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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 2 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 h\bpo\caf\jewe1.513 3 JEWEL PARK SCALE �i°MAP 1" = 150' Prepared by the REZONING °� 0' 37.5' 75' 150, Planning & Housing A-1 Agricultural R-3 Medium Residential G-C General Industrial G-C General Commercial 0 Subject Area P-C Planned Commercial I _ D90 OBO I o7o Deo 6 5 460 0 N m Of0 020 9 f 12 11 10 W Z 221 301 307 313 w CRYSTAL STREET Q112 204 220 304 31.0 LL 015 {335 0?5 pip of0 020 030 i 2 W Cn s Of0 020 030 J i 2 3 Q a .. O 451 303 07 3i5 t1 D �� 302 30B 314 7 7' FomA- cx�From P- to G-I 1 H 1 17 F to -I 2 23 O60 0 040 030 010 020 N p 20o Rm3 From R-3 t G-1 2 _ O 105 ffi 203 DID JEWEL DRIVE 301 307 321 0 000 306 150 010 �. C i 2 0 P20 020 m m 0 m ^� O 140 N O MITI f1T 4 i I 1 U" i Wit`=s7- / y Tl��7-6 5� %_ T 4z 2,56 I 14 7-0 4 G S o �' L o 7- If � � A L,, of T'G,,s /f�'L-/4. r o 5/ Di= .5 u 3 /6,/ S/o,-v T'a 4--r,e s I i' .ESL I! / �`,-z1? 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