER: Northern Enterprizes, Inc. Warren Israel, Donald M. Furman, REZONING REQUEST AREA J. B. Walker Estate ' . LOCATION: Northwest corner of 30th and `— -- - LEGAL PROTEST AREA Grand Avenue. ///n///////// ZONING DISTRICT, LINE CITY LIMITS LINE cry ' '=1:M `n .. lu R 1 - mmm�/nn/n F nmm�mnmm�nnrnnnnn am- - l'M � r UU � wQ ; a 1 00MINGTON I RD. 7 �1 ` s Q GA N E R T € CIRCLES , G k A R- �4r h NORr i �V STREET I _ •' ( ~ ' �. Q IX U' L Cr i - :u�unu������u/n������ru������nu�������rt����ru�■■�n�/��//�////�///////// D Lf F Y 17 1 KENPiLGY r7 r --— — — — — — — .t — .--_— .. �— ti � - R-2 I P—C { LAW OFtICES PAYER, STEENSLANb &.LATHROR • DONALD R.MAreR 627 MAIN Stater P.O.SO1t Sf! 6 PICO W.STetNSLANO AMES IOWA 80010 VICTOR S.LATHROP ARIA CbOe•it - TSLrrNONc r<St-4118 October 21, 1981 FILED MY CLEM MY OF AME&IOWA City Clerk City Hall Ames, Iowa 50010 OCT 2 E IM Dear Clerk: RE: Northwood Plaza I am enclosing a request for rezoning on the above parcel of ground referred to as Northwood Plaza. Also enclosed is a check for $40. 00 and 9 copies of the proposed plat of the land. We have previously filed a request for rezoning on the above matter on August 22, 1979, and we do hereby formally request that this previous request for rezoning filed with you be withdrawnland that only the existing attached request be considered at this time. Please advise when the date of the hearing before the planning and zoning will be. Thank you. Yours very truly, PAYER, EENSLAND OP By. - Donald Payer kdt Enclosures • .'' CITY OF AMES, IOWA i REQUEST FOR REZONING Date Submitted! &0 1q. fee Paid: Myoc I (We), the undersigned owner(s) of the property described below, do hereby respect• fully request that the Zoning Ordinance be amended as hereinafter designated; and it. support thereof, the following facts are presented: Northern Enterprizes, Inc. , owner of South 10 acres, and Warren E. Israe Owner's Name: Donald M. Furman. and J. B. Walker c atp- nwnpr of Nnrth 4n arrac- Owner's Address: c/o Donald R. Payer a - nrney. 517 Main ttrppt, Ames, ToWa 50010 Telephone: 232-411s 1. Legal description: (The legal description must be correct or the application cannot be processed. ) See attached sheet 2. Street address or boundary description: Northwest corner of 30th and Grand Aymip 3. Requested change: From To R-3 and PC 4. Proposed use(s): (Please refer to zoning ordinances for list of uses permitte• Miiltinlp hnueing; offiCa rpmMarsial and shopping cnmmarcial 5. The reasons for requesting this change: To properly utilize the land and to make the best use of its location consistent with surrounding property adinininn t�'tQ 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. 421 Z= 4"�J" g a ure of owner or ag t • Donald R. Payer, Attorney for Owners t a a 8 I O <. 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N- A M E E I O W A 315 si.Ih slleal ames 1t!�uou Q ,,� City of AMES, Iowa 50010 GINA BICKNESE AMES CITY CLERK (515) 232-6210 December 22, 1981 Donald R. Payer Payer, Steensland & Lathrop 537 Main Street Ames, Iowa 50010 Dear Mr. Payer: The Ames City Council has set January 5, 1981 , as the date of hearing on the proposed rezoning request for the northwest corner of 30th Street and Grand Avenue - Northern Enterprises (Northwood Plaza) . The hearing will be held in conjunction with the regular meeting of the Ames City Council to be held beginning at 7:30 p.m. in the Ames City Council Chambers at the corner of Main and Pearle Streets . Sincerely, I c 1 u-c Gina Bicknese Ames City Clerk GB/njg Combining .Education and Industry with Hospitality NOTICE OF HEARING You are hereby notified that the City Council of the City of Ames , Story County, Iowa, will meet at 7:30 p.m. , January 5, 1982, in the Council Chambers, Administration Building , to consider a proposed amendment to the Official Zoning Map of the City of Ames , Iowa , by changing the boundaries of the districts as shown on said map as provided in Section 29.6 ,of the Municipal Code of the City of Ames, Iowa, as follows : That the following described real estate, located at the northwest corner of 30th Street and Grand Avenue, is proposed to be rezoned from R-2 (Low-Density Residential ) to R-3 (Medium-Density Residential ) and P-C (Planned Commercial ) . Proposed for Planned-Commercial : (Approximately 18 acres) Commencing at SE Corner of Lots 7 & 8, North Park Subdivision 27-84N-24 West of the 5th P.M. , City of Ames , Iowa, which is point of beginning; thence North parallel to the West line of Grand Avenue 1215.15 feet; thence West 695.8 feet to the center line of the proposed North-South Street (unnamed) ; thence South parallel to Grand Avenue along center line of street 581 .75 feet; thence West 31 feet; thence South 633.40 feet parallel to Grand Avenue; thence East 726.8 to the point of beginning. Proposed for Medium-Density Residential : (Approximately 12.4 acres) Commencing at the SE Corner of Lots 7 & 8, North Park Subdivision 27-84N-24 West of the 5th P.M. , City of Ames, Iowa; thence North parallel to the West line of Grand Avenue 1215. 15 feet to the point of beginning; thence continuing North along the East property line approximately 446.30 feet to the NE Corner of the said property; thence West parallel to 30th Street 893.75 feet; thence South parallel to Grand Avenue, 210.0 feet to the middle of the proposed street; thence West along the center of the street 50.0 feet; thence South parallel to Grand Avenue 583.54 feet to the middle of the street; thence Southwest along the center of the proposed street to be known as Wheeler Street, a distance of 201 .24 feet; thence 120 feet due West to the East line of Glenview Heights Second Subdivision extended; thence South 115.0 feet along said West line; thence East parallel to 30th Street 563.4 feet to the centerline of the North-South street (unnamed) ; thence North 581 .75 feet along the East line of the proposed North-South street; thence East parallel to 30th Street 695.8 feet to the point of beginning. You are hereby notified that the ordinance incorporating such change is on file in the office of the City Clerk. Any interested person may appear for or aginst the proposed ordinance. 7 Gina Bicknese Ames City Clerk CITI IF Ills* 50010 51 5/232-6210 GINA BICKNESE AMES CITY CLERK December 22, 1981 TO WHOM IT MAY CONCERN: You are hereby notified that the City Council of the City of Ames, Iowa, will meet in the Council Chambers of the Administration Building at 7:30 p.m. on January 5, 1982, to consider a proposed ordinance zoning property located on the northwest corner of 30th Street and Grand Avenue from R-2 (Low-Density Residential ) to R-3 (Medium-Density Residential ) and P-C (Planned Commercial ). Your property is not under consideration for rezoning. However, since your property is within 200 feet of the tract proposed to be rezoned, you are invited to attend the Ames City Council meeting to express your opinions either for or against the proposed zoning. Sincerely, J wcx Gina Bicknese Ames City Clerk GB/njg NOTICE OF HEARING You are hereby notified that the City Council of the City of Ames, Story County, Iowa, will meet at 7:30 p.m. , January 5, 1982, in the Council Chambers, Administration Building, to consider a proposed amendment to the Official Zoning Map of the City of Ames, Iowa , by changing the boundaries of the districts as shown on said map as provided in Section 29.6 of the Municipal Code of the City of Ames, Iowa, as follows: That the following described real estate, located at the northwest corner of 30th Street and Grand Avenue, is proposed to be rezoned from R-2 (Low-Density Residential ) to R-3 (Medium-Density Residential ) and P-C (Planned Commercial ) . Proposed for Planned-Commercial : (Approximately 18 acres) Commencing at SE Corner of Lots 7 & 8, North Park Subdivision 27-84N-24 West of the 5th P.M. , City of Ames, Iowa, which is point of beginning; thence North parallel to the West line of Grand Avenue 1215.15 feet; thence West 695.8 feet to the center line of the proposed North-South Street (unnamed) ; thence South parallel to Grand Avenue along center line of street 581 .75 feet; thence West 31 feet; thence South 633.40 feet parallel to Grand Avenue; thence East 726.8 to the point of beginning. Proposed for Medium-Density Residential : (Approximately 12.4 acres) Commencing at the SE Corner of Lots 7 & 8, North Park Subdivision 27-84N-24 West of the 5th P.M. , City of Ames, Iowa; thence North parallel to the West line of Grand Avenue 1215.15 feet to the point of beginning; thence continuing North along the East property line approximately 446.30 feet to the NE Corner of the said property; thence West parallel to 30th Street 893.75 feet; thence South parallel to Grand Avenue, 210.0 feet to the middle of the proposed street; thence West along the center of the street 50.0 feet; thence South parallel to Grand Avenue 583.54 feet to the middle of the street; thence Southwest along the center of the proposed street to be known as Wheeler Street, a distance of 201 .24 feet; thence 120 feet due West to the East line of Glenview Heights Second Subdivision extended; thence South 115.0 feet along said West line; thence East parallel to 30th Street 563.4 feet to the centerline of the North-South street (unnamed) ; thence North 581 .75 feet along the East line of the proposed North-South street; thence East parallel to 30th Street 695.8 feet to the point of beginning. You are hereby notified that the ordinance incorporating such change is on file in the office of the City Clerk. Any interested person may appear for or aginst the proposed ordinance. Gina Bicknese Ames City Clerk t11y Wagner . 1f15 Garner Circle Ames, Iowa 50010 f' l3 William Cassabaum 1022 Tup-O-Hollow Robert R. Macken Ames. Iowa 50010 3013 Grove Ames, Iowa 50010 i.stelle Hunziker 1-100 Top-O-Hollow Mrs. Anne K. Buck Ames, Iowa 50010 217 22nd Street Ames, Iowa 50010 c/o 1 l06`rop 0` -11011 w Superintendent of Schools Ames; "Tiiw:i'S6010 Ames Community School District �lD(o Tom_ 120 South Kellogg Ames, Iowa 50010 Roger Stolley North Grand Mall Ames, Iowa 50010 Edward Shevokas 1111 Garner Circle Ames, Iowa 50010 Larry Wolters Richard Kunkel Jerelyn Swenson III Grove 1102 Top-O-Hollow • 802 Top-O-Hollow Ames, Iowa 50010 illy Ames, Iowa 50010 Ames, bwa 50010 ClarMichael Land Jacob Sherman 3109 Gronceve K. Rohovit c/o 1026 Top-O-Hollow 800 Top-O-Hollow Ales Grove Ames, Iowa 50010 Ames, Iowa 50010 Ames, Iowa 50010 Jay Mathews G Gary Eckroad 1012 Tot-O-Hollow 3017 Greve 1 704 Top-(1-Hollow Ames, Iowa 50010 Ames, Iowa 50010 Ames, Iowa 50010 Corry Gebelstettt Gregory Nelson 908 Top-O-Hollow 702 Top-O-Hollow Amos, Iowa 50010 Nneh, Iowa 50010 ✓ Robert Turbott John Johannes 906 Top-O-Ilollow 700 Top-O-Hollow AP Ames, Iowa 50010 Amess, Iowa 50010 Gerald Schulty Murrel Joy 904 Top-O-llollow 3514 Gran) Ames, Iowa 50010 Ames, Iowa 50010 Paul Derby North Grand Care Center 902 Top-O-Hollow 3440 Grand Ames, Iowa 50010 Ames, Iowa 50010 Jerald Brown Dean Hunziker 900 Top-O-Hollow 803 24th Street Ames, Iowa 50010 Ames, Iowa 50010 ,ferry Jenison Stanley VanVoorhis 808 Top-O-Hollow 813 Carroll Ames, Iowa 50010 Ames, Iowa 50010 William Ross Carter Strand 806 'pop-O-Hollow 3132 Northwood Ames, Iowa 50010 Ames, Iowa 50010 Bob Jenson 804 Top-O-Hollow Ames, Iowa 50010 William Summers 919 30th Street'�Ghurrh ck- 1111 Garner Circl es, Iowa 50010 C hri5't Ames, Iowa 500100 � Ilunziker 6 Furman Richard Lang 803 24th Street 1107 Garner Circle Ames, Iowa 50010 Ames, Iowa 50010 William White Richard Carter 1112 WhrVler 3316 Garner Ave. Ames, Iowa 50010 Ames, Iowa 50010 Jim Magden 1106 Whot—ler 3322 Jefferson Circle Amv ;, Iowa 50010 Ames, Iowa 50010 K Larry Muller 1102 Wheeler 3328 Jefferson Circle Ameo, Iowa 50010 Ames, Iowa 50010 David Beers James Little 1113 Wheeler 3330 Jefferson Circle Ames, Iowa 50010 Ames, Iowa 50010 Eric Eucher k✓#VIU P 1107 Wheeler 3336 Jefferson Circle Ames, Iowa 50010 Ames, Iowa 50010 Gill Rossmiller Kent Mogard 1103 Wheeler 3321 Jefferson Circle Ames, Iowa 50010 Ames, Iowa 50010 9 Mr. or Mrs. Hunnager Darrell Spear 1110 Garner Circle 3329 Jefferson Circle w� Ames, Iowa 50010 Ames, Iowa 50010 Wolodymr Madych 1114 Garner Circle Ames, Iowa 50010 30 Michael Kenealy 1116 Garner Circle Ames, lowa 50010 ode cn 0 E C) (D (D 00 --S O 0 CD :E O 0- S-u I (D CD J CD CD:E CD C) ry ry 1- o6 4:7 LAW OFFICES PAYER, STEENSLAND & LATHROP DONALD R.PAYER 537 MAIN STREET P.O. BOX 592 GREG W.STEENSLAND AMES, IOWA 50010 AREA CODE 515 VICTOR G.LATHROP TELEPHONE 232-4I15 December 29, 1981 F" -7'D Mr. John Elwell CITY(-' City Manager CMCF E,, City of Ames Ames, IA 50010 Dear John: ,DEC, RE: Northwood Plaza As you know, the above matter is coming up for hearing before the city council next Tuesday. I have certain enclosures which I would appreciate if you would route to each council member prior to the meeting, along with the other agenda items. These enclosures are as follows: 1 . Letter from Ames Congregations Concerned concerning the use of 2.43 acres of the proposed area for elderly housing. 2. Letter from Friedrich Realty whom we employed to make a survey of available retail space in Ames which can presently be rented. 3. Letter from Union Story Trust and Savings Bank concerning their feeling toward the proposed rezoning. 4. Letters from Sears, Younkers, North Grand Chiropractic and J. C. Penney, all who are present tenants of North Grand Mall , concerning their complete approval of the expansion and rezoning of the proposed area. 5. Information prepared by Norm Rudi , architect, concerning size, proposed tax base, etc. 6. Highlights of a market survey made by Quantitative Market Research and Evaluation, Ames , Iowa. This survey was made at our request and was completed in February 1980, and it was brought before the council on April 15, 1980, when this matter was last considered. We are enclosing this because we think it is important to know the results of the market survey. We also will have a letter from Jack Hodgson who is the executive secretary of the Economic Development Commission which we will present to the council the night of the meeting. Unfortunately, we cannot enclose that letter because Mr. Hodgson is out of town and will not be back until Monday. We recognize that the council has time limitations on the night of the meeting and that the council is already aware of much of what has transpired in the past. Therefore, we are using this method of minimizing the time it would take Mr. John Elwell City Manager Page 2 December 29, 1981 and will try to make our presentation as concise and short as possible. However, I know that you and the council will understand that the shortness of the presentation has nothing to do with its importance and that we are only doing this in order to expedite the presentation. Thank you for your cooperation. Yours very truly, PAYER, TEENSLAND & L T By; ADonal,"� R. Payer lls Encl . AMES CONGREGATIONS CONCERNED For Low-Cost Housing For Elderly and Handicapped November 249 1981 Planning and Zoning Commission City of Ames Ames, Iowa 50010 Dear Friends: For the past year an ecumenical committee concerned with low-cost housing for the Elderly and Handicapped in Ames has sought property and financing for such a project. The facility must be either downtown or near a shopping center. At present a parcel of ground near the North Grand Shopping Center has by its owners been set aside for us. It consists of a section 2.43 acres in size directly north of the North Grand Church of Christ. It would be made available to us, should we choose it, at a cost consistent with HUD guidelines. It would be helpful to the committee if the property in that area were zoned so as .to allow such construction. 6cre3,ve , Chai an of Firs Christian Church Earl Hammond First Baptist Church Arthur J. Taylor First Christian Church Harvey Burkholder Collegiate Presbyterian Church Rev. James S. Clinefelter Rev. Lester L. Moore Collegiate United Methodist Church Darlene Prange Bethesda Lutheran Church Donald R. Payer Episcopal Parish of Ames Lloyd Eilts First United Methodist Church Joan Dubberke Lord of Life Lutheran Church Rev. Richard W. Engstrom St. Cecilia Catholic Church Fr. Pat Geary St. Thomas Aquinas Catholic Church Tom Greiner United Church of Christ-Congregational Fern Parrish University Baptist Church Verna Lou Townsend Northminster Presbyterian Church [PRO RUCH D [oil COMPLETE BUILDING AND REAL ESTATE SERVICES• SIXTH AND DUFF AVE.•P.O. BOX 725 • AMES, IOWA 50010 • 515/232-6175 December 1, 1981 Northern Enterprizes, Inc. c/oDonald Payer 537 Main Street Ames, Iowa 50010 Dear Sir: RE: Retail market survey This is to certify that I have done a survey, as you requested during the month of November 1981, .on the availability of vacant space in the commercial/retail shopping. districts in the city of Ames. Data for this survey was obtained by means of direct communi- cation with store owners and managers, local businessmen and infor- mation received from the Ames Chamber of Commerce office. The areas surveyed include: The central downtown business district, campustown, North Grand Mall, Lincoln Center, West Lincoln Way (K-Mart), and South Duff (old Ward Plaza area) . My findings were as follows: At the present time there are no vacancies in campustown, North Grand Mall, Lincoln Center, West Lincoln Way and South Duff areas. Only three vacancies exist downtown: The Nims Cycle Shop at 411 Kellogg across from old city. hall, the Rosa's Cantina space in Sheldon Munn Hotel, and the Sambo's restaurant building which was recently closed at 415 Lincoln Way. A vacancy may occur at 207 South Duff when Hy-Vee Foods opens their new grocery store at the Ward Plaza building around February 1, 1982. I am not aware of any other vacancies in the designated areas that have potential for retail use at this time. Sincerely, FRIED H REALTY inhard K. r edrrich Realtor gh Union Story Trust & Savings Bank Box 450 Ames, Iowa 50010 Phone 515/232-8200 Offices at DON KEARNEY Noah Grand Plaza Prcaidmi West Ames Gilbert, Iowa November 24, 1981 , TO WHOM IT MAY CONCERN: RE: .Northwood Plaza, Ames, Iowa This bank is In agreement that the property known as Northwood Plaza be rezoned as recommended and that such rezoning Is In the best interest of the community. Economic growth has slowed considerably in the past several years and Ames needs the stimulation that this development would provide. The monopoly of the business zoning as it now exist in North Ames is un- desirable in our estimation. The zoning as recommended by the developers will enhance Ames, both the business community and .the citizens. Respectfully yours, Don Kearney President and Chai man of the Board eyc RECEiVE® NOV '3 0 1,081 1 PAYER, Si EEE'��Li? it�& LATHROP LAIN OFFICES "'One Hundred Years Strom" To Whom it may concern: The addition of retail selling space adjacent to the North Grand Mall would be both benefical to Ames area consumers and retailers alike. Competition is the lifeblood of a strong retailing community. North Grand Merchants would benefit from any North Ames space addition , whether it involves retail competition , liesure services, general - offices, or industry. Je y eenan North Grand Shopping Center Ames, Iowa 50011 To whom it may concern: It has been brought to my attention that there is a concern that a proposed shopping area north of North Grand Mall might have an adverse effect ox the businesses in the mall. I can not talk for all businesses at the mall, but I can speak for mine- As the manager of Younkers in North Grand Mall,. I feel that it would in reality be an asset to the mallts business. It would help us attract more out of town business that might go to , Des Moines because of a greater selection of places to shop. With more businesses to choose from, the more people you will get shopping in Ames. I also feel that it would be a very beneficial asset to .the community. It would help add to the tax base, -create jobs for the construction and in. the businesses when they open. The businesses would also be a large user of electricity and a minimal user of water.. In conclusion I would just like to restate my opinion that it would be very good for Ames and North Grand Mall. Sincerely, Alan Kennedy Manager of Younkers North Grand Mall NORTH GRAND CHIROPRACTIC CLINIP L. Z. LINDEMANN, D.C.,P.C. 803-24TH STREET AMES,IOWA 30010 DIPLOMATE,AMERICAN HOARD TELEPHONE OF CHIROPRACTIC ORTHOPEDISTS (315)233-1709 Nov. 24, 1981 Grand Centers Ltd. 803 24th Street Ames, Iowa 50010 y "G Re: OFfice z aceNolrr6LPA iva Dear Sirs, �s As you know, we are in need of more office space. I was pleased to know more office space might become available in this area. Now that the proposal is being considered, we are very hoperul that the growth needs of the community will be met by the city council's allowing the project. In the event you are allowed to build in this area, I want you to know I would like to negotiate a lease for 1800 to 2400 square feet. Best personal regards. Sincerely, OB. A. 1 'lemann, D. C. . C. O. LZL/jS JCPenney Ames, Iowa 50010 Nov. 29, 1981 Mr. E. A. Hunsiker H & F Realtors, Inc. 803 24th St, Ames, Iowa .50010 Dear Erb: Recently we talked about the potential development of the acreage ,across 30th street from the North Grand Mall. As I mentioned to you, it seems a shame that something has not been planned for this area that would compliment the existing businesses here at the Mall. I'm not interested in seeing a duplicate to North Grand Mall erected, and I'm sure that is your feeling too. I am, however, hoping that a properly planned development will become :nd reality soon. Additional development produces additional traffic all firma in our area should benefit from this. I' ll be watching with interest any upcoming plans for, this area. S)incey W. Jeinechmidt, Mgr. nney Co. Inc. and Shopping Center Ames, Iowa 50010 NORTHWOOD PLAZA SUMMARY OF INFORMATION COMPARED TO CITY REPORT R-2 196,800 SQ. FT. 4.51 ACRES D.U. Generated 4.51 x 3 = 13.53 units Persons 13.53 x 2.45 per/res. = 34 persons Tax Base 196,800 sq. ft. x .15 P.S.F. _ $29,520.00 tax R-3 105,824 SQ. FT. 2.42 ACRES D.U. 22 U/A x 2.42 acres = 53.24 units Persons 53.24 units x 2.1 per/res. = 111 persons Tax Base 105,824 sq. ft. x .356 P.S.F. = $37,673.34 tax R-32 103,500 SQ. FT. 2.37 ACRES D.U. 22 U/A x 2.37 acres = 52.14 units Persons 52.14 units x 2.1 per/res. = 109 persons Tax Base 103,500 sq. ft. x .356 P.S. F. = $36,846.00 tax R-33 332,600 SQ. FT. 7.63 ACRES D.U. 22 U/A x 7.63 = 167.86 units Persons 167.86 units x 2.1 per/res. = 352 persons Tax Base 332,600 sq. ft. x .356 P.S.F. = $118,405.60 tax R-3 SUMMARY 541 ,924 SQ. FT. 12.4 ACRES D.U. 22 U/A = 273.24 units Persons = 572 Persons Tax Base = $192,924.94 J.,70ATEARCHITECTS RUDI/ LEE/DREYER 315 sixth smss Iowa APAMP IO�N� E aid-232-BM PC1. 422,100 SQ. FT. 9.69 ACRES Persons - 0 Tax Base 422,100 sq. ft. x .413 = $174,327.30 PC 214,400 SQ. FT. 4.92 ACRES Persons - 0 Tax Base 214,400 sq. ft. x � 413 $88,547.20 PC Office147,400 SQ. FT. 3.38 ACRES Persons - 0 Tax Base 147,400 sq. ft. x .413 = $60,876.20 SUMMARY PC 783,900 SQ. FT. 17.99 ACRES_ Persons - 0 Tax Base = $ 323,750.70 SUMMARY SQ. FT. ACRES DU PEOPLE TAX BASE R-2 196,800 4.51 13.53 34 $ 29,520.00 R-3 541 ,924 12.40 273.24 572 $192,924.94 PC 783,900 17.99 0 0 $323,750.70 Roads 233,040 5.34 0 0 0.00 TOTAL 1 ,755,664 40.24 286.77 606 $546,195.64 DATE ARCHITECTS -tAomTkAWOOD Pl-.A.Z-� a�a� RUDI/ LEE/DREYER c [� p 2 315 sixth amas Iowa J (OWA 3 51s�2�-d600 FIGURES FROM REPORT - SUPPORT DATA TAX BASE R-2 SINGLE FAMILY DETACHED (Example 12A - S.F.D. 3 DU/A) Road Use $ 2,623.95 Liquor Profit 553.89 Property Tax 75,611.09 TOTAL TAX REVENUE $ 78,791.93 Per Acre $78,791 .93 = 12 = $ 6,565.99/Acre Per S.F. 6,565.99 43560 = $ .15 PSF R-3 MEDIUM DENSITY (Example 25A - M.D. 22DU/A) Road Use $ 34,361 .65 Liquor Profits 7,253.40 Property Tax 346,550.82 TOTAL TAX REVENUE $388,165.87, Per Acre $338,165.87 : 25 _. $ 15,526.64/Acre Per S.F. 15,526.64 = 43560 = $ .356 PSF COMMERCIAL (Example 37A - 400,000 SF) Property Tax $ 666,097.68 Per Acre $666,097.68 : 37 = $ 18,002.64/Acre Per S. F. 18,002.64 - 43,560 = $ .413 PSF a►TE ARCHITECTS, �1C P�VOD{� 'P�.AZ.. axr61 RUDI/ LEE/DREYER CP 3 315 sixth amss Iowa A-mew tcvWA - 3 sts�as-asoo MARKET SURVEY INTRODUCINNI The following report presents the results of a survey conducted at the North Grand Shopping Mall located in Ames, Iowa on Saturday, February 16, 1980 and Sunday, February 17, 1980. Patrons of the mall were asked to respond to a 17 item questionnaire in order to gain information as to: 1. Personal characteristics of North Grand Mall shoppers. 2. Satisfaction of North Grand Mall shoppers to existing mall services. 3. Feelings North Grand Mall shoppers have toward possible expan- sion of services in the North Grand Mall area. Additional information concerned with the retail buying power for the market area servicing the North Grand Mall is .also presented. ,This report was done to assess the need for possible expansion of facilities in the North Grand Mall area and evaluate the ability of the market area servicing North Grand Mall to support such an expansion. The Northwood Plaza Shopping Center has already been proposed and a section of this report describes this facility and its location. All of the following information was collected or compiled by Quantitative Market Research and Evaluation, Ames, Iowa for Hunziker and Furman, Inc. ' HIGHLIGHTS MARKET SURVEY FOR NORTHWOOD PLAZA 1) The sample seems very representative when compared to census data demographics for Story County. 2) The average shopper at North Grand Mall is between the .ages of. 18 and 30. 3) Seventy-three percent of the patrons who shop at North Grand Mall shop at least once every two weeks. 4) Sixty-eight percent of the shoppers travel ld miles or less to shop at North Grand Mall. 5) Sixty-five percent of the shoppers come from a household with three or _less members. 6) Patrons generally agree that North Grand Mall provides the services they need as a shopper. 7) Patrons generally feel that North Grand Mall does not provide a sufficient number of stores to allow for selective shopping. •ti 8) Patrons generally feel that if more stores were added in the North Grand Mall area, shoppers would benefit through increased competition between stores and through resulting expanded, services. 9) Patrons generally find it necessary to travel to other shopping malls or downtown Ames to purchase goods or services after first shopping at North Grand Mall. 10) Patrons generally favo the construction of additional shopping fa`Ctlities at the expense of residential building. 11). Patrons generally feel that the North end of Ames offers comparable consumer services as offered in other parts of Ames. -3- 12) Patrons generally feel that the North Grand Mall area lacks sufficient recreational and entertainment opportunities. 13) A high percentage of patrons feel that the zoning regulations should be made more flexible to allow for the development of carefully planned commercial expansion. .f DEC 2 Box 30 Ames, Iowa 50010 December 22, 1981 Mayor and City Council City Hall Ames, Iowa 50010 Dear Mayor Goodland and Council Members: I am writing in support of the ideas and concerns expressed by Erb Hunziker as set forth in H. Thomas Potters ' article which appeared in the Ames Daily Tribune on December 12, 1981. I believe that Erb Hunziker and Don Furman, and their firm, Hunziker & Furman, have contributed a great deal to this community over the last 30 years. I believe they have been fair, considerate and cooperative in all of their activities. I wish to call your attention to the low income, subsidized housing development on East Seventh Street; low income, sub- sidized rental housing at Lincoln Way and Sheldon and subsidized housing for the elderly in North Ames. I am not aware that any other person or firm has been willing to undertake the compli- cated requirements of the Federal Government so as to make these projects available to the City of Ames and to its citizens. All too frequently, as I believe has happened in Erb Hunziker ' s case of trying to rezone a 40-acre tract of land north of North Grand Mall, the person seeking to initiate a project or under- take a development inquires of the City officials as to what is necessary to obtain the necessary City approval. He acts upon the information given him and presents it. Additional requests are then made by the City or its officials and he continues to comply. He attends several public meetings only to find that his request or petition is tabled for additional information. On some occasions he is ultimately asked for information that is so complicated that it is impossible to comply. After months of delay and wrangling, the Petitioner desperately pleads for a decision; and his plea is answered with "Petition denied. " The Petitioner is exhausted and frustrated and, on occasion, feels that because of various statements made, that the decision rests not on the merits of the petition, but on personalities. 2 - I also wish to comment upon the development of the various "neighborhood associations. " This concept is based upon the noble and democratic premise of the citizens of the community involving themselves in the affairs of their community and in City Government. It seems to me, however, that these organiza- tions are potentially turning the City into a battle ground. They appear to accomplish heated confrontations by neighbors against neighbors and neighborhood organizations against neighborhood organizations. I am confident that this result is not intended. It appears that when any project is proposed within a neighborhood, the neighborhood association marshals its members to telephone the appropriate City officials, board members and council members and make certain that a large number of their body attends any meeting or hearing to be held on the proposal. The neighborhood association is, understandably, very vocal in their position and it is clearly and forcefully made. It appears to me that it is difficult for the decision makers to withstand the "clout" of the neighborhood association and to make a decision based upon the interest of the community at large. It appears to me that there has also been another development within the City of Ames that is having adverse affects and that is an attitude in supporting activities of Iowa State University and its attendant associations to the exclusion of private business interests. This community has always had some problems, as does any college community, with the "Town and Gown" dichotomy. In my opinion, the dichotomy became very apparent a few years ago when the University decided to get involved in land development affairs in Ames. I refer to the Gateway Center and to the Gateway Hills developments. Both of these projects involved the University in a business endeavor, rather than educational activities. To accomplish their goals, the University became competitive. I believe that as a direct result of this development, the Starlight Village project was set back at least three or four years and the Hilton Inn project on South 16th Street was abandoned. Have there been any major commercial or business-oriented activities which have come to Ames since Gateway Center and Gateway Hills? Consider, in this respect, the Planning and Zoning Commission' s refusal to approve Erb Hunziker' s request for rezoning of the tracts north of North Grand Mall, the problems with the driveway entrance from Pyle Office Park, the rejection of a ball-bearing plant and a gravel pit operation south of Ames. In addressing Erb Hunziker' s expressed frustrations with the Planning and Zoning Commission, Councilman Hammer said: - 3 - "I don' t think the Commission understands your difficulties. They probably don't think they're being abusive. " Well, Councilman Hammer, I think you are right. But aren' t we all guilty of this failure to understand? In closing, permit me to say that I have previously expressed these views to some of you and to some of your predecessors. Many of you have apparently agreed with me, but the problem remains. If this letter seems unduly abrasive, forgive me, but little seems to have been done in the past to resolve the problems that concern me. I share Erb Hunziker ' s frustrations. What can be done to help? Thank you for your attention. Sincerely, I). R. 1 (Pqc-) D. R. Newbrough DRN/pgc pc; Mr, Erben A. Hunz,Aker City of AMES, Iowa Admin. Bldg. 50010 Main & Pearle F. PAUL GOODLAND (515) 232-6210 Mayor December 30, 1981 D. R. Newbrough Box 30 Ames , Iowa 50010 Dear Mr. Newbrough: Thank you for your letter of December 22 relating to Erb Hunziker's concerns. I have arranged to have your letter copied and mailed to the City Council in their December 31 packets. esp tfull , 1 F. Paul Goodland Mayor, City of Ames FPG/njg Combining Education and Industry with Hospitality Economic Development Commission Ames / Story County JeAir! . 0 jdw;on 11019 1EAst Uncb1n Wav (515) 232-03X Remarks Planning and Zoning Commission f December 2; 1931 My, name is Jack Hodson, and I live at 2014 Greeley Street here in Ames. In addition, I serve as Executive Vice President of the Economic Development Commission of Ames/Story County. I appreciate the opportunity to be here this evening, voicing ny support for plans to develop the 40 plus acres in the parcel of land located at the northwest corner of 30th Street and Grand Avenue. ; Act yity of this type would be beneficial to the city of Ames and the city's residents for a variety of reasons. Substantial moneys would be made available t t to 'the. city' through the generation of additional taxes. Studies have shown tha°t; depending upon the final site usage configuration, taxes would range anywhere from $467,000 to $666,000 per year. Neither of these amounts is insubstantial , and in a time of diminishing Federal assistance, is money which the city of Ames would welcome. In addition, development activity of this type would be seen by outsiders as an example of the commitment which the city and community are prepared to make to expand the commercial/retail sector. As bne who works on a daily basis with companies and individuals throughout j the' country, li can assure you that this type of expansion would. make Ames a MOre attractive place for businesses of all types. Even those which would be Unlikely to locate on a site of this type would be impressed with a community, wh#ch' was committed to the sort of planned growth this represents. Those fi tans and others might well be impressed enough to give more serious i - p g g ou cons dera t1on to Ames , as the location for operations of one type or another. �M�y ' i, Antes is fortunate in many regards. It is a desirable place to live and to f, work'; Retail/commercial centers are found throughout the community, and while . , Yr};ti> each has its own characteristics, influenced in most cases by location, each still able to draw shoppers from throughout the city at large. Additional retail/commercial development on the site in question should not impact nega- tavely on other areas. On the contrary, it could well result in some real r' i; ben+fit for,c©mpeting centers. Additional shoppers would be drawn to the Ams;, trading area from outlying towns and rural areas. Once in town, they ctle�3d vreT shop community wide. Additional jobs would be created in the 1, sales ;and.service segments of the economy, the payrolls from which +�?r�uld disperse widely.. ;Additional commercial space could help attract out of fo'wh business and industry,, bringing with it jobs, payroll , employees and all isB represent. ] I cannot overstate strongly enough the desirability of a _+' co0ity having options to present to interested outsiders. Development s�hieat is well thought out and planned, as this appears to be, would substan- ` , Bally increase the options which Ames has to offer and increase the attrac- . ssW the community to business and industry. far your time *� yj (I City of Ames M E M O R A N D U M TO : Mayor and Council FROM: Council Member Georgene Shank DATEi January 8, 1982 SUBJECTS Northwood Plaza I ask Council to consider giving direction to the Northern Enter- prise developers, as well as to Planning and Zoning, as to what the proposed PUD should be to satisfy the City' s perception of what will be the best development of the prime 40 acre parcel for the City of Ames as a whole. One developer, for example, was forced by the citizens protesting the development, the Planning and Zoning Commission and the City Council to refine plans over a two year period. This is unrea- sonable. It is reasonable to expect the best development possible and to state what we feel is needed to accomplish that development, but it is also reasonable, in my view, to make our criteria known at once and not in piecemeal fashion. We must have mutual candor and good faith. For example: I would like to see the entire 40 acre parcel brought in as a PC. Multi-story construction that includes commercial and resi- dential units in a building, with parking under the buildings ; eliminating large paved areas . Townhouses acting as a buffer to existing residences. A plan that would concentrate densities and allow for green areas, both for aesthetic reasons and to cope with water run- off problems. Also, I would recommend that the Energy Committee work with the developers, Planning and Zoning and Council to advise on what can be done in planning of the PUD to maximize energy efficiency both for the development and the City. Page 2 Council Member Shank January 8, 1982 I still believe development of this parcel is premature. That we have foreclosed possibilities of full development of exist- ing commercial areas under Urban Revitalization by rezoning the area now. However, since Council has made the commitment, it is incumbent on us to see that the land is developed to its maximum potential, and not to allow it to be wasted in low level strip commercial use, with spread out low density residential use. cc: Planning and zoning Northern Enterprise bcrr. o�1vn G�✓lMJrvvq�n. Gyre 1 *Abut-sarg Tattitnitte? to Tongressman Dam Markin 3A.*. Rouse of Representatives 2411 ibUburn Iguilbing ttnlling#an, B.T. 28515 om: -+0 THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS GZAA"O � o / l`r *Abutoorg Tommi#ur to Tongressman 0um Markin R.*. Houst of Riepresentatives 2411 Ktghurn Nuilbing ttnl�ingtvn, U.T. Z0515 if rIIm: Abbress: dc V L) THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS z{ r { LAW OFFICES PAYER, STEENSLAND & LATHROP DONALD R.PAYER 537 MAIN STREET P.O.BOX 592 GREG W.STEENSLAND AMES, IOWA 50010 AREA CODE SIB VICTOR G.LATHROP TELEPHONE 232-4115 January 11, 1982 FLED CITY CLERK ICY OF ANTES.IOWA Mayor Paul Goodland -and- City CounciliAN City of Ames City of Ames 1 Z Ames, Iowa 50010 Ames, Iowa 50010 Dear Mayor and Council Members : RE: Northwood Plaza At the recent Council meeting held on January 5, 1982, certain concerns were raised by neighbors about the development of Northwood Plaza in relation to the R-33 on the North end of Northwood Plaza. The concerns of the adjoining neighbors was that this would possibly be used for large residential development and could restrict their visual sight from their residential lots. At that meeting we indicated to the City Council that the owners of this property would formally petition the City Council and state by letter that this area designated as R-33 on the plat of Northwood Plaza would be a Planned Unit Development (PUD) . In other words , this letter is to serve as assurance to the City Council and make a formal committment by the owners that the area as outlined in red on the attached Northwood Plaza Plat identified as Schedule "A" would be a Planned Unit Development, and at such time as the actual plat is filed with the City Council and with the City Planning Commission, it will come in as a Planned Unit Development. In this way the City Council and the adjoining neighbors will be assured that they will have imput into the type of buildings and how they will look on that particular location. We are sending a copy of this to the Planning and Zoning Commission and would also be happy to make the same available to any neighbors who might like to have a copy of the same. Thank you. Yuvery tr n d yer kdt Enclosure cc : Planning & Zoning Commission VZ,Vld . OAAHlmUO � a,,,kiV �8AON •pauoz a. JNINOZ38 03SOdOdd aq oq uaau papaws apisuz Vaz) OOS TazazammoD pauuaTd HIHO'N s-4uam:ljudy XITsuaa moq E-Z � I^ xaTdnQ .zo ATZma3 aTSuzS Z-2 \vW/ XITulud aTSUT S 1-1 I H31N30 JNIddOHS aNV80 HIHON ir_al � g_O 3nv 11 6Na3�": 133HIS 410£ Z HOanHO I m I D m I I z Z �d o — I — n o _a I { LAW OFFICES PAYER, STEENSLAND & LATHROOr'y WA OONALO R.PATER 537 MAIN STR[[T F.O.SO% Sft OREO W.STCENSLAND AMES,IOWA 50010 AREA COO[ 918 VICTOR O.LATHROP January 11, 1982 T[L[PMON[=3=-4II5. ,JAN Z 0 1982 Mr. Larry Curtis -and- Mr. Charles Hammer Attorney at Law 1222 Scholl Road 2330 Lincolnway Ames, Iowa 50010 Ames, Iowa 50010 Dear Larry. & .Charlie: RE: Northwood Plaza After the last Council meeting concerning the plaza, we have prepared a list of "impermissible" uses under the provisions of 529. 24 P-C. We have prepared the enclosed with the thought that perhaps the two of you could take e look at this and see if this would at least meet part of your objections concerning those uses which should not be allowed in the P-C area. The ones that we are proposing are as follows, which would be excluded uses: 1. Warehouse 2. Mini-warehouse 3. Manufacturing or Industrial 4. Junkyard 5. Nursing or Convalescent Home 6. Tractor or Truck Implement Store 7. New or Used Car/Auto Sales 8. Farm Machinery or Heavy Equipment Sales 9. Motorcycle Sales I have reviewed the ordinances relating to various uses and have found that the above would be satisfactory to us and would not be conducive to being used in the area of Northwood Plaza. I would appreciate it if you could go over this list and advise us as to whether this list would satisfy you or if you have any other objections . We do plan to meet with the Planning and Zoning Commission at their meeting on January 20, 1982, and would hope .to be able to-have your suggestions prior to that date. We also plan to appear before the Council on January 19, 1982, to give a status report and to advise the Council that we have complied with a request that the R-3 area be developed as a Mr . Larry Curtis Mr. Charles Hammer January 11, 1982 Page Two planned unit development. We are in the process of filing the necessary papers to accomplish this and would hope that the Council might look favorably on passing the second reading at their next Council meeting on January 19 , as we have otherwise complied with your concerns . Thank you. You s very trul , Donald R. Payer kdt CC: Don Furman Norm Rudi "RRY R. CURTIS ATTORNEY AT LAW LAW OFFICLS OF JOHN S. MURRAY LARRY R. CURTIS TIMOTHY J. RINN fti �►.O.W1 I lii January 18, 1982 PION{291.1309 - r AM[f,IOWA i0010 ! v4 p 1�c,2 Mr. Roy Zingg (JAN 503 Ash _ Ames, IA 50010 +^ Re: Northwood Plaza--impermissible uses Dear Roy: Enclosed please find a letter from Don Payer concerning the list they have prepared to be considered as impermissible uses under the P-C area now known as Northwood Plaza. I have no quams with that specific list; I would also like to have added my particular impermissible use to be considered and adopted as the impermissible use list. The impermissible use that I would like to see included on the list would state no retail stores using less than 5,000 square feet of single floor area. The intent of having this as an impermissible use is to encourage the use of the particu- lar area in a concentrated large retail or commercial applica- tion. I do not desire to have the area in question carved into small, under 5, 000 square feet, retail shops which would be in conflict with the typical type space available in the downtown commercial district. Your consideration of this request will be greatly appreciated. Very truly yours, MURRAY, CURTIS & FINN Larry R. Curtis LRC/gaw cc: Charles Hammer Donald Payer Ronald Wooldridge c i-2�-sz COUNCIL ACTION FORM q4_ NO: January 26, 1982 SUBJECT: Impermissible Uses - 30th and Grand BACKGROUND: City Council at its meeting on January 19, 1982, passed the rezoning of Northwood on its second reading. Third reading and adoption will be on the Council agenda January 26, 1982. It was stated that before adoption, it would be necessary to have a list of impermissible uses included for the P-C areas. What follows is the Planning and Zoning Commission's recommendation for impermissible uses for (1) P-C - Tract 5 bounded by 30th Street on the south and "Northwood" on the north, and (2) P-C Tract 6 immediately north of "Northwood." Tract 5. This tract is designated for the full array of retail product and service establishments and dwellings compatible within an intensely developed suburban commercial setting. �eKc,��nc�.�hq C�ASn��v�e 6�G��onS� Impermissible uses in such a setting include: Vehicle sales Gnu sery ce hotel/motel; warehousing; tractor/truck implement sales; farm machinery or heavy equipment sales; any use similar to the above. �co.,ver�ev��e. S�erG Tract 6. This tract is designated for professional and business offices, dwellings and limited supportive and ancillary activities located within the main building(s) . Impermissible uses include: Vehicle sales and service; grocery, fruit or vegetable store; hotel/motel; convenience store; warehousing; tractor/ truck implement sales; farm machinery or heavy equipment sales; any use similar to the above. ALTERNATIVES: Any variety of other impermissible uses. CITY MANAGER'S RECOMMENDED ACTION: To approve the recommendation of the Planning and Zoning Commission. CU/L LAW OFFICES PAYER, STEENSLAND & LATHROP DONALD R.PAYER 537 MAIN STREET P.O. BOX 592 GREG W.STEENSLAND AMES,IOWA 50010 AREA CODE 515 VICTOR G.LATHROP ' January 22, 1982 TELEPHONE 232-4115 C; orry r'q Mayor Paul Goodland and City Council City of Ame ;+IAN 2 19 Ames , Iowa 50010 2 8� Dear Mayor and Council Members : RE: Northwood Plaza 1. Intended Uses . Mr. Hammer has requested the owners of Northwood Plaza to state "the intended uses of the land" as provided in Section 29 . 24. As you know, we do not have any definite knowledge of the exact type of uses that will be placed in the PC District. This will .not be known until the Tenants have been secured, and we subsequently come back for a building permit; however, we will try to outline generally what the intended uses will be: A. Large and small retail stores B. Gasoline service station and car wash C. Financial institution D. Restaurant and/or drive-in eating establishment E. Barber and beauty shops F. Drug store G. Professional and business offices H. Dwellings and residential uses I . Grocery store J. Home improvement store and/or nursery K. Enclosed recreation facilities L. Other similar retail and service establishments 2. Impermissible Uses . A. We have also met in a lengthy meeting with Planning and Zoning Commission on Tuesday, January 19, 1982 . We first met that Mayor Paul Goodland and City Council January 22, 1982 - re: Northwood Plaza Page Two afternoon with the planning staff to see if we could arrive at a suitable compromise. We feel that the recommendation of the staff on "impermissible uses" was a suitable and satisfactory settlement to the question of "impermissible uses". We specifically join in and request the Council to approve this staff recommendation as follows : Tract 5. This tract is designed for the full array of retail product and service establishments and dwellings compatible within an intensely developed suburban commercial setting. Impermissible uses in such a setting include: Warehousing; tractor/truck implement sales; new/used auto sales; farm machinery or heavy equipment sales; any use similar to the above. Tract 6. This tract is designated for professional and business offices, dwellings and limited supportive and ancillary activities located within the main building(s) . Impermissible uses include: Gasoline service station; grocery, fruit or vegetable store; hotel/motel; warehousing; tractor/truck implement sales; new/used auto sales ; farm machinery or heavy equipment sales ; any uses similar to the above. B. The Planning and Zoning Commission basically adopted the above staff recommendation but added the following "impermissible uses" . 1. No vehicular sales or service (thus, no gas station, ' car wash, etc. ) 2. No hotel/motel. We have no objection to this. 3. We feel a second gas station is needed. There is only one station to serve all areas North of 13th Street and no car wash North of downtown. The only service station presently charges $1,37 a gallon regular and $1.41 for unleaded. You can draw your own conclusion based on gas charges else where, but competition would seem to be needed in this area. C. 5, 000 square feet minimum. We feel the proposal of Larry Curtis restricting all retail to a minimum of 5, 000 square feet would be extremely burdensome and probably would defeat , the future of any commercial in this area. The Planning & Zoning Commission did not favor this and the elimination of small retail stores would severely limit the business that could operate in the area. Mayor Paul Goodland and City Council January 22, 1982 - re: Northwood Plaza Page Three Please note that there are 55 existing retail establishments in the North Grand Mall. Of these only 6 stores have in excess of 5, 000 square feet. In the downtown area, Fasco, Nims, Bledsoes, Carr ' s, Bleekers and possibly one or two others exceed 5, 000 square feet. Most of the rest of the stores are approximately 2, 500-4, 000 square feet. The developers could not get enough tenants to use the P-C with such a severe restriction. 3. Zoning Description. There has been a minor description error in the plats submitted to Council. When the plat was prepared an erroneous angle description was used which made the proposed area somewhat smaller than it actually is . We are having a correct description and plat prepared showing the correct metes and bounds . The actual acreage and location of the proposed zoning changes are the same but the description which was published in the newspaper needs minor revisions . We would ask the Council to proceed to pass the requested ordinance on its third reading and we will immediately file an amended description. We have discussed this with both John Klaus and Ron Woolridge and an amended description could be filed, notice published and the correct description approved at subsequent Council meetings. We hope to have the correct description and plat available at the next Council meeting. 4. Restrivtive Covenant. We are also enclosing a copy of the proposed restrictive covenants concerning the PUD on part of the R-3 land. I have submitted a copy of these to John Klaus for his approval and he has suggested a change which we have incorporated._ 5. Frontage Road. A. Finally we call to your attention that there is a frontage road of approximately 70 feet in depth (East and West) running along and parallel with Grand Avenue. This frontage road was dedicated to the City when the plat was filed about 1960. There is attached a plat of North Park Subdivision. The partial area in which we are requesting rezoning now is Lot 7 & 8 designated with an "X". You can see the frontage road adjoining #69. In April, 1970, the City of Ames vacated the frontage road in front of Lot 9 & 10 and part of 30th Street, but did not vacate the frontage road in front of Lot 7 & 8. It was thought by all parties concerned (including the City of Ames) that the frontage road in front of Lots 7 & 8 was vacated and in 1978 Ames Engineering prepared the plat and legal description on this basis when the first proposal for the 10 acres was presented to the Council. Mayor Paul Goodland and City Council January 22, 1982 - re: Northwood Plaza Page Four B . We are preparing an amended plat and description to not only amend the description referred to in Paragraph 3 above, but also to show the location of the frontage road owned by the City. Naturally, since the City apparently owns the road, we will not be including it as part of any construction or building, but it will be shown in the request for rezoning as part of the entire area. Thank you for your attention and cooperation. YourA very r L�114 ; V 71'ta. Donald R. Payer kdt bl1 S -Zl►S _ f dd � t \ , Of R -K U e. n �. o { • 'L .e,:" ,e sic c ,9 roE' .1 `c CO I , el th oj 1 n� 1 1 1 1 rram^^ 1 ZZ'2F9OZ N ti 4 N v 1 -� ---- - -o/ 2E9 - - - --r - --- o/ rF9 -- - - - --�i V i T N 1 N 'llgh 0� NN �. 4 1, co ,o6'ic9 ; O ` (n N N N _ N vJ -- - - - B - F9 -"--- -�- - - ,8g % 9 - - - - - - -' 'V , RESTRICTIVE COVENANTS WHEREAS , the undersigned are the owners in fee simple of the real estate as described in the attached Schedule "A" , and WHEREAS , for their benefit and protection and for the benefit and prot-ection of subsequent owners and adjoining property owne-rs , said owners desire to restrict the use of the real estate described in the attached Schedule "A" in certain particulars . NOW , THEREFORE , the parties hereto , in consideration of the covenants and agreements of each other , by these presents covenant , bargain and agree and for their successors and assigns , as follows : 1 . That all of the real estate as set forth in the attached Schedule "A" which is proposed to be hereafter rezoned as R-3 , Multiple Residence , shall only be developed and constructed as a planned unit development pursuant to Section 29 . 47 of the Municipal Ordinances of the City of Ames , Iowa , and the undersigned owners do hereby agree that they will not develop or construct any buildings thereon in any manner other than as a planned unit development unless and providing that the City Council of the City of Ames , Iowa , by appropriate ordinances and resolutions , shall otherwise allow or permit the said owners to develop or construct in another manner. 2 . That this restriction on the use of the said land shall remain in effect and shall be deemed to be a covenant running with the land and be binding on the parties thereto , their successors and assigns , until January 1 , 1992 , unless the City Council of the City of Ames , Iowa , shall otherwise allow the owners to use the land for other designated purposes , at which time the said covenants shall be terminated . 3 . That incase of any violation of said covenants , the City of Ames , Iowa , is specifically authorized to resort to an action at law or equity for relief, either by injunction or in damages , .against said person or persons so violating said covenants , and adjoining property owners shall have the- same right and authorization. . ATED this day of January , 1982 . SCHEDULE "A" DESCRIPTION Tract 4 - R-3 Northwood Plaza A part of the NE 1/4 of the SE 1/4 of Section 27 - T84N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; described as follows: "Commencing at the S.E. corner of the N 1/2 of the SE 1/4 of Section 27 - T84N - R24W of the 5th P.M. , in the City of Ames , Story County, Iowa; thence S 890 08' 45" W, 70.0 feet along thesouth line of the N 1/2 - SE 114 of said Section 27; thence North, 582.7 feet along the west right-of-way line of U.S. Highway #69 to the Point of Beginning; thence continuing North, 73.7 feet along said right-of-way; thence Northwesterly, continuing along the right-of-way and along an 8,525 foot radius curve, concave westerly, an arc distance of 372.6 feet (the long chord bears N 010 15' 40" W, 372.57 feet) ; thence N 890 48' 35" W, 893.75 feet along the south line of Bloomington Road; thence S 000 11 ' 25" W, 180.0 feet; thence S 89' 48' 35" E, 231 .25 feet along the north line of a proposed street; thence S 00° 00' 15" E, 256.6 feet along the east line of a proposed street; thence S 880 59' 40" E, 671 .3 feet to the Point of Beginning." Tract contains 336,826 square feet = 7.73 Acres. • • ,?Ltd r SUMMARY OF CITY COUNCIL MEETING AMES, IOWA JANUARY 19, 1982 The Ames City Council met in regular session at 7:30 o'clock p.m., i ,January 19, 1982, in the Council Chambers of the Administration Building, pursuant to law, with Mayor Goodland presiding and the following members present: Atherly, Curtis, Hammer, Parks, Shank, Thurston. The meeting was called to order at 7:30 p.m. I • COMMENDATIONS FOR ASSISTANCE WITH FIRE AT PHI GAMMA DELTA FRATERNITY: Mayor Goodland read a certificate of commendation for the assistance of the Ames Police Department with the battling of the fraternity fire. Virgil Fowles of the Police Department accepted the award. 1 Fire Chief Ralph Parks, Captain Larry Crouch, Firefighter Allan Dehm, and Lieutenant Lyle Scandrett were presented with a letter of commen- dation for the Fire Department for the very capable work of the De- partment fighting the fire. They then presented service awards to Delta Delta Delta, Delta Zeta, Kappa Alpha Theta, Zeta Tau Alpha, and Kappa Kappa Gamma Sororities for responding with a sense of warmth and assistance in providing sandwiches, rolls, coffee as well as hair dryers to help warm those working in the bitter cold. Addi- tionally, the Farmhouse Fraternity was presented with a service award and with a Key to the City since they were instrumental in assisting the Firefighters. PROCLAMATION FOR ARMED FORCES HOCKEY DAY: Mayor Goodland read a pro- clamation designating January 29 as Armed Forces Hockey Day with funds from discount coupons resulting in a direct contribution to the Mid-Iowa Community Action. HEARING ON SUSPENSION OF BEER PERMIT - HAOPY JOE'S PIZZA AND ICE CREAM PARLOR: The Mayor declared the hearing open on the suspension of the permit due to consumption after hours. Virgil Fowles, Ames Police Department, reported that on December 11, 1981, at 2:30 a.m., police officers observed a number of cars at Happy Joe's, 436 S. Duff. The officers entered the premises and saw two employees drawing beer from the tap. An employee Christmas party was being held in the basement level of the pre- mises. One employee accepted responsibility for the party and was charged with dispensing or permitting consumption of an alcoholic beverage or beer after hours. On December 15 a quilty plea was entered to the charge. I Rick Tuttle, on behalf of Happy Joe's, appeared and stated that he pleaded quilty to the charge. He was not aware that it was illegal to hold a private party after hours. The only people present were employees. I The Mayor declared the hearing closed. i Motion by Curtis, seconded by Atherly to suspend the beer permit of Happy Joe's for three days, starting January 25 through January 27. (Motion declared carried unanimously) ELECTRIC UTILITY OPERATIONS REVIEW AND ADVISORY BOARD: Motion by Parks, seconded by Thurston to pass on second reading an ordinance amending the Electric Utility Operations Review and Advisory Board by allowing all terms to begin April 1 of each year. Roll Call Vote 6-0 (Motion declared carried unanimously) REZONING FROM R-2 TO R-3 AND P-C NORTHWEST CORNER OF 30TH AND GRAND - NORTHWOOD PLAZA: Motion by Curtis, seconded by Parks to pass on second reading an ordinance rezoning approximately 40 acres at the northwest corner of 30th and Grand from R-2 to R-3 and P-C (Northwood Plaza). Council Member Shank reviewed her January 8 memo which stated that she believed that development of this parcel is premature. 24E� ✓ Summary - January 19, 1982 , Page 2 of 5 That this will foreclose possibilities of full development of existing commercial areas under Urban Revitalization by rezoning the area now. She continued that since Council has made the commitment to rezone the area, it is incumbent on Council to see that the land is developed to its maximum potential and not to allow it to be wasted in low level strip commercial use, with spread out low density residential use. Council Member Shank encouraged Council to give some direction to the developers of what the Council envisions for the development so that the devel- opers will not be forced to return several times to the Planning and Zoning Commission and to the Council. Council Member Hamner did not feel that the developers had ful- filled the requiremtnts of the ordinance since they did not state the intended uses of the P-C area. Once this is done Council can react to the list of intended uses and from there the impermissible uses can be established. Council Member Curtis thought that after the second reading of the ordinance is passed, it may be appropriate to table the rezoning until Council receives a recommendation from the Planning i and Zoning Commission concerning the list of impermissible uses j and until Council receives the Planned Unit Development (PUD) concept on the R-3 area on the north side of the property. Don Payer, attorney representing Northern Enterprises, the de- velopers of the project, had written to the Mayor and Council on January 11 providing documented assurance that the R-3 area on the north end of the project would be developed with a PUD. Council Member Atherly asked whether Council is at this point ex- pecting a complete PUD to be filed or whether Mr. Payer's January 11 letter is sufficient. Mayor Goodland agreed that this was a crucial issue and must be resolved. Norm Rudi, of Rudi/Lee/Dreyer Associates, architects for the pro- ject, presented Council with a drawing which divides the area into different tracts of property and which contains a written j statement of the intended uses of each tract. This concept was first used with the Northridge area (160 acres of land located north and west of The'Green Subdivision) and was acceptable to the Planning and Zoning Commission and to the City. The drawing for Northwood Plaza designated the northern R-3 area as Tract 4 which Council had requested to be developed as a PUD. The state- ment on the drawing for Tract 4 called for medium density resi- dential developemnt with full range residential structures in- cluding townhouses, condominiums, single-family attached, and multi-family developed under the PUD concept. A planting buffer and low rise units are to be provided along the north property line. Mr. Rudi explained that the development in the P-C tracts (Tracts 5 and 6) was planned to fall within the intended uses listed in the ordinance. The list of impermissible uses is to be developed by the Planning and Zoning Commission with the assistance of staff. Mr. Rudi believed that this would be a negotiated list. The following is a list of impermissible uses as proposed by the developers: warehouses, mini-warehouses, j manufacturing/industrial, junk yards, nursing or convaslescent homes, tractor or truck implement stores, new or used auto sales, farm machinery or heavy equipment sales, motorcyle sales. Mr. Payer stated that a list of intended uses can be presented which would simply designate where the developers intend to have the retail development and the residential development as an example, but they could not at this time be more specific like stating that a grocery store will be located in a certain location and banking facility in another. Council Member Hammer felt that this would meet the intended requirements of the ordinance. Council Member Curtis asked how long it would take to complete the PUD for Tract 4. Mr. Payer believed that a great deal of time would be involved to prepare a PUD for the area since the project is still in the very broad planning stages. Council Member Curtis pointed out that there would be no legal require- ment for those who may purchase portions of Tract 4 in the future • • 247 Summary - January 19, 1982 Page 3 of 5 P � to develop the property as listed on the drawing submitted to �' U Council this evening without the PUD being presented and approved. The drawing with the list of intended uses and the January 11 letter of commitment of the developers to develop Tract 4 as a PUD would not appear as any restriction of record for abstract review. The requirements for development of the property would be those found in the R-3 zoning district regulations. Council Member Curtis was not challenging the integrity of the developers but wanted to bring to light the legal ramifications that are present by rezoning the property now without an approved PUD. Mr. Rudi believed that it would be unrealistic to require the developers to come in with a PUD at this time. Mr. Payer pro- posed that a restrictive convenant be drafted for Tract 4 which would clearly state that the property is only to be developed as a PUD. This convenant would become a matter of record and j would be recorded at the courthouse and would run with the pro- perty even once subdivided. Council Member Curtis believed that the restrictive convenant would be an acceptable compromise to the completion of the PUD at this time. The City Attorney suggested that when drafting the restrictive convenant Mr. Payer take into consideration that fact that the PUD is to provide a buffer for the residents along Top-O-Hollow Road. Vote on motion to pass the ordinance on second reading: Voting aye: Atherly, Curtis, Hammer, Parks, Thurston. Voting nay: Shank (Motion declared carried) Council agreed to p'.lace third reading and adoption of the ordinance rezoning the property on the January 26 agenda. However, if the recommendation of the Planning and Zoning Commission on the list of impermissible uses and the restrictive covenants are not available, the adoption of the ordinance will be tabled until the information is available. CONSENT AGENDA: Motion by Parks, seconded by Hammer to approve and adopt the following items contained in the Consent Agenda: 1. Minutes and summaries of the January 5 and 12 Council meetings. 2. Payment of claims totaling $3,355,400.05. 3. Renewal of beer and liquor licenses: (a) Class "C" Beer/Sunday Sales - Sinclair Retail Station and Convenience Store, 105 E. Lincoln Way. (b) Class "C" Beer-Wine - House of Chen, 2508 Ferndale. 4. Authorization for the Muscular Dystrophy Association to hang a banner over Main Street March 22-27 subject to meeting all safety requirements. 5. Authorization for the City Attorney to take necessary actions to obtain court order against storage of plumbing materials, supplies and equipment by Conley Plumbing at 301 S. Hazel. 6. Referral to City Attorney for ordinance preparation authoriza- tion for the City Manager to require "No Parking Here To Corner" signs where appropriate. 7. Setting February 9 as hearing on amendment to Flood Plain Management Ordinance. 8. RESOLUTION NO. 82-16 appointing Council Members Parks and Thurston to the Utility Retirement Board of Trustees. 9. RESOLUTION NO. 82-17 approving Right-Of-Way Assurance State- ment for Federal-Aid Projects with IDOT. 10. RESOLUTION NO. 82-18 approving agreement with IDOT for use of City streets as detours. 11. RESOLUTION NO. 82-19 revising Resolution No. 81-418 to read Pump House, Ponds, and Miscellaneous Construction for Change Order No. 1 approval (Electric Plant Expansion). 12. RESOLUTION NO. 82-20 approving Change Order No. 5 on contract with Keith. Electric Company for Wiring and Lighting - Item 1 (Electric Plant Expansion). 13. RESOLUTION NO. 82-21 approving Change Order No. 6 on contract with Gibson Hart Company for Power Piping - Item 1 (Electric Plant Expansion). Roll Call Vote 6-0. Resolutions declared adopted, signed by the Mayor and hereby made a portion of these minutes. 248 • • Summary January 19, 1982 Page 4 of 5 CHANGE OF NAME OF MARY GREELEY HOSPITAL: Motion by Shank, seconded by Parks to refer to the City Attorney for appropriate action a request of the Hospital Board of Trustees that the name of Mary Greeley Hospital be changed to Mary Greeley Medical Center. i (Motion declared carried unanimously) Motion by Atherly, seconded by Parks that the Council and Hospital Board meet to review the long term plans of the hospital for the future. (Motion declared carried unanimously) PUBLIC. FORUM: No one appeared during the time set aside for comments j from the general public concerning items not on the agenda. REQUEST TO REZONE FROM R-3 TO P-C NORTHEAST CORNER OF 24TH AND GRAND - NORTHWOOD CENTER: Motion by Parks, seconded by Curtis to set the date of hearing of the proposed rezoning from R-3 to P-C the northeast corner of 24th and Grand for February 9, 1982. Voting aye: Atherly, Curtis, Parks, Shank, Thurston. Voting nay: Hammer. (Motion declared carried) i DUPLEXES IN R1-6 ZONING DISTRICTS: Motion by Shank, seconded by Curtis to set February 9 as the date of hearing on an amendment to the Zoning Ordinance to allow certain existing two-family dwellings in the RI-6 districts. (Motion declared carried unanimously) Council Member Hammer expressed his opinion that the residential I zoning districts should be reviewed in connection with allowing places of worship, cemeteries, golf courses, country clubs and private schools as permitted uses in existing areas without first going through some type of review process. URBAN REVITALIZATION EXEMPTIONS: Motion by Shank, seconded by Parks to adopt RESOLUTION NO. 82-22 approving application of Donald Payer for property tax exemption for improvements performed on property at 535 Main Street within Urban Revitalization Area No. 1. . Resolution declared Roll Call Vote 6-0 adopted, signed by the Mayor and hereby made a portion of these minutes. Motion by. Parks, seconded by Curtis to adopt RESOLUTION NO. 82-23 approving application of Ev Cochrane and Jim Barr for property tax exemption for improvements performed on property at 207 Stanton within Urban Revitalization Area No. 2. Roll Call Vote 6-0. Resolution declared adopted, signed by the Mayor I and hereby made a portion of these minutes. i COUNCIL INITIATED REZONING FROM R-2 TO R1-6 IN THE AREA OF S. WILMOTH/ TRIPP/HILLTOP/MORNINGSIDE: Motion by Curtis, seconded by Parks to refer to the City Attorney for preparation of an ordinance a pro- posal for Council initiated rezoning from R-2 to R1-6 property in the--area-of S:-'Wilmouth/Tripp/Hilltop/Morningside and setting the i date of hearing for February 16. (Motion declared carried unanimously) LEASE WITH AMES HANGAR CLUB: Motion by Curtis, seconded by Shank to adopt.RESOLUTION NO. 82-24 approving the renewal of a lease with Ames Hangar Club for ground for seven hangars at the Ames Municipal Airport and that the flowage fee be set at 4t per gallon for any fuel pumped at that location. Roll Call Vote 6-0. Resolution declared adopted, signed by the Mayor and hereby made a portion of these minutes. JUNK CAR ORDINANCE: Motion by Shank, seconded by Atherly to set February 9 as the date of hearing on a proposed ordinance pertaining to salvage yards, wrecked and demolished vehicles, and outdoor storage of vehicles. Motion by Atherly, seconded by Shank to delete the exemption of vehicles which are fully covered by a tarpaulin from the requirements of the ordinance. Ron Mumby, 922 Ridgewood, appeared and explained that he has two vehicles, one which he uses in the winter and the other in the summer. He objected to the requirement that a Summary - January 19, 1982 249 Page 5 of 5 vehicle be moved as an operating motor vehicle in a thirty day time period. Voting aye: Atherly, Shank Parks, Hammer Voting nay: Curtis, Thurston. (Motion declared carried) Vote on motion to set date of hearing: (Motion declared carried unanimously) COMMENTS: Mayor Goodland announced that he will attempt to set up a meeting with the Hospital Board in April. Council Member Thurston gave his opinion that it could become a problem when Council allows developers to come in only with a general concept and Council gives approval as in the Northwood Plaza instance. He also requested that the City plow closer to curbs when possible and Council Member Hammer requested that the ends of side streets be cleared of the snow that is piled there caused by plowing arterial and feeder streets. ADJOURNMENT: Motion by Curtis, seconded by Parks to adjourn at 8:43 p.m. (Motion declared carried unanimously) I r JI � Jr ina Bicknese, City Clerk 4;]FiPau�I�Goodland, Mayor i I I I 231 4 SUMMARY OF REGULAR COUNCIL MEETING AMES, IOWA JANUARY 5, 1982 The Ames City Council met in regular session at 7:30 o'clock p.m., Janaury 5, 1982, in the Council Chambers of the Administration Build- ing, pursuant to law, with Mayor Goodland presiding and the following members present: Atherly, Curtis, Hammer, Parks, Shank, Thurston. The meeting was called to order by the Mayor at 7:30 p.m. MAYOR PRO-TEM NAMED: Mayor Goodland announced that the Mayor Pro-Tem will be Mary Atherly for 1982. HEARING ON CLASS "C" BEER/SUNDAY SALES PERMITS - CI COUNTRY STORE (EL- WOOD DRIVE AND AIRPORT ROAD): The Mayor declared the hearing open on the proposed suspension of Ci Country Store for liquor law violation. Virgil Fowles, Ames Police Department, appeared and testified that on December 12, 1982 at 2309 p.m., he observed a person under the legal age leaving the Ci Country Store with a six- pack of beer. An investigation was conducted that resulted in a charge of selling beer to a minor. The individual charged later pleaded quilty to the charge. There was no further testimony and the Mayor declared the hearing closed. Motion by Curtis, seconded by Shank to suspend the Class "C" Beer/Sunday Sales Permits of Ci Country Store, as requested by owners of the store, for fourteen days between January 17 and January 30, 1982. (Motion declared carried unanimously) HEARING ON CONVEYANCE OF VACATED FRONTAGE ROAD AT LINCOLN WAY AND CARNEGIE TO R. FRIEDRICH AND SONS, INC.: The Mayor declared the hearing open. There were no comments and the Mayor declared the hearing closed. Motion by Atherly, seconded by Shank to adopt RESOLUTION NO. 82-1 approving the sale and conveyance of the vacated frontage road at Lincoln Way and Carnegie to R. Friedrich and Sons, Inc. subject to the granting of a utility easement. Roll Call Vote 6-0. Resolution declared adopted, signed by the Mayor and hereby made a portion of these minutes. HEARING ON PROPOSED REZONING FROM R-2 TO R-3 AND P-C PROPERTY LOCATED AT THE NORTHWEST CORNER OF 30TH AND GRAND AVENUE (NORTHWOOD PLAZA): The Mayor declared the hearing open. Don Payer, attorney representing Grand Center (owner of the southern 10 acres in the area proposed to be rezoned), Don Furman, J. B. Walker and Warren Israel (owners of the northern 30 acres in the area proposed to be rezoned) appeared and gave a brief history of the rezoning plan. Payer stated that this plan would be the best use of the prime land represented in this tract of land. Payer pointed out that the Conceptual Development Plan had been presented to the Plan- ning and Zoning Commission, that at the present time they were pre- senting the rezoning request. After approval of the rezoning request, they would develop the plan further and would try to obtain tenants so that a complete and definite proposal could be presented. Payer reviewed the rezoning and presented a letter by John R. (Jack) Hodson, Executive Vice President of the Economic Development Com- mission. He stated that he had received no objections from other j businesses in town, including North Grand or the downtown community i and that if the area was developed as planned there would be a large increase in taxes received. Payer stated that there are plans for an elderly housing development (consisting of approximately 2.4 acres) and that there is a possibility that the Department of Housing and Urban Development (HUD) would be providing some of the funds for the elderly housing development. If HUD does contribute to the housing development, they will set the purchase price for the land. Council 232 Janaury 5, 1982 - Summary Page 2 of 5 Member Shank asked if the elderly housing units would still be developed if the area were not rezoned and Payer responded that that decision would have to be made by Furman, Walker and Israel. Payer stated that the same fears, questions, etc. that were being voiced in connection with this project were also voiced in connection with the development, 17 years previously, of the North Grand Shopping Center. Raymond Finn, 805 Top-O-Hollow, asked at what point the decision to include elderly housing had come into the plan and Payer responded that it had been decided upon two to three months previously. Norman Rudi, Architects Rudi/Lee/Dreyer, appeared and reviewed the architectural plan for the development. Rudi stated that they had tried to design new buildings which would extend the existing .. development in the area so that there would be no drastic changes in building types in.the.area. Rudi explained that if the property were developed at the current zoning (R-2) with Ill dwelling units, ! the tax generated would be in the vicinity of $241,700. Under the ' proposed plan, the tax generated would be in the area of $546,000 and there would be approximately 600 people living in the area. Rudi stated that there had been many questions regarding how the development would affect the downtown businesses. It was his feel- ing that the downtown area was an area of quality businesses and ! that there would be no businesses in the development which would i be in direct competition to the downtown businesses. He felt that the added expansion would benefit the entire community. Council Member Shank stated that it was her understanding that the developers were requesting only rezoning at the present time and asked, if this were true, why there had been the presentation of the.planning:aspects of the development. Rudi answered that they had shown the plans in order to assure the Council that the developers intended to carry out the plan. Shank asked if this was essentially just a plan and if, in fact,something different could be brought in later and was told that it was. Council Member Curtis pointed out that several times during the Planning and Zoning Commission meeting when this had been discussed Roy Zingg, Chairman, had asked for the use designations. He stated that according to the Code the zoning permit required the desig- nation of uses in the Planned-Commercial area and the designation of uses which are not permissible. There was discussion between Council and the developers regarding what was felt to be permissible and what was felt to not be permissible. Raymond Finn, 805 Top-O-Hollow, appeared stating that there had been objections in the past regarding this development inasmuch as the residents want to be assured that there will be a "buffer zone" j between the residential areas and the commercial development. They want a "buffer" to be built on the south side of Bloomington Road. Norm Rudi stated that the question had been raised in the past and that the developers desired working with area residents to make the Bloomington Road residences fit into the development and that there had been consideration of two-story structures in the area. Council Member Curtis asked the residents of the area in the audience what they felt should be done as a "buffer". Robert_._ Turbe 1, 906 Top-O-Hollow Road, appeared and stated that if was` is opinion that this was the best plan which had been presented to date but that the northern residents had no sight barrier be- tween their residences to act as a "buffer". Council Member Curtis stated that it was his opinion that there were twomajor problems with the plan. The first problem is the absence of the list of non-permissible uses and the second item the need to designate use in the R-3 area through a Planned Unit Development. i Roger Stolley, the property manager of North Grand Mall, appeared and stated that it was the feeling of a majority of the businesses and of the landlord of the North Grand Mall that the competition represented by the proposed development would be an asset to the Mall rather than a detriment. Stolley stated that it was the general feeling of businessmen there that the area should be zoned commer- cial. • • 233 January 5, 1982 - Summary Page 3 of 5 David Reed, 3130 Northwood, appeared and stated that in the five years that he has lived in the Northwood area, his property has been flooded three times. Reed asked that green areas be developed, rather than largeiareas of concrete, in order to allow for run-off control. i John Klaus, Ames City Attorney, pointed out that the City has always zoned following a comprehensive plan (Land Use Policy Plan), and that some years ago when there was some litigation concerning the corner of 24th and Grand, the City defended the suit successfully by showing that the comprehensive plan had been followed in the past regardless of all petitions to change the plan. Klaus pointed out that this rezoning will represent a change in the comprehensive plan and would have implications in a further case for the City. Bill Summers, 1111 Garner Circle, appeared and stated that in the Land Use Policy Plan hearings with the Planning and Zoning Commission, i the area residents had been told that there would be no major change I in the area and asked why this policy was not being followed. Council Member Shank stated that she had spoken with Ron Wooldridge, Director of Planning and Housing, and that it was her understanding that the new Land Use Policy Plan had not been changed. Ron Wool- dridge appeared and stated that the old Land Use Policy Plan had had a narrative portion stating that.the integility of the North Grand Mall would be maintained. The map had shown the northwest corner of 30th and Grand to be zoned medium-density residential and the northwest corner of the 40 acres to be zoned low-density residential. Roy Zingg, Chairman of the Planning and Zoning Commission, appeared and pointed out that the map had not changed, but that the Planning and Zoning Commission had no major objection to some commercial development to the southern portion of the forty acres. The Mayor declared the hearing closed. Motion by Hammer, seconded by Curtis to pass on first reading an ordinance amending the official zoning map by rezoning from R-2 to R-3 and P-C the northwest corner of 30th Street and Grand Avenue - Northwood Plaza. Council Member Shank stated that in the recent ACTION report, p. 40, the Ames residents continue to oppose new commercial centers being developed; the present commercial areas are not fully developed and rational land use planning is to develop existing properties before building new developments; commercial sprawl is present in Ames in the form of many small, one-story businesses; the forty acres is the last prime commercial area that can be developed and, therefore, should be developed with intensity; and the Land Use Policy Plan recommended more intensive development in the City. The Energy Committee supports more intensive commercial growth and the developers have opposed downzoning in residential neighborhoods with the basis that more intensive residential and commercial growth is needed. Vote on Motion. Roll Call Vote 5-1 (Shank - nay). Motion declared carried. Motion by Atherly, seconded by Parks to refer to the Planning and Zoning Commission and to staff a request for a listing of non-permissible uses for the area. (Motion declared carried unanimously) Motion by Parks, seconded by Atherly to request the developers to draw up a Planned Unit Development for the residential areas surrounding Top-0-Hollow and Bloomington Road. (Motion declared carried unanimously) Motion by Atherly, seconded by Hammer to direct staff to prepare a revision to the comprehensive plan documents as necessary. (Motion declared carried unanimously) PRESENTATION TO MAYOR AND MAYOR PRO-TEM BY NORMAN RUDI: Norman Rudi pre- � sented the Mayor and Mayor Pro-Tem with a gavel made by Rudi from a walnut tree planted by Dr. Ralph Hickson approximately 50 years ago on i Pearson Avenue. The Mayor called a three-.minute recess at 9:20 p.m. 234 R January 5, 1982 - Summary Page 4 of 5 ORDINANCE AMENDING ELECTRIC UTILITY OPERATIONS REVIEW AND ADVISORY BOARD: Motion by Atherly, seconded by Curtis to pass on first reading an ordinance amending the Electric Utility Operations Review and Ad- visory Board ordinance by allowing the terms of the members to begin on April 1 of each fiscal year. Roll Call Vote 6-0. (Motion declared carried unanimously) CONSENT AGENDA: Motion by Shank, seconded by Parks to approve and adopt the following items in the Consent Agenda: 1. Minutes of December 23 Council Meeting. 2. Payment of claims $922,827.82. 3. Scheduling of next Council-Business Cooperation Meeting for February 19 at Starlite Village to begin at 11:45 a.m. 4. RESOLUTION NO. 82-2 approving and adopting Supplement No. 6 to Code. 5. Renewal of Class "B" Liquor/Sunday Sales licenses - Best Western Starlite Village, 2601 E. 13th Street. 6. Approval of mobile home park license for Terrace Mobile Home Park. 7. Referral of parking restrictions on Garfield Avenue and Phoenix Street to City Attorney for proposed ordinance. 8. RESOLUTION NO. 82-3 approving Change Orders No. 4 and 5 on contract with Frank Schill and Sons, Inc.,,for 1981 Housing Rehabilitation program, Phase II for property located at 922 5th Street. 9. RESOLUTION NO. 82-4 approving Change Orders No. 1 and 2 on contract with Frank Schill and Sons, Inc., for 1981 Housing Rehabilitation program, Phase II for property located at 1211 Burnett. 10. RESOLUTION NO. 82-5 approving Change Orders No. 5 and 6 on contract with Frank Schill and Sons, Inc., for 1981 Housing Rehabilitation Program, Phase II for property located at 618 Crawford. 11. RESOLUTION NO. 82-6 approving Change Order No. 3 on contract with Frank Schill and Sons, Inc., for 1981 Housing Rehabili- tation Program, Phase II for property located at 518 13th Street. 12. RESOLUTION NO. 82-7 approving completion of contract with Ames Home Improvement for 1981 Housing Rehabilitation Program, Phase II for property located at 618 Carroll. 13. RESOLUTION NO. 82-8 approving specifications for the purchase of twenty-seven reels of primary and secondary electric dis- tribution cable; provide for taking of bids on February 5, and award of contract February 23. 14. RESOLUTION NO. 82-9 approving Change Order No. 1 on contract with Gould Pump, Inc. for Condensate Pumps (Electric Plant Expansion). 15. RESOLUTION NO. 82-10 approving Change Order No. 2 and accepting completion of contract with Drake-Williams Steel, Inc. for Power Plant Building Structural and Miscellaneous Steel (Electric Plant Expansion). 16. RESOLUTION NO. 82-11 accepting completion of contract with James Thompson and Sons, Inc., for Power Plant Building Superstructure (Electric Plant Expansion). 17. RESOLUTION NO. 82-12 accepting completion of contract with James Thompson and Sons, Inc., for Power Plant Pump House, Ponds and Miscellaneous Construction ( Electric Plant Expansion). Roll Call Vote 6-0. Resolutions declared adopted and signed by the Mayor and hereby made a portion of these minutes. PUBLIC FORUM: No one appeared during the time set aside for comments from the public on items not contained on the agenda. PURCHASE OF WASHED IOWA COAL AND LOW-SULFUR COAL AND AUTHORIZING THE UTILITY STAFF TO REQUEST BIDS FROM LOW-SULFUR COAL SUPPLIERS: Motion by Shank, seconded by Parks to adopt RESOLUTION NO. 82-13 to waive normal bidding procedures and authorize the purchase of 5,000 tons of washed-Iowa coal from Iowa Coal Sales Corporation; waiving formal bidding procedures and authorizing the purchase of low-sulfur coal from Fort Union Coal; and waiving formal bidding procedures and authorizing the Electric Utility staff to request bids for the purchase of low-sulfur coal from suppliers of said coal. Roll Call Vote 6-0. Resolution declared adopted and signed by the Mayor and hereby made a portion of these minutes. • 235 January 5, 1982 - Summary Page 5 of 5 13TH STREET EXTENSION PAVING PROJECT: Motion by Hamner, seconded by Parks to adopt RESOLUTION NO. 82-14 awarding a contract to Allied Construction Company for the 13th Street Extension Grading and Paving project subject to the concurrence of the Federal Highway Administration. Roll Call Vote 6-0. Resolution declared adopted and signed by the Mayor and hereby made a portion"of these minutes. WATER POLLUTION CONTROL EXPANSION PROJECT RESEARCH PROPOSAL: Motion by Atherly, seconded by Parks to adopt RESOLUTION NO. 82-15 approv- ing the Water Pollution Control Expansion Project research proposal for the groundwater quality study in the Ames-Cambridge reach of the Ames Buried Channel Aquifer. Council Member Hamner questioned the need for the study and was informed by John Elwell, Ames City Manager, that the study was required to inform the City of the exact quality in the area in order that this information could be used in the future as a measure. Roll Call Vote 6-0. Resolution declared adopted and signed by the Mayor and hereby made a portion of these minutes. COMMENTS: Council Member Shank noted that the Council had received a report on the Cyclone Area Community Center in their packets and that she had noticed that there had been an increase in revenues during the month of November, 1981. Shank asked if the City Manager anticipated the revenues through the end of the fiscal year being able to at least balance the budget for the year and was told that management felt they would. Motion by Curtis, seconded by Atherly to set January 12, 1982 at 7:00 p.m. as the date of a meeting of the City Conference Board. The meeting would be held in the City Council Chambers. (Motion declared carried unanimously) Motion by Parks, seconded by Hammer to set January 28, 1982, at 7:30 p.m. at 713 S. Duff as the date, time and place of the County Conference Board meeting, if agreeable with the County Supervisors. (Motion declared carried unanimously) Council Member Curtis stated that the Ames Zoning Board of Adjustment had granted a special permit to Jim Cornwell and Ed Hendrickson, Jr. for properties located in the Southwest Neighborhood Association. The Southwest Neighborhood Association had presented a rezoning re- quest for the entire neighborhood to be rezoned to R1-6 (low-density residential which does not allow duplexes), which the Council had denied. At the time of the denial, Council Member Curtis had made the statement that if the "Hammer Amendment" had been declared un- constitutional by the Courts, that the Council would initiate and reconsider the rezoning request. Curtis announced at this time that there would be a rezoning request on the January 19 City Council agenda and that Curtis would initiate the request. Motion by Curtis, seconded by Shank to adjourn at 9:45 p.m. Gin�h V k�nese,�City Ceerk Paul Goodland, Mayor Nancy Gi bon Recording Secretary I I I . AMIN I T 7 01 aA�d TO: Gina Bicknese, City Clerk l m m 0 FROM: John R. Klaus, City Attorney L— IJJJ IJJJ DATE: May 19 , 1982 SUBJECT: Restrictive Covenants - Northwood Plaza Rezoning With this find the restrictive covenants that have been recorded by the landlord in connection with the Northwood Plaza Development. �--0 MAY 2 8 1,982 AY 9 1982 LAW OFFICES PAYER, STEENSLAND & LATHROP 537 MAIN STREET DONALD R. PAYER AMES• IOWA 50010' P. O. BOX 592 GREG W.STEENSLAND AREA CODE 515 VICTOR G. LATHROP TELEPHONE 232-4115 TO Mr. John Klaus DATE May 18, 1982 City Attorney SUBJECT Public Safety Building Northwood�Plaza Ames, IA 50010 Dear John: In accordance with our agreement, I have recorded the Restrictive Covenants at Nevada, and I am enclosing a copy of the same showing the book and page and recording dates on the instrument. It is my understanding you may want to deliver this to the city clerk for their use. Thank you. Yours very truly, PAY STEENSLAND & LATHROP BY• I`.JP Donald R. Payer lls Encl . Foam ML 5-N72 The Drawing Board,Inc.,Boa 505,D.11.%Teas RESOLUTION NO. 82-27 RESOLUTION APPROVING RESTRICTIVE COVENANTS FOR TRACT 4 IN THE PROPOSED NORTHWOOD PLAZA TO BE LOCATED ON A FORTY-ACRE (APPROXIMATE) TRACT OF LAND LOCATED AT THE NORTHWEST CORNER OF 30TH AND GRAND AVENUE IN THE CITY OF AMES, IOWA. BE IT HEREBY RESOLVED by the City Council of the City of Ames, Iowa, that the restrictive covenant for Tract 4 of the proposed Northwood Plaza in the City of Ames, Iowa is hereby approved and adopted as attached hereto and made a part hereof by this reference. ADOPTED this 26th day of January, 1982. k - Gin icknese, City C erk . Paul Good and, Mayor Introduced by: Curtis Seconded by: Parks Voting aye: Atherly, Curtis, Hammer, Parks, Thurston Voting nay: Shank Absent: none Resolution declared adopted and signed by the Mayor this 26th day of January, 1982. Nsr* U491z S OR1�CO171�Y, IC /A • Fa FILED FOR RECORD M O5&m. MAY - 51982 pA'RE STRICT IVE COVENANTS -' SW L PM Recorder A► N-WEREAS, the undersigned are the owners in fee simple of the real estate as described in the attached Schedule "A"; and WHEREAS , for their benefit and protection and for the benefit and protection of subsequent owners and adjoining property owners, said owners desire to restrict the use of the real estate described in the attached Schedule "A" in certain particulars. NOW, THEREFORE, the parties hereto, in consideration of the covenants and agreements of each other, by these presents covenant, bargain and agree and for their successors and assigns, as follows : 1. That this restriction on the: use of the said land shall remain in effect and shall be deemed to be a covenant running with the land and be binding on the parties thereto, their successors and assigns , until January 1, 2002. 2. That all of the real estate as set forth in the attached Schedule "A" which is proposed to be hereafter rezoned as R-3, Multiple Residence, shall only be developed and constructed . as a planned unit development pursuant to Section 29. 47 of the Municipal Ordinances of the City of Ames, Iowa, and the undersigned owners do hereby agree that they will not develop or construct any buildings thereon in any manner other than as a planned unit development unless and providing that the City Council of the City of Ames , Iowa, by apprc?riate ordinances and resolutions, shall otherwise allow or permit the said owners to develop or construct in another manner. The subject land shall not be used other than as a planned unit development as aforesaid unless at least 50% or more of the adjacent property owners consent in writing. An adjacent property owner is defined as a property owner owning a property on the South side of Top-a-Hollow Drive, West of Grand Avenue and East of Calhoun Drive extended South. A husband and wife shall be considered one owner. 3. That in the ca. ,.­of any violation of said covenants, the City of Ames, Iowa, is specifically authorized to resort to an action at law or equity fnr relief, either by injunction or in damages , against said person or persons so violating said covenants, and adjacent property owners shall have the same right and author- ization. An adjacent owner 's defined in paragraph 2 above. DATED this 15th dayof March 1982. .�•.z�c:�, J.B. VALKER TRUST, by UNION_ STORY TRUST SAVIN B , TRUSTEE p,•''tl'' . •:4�'�`'r ro rin an, Executive o 1;, ( r dw Vice-Pres'Sent Attes ed by: s R. Mic au r. ce-President !V ona . Furman arren Is a 4Ru ' W�.�Fkurman ary Israel BODK S a PAGE .Aw OFFICES 2. STEENSLAND J 3 5 LATHRO i, iowA 50 010 1 /,4 -- —•- DESCRIPTION Tract 4 - R-3 Northwood Plaza A part of the NE 1/4 of the SE 1/4 of Section 27 - T84N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; described as follo ws: "Commencing at the S.E. corner of the N 1/2 of the SE 1/4 of. Section T84N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; thence 7 S 890 08' 45" W, 70.0 feet along the south line of the N 1/2 - SE 14 of said Section 27; thence North, 582.7 feet along / of U.S. Highway #69 to the Point of Beginning; thenceecontinuing Nway line feet along said right-of-wa thorth, 73.7 y' ence Northwesterly, continuingN along the right-of-way and along an 8,525 foot radius curve, concave westerly, an arc distance of 372.6 feet (the long chord bears N 010 15' 40" W, 372.57 feet • thence N 890 48' 35" W, 893.75 feet along the south line of Bloomington , ; Road; thence S 000 11 ' 25" W, 180.0 feet; thence S 890 48' 35" E, 231 .25 feet along the north line of a proposed street; thence S 000 00, 15" E, 256.6 feet along the east -line of a proposed street; thence S 880 59' 40" E 671 .3 feet to the Point of Beginning. Tract contains 336,826 square feet = 7.73 Acres. Description for zoning purposes from"Sheet 01 of the Northwood Plata plans by Rudi/Lee/Dreyer dated January 19, 1982. c Kenneth D. Jans en, P.E. , L. e� � W1► RCM File #789094 RIEKE CARROLL MULLER ASSOCIATES, INC. OF IOWA January 21 , 1982 l� %-k V V,\ ko -,**`*boVNa,d )?,NO( PAGtk� 535 M L� iZ RESOLUTION NO. 82-26 RESOLUTION DESIGNATING IMPERMISSIBLE USES FOR NORTHWOOD PLAZA. WHEREAS, the City Council of the City of Ames, Iowa, adopted Ordinance No. 2808 on January 26, 1982, rezoning the northwest corner of 30th Street and Grand Avenue, known as Northwood Plaza from "R-2," Low-Density Residential, to "P-C," Planned Commercial, and "R-3," Medium-Density Residential; and, WHEREAS, as required by Section 29.24 (Zoning Ordinance) of the Municipal Code, the City Council has adopted a list of impermissible uses for the Northwood Plaza, P-C zoning district. THEREFORE, BE IT RESOLVED that the following list of impermissible uses are applicable to Northwood Plaza. Tract S. This tract is designated for the full array of retail product and service establishments and dwellings compatible within an intensely developed suburban commercial setting. Impermissible uses in such a setting 'include: Vehicle sales and services, not including a gasoline service station; convenience store; hotel/motel; warehousing; tractor/truck implement sales; farm machinery or heavy equipment sales; any use similar to the above. Tract 6. This tract is designated for professional and business offices, dwellings and limited supportive and ancillary activities located within the main building(s) . Impermissible uses include: Vehicle sales and services; convenience store; grocery, fruit or vegetable store; hotel /motell ; warehousing; tractor/truck implement sales; farm machinery or heavy equipment sales; any use similar to the above. Al)op'r1:D 'I•llIS- 26th DAY OFM January 1982. Gi#gfcVikese, Ames City Clerk F. Paul Goodland, Mayor Introduced by: Atherly Seconded by: Thurston Voting aye: Atherly, Curtis, Hamner, Parks, Thurston Voting nay: Shank Absent: None Resolution declared adopted and signed by the Mayor this 26th day of January 1982. • Planning and Zoning Emission -6- • January 20, 1982 DISCUSSION OF IMPERMISSIBLE USES - 30TH AND GRAND Mr. Wooldridge reviewed the rezoning request at 30th and Grand pointing out that the Commission recommended denial of the request. However, at the public hearing on January 5, City Council passed the rezoning request on the first reading. At that time, it was indicated that a list of impermissible uses would need to be generated for the P-C areas. When City Council passed the request on the second reading, they decided to table the ordinance until a recommendation on impermissible uses for 30th and Grand was received from the Planning and Zoning Commission. Mr. Wooldridge distributed a memorandum from staff dated January 20, 1982, which presented the staff's recommendation for the impermissible uses. He reviewed the contents of the memorandum explaining the reasoning behind staff's recommendation and also discussed a letter from Larry Curtis dated January 19, 1982, in which Mr. Curtis stated that the list of impermissible uses should include no retail stores using less than 5,000 square feet of single-floor area to exclude retail shops that would be in conflict with the typical type of space available in the Downtown commercial area. Additionally, the staff memorandum included a letter from Mr. Payer, representative for the owners of the 40 acres at 30th and Grand, indicating a proposed list of impermissible uses. Mr. Wooldridge then asked for comments from the Commission on the staff proposal. The Commission discussed this item at length. Mrs. Manatt was concerned that the Statement of Intent for Tract 6 was not clear enough and over a period of time the intent might be lost. Mr. Zingg questioned how staff would decide on acceptable uses if the staff recommendation was adopted. Mr. Wooldridge stated that staff would make a judgement on the Statement of Intent and whether or not the use was listed as impermissible. In the event an owner would take issue with the staff decision, an appeal process would be available. Mr. Sherkow then requested that the developers' representative discuss the plans for the site before a decision was made on impermissible uses. Mr. Payer explained that he could not answer any questions on what uses were planned for the area because the developers dial not know. He stated that the request by Councilmember Hammer for a general concept of intended uses would be put together. Mr. Payer then indicated that the uses would generally consist of retail establishments, a service station, a car wash, business offices, and possibly some residential development. Subsequent to discussions with prospective tenants, a more detailed presentation would be made. He indicated that staff's recommendation was workable for the developers; however, they had strong feelings against the 5,000 square foot limitation as proposed by Mr. Curtis because it would be detrimental and contrary to the P-C concept. Mr. Fouts suggested that some general terminology be formulated consistent with the ordinance to provide the developer with a guideline and then list some specific.items. Mr. Zingg stated that his suggestion fit what the staff had put together and would go along with the spirit of the ordinance. Mr. Fouts was concerned that being too specific, however, would result in restricting the developers and, he noted, the 5,000 square foot floor area would do just that. Mr. Wooldridge reviewed other P-C applications and how the lists of impermis- sible uses were handled. Generally, P-C applications are for specific uses to be developed immediately and, therefore, not much discussion is held on impermissible Planning and Zoning Commission -7- January 20, 1982 uses. This present application, however, is unusual in that there are no immediate plans for the site. The Commission discussed the recommendation from Mr. Curtis noting that it was exclusively Mr. Curtis' recommendation and not that of the Councils. The Commission does not have to return that recommendation to Council. Mr. Zingg indicated that the development which would take place at 30th and Grand would be competitive with the North Grand Mall and Downtown Ames by its very nature and the 5,000 square foot approach would not be viable and would be unfair to the developers. Mrs. Manatt was concerned that staff included hotel/motel as an impermissible use in Tract 6 and not in Tract 5. She felt it should be included in both. Mr. Sherkow reviewed his recommendation emphasizing that one of his primary concerns was to provide buffering for the residential developments to the north and east of the proposed development. He suggested putting together one list for both tracts to give the developer some flexibility. That list would include: vehicle services or sales; grocery, fruit;* or vegetable stores; hotel/motel; warehousing; tractor/truck implement sales; farm machinery or heavy equipment; general drive-through uses; convenience stores; and any use similar to those mentioned. Mr. Payer stated that creating one list for the entire P-C area would be contrary to the plan as it was submitted. Norm Rudi, architect, indicated that the entire development was initiated because of the interest shown by financial institutions, grocery stores, service stations, restaurants, and other facilities. This would constitute 90% of what was being asked for. Mr. Sherkow explained that he included grocery stores in his list because he did not want to add to the exodus of grocery stores from the heart of the City. Mr. Zingg stated his preference for the Tract 5 and Tract 6 approach. Councilmember Hammer, 4th Ward, discussed the P-C as explained in the ordinance and indicated that the problems the Commission was experiencing in putting together a list of impermissible uses were due to the vagueness of the developers request. Mr. Hammer stated that the developer should give more of an indication of what he has planned so that creating a list could be done in a more straightforward manner. Mr. Payer stated that the developers cannot plan for the 40 acres and it was un- fair to make such a request. They have the right to have the area rezoned and subsequently submit a detailed plan giving the Commission more information on the planned uses. He stated that the developers intended to have a large shopping area, but this would not preclude the development of separate smaller establishments. Mrs. Hoffman pointed out that the Conunission was asked by City Council to do this and through this process was trying to protect itself because a plan could be submitted at a later date with uses the Commission would not approve of.. They do not want to be accused of dragging out the approval process. Mr. Payer read an excerpt from the ordinance which stated that the Planning and Zoning Commission should determine those uses which have a tendency for detrimental impact. In other words, things that are totally out of the question. The Commission then went back to the staff recommendation and the following motion was made: Planning and Zoning Commission -g_ January 20, 1982 MOTION: (Fouts/Manatt) To preserve the Tract 5 and Tract 6 concept, make a motion that follows the text as the staff has presented it with the addition on Tract 5 of "vehicle sales and service (with the exception of service stations)" and "hotel/motel." On Tract 5, eliminate the "new and used auto sales." Tract 6 should include "vehicle sales and service," "Convenience stores" and the last phrase stating "any retail or service store that would normally generate traffic from the general public" should be taken out. 2 in favor (Zingg, Fouts) 4 opposed (Kahler, Sherkow, Whetstone, Hoffman) 1 abstention (Manatt) Following the failure of the above-stated motion, another motion was made as follows: MOTION: (Sherkow/Kahler) Eliminate the gas station from Tract 5 and add grocery, fruit, or vegetable store; hotel/motel, and convenience store. For Tract 6 add convenience store and eliminate last phrase. 3 in favor (Kahler, Sherkow, Whetstone) 4 opposed (Manatt, Fouts, Zingg, Hoffman) Because the second motion failed, a third motion was made: MOTION: (Fouts/Manatt) To preserve the Tract 5 and Tract 6 concept and follow the text as the staff has presented it with the addition in Tract 5 of "vehicle sales and service; hotel/motel" and remove, in Tract 5, "new and used auto sales." In Tract 6, add "vehicle sales and service; convenience stores;" remove "new and used auto sales; any retail or service store that would normally generate traffic from the general public." Motion passed-6 in favor, 1 opposed (Whetstone) Therefore, the text of the recommendation passed by the Commission read as follows: Tract 5. This tract is designated for the full array of retail product and service establishments and dwellings compatible within an intensely developed suburban commercial setting. Impermissible uses in such a setting include: Vehicle sales and service; hotel/motel; warehousing; tractor/truck implement sales; farm machinery or heavy equipment sales; any use similar to the above. Tract 6. This tract is designated for professional and business offices, dwellings and limited supportive and ancillary activities located within the main building(s) . Impermissible uses include: Vehicle sales and service; grocery, fruit or vegetable store; hotel/motel; convenience stores; warehousing; tractor/truck implement sales; farm machinery or heavy equipment sales; any use similar to the above. --------------------------------------- COMMISSION COMMENTS Mrs. Manatt asked that the Commission be provided with an updated work schedule. A 0 i TO: Gina Bicknese, City Clerk 0 FROM: John R. Klaus , City Attorne DATE: February 2, 1982 SUBJECT: Resolution Designating Impermissible Uses for Northwood Plaza With this is a form of resolution designating impermissible uses for Northwood Plaza. It was drafted by the staff of the Department of Planning and Housing and is certainly every bit as good as anything I could do for the same purpose. I will suggest that the minutes of the Planning and Zoning Commission which report the deliberations of the Commission in arriving at this list be extracted and filed with this resolution so as to document the summary of evidence and reasoning support- ing this list. Fcl!0 '7 r) : tm r "'k FEB RESOLUTION NO. 82-28 RESOLUTION AMENDING A PORTION OF THE CITY OF AMES, IOWA LAND USE POLICY PLAN MAP. WHEREAS, the City Council of the City of Ames, Iowa, deems it advisable to amend the Land Use Policy Plan map for the northwest corner of 30th Street and Grand Avenue. THEREFORE, BE IT RESOLVED that the Land Use Policy Plan map is hereby amended to designate the northwest corner of 30th Street and Grand Avenue as commercial land use and that this Resolution shall become a portion of the Land Use Policy Plan map. ADOPTED THIS 26th day of Janaury 1982. 6 Gin Bic nese, es City Clerk F.!Paul Goodland, Mayor Introduced by: Atherly Seconded by: Parks Voting aye: Atherly, Curtis, Parks, Thurston Voting nay: Hammer, Shank Absent: none Resolution declared adopted and signed by the Mayor this 26th day of January 1982. r 0 0 NORTHWOOD PLAZA PUBLIC HEARING JANUARY 5, 1982 EXCERPT DON PAYER GAVE PRESENTATION (during which time the mention of elderly housing plans was brought up. Payer - I would also call to your attention that we feel that the 2.4 acres for the elderly housing is a real plus for the area to be located north of the church ground. I have talked in detail with this committee and it is entirely possibly that there may be money available from HUD to build this . Now, there is no assurance, but they have talked with HUD and HUD does not now have money available. But they think there is a possibility it may come up. We have talked with HUD. This land would be made available to this group - it is a non-profit group - at whatever amount HUD would allow for the purchase of the land. That is the agreement. So, if HUD will allow the money to be available, HUD will set the price for what is fair for the land and the group which owns it - which is Walker, Israel and Furman - would make that available. So, I think that is a plus for Ames and for the entire area. Shank - Excuse me Don, is that just available if your rezoning goes through or would that be available under any circumstances? Payer - Well , the plan is for the entire 40 acres. Now, it is owned by Israel , Walker and Furman and they have agreed to make that 2.4 acres available if it did. If it does not go through, I would hate to sit here and say that i+ nvailahla .hon thou t^ 11V havan ' t rnnCiriprpCI that • - 2 - r Finn - (Continued) - concession unless this is thoroughly understood that that buffer will be established - and not some twenty years down the road - but within a reasonable time. Thank you. Ed, Curtis -/Was there a concession made to you at the Planning and Zoning Commission meeting about additional R-2 along that area. From Audience - Yes, there was. Finn - Yes, sir, there certainly was. Curtis - Mr. Rudi , would you care to address that particular issue? Norm Rudi - The question was raised but it was never addressed by either the Planning & Zoning Commission or by ourselves. We indicated that we would re-study it and, if required, go back and have another look at it, but it was dropped after the introduction. Curtis - Well , I ' ll read you the comments from the minutes of why I have that impression of why Mr. Finn's point was particularly well-taken. It says that "at this point Mr. Payer stated the developers would consider making sidewalks available for school children and also plans would not be approved unless utilities were adequate - indicated that developers would amend the CDP to create a buffer between Top-O-Hollow and the R-3 zoning district. It is strongly desired to work with people in the area. " Is that still your strong desire? (some discussion from individuals away from the microphone - cannot pick it up) Payer - As the discussion developed, we changed direction and nothing was ever acted upon. We did express that we would work with them. Curtis - Bloomington Road fits very heavily into that whole process and we're going to be talking about that very soon. What did you propose according to Mr. Payer rnmmnntc in terms of Drovidinq that particular buffer? • - 3 - General discussion between Turbett and Council concerning the need for the buffer and the concerns of the area residents. Rogert Stolley - property manager of North Grand Mall appeared in favor of the development (see minutes) David Reed - I 'm David Reed, a property owner at Northwood and it struck as a little curious as we denied - as Planning and Zoning denied the original ten acres of commercial and now we are coming back with eighteen acres of commercial . My concern is primarily that the storm sewer which drains the North Grand Mall was built on a five-year engineering principle which is the very lowest that they ever design and that means that it will flood once every five years. Well , it has flooded three years out of the five I have been here - or three times rather - out of the five years I have been here and frankly, I like the sound of some of the plans that Erb Hunziker had because it integrated - it sounded like he was speaking of a kind of combined residential/office - perhaps upper and lower floors as he says. The thing that bothers me is anything like bowling alleys, large shopping center type of things which have great areas of paving - the paving, of course, means that instead of a stream in my backyard I will have a river and the storm sewer system obviously can't take care of it. The low type of Commercial , which would be office and so forth, would not disturb my present system that badly except that they would have to come in with bulldozers again at, I presume, good expense. Hammer - I hope that you will come back with that same comment when we hit Phase II, namely when we have to approve the plan because one of the things that has to be set is the drainage. ORDINANCE NO. 2816 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES, IOWA, ADOPTED BY SECTION 29.5 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.6 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, AND TO AMEND THE ZONING REGULATIONS PROVIDED IN SAID MUNICIPAL CODE OF THE CITY OF AMES, IOWA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. BE 'IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa: Section 1. The Official Zoning Map of the City of Ames, Iowa, adopted by Section 29.5 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.6 of the Municipal Code of the City of Ames, Iowa, and amending the zoning regulations provided in said Municipal Code as follows: That the following described property be rezoned from R-2 (Low Density Residential) zoning district to R-3 (Medium-Density Resi- dential) zoning district and P-C (Planned-Commercial) zoning dis- trict as follows: a. The land hereby designated for the P-C (Planned-Commercial) zoning district is described as: Commencing at the S.E. corner of the N k of the SE k of Section 27-T84N - R24W of the 5th P.M. , in the City of Ames, Iowa; thence S 890 08' 45" W, 70.0 feet along the south line of the N k - SE k of said Section 27 to the Point of Beginning; thence North, 582.7 feet along the west right-of-way line of U.S. Highway #69; thence N. 88' 59' 40" W, 701.3 feet, thence S 000 00' 15" E, 605.55 feet along the centerline of a proposed street, thence S. 89° 08' 45" W, 30.0 feet along the north line of Lot 7 in North Park Subdivision of the Sk - SEk of said Section 27; thence S 000 00' 15" E, 632.33 feet along the west line of Lots 7 and 8 in said North Park Subdivision; thence N. 89' 08' 55" E, 726.8 along the north line of 30th Street; thence N 00° 24' 10" E, 632.45 feet along the east line of the Frontage Road as platted in North Park Subdivision to the point of Beginning. b. The land hereby designated for the R-3 (Medium-Density Residential zon- ing district is described as: Commencing at the S.E. corner of the Nk of the SE k of Section 27 -T84N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; thence S 890 08' 45" W, 70.0 feet along the south line of the N� - SE4 of said Section 27; thence North, 582.7 feet along the west right-of-way line of U.S. Highway #69 to the Point of Begin- ning; thence continuing North, 73.7 feet along said right-of-way; thence Northwesterly, continuing along the right-of-way and along an 8,525 foot radius curve, concave westerly, an arc distance of 372.6 feet (the long chord bears N 010 15' 40" W, 372.57 feet); thence N 890 48' 35" W, 893.75 feet along the south line of Bloom- ington Road; thence S 00° 11' 25" W, 210.0 feet; thence N 89° 48' 35" W, 47.0 feet along the centerline of a proposed street; thence S00° 04' 40" E, 584.5 feet; thence S 58" 32' 45" W, 170.9 feet along the centerline of a proposed street (to be known as Wheeler Street, extended east); thence Southwesterly, continuing along the centerline of the proposed street and along a 144.81 foot radius curve, concave northwesterly, an arc distance of 78.05 feet (the long chord bears S 73° 59' 20" W, 77.11 feet); thence S. 89' 25' 40" W, 80.0 feet continuing along the centerline of the proposed street; thence S00° 04' 40" E, 145.0 feet along the east line of the Third Addition of Glenview Heights Subdivision; thence N 89° 08' 45" E, 547.55 feet along the north line of Lots 5, 6, and 7 in North Park Subdivision of the Sk - SE4 of said Section 27; thence N 000 00' 15" W, 605.55 feet along the centerline of a proposed street, thence S 88! 59' 40" E, 701.3 feet to the Point of Begin- ning. Section 2. All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3. This ordinance is in full force and effect from and after its passage and publication as provided by law. Passed this 9th day of March , 1982. r_� IAAr, v�l Gin'A Bicknese, City Clerk Paul Goodland, Mayor LEGAL NOTICE You are hereby notified that the City Council of the City of Ames, Story County, Iowa, will meet at 7:30 p.m. , February 23, 1982, in the Council Chambers of the Administration Building, Main and Pearle Streets, Ames, Iowa, to consider a proposed amendment to the Official Zoning Map by incorporating corrected legal descriptions into the ordinance rezoning the northwest corner of 30th and Grand (Northwood Plaza) as follows: (Planned Commercial ) : Commencing at the S.E. corner of the N 2 of the SE 4 of Section 27-T84N - R24W of the 5th P.M. , in the City of Ames, Iowa; thence S 89 08' 45" W, 70.0 feet along the south line of the N 2 -_ SE 4�of said Section 27 to the Point of Beginning; thence North, 582.a feet along the west right-of-way line of U.S. Highway #69; thence N. 88 59' 40" W, 701 .3 feet, thence S 000 Og' 15" E, 605.55 feet along the centerline of a proposed street, thence S. 89 08' 45" W, 30.0 feet along the north line of Lot 7 in North Park Subdivision of the S2 - SE-1-4 of said Section 27• thence S 000 00, 15" E, 632.33 feet along Pe west line of Lots 7 and 8 in said North Park Subdivision• thence N. 89 08' 55" E, 726.8 along the north line of 30th Street; thence N 00 24' 10" E, 632.45 feet along the east line of the Frontage Road as platted in North Park Subdivision to the point of Beginning. (R-3 - Medium-Density Residential ) ; Commencing at the S.E. corner of the N% of the SE 4 of Section 27 - T84N R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; thence S 890 08' 45" W, 70.0 feet along the south line of the NZ - SE4 of said Section 27; thence North., 582.7 feet along the west right- of-way line of U.S. Highway #69 to the Point of Beginning; thence continuing North, 73.7 feet along said right-of-way; thence Northwesterly, continuing along the right-of-way and along an 8,525 foot radius curve, concave westerly, an arc distance of 372.6 feet (the long chord bears N 01 15' 40" W, 372.57 feet) ; thence N 89 48' 35" W, 893.75 feet along the south line of Bloomington Road; thence S 000 11 ' 25" W, 210.0 feet; thence N 89 48' 35" W, 47.0 feet along the centerline of a proposed street; thence S 000 04' 40" E, 584.5 feet; thence S 58 32' 45" W, 170.9 feet along the centerline of a proposed street (to be known as Wheeler Street, extended east) ; thence Southwesterly, continuing along the centerline of the proposed street and along a 144.81 foot radius curve, conoave northwesterly, an arc distance of 78.05 feet (_the long chord bears S 73 59' 20" W, 77. 11 feet); thence S. 890 25' 40" W, 80.0 foet continuing along the centerline of the proposed street; thence S 00 04' 40" E, 145.0 feet along the eas� line of the Third Addition of Glenview Heights Subdivision; thence N 89 08' 45" E, 547.55 feet along the north line of Lots 5, 6 and 7 in North Park Subdivision of the S2 - SE4 of said Section 27; thence N 000 00 15 W, 605.55 feet along the centerline of a proposed street; thence S 88 59' 40" E, 701 .3 feet to the Point of Beginning. You are hereby notified that the proposed ordinance incorporating such change is on file in the office of the City Clerk. Any interested person may appear for or against the proposed ordinance. Gina Bicknese Ames City Clerk IL J14A `^ i�, I T, 17 w LAW OFFICES PAYER, STEENSLAND & LATHROP DONALD R.PAYER 537 MAIN STREET P.O. BOX 592 GREG W.STEENSLAND AMES,IOWA 50010 AREA CODE SIB VICTOR G.LATHROP January 27, 1982 TELEPHONE 232-4115 City Clerk City of Ames Ames, IA 50010 Dear Clerk: RE: Northwood Plaza I am enclosing the corrections for the legal descriptions for Northwood Plaza which are to be published pursuant to item 4e of the city council meeting of January 26, 1982. This is a part of the request for rezoning and the requirement that this rezoning request be published in the newspaper. The corrected legal descriptions are as follows: 1 . Zoning change from R-2 to P-C consisting of 20.15 acres is shown on the attached Schedule A. 2. Zoning change from R-2 to R-3 consisting of 14.02 acres is shown on the attached Schedule B. 3. The remaining area is already zoned R-2, and we are not requesting any change of that area consisting of 6.23 acres. We do have a legal description for the remaining area, and I am enclosing a copy of that marked Schedule C. PLEASE NOTE, however, that this description appearing in Schedule C is not to be published but is for your information and use only. We are also enclosing a revised plat of Northwood Plaza showing the corrected description of each tract and requested zoning change and the location of the frontage road thereon. Please call me if you have any questions concerning this matter. The hearing is scheduled for February 23, 1982. Thank you. Yours very truly, �4 PAYER, ST ,E SLAND & LATH P By onald R. Payer ,JAN 2 8 1O Us Encl . DESCRIPTION Zoning Change R-2 to P-C Northwood Plaza J-) P A part of the E 1/2 of the SE 1/4 of Section 27 - T84N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; described as follows : "Commencing at the S.E. corner of the N 1/2 of the SE 1/4 of Section 27 - T84N - R24W of the 5th P.M. , in the City of Ames , Iowa; thence S 890 08' 45" W, 70.0 feet along the south line of the N 1/2 - SE 1/4 of said Section 27 to the Point of Beginning; thence North , 582.7 feet along the west right-of-way line of U.S. Highway #69; thence N 88' 59 ' 40" W, 701 .3 feet; thence S 00, 00 ' 15" E, 605.55 feet along the centerline of a proposed street; thence S 89' 08' 45" W, 30.0 feet along the north line of Lot 7 in North Park Subdivision of the S 1/2 - SE 1/4 of said Section 27; thence S 00' 00' 15" E, 632.33 feet along the west line of Lots 7 and 8 in said North Park Subdivision; thence N 890 08' 55" E, 726.8 along the north line Of 30th Street; thence N 00' 24' 10" E, 632.45 feet along the east line of the Frontage Road as platted in North Park Subdivision to the Point of Beginning. " Tracts contain 877,574 square feet = 20.15 Acres . Description for zoning purposes from Sheet #1 of the Northwood Plaza plans by Rudi/Lee/Dreyer dated January 19, 1982. Kenneth D. Janssen P.E. , L.S. #8136 /OWA RCM File #789094 RIEKE CARROLL MULLER ASSOCIATES, INC. OF IOWA January 25, 1982 DESCRIPTION Zoning Change R-2 to R-3 r Northwood Plaza A part of the NE 1/4 of the SE 1/4 of Section 27 - T84N - R24W of the 5th P.M. , in the City of Ames , Story County, Iowa ; described as follows : "Commencing at the S.E. corner of the N 1/2 of the SE 1/4 of Section 27 - T84N - R24W of the 5th P.M. , in the City of Ames , Story County, Iowa; thence S 890 08' 45" W, 70.0 feet along the south line of the N 1/2 - SE 1/4 of said Section 27; thence North , 582.7 feet along the west right-of-way line Of U.S. Highway #69 to the Point of Beginning; thence continuing North, 73.7 feet along said right-of-way; thence Northwesterly, continuing along the right- of-way and along an 8,525 foot radius curve, concave westerly, an arc distance of 372.6 feet (the long chord bears N O10 15 ' 40" W, 372.57 feet) ; thence N 89° 48' 35" W, 893.75 feet along the south line of Bloomington Road; thence S 00° 11 ' 25" W, 210.0 feet, thence N 89' 48' 35" W, 47.0 feet along the centerline of a proposed street; thence S 000 04' 40" E, 584.5 feet; thence S 58° 32' 45" W, 170.9 feet along the centerline of a proposed be known as Wheeler Street extended east) ; thence Southwesterll street (to y, continuing along the centerline of the proposed street and along a 144.81 foot radius curve, concave northwesterly, an arc distance of 78.05 feet (the long chord bears S 73' 59 ' 20" W, 77.11 feet) ; thence S 89 25 401 1 W, 80.0 feet continuing along the centerline of the proposed street; thence S 000 04' 40" E, 145.0 feet along the east line of the Third Addition of Glenview Heights Subdivision; thence N 89' 08' 45" E, 547.55 feet along the north line of Lots 5, 6, and 7 in North Park Subdivision of the S 1/2 - SE 1/4 of said Section 27; thence N 001 00 ' 15" W, 605.55 feet along the centerline of a proposed street; thence S 8.81 59 ' 40" E, 701 .3 feet to the Point of Beginning. Tracts contain 6105549 square feet = 14.02 Acres. Description for zoning purposes from Sheet #1 of the Northwood Plaza plans by Rudi/Lee/Dreyer dated January 19, 1982. Kenneth D. Janssen, .E. , L.S. #8136 JANUM N./OWA RCM File #789094 RIEKE CARROLL MULLER ASSOCIATES, INC. OF IOWA January 25, 1982 . t DESCRIPTION VANNOW Zoning Change R-2 (Area Remaining) Northwood Plaza JCL �"- ' A part of the NE 1/4 of the SE 1/4 of Section 27 - T84N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; described as follows : "Commencing at the S.E. corner of the N 1/2 of the SE 1/4 of Section 27 - T84N - R24W of the 5th P.M. , in the City of Ames , Story County, Iowa; thence S 89° 08' 45" W, 70.0 feet along the south line of the N 1/2 - SE 1/4 of said Section 27; thence North, 656.4 feet along the west right-of-way line Of U.S. Highway #69; thence Northwesterly, continuing along the right-of-way and along an 8,525 foot radius curve, concave westerly, an arc distance of 372.6 feet (the long chord bears N 01 , 15' 40" W, 372.57 feet) ; thence N 89° 48' 35" W, 893.75 feet along the south line of Bloomington Road to the Point of Beginning; thence S 00, 11 ' 25" W, 210.0 feet; thence N 890 48' 35" W, 47.0 feet along the centerline of a proposed street; thence S 00, 04' 40" E, 584.5 feet; thence S 58' 32' 45" W, 170.9 feet along the centerline of a proposed street (to be known as Wheeler Street, extended east) ; thence Southwesterly, continuing along the centerline of the proposed street and along a 144.81 foot radius curve, concave northwesterly, an arc distance of 78.05 feet (the long chord bears S 73' 59 ' 20" W, 77. 11 feet) ; thence S 89' 25' 40" W, 80.0 feet continuing along the centerline of the proposed street; thence N 001 04 ' 40" W, 906.75 feet along the east line of the Second and Third Additions of Glenview Heights Subdivision; thence S 89' 48' 35" E, 348.0 feet along the south line of Bloomington Road to the Point of Beginning. " Tract contains 271 ,562 square feet = 6.23 Acres . Description for zoning purposes from Sheet #1 of the Northwood Plaza plans by Rudi/Lee/Dreyer dated January 19, 1982. �o 12 rn Kenneth D. Janssen IP.E. , L.S. #8136 s D WA RCM File #789094 RIEKE CARROLL MULLER ASSOCIATES, INC. OF IOWA January 25, 1982