HomeMy WebLinkAboutA002 - Council Action Form dated May 13, 1997 ITEM#: 5
DATE: 05/13/97
COUNCIL ACTION FORM
SUBJECT: MOTION TO APPROVE A REZONING OF APPROXIMATELY .85 ACRE OF
LAND LOCATED EAST OF SOUTH DUFF AVENUE, NORTH OF JEWEL DRIVE, WEST
OF OPAL DRIVE AND SOUTH OF CRYSTAL STREET FROM A-1 (AGRICULTURAL),
P-C (PLANNED COMMERCIAL), AND R-3 (MEDIUM-DENSITY RESIDENTIAL) TO G-1
(GENERAL INDUSTRIAL) AND G-C (GENERAL COMMERCIAL).
ACTION FORM SUMMARY: This request involves the initiation of rezoning of property,
located in the block bounded by South Duff Avenue, Jewel Drive, Opal Drive and Crystal
Street from A-1 , P-C, and R-3 to G-1 and G-C. This is being done to correct errors and
omissions on the zoning map.
Approval of this request for rezoning is recommended.
BACKGROUND:
The need to rezone the properties shown on the attached map was discovered by staff
while researching the correct zoning for a parcel of land, which fronts on South Duff
Avenue and is located between 3116 and 3206 South Duff Avenue. This parcel is 50 feet
wide and 600 feet deep. Staff discovered that this parcel of land, which is shown on the
current zoning map as zoned G-1 (General Industrial), was actually zoned a combination
of G-I, A-1(Agricultural), P-C (Planned Commercial), and R-3 (Medium-Density
Residential). The north 12 feet of the parcel is zoned G-1, the middle 33 feet is zoned A-1,
and south five (5) feet is zoned P-C and R-3. In addition it was discovered that a narrow
strip of land along the west side of Opal Drive never had been rezoned after annexation
from A-1 to G-1 and G-C as the current zoning map shows.
Therefore, it is the staff's belief that these errors upon being discovered should be
corrected. The Planning and Zoning Commission has recommended to the City Council
that the Zoning Map may be changed as per Section 29.70 of the Zoning Ordinance which
enables the Planning and Zoning Commission to initiate a recommendation that the City
Council amend the Official Zoning Map.
ANALYSIS:
Zoning District. As stated above this property is zoned a combination of P-C, R-3 and
A-1 , and staff believes these parcels should be rezoned to G-1 and G-C, which would be
consistent with the zoning of adjacent property. The parcel that is proposed to be rezoned
from A-1 to G-C is located west of Opal Drive and south of Crystal Street is actually a part
of a platted lot that is zoned G-C. This lot is in a commercial use. The majority of the
remaining strip along the west side of Opal Drive that is proposed for rezoning is in the
same ownership as the property to the west, which is zoned G-1. This eastern strip of land
is considered to be a part of that western parcel.
The 50 foot wide parcel of land, which extends from South Duff Avenue to Opal Drive and
is partially proposed for rezoning, actually has four zoning designations --- G-1, A-1 , P-C,
and R-3, although the current zoning map erroneously indicates that it is all zoned G-I.
This property is currently vacant and is being purchased by the adjacent property owner
to the north for expansion of their commercial activity. It is a narrow piece of property, and
its only likely use would be limited to expansion of activity from adjacent property.
The rezoning of the properties discussed above to G-C and G-1 would clarify what was
thought to be the zoning in the area and would be consistent with existing uses.
Existing Land Use. The uses within the immediate block where the rezoning is proposed
and which is bounded by South Duff Avenue, Crystal Street, Opal Avenue, and Jewel Drive
include: a construction office, a furniture repair business, storage units and a car wash in
the area zoned G-C; a heating, cooling and plumbing business in the area zoned G-1; an
office building and a single-family home in the area zoned P-C; and three apartment
buildings in the area zoned R-3.
There is generally commercial use and vacant land to the north of this block; single-family
and two family homes to the east of the block; proposed apartment development, a PUD
single-family attached housing, and single-family and two family homes to the south; and
vacant land, a single-family home and a cemetery to the west.
Land Use Policy Plan. The following goal and policy from the 1996 Land Use Policy Plan
(LUPP) applies to this rezoning proposal:
Goal No. 5. "It is the goal of Ames to establish a cost-effective growth pattern for
development in new areas and in a limited number of existing areas for
intensification. . . ."
Objective 5.C. "Ames seeks the continuance of development in
emerging and infill areas where there is an existing
public infrastructure and where capacity permits."
The proposed rezoning of the properties described above would be consistent with this
goal and policy. Part of the area to be rezoned is already in development consistent with
the proposed rezoning, and it is the intent to expand similar activity into the some of the
area within the 50 foot wide parcel of land that extends from South Duff Avenue to Opal
Drive.
The 1988 and 1996 LUPP maps both show a commercial designation for the entire block
where the rezonings are proposed. The proposed rezoning to G-C (General Commercial)
is consistent with that designation, but the proposed rezoning to G-1 (General Industrial)
is inconsistent with the Land Use designation, however, this request is actually a map
correction to what the zoning was believed to be in this area of the community, instead of
a wholesale rezoning. The north 12 feet of the west 600 feet of the 50 foot wide parcel that
extends from South Duff Avenue to Opal Drive is already zoned G-I. At the time that the
City adopts the new zoning ordinance, and it is applied to the ground, this area of the
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community should be reviewed along with the rest of the community, and at that time it can
be determined whether the property in this area should be rezoned to one of the new
commercial designations.
Utilities. Utilities are available to serve these properties.
STAFF COMMENTS
In general, this rezoning represents a map correction of zoning errors that have existed for
a considerable length of time. Staff discovered these errors when a request for a site plan
approval was submitted to staff. Much of this area of the City has experienced unusual
and repeated land divisions. Additionally, zoning district boundaries were located where
they did not follow property lines. When subsequent land divisions did occur and street
rights-of-way were created, the zoning district boundaries did not correspond to the
adjusted property lines. As a result, these small remnants of unzoned and incorrectly
zoned parcels became the result. This rezoning action will correct these problems.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning and Zoning Commission reviewed this request at their meeting of May 7,
1997 and recommend that this be approved.
ALTERNATIVES:
1 . The City Council can initiate and approve the rezoning of property described above
and on the attached map.
2. The City Council can deny the rezoning of the property described above and on the
attached map.
3. The City Council can initiate a rezoning for the property described above and on the
attached map with modifications.
4. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information.
RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alternative #1 .
Alternative #1 is an approval of rezoning from A-1 to G-C, from A-1 to G-I, from P-C to G-1
and from R-3 to G-1 in order to correct the Zoning Map and allow the owners of the property
to proceed with development plans.
This rezoning represents a correction to the zoning of several small parcels that have been
incorrectly zoned for some time.
Attachment
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JEWEL PARK SCALE �i°MAP
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