HomeMy WebLinkAboutA007 - Council Action Form dated February 14, 1995 ITEM #:
DATE: 021 5
COUNCIL ACTION FORM
SUBJECT: MOTION TO DENY REZONING OF PROPERTY LOCATED AT 2406
AND 2416 GRAND AVENUE, AND INITIATE A REZONING OF PROPERTY AT 2406
AND 2416 GRAND AVENUE AND 609 24TH STREET.
ACTION FORM SUMMARY: This is a request to rezone property located at 2406 and
2416 Grand Avenue from R-3 (Medium-Density Residential) to P-C (Planned
Commercial).
The Planning and Zoning Commission and staff recommend that the rezoning request
for property located at 2406 and 2416 Grand be denied, and further recommends that
the City Council initiate rezoning of the property at 2406 and 2416 Grand Avenue and
609 24th Street.
BACKGROUND:
The applicant is requesting that the City rezone 1.03 acres (45,012 square feet) of
land area from R-3 (Medium-Density Residential) to P-C (Planned Commercial) at
2406 and 2416 Grand Avenue.
The legal description for the subject property is attached.
The reason given by the applicant for the proposed rezoning is improved land
utilization and aesthetic improvement.
A Land Use Policy Plan (LUPP) Map amendment from RM (Medium-Density
Residential) to C (Commercial) and a P-C (Planned Commercial) Plan have been
submitted by the applicant. The Land Use Policy Plan is being processed concurrently
with this request.
The subject property is designated as medium-density residential on the 1977, 1981,
and 1988 Land Use Policy Plans.
ANALYSIS:
Zoning District. The subject property has been zoned as R-3 (Medium-Density
Residential) since 1966. Prior to this time, the southern portion was zoned as "A"
(Residence), and the northern portion of the property was zoned as "B" (Multiple
Residence).
Refer to the attachment for the specific zoning history of the subject property.
Existing Land Use/Zoning.
Property Land Use Zoning
Subject Property S.F. Residential R-3 (Medium-Density Residential)
Vacant R-3 (Medium-Density Residential)
North of Site M.F. Residential R-3 (Medium-Density Residential)
East of Site Commercial R-3 (Medium-Density Residential)
South of Site Church R2-7 (Low-Density Residential)
West of Site Commercial P-C (Planned Commercial)
The subject property is located at the intersection of two major streets; Grand Avenue
being the north/south street, and 24th Street the east/west street.
Grand Avenue.
Land use varies greatly from one side of the street to the other. Land west of Grand
Avenue is occupied by high intensity uses that include commercial businesses and
multiple-family dwellings. This is markedly different than the land area east of Grand
Avenue which has a mix of low-density and medium-density land uses, including
single-family dwellings, multiple-family dwellings, a church and a non-conforming
hardware store. The land use has more of a uniform composition, low-density
residential, one block east of Grand Avenue. In general, the land use east of Grand
Avenue is much less intense than the existing development west of Grand Avenue.
24th Street.
Land north of 24th Street is a mix of land use with single-family, multiple-family and
commercial land use. The land area south of 24th Street has more of a low-density
composition with a church on the corner and single-family dwellings to the south.
Intersection of Grand Avenue and 24th Street.
There are a wide range of land uses at the intersection of Grand Avenue and 24th
Street as one examines all four quadrants of the intersection.
The northeast quadrant is the location of the subject properties, which includes a
single-family rental-occupied dwelling and a parcel of vacant land to the north of
this that was previously occupied by another single-family rental-occupied
dwelling.
The northwest quadrant is the site of a convenience store, which is part of a
much larger commercial center of the city that includes North Grand mail.
2
The southwest quadrant is occupied by a six-plex apartment building. Additional
apartment buildings are located directly to the west.
The southeast quadrant is occupied by a church with single-family dwellings
further south and east.
Land Use Policy Plan. The subject property is designated as Medium-Density
Residential on the 1977, 1981, and 1988 Land Use Policy Plans. The following goals
and policies from the Land Use Policy Plan (LUPP) apply to this LUPP amendment
proposal:
B. RESIDENTIAL
B.1. GOAL:
To provide a wide choice of housing types and locations to serve the
residential needs to the present and future populations.
B.1.2. Policy:
New housing development will be located adjacent to existing development
to better utilize existing public facilities and to ensure the orderly growth of
the community.
C. COMMERCIAL
Commercial Priorities:
Encourage redevelopment of commercial areas that serve as entrances to
the City and discourage further strip commercial development.
C.1. GOAL:
To create opportunities for the expansion of business in appropriate areas
while maintaining the usefulness and viability of existing commercial
development.
C.1.5. Policy:
Commercial activity will be encouraged to develop adjacent to major
interchanges where traffic arterials will allow for safe ingress and egress.
C.1.7. Policy:
Adequate land should be designated for service commercial development.
3
Utilities. Utilities are adequate to serve the proposed development.
Water:
16-inch water main on 24th Street
Sanitary Sewer:
8-inch sanitary sewer main on 24th Street (100' west of Grand
Avenue)
8-inch sanitary sewer main on Jensen Avenue
Storm Sewer:
18-inch storm sewer on 24th Street
Drainage swale along Grand Avenue
Access/Traffic Impact.
One access is planned for the proposed development. This will be located on 24th
Street near the east end of the property.
A Traffic Impact Evaluation has been completed by a registered professional engineer
under the laws of the State of Iowa.
The report states that, "although the exact nature of the development has not been
specified, the developer is seeking a building of approximately 15,000 square feet that
could include mixed professional and service uses such as general office, professional
services, banking services, restaurant, and more".
The traffic study concludes that while the Level of Service (LOS) drops from level B to
C, the change in average delay ins only 0.5 seconds from 14.7 seconds to 15.2
seconds with 15 seconds being the break point between LOS B and C.
The traffic consultant states that the additional traffic from the proposed development
should not place an undo burden on the operation of the intersection.
The City Traffic Engineer has reviewed the traffic impact evaluation and concurs with
the findings of the traffic consultant.
Impermissible Uses (2406 and 2416 Grand Avenue). At the time the property is
zoned P-C, a list of impermissible uses, from those listed in the zoning ordinance,
must be established for the site. For this particular site, the following list of
impermissible uses is proposed by staff:
1. Apothecary Shop
2. Barber Shop
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3. Beauty Shop
4. Dwelling
5. Gasoline Service Station
6. Grocery, Fruit, or Vegetable Store
7. Hotel/Motel
8. Restaurant
9. Retail Store (for specific and general merchandise)
10. Studio - photography, artist, dance or musician
11. Other Similar Retail and Service Establishments
12. Residential Corrections Facility
Permitted Uses (2406 and 2416 Grand Avenue). The following list of permitted uses
is proposed by the applicant and by staff:
1. Business office
2. Professional Office (Including Medical and Dental Offices) (Provided these uses
meet or-exceed the Zoning Ordinance minimum off-street parking requirements.)
3. Bank
Note: The off-street parking required for medical and dental offices is greater
than that required for a business office.
STAFF COMMENTS:
The Planning and Zoning Commission and staff have recommended that rezoning be
approved only if the rezoning includes all three (3) properties at these addresses:
2406 and 2416 Grand Avenue and 609 24th Street.
The Planning and Zoning Commission and staff does not support the rezoning
of the subject property, 2406 and 2416 Grand Avenue, without the rezoning of
property at 609 24th Street.
As a means of assuring that the transitional nature of the land area between Grand
Avenue and Jensen Avenue is maintained, staff would recommend that restrictions be
placed on the types of uses for the subject property (as described above), and the
property at 609 24th Street (Carr Hardware). The list of "impermissible uses" and
"permissible uses" for 609 24th Street, as recommended by staff, are as follows:
Impermissible Uses (609 24th Street).
1. Apothecary Shop
2. Barber Shop
3. Beauty Shop
4. Business Office
5. Dwelling
6. Gasoline Service Station
7. Grocery, Fruit, or Vegetable Store
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8. Hotel/Motel
9. Restaurant
10. Retail Store (for specific and general merchandise)
11. Studio - photography, artist, dance or musician
12. Other Similar Retail and Service Establishments
13. Residential Corrections Facility
Permissible Uses (609 24th Street).
1. Professional Office
Stipulations that should be included, as part of the approval of the rezoning of property
at 609 24th Street from R-3 to P-C, are described as follows:
The use of the property shall be limited to a professional office (e.g. Attorneys,
Medical and Dental Clinics, Engineers, Architects, Accountants, Licensed
Consultants, Insurance and Real Estate) (prior to P-C Plan approval, the existing
hardware store may continue as a non-conforming use);
Limit the size of the new building to a maximum floor area no greater than what
exists in the current building;
Any other requirements as determined by the City Council at the time of
approval of the P-C Plan.
Reasons for a staff recommendation to change the zoning designation from R-3
(Medium-Density Residential) to P-C (Planned Commercial) for the property at 2406
and 2416 Grand Avenue and 609 24th Street are described as follows:
1. The low-intensity commercial development can function as a transitional land
use;
2. Commercial development adjacent to a major intersection is consistent with the
LUPP; and
3. The existing of a commercial land use at 609 24th Street.
The Planning and Zoning Commission reviewed this request at their meeting of
January 18, 1995 and approved the following recommendation:
The City Council rezone property at 2406 and 2416 Grand Avenue from
R-3 to P-C only if the City Council also rezones the property at 609 24th
Street from R-3 to P-C. The Planning and Zoning Commission also
recommends the following list of impermissible and permissible uses:
6
2406 and 2416 Grand Avenue
Impermissible Permissible
Apothecary Shop Business Office
Barber Shop Professional Office
Beauty Shop Bank
Dwelling Medical/Dental Office with
Gasoline Service Station Sufficient Parking
Grocery, Fruit or Vegetable Store
Hotel, Motel
Restaurant
Retail Store (Specific & General Merchandise)
Studio (Photography, Artist, Dance, Music)
Other Similar Retail and Service Establishments
Residential Corrections Facility
609 24th Street
Impermissible Permissible
Apothecary Shop Professional Office
Barber Shop
Beauty Shop
Business Office
Dwelling
Gasoline Service Station
Grocery, Fruit or Vegetable Store
Hotel, Motel
Restaurant
Retail Store (Specific & General Merchandise)
Studio (Photography, Artist, Dance, Music)
Other Similar Retail and Service Establishments
Residential Corrections Facility
The Planning and Zoning Commission also recommends the following stipulations for
the property at 609 24th Street:
a) Limit the size of any new building to a maximum floor area no greater than what
exists in the current building.
b) Any other requirements as determined by the City Council at the time of
approval of the P-C Plan.
The vote of the Planning and Zoning Commission was 4 to 3.
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ALTERNATIVES:
1. The City Council can approve the request to rezone property located at 2406
and 2416 Grand Avenue from R-3 (Medium-Density Residential) to P-C (Planned
Commercial) with the list of impermissible uses described above if the City
Council approved a Land Use Policy Plan amendment for this area.
2. The City Council can deny approval of the request to rezone property at 2406
and 2416 Grand Avenue from R-3 (Medium-Density Residential) to P-C (Planned
Commercial).
3. The City Council can deny the request to rezone the property at 2406 and 2416
Grand Avenue and initiate a rezoning that includes the property at 2406 and
2416 Grand Avenue plus the property at 609 24th Street with the list of
impermissible and permissible uses as listed in this Council Action Form along
with the following stipulations:
a) Limit the size of any new building (at 609 24th Street) to a maximum floor
area no greater than what exists in the current building.
b) Any other requirement as determined by the City Council at the time of
approval of the P-C Plan.
This option will not involve further review by the Planning and Zoning
Commission, but will require an additional notice to surrounding
property owners, a public hearing, and action by City Council on a
revised ordinance.
4. The City Council can approve this request with modifications.
5. The City Council can table this request and refer it back to City staff and/or the
applicant for additional information.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alternative
#3. This will deny the request to just rezone the property at 2406 and 2416 Grand
Avenue, but initiate a rezoning by the City Council of the two properties at 2406 and
2416 Grand Avenue plus the property at 609 24th Street. This recommendation also
limits the use of the property as recommended by the Planning and Zoning
Commission plus City staff. The recommended building size limitation for the property
at 609 24th Street is also included in the recommendation.
This recommendation represents a comprehensive solution to the land use in this
location, and also represents an affective means of creating a transition that is greatly
desired by the residential property owners in the area.
8
The City Council might question why staff is recommending that a more
restricted use is being applied to the property at 609 24th Street. This more
restricted use of this property is being proposed because the property at 609
24th Street is adjacent to the single-family neighborhood and therefore, staff
believes that a greater degree of use restriction is essential to accomplish the
transition that is important to the neighborhood.
Attachment
h\bpo\caNezone.214
9
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PROPERTY OWNERS:
R.C. Stenberg 1907 Polk 515-232-0435 (home)
Ames, IA 50010 515-232-3889 (business)
Dave Klatt 1602 Woodhaven Circle 515-233-4281 (home)
Ames, IA 50010 515-232-5642 (business)
LEGAL DESCRIPTION:
Lot 1 of Speck's Subdivision in the City of Ames, Story County, Iowa and
commencing at the SW corner of the NW'/a NW'/<, Section 35, Township 84 North,
Range 24 West of the 5th P.M., Story County, Iowa; thence N1028'W, 177.85 feet
(178.00 feet deeded) to the point of beginning; thence N89°04'51"E (N89010'E,
deeded) 216.54 feet (216.97 feet deeded); thence N0051'34"W (NO050'W deeded),
125.0 feet; thence S89°04'57W (S89°10'W deeded), 217.86 feet (218.7 feet
deeded); thence S1°28'E. 125.0 feet to the point of beginning, now a part of the
City of Ames, Story County, Iowa, and being subject to road right-of-way along
Grand Avenue.
ZONING HISTORY
OF
NORTHEAST CORNER OF GRAND AVENUE & 24TH STREET
Ames Fruit & Grocery (Abe Mezvinsky)
"A" (Residential) to "C" (Commercial)
Planning Commission 6/11/62 Delayed action until formal request is
filed.
6/27/62 Letter-recommended property not be
rezoned.
City Council 7/19/62 Deferred action until joint meeting could
be held.
Planning Commission 9/17/62 Very much opposed to encouraging
commercial development in this area.
Request should be denied.
City Council Accepted recommendation of Planning
Commission to deny request.
Abe Mezvinsky
24th & Jensen Avenue
"A" (Residential) to "C" (Commercial)
Planning Commission 3/1.1/64 Recommended denial of "C".
Recommended "C-3" district be added to
zoning ordinance.
Robert L. Matters
24th & Grand Avenue
"A" (Residential) to "D" (Commercial and Light Industry)
Planning Commission 6/30/64 Recommended denial of request.
City Council 7/7/64 Minutes
Robert L. Matters
24th & Grand Avenue (2406 Grand)
City Council 11/16/65 Referred to Planning Commission for
study and recommendation.
Planning Commission 12/21/65 Recommended approval of"C-2" for area
between Grand and Jensen and from
24th Street north 265 feet.
City Council 12/27/65 Did not accept Planning Commission
recommendation.
Robert L. Matters
2406 Grand Avenue
"R-3 (Multiple-Family Dwelling) to "C-2" (General Commercial)
Planning Commission 5/6/70 Recommend denial of request.
City Council 5/19/70 Approved recommendation to deny.
Robert L Matters & James H. Speck (to construct gas station)
24th & Grand
"R-3" (Multiple-Family Dwelling) to "C-2" (General Commercial)
Planning Commission 6/11/71 Recommended denial of request.
City Council 6/22/71 Confirmed recommendation to deny.
Robert L. Matters
2406 Grand
"R-3" (Multiple-Family Dwelling) to "C-2" (General Commercial)
Planning Commission 7/14/72 Recommend denial of request.
City Council 7/25/72 Tabled action until information meeting is
held.
10/3/72 Special meeting held at Northwood
School ; Council confirmed
recommendation to deny the request.
Robert L. Matters
2406 Grand 10/72 Suit filed in District Court with the finding
that the applicants had not exhausted
their administrative remedies. Appeal to
the Supreme Court which upheld the
lower court ruling.
Abe Mezvinsky, A.F. Realty
24th & Jensen
"R-3" (Multiple-Family Dwelling) to "C-2" (General Commercial)
Planning .Commission 1/12/73 Recommended denial of the request.
City Council - 1/23/73 Accepted recommendation-to deny.--
2
Robert L. Matters
2406 Grand Avenue
9/11/74 Appeal to the Zoning Board of
Adjustment for a variance to use the
property for any and all C-2 uses.
ZBA Action - Denial, 3-1.
10/9/74 Suit filed for Declaratory Judgment to
declare the existing zoning a violation of
the owners' constitutional rights and Writ
of Mandamus to force the City Council to
rezone the property commercial. Also, to
set aside the decision of the ZBA to deny
the variance to utilize the property for
any and all commercial uses.
In pretrial procedure, the writ was ruled
inappropriate in that the Court could not
tell a Municipal Legislative Body to enact
specific zoning, only to ascertain that
what had been done followed legal
procedures.
5/12/76 District Court Trial.
5/25/77 Ruling by the District Court. The ruling
was that the plaintiffs (Matters) failed to
provide that the City of Ames was
arbitrary, capricious, discriminatory, and
unreasonable and that the' zoning
ordinance was plainly and clearly invalid.
The Court refused to act as a super
zoning commission.
6/30/78 Supreme Court Ruling - Ruled that after
a review of the evidence, the plaintiffs
failed to prove the Ames City Ordinance
zoning their property "R-3'' was arbitrary,
capricious, discriminatory, or
unreasonable. It ruled that the trial court
was correct when it held it was unable to
say the property was unsuitable for
residential use. The purpose of the "R-3"
district wherein plaintiffs' property lies is
to serve as a buffer between the
commercial and residential zones.
3
Robert L. Matters
2406 Grand
"R-3" (Multiple-Family Dwelling) to "C-5" (Planned Commercial)
Planning Commission 9/1/76 Recommended denial of request.
City Council 9/21/76 Approved recommendation to deny.
Edward Hendrickson
2406 Grand
"R-T (Multiple-Family Dwelling) to "C-5" (Planned Commercial)
Planning Commission 9/6/78 Recommended denial of the request.
City Council 9/19/78 Accepted the Planning Commission's
recommendation to deny the request.
Edward Hendrickson, et all
2406 & 2416 Grand Avenue
"R-T (Multiple-Family Dwelling) to T-C" (Planned Commercial)
Planning Commission 1/6/82 Recommended denial of the request.
City Council 5/4/82 Request denied.
Edward Hendrickson, et al
2406 & 2416 Grand Avenue
Request for a Use Variance to allow for the development of commercial uses in the "R-T
District.
Zoning Board of Adjust. 3/14/85 Denied request.
District Court 5/9/85 Sustained decision of Zoning Board of
Adjustment.
Iowa Court of Appeals 4/23/86 Sustained decision of the District Court.
Ronald Stenbern et all & Carr's True Value North, Inc.
2406 & 2416 Grand Avenue and 615 - 24th Street
"R-3" (Medium-Density Residential) to "P-C" (Planned Commercial)
Planning Commission 9/2/87 Recommended denial of request to
rezone from R-3 to P-C (5-0).
City Council 9/22/87 Set public hearing on rezoning for
October 6, 1987.
4
City Council 10/6/87 Public hearing held - continued to
October 22, 1987.
Planning Commission 10/15/87 Motion to uphold previous decision
(Special meeting to deny rezoning - failed 2-2.
discuss an agreement
for additional conditions). Recommended 3-1 that if the City
Council chose to rezone the property,
more stringent parking requirements be
established for Carr property for multiple
use of the proposed structure.
City Council 9/20/87 Resolution to approve agreement for
contract zoning passed 4-2.
.First reading on ordinance to approve
rezoning from R-3 to P-3 - failed with 4-2
vote. (Protest required 5 affirmative
votes).
Motion to place second reading on 11/10
agenda failed with 2-4 vote.
h\ems\rnisc\grand-24.hst
5
CARR HARDWARE CARR'S NORTH
306 Main 24th & Grand
Ames, Iowa 50010 Ames, Iowa 50010
(515) 232-6324 MrA HARDWARE STORES ® (515) 232-1791
Fax (515) 232-7967
December 21, 1994
City of Ames
Planning and Zoning Commission
Ames, Iowa
Dear Commission Members:
While we did not initiate a rezoning request for our property, we appreciate being
notified and included in these proceedings. We do, however, have some concerns re-
lating to this proposal. If the City intends to rezone our property to P-C, we
would like to be sure that our property is treated the same as the other property
being rezoned. Specifically, our concerns are:
a. That the uses allowed on the other parcel be allowed on our parcel. They include
a business office, profedsional office (including medical and dental-provided uses
meet off-street parking requirements), and a bank.
While the staff recommended that professional office use be the only use allowed
on our property, this does not make sense to us since that use allows a potentially
higher traffic use than business office or bank use. This seems inconsistent with
the desire to satisfy the neighborhood concerns about traffic.
b. That the restriction on maximum building area be deleted.
We believe the area of the building in a redevelopment of our site would be subject
to review at the time it is proposed. We do- not see a good reason for pre judging
this issue.
C. That the building location restriction be deleted.
The current location of our building may not be optimal for future uses of the
property. Some would argue that it is too close to the street. Others would
pomnt out that if a new building were built to the east and north, it would screen
out .more: ftaffset::nofse .from the residential area. Again, we do not see a good
reason fou pre-judging this issue. A plan should be developed that is the best
plan for all concerned parties - not one based on past mistakes or current status
quo.
We would also like to note that we have no plans for a redevelopment of this land at
this time. We do intend to continue our current business operation , and are only
responding to the proposal made by the City.
Sincerely,
]ofD
COMPLETE BUILDING AND REAL ESTATE SERVICES•SIXTH AND DUFF AVE. •P.O. BOX 725•AMES, IOWA 50010•515/232-6175•FAX 515/232-4253
December 20, 1994
TO: N.E. Neighborhood Association Committee
RE: 24th & Grand Rezoning
Dear Friends:
It' s been over twenty years since Reiny and I met with a group of
the neighbors on behalf of our company, R. Friedrich and Sons,
Incorporated, to ask your help in a rezoning effort. With your
help the rezoning was approved and the Grandview Square apartment
complex was built. We hope we have earned your trust in the way
we have landscaped and maintained the project for best appearance
to the neighborhood.
At that time we made a commitment regarding the 24th & Grand
future rezoning. Several subsequent rezoning attempts have
failed and in those we took a position reflecting on our
commitment to the neighbors.
We decided to be up front with everyone this time to give you our
feelings about this new rezoning effort being proposed.
We believe it has been far too long that an acceptable project
has not been permitted on the northeast 24th & Grand corner. The
properties there are deteriorating and it is becoming an eye
sore. Something needs to be done!
We are in favor of having a good project built on this property.
In our opinion the proposed project as described is a good idea
and would be a benefit to the neighborhood. We also believe it
could enhance property values.
We are confident that the individuals behind the project, all
local people, will develop a pleasing structure and will maintain
it properly. Therefore, we want you to know that we are in
support of the project as presented and we hope you are too.
My partner brother, Reiny Friedrich, joins me in the above.
Respectfully submitted,
R. FRIEDRICH AND SONS, INC. REVECVED
Robert K. Friedrich, President 0 C 2 1994
cc: City of Ames planning and zoning CITYOFAMES,10 A
Project Developers: Stenberg & Klatt DEPT.OF PLANNING&HOUSING
N.E. Neighborhood Association Committee
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