HomeMy WebLinkAboutA001 - Council Action Form dated August 26, 1987 1
ITEM#: G-
DATE: 08/26/97
COUNCIL ACTION FORM
SUBJECT: RESOLUTION APPROVING THE VOLUNTARY ANNEXATION AND A
MOTION APPROVING THE REZONING OF 96.61 GROSS ACRES (95.80 NET ACRES)
OF LAND AND THE ADJACENT PORTION OF THE UNION PACIFIC RAILROAD
RIGHT-OF-WAY FROM A-1 (AGRICULTURAL, STORY COUNTY) TO P-1 (PLANNED
INDUSTRIAL), LOCATED EAST OF INTERSTATE 35, SOUTH OF EAST 13TH STREET
AND NORTH OF THE SOUTH LINE OF THE UNION PACIFIC RAILROAD
RIGHT-OF-WAY.
ACTION FORM SUMMARY: This is a request to annex and rezone 95.80 net acres
(96.61 gross acres) of land and the adjacent portion of the Union Pacific Railroad right-of-
way located east of 1-35 and south of East 13th Street as part of the potential development
of a regional industrial land use.
Approval of this request is recommended.
BACKGROUND:
The applicants are requesting that the City annex and rezone 95.80 net acres of land and
the adjacent portion of the Union Pacific Railroad right-of-way, as described above. The
applicants, Barilla America, Inc., a large food processing corporation, have indicated a
potential of developing a very large food processing facility on the tract of land immediately
south of the Union Pacific Railroad south of the area for which they are seeking
annexation. The applicant has indicated a desire to annex the proposed 95.8 acres for the
purposes of potential future expansion of their food processing activities, and also a desire
to simply control the land area adjacent to their main complex.
A plat showing the subject property is attached. In addition to the property that is being
requested for annexation by the applicant, the annexation also involves annexing a small
segment of the railroad right-of-way of the Union Pacific Railroad. Changes in the State
annexation laws enable cities to annex small parcels of property where the owners of the
property have not petitioned for annexation. This occurs when the small parcel represents
an area that is less than 20% of the area for which a voluntary petition for annexation has
occurred, and also meets the requirements of being adjacent to city limits.
The subject property is located inside of the boundaries of the "New Lands" area as
indicated in the "Draft" 1996 Land Use Policy Plan.
ANALYSIS:
Zoning District. The subject property is located in Story County and is presently zoned
as A-1 (Agricultural).
1988 Land Use Policy Plan (LUPP). The following goals and policies of the 1988 Land
Use Policy Plan (LUPP) apply to this request for annexation and rezoning.
Industrial:
Community Priority
Provide an adequate supply of industrial land that has the infrastructure system available
in order to attract industrial development.
• The proposed annexation and rezoning of the subject property would provide and
industrial site location with attributes for a regional industrial use that are not currently
available at other industrial sites in the community.
Goal D.1.
To create an atmosphere favorable to the industrial growth and expansion necessary to
diversify and solidify the economic tax base of the community.
• Annexation and rezoning of the subject property for development by an industrial
land use will contribute to a favorable atmosphere for industrial growth and will assist
in solidifying the economic tax base of the community. This land will provide an
industrial location for industries that require immediate access to railroad and
interstate highway facilities.
Industrial Reserve:
The 1988 Land Use Policy Plan of the City indicated that industrial land resources are to
be located in two categories. The first category identifies areas that are expected to
develop by the year 2000. The second category involves an area east of 1-35, which is
designated as Industrial Reserve. The Plan indicates that the industrial reserve should
develop only as a result of two circumstances.
1. The land area west of 1-35 has been almost built out.
2. A development proposal to build on the east side of 1-35 is cost effective from
the standpoint of extending Municipal infrastructure.
1996 Land Use Policy Plan (Adopted in Draft). The following goals and policies of the
1996 Land Use Policy Plan (LUPP) apply to this request for annexation and rezoning.
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Goal No. 1
"...to plan for and manage growth within the context of the community's capacity and
preferences. ...to manage its growth so that it is more sustainable, predictable and assures
quality of life."
• Providing for industrial development on the subject property will create expanded
employment opportunities, thus serving to improve the quality of life for the
respective employees.
Additionally, representatives for Barilla America, Inc., have worked with staff to prepare an
agreement that specifies the responsibilities of Barilla America Inc., and the City regarding
the development of the tract of land south of the subject property. This agreement
indicates that Barilla America, Inc. will be responsible for pretreatment of waste water in
the event the attributes of the waste water exceed the treatment standards of the City's
waste treatment plant. This provision in the agreement has been developed to assure the
City that the waste generation from Barilla America, Inc. will not exceed the treatment
capacity of the City's waste treatment plant. Since it is not clear what the actual use of the
subject property will be, it is staffs recommendation that similar agreements be developed
between Barilla America, Inc. and the City of Ames as part of the zoning and site plan
approval process of the City in the future.
Objective 1A.
"...diversify the economy and create a more regional employment and market base. While
continuing to support its existing economic activities, the community seeks to broaden the
range of private and public investment."
• By making the subject property available for industrial development, the City is
diversifying the economy and enhancing the opportunities for the regional
employment base in the industrial job sector. This also creates a new and expanded
opportunity for private industrial investment.
Goal No. 2
"...assure the adequate provision and availability of developable land."
• Annexation and rezoning of the subject property to P-1 (Planned Industrial) will make
additional land resources available with provisions for the extension of utilities. This will
add 95.8 acres to the existing 137 acres that constitutes the regional scale industrial land
resource as designated in the "Draft" 1996 Land Use Policy Plan. As a result of this
annexation, all of the proposed regional Planned Industrial land resource will now be
within the City limits, and thus more readily available for development.
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Objective 2A.
"...provide between 3,000 and 3,500 acres of additional developable land within the
present City and Planning Area by the year 2030. ...alternate sources shall be sought by
the community through limited intensification of existing areas while concentrating on the
annexation and development of new areas. The use of existing and new areas should be
selective rather than general."
• Annexation of the subject property will contribute 96.61 acres of and toward the
amount of land needed for development by the year 2030. Annexation of the subject
property is selective in that the use designated for this property is planned industrial.
Objective 2B.
"...assure the availability of sufficient suitable land resources to accommodate the range
of land uses that are planned to meet growth."
• The 1996 LUPP recommends that much of the new industrial uses be associated
with planned industrial parks. These planned industrial parks should be located in
conjunction with a limited-access highway. A limited-access highway location
provides adequate ingress and egress for the regional scale activities without
imposing the associated extraneous traffic on the community's internal traffic system.
The interchange of Interstate 35 and 13th Street is recommended as the primary
location for planned industrial growth.
Utilities.
Water. At present, there is no Municipal water infrastructure available to the site.
It is proposed that a 12-inch water main will be extended through the
subject property as part of a water main extension for the development
of the property that is south of the subject property. This water main
extension will create a looped water system for the first phase of the
proposed Barilla development.
Sanitary Sewer.At present, there is no Municipal sanitary sewer available to the site.
It is proposed that a 12-inch sanitary sewer be extended in the future
when a request for development is made to the City. The responsibility
for the extension of this 12-inch sanitary sewer must be negotiated prior
to the City's issuance of zoning and building permits.
Rural Water Service. The area east of 1-35 is included within the service area of the
Central Iowa Water Association (CIWA). CIWA has previously established the right to
serve the subject property and presently provides water service to a farmstead on the
subject property. Annexation of the property will affect the future right of CIWA to provide
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rural water service at this location. There is a provision in the Code of Iowa that requires
that a rural water district be compensated when a city annexes land that was previously
in a service area of a rural water district. Further, it requires that there be an agreement
between the rural water district and the City regarding the compensation. Central Iowa
Water Association has indicated that the amount of compensation they believe should be
paid to them is $7,268. The Ames Economic Development Commission has agreed to pay
this compensation since it has been the position of the City to try and create a series of
financial incentives to attract Barilla America, Inc. to the City of Ames. In general, it is
staff's belief that the responsibility to compensate a rural water district when the City
annexes land should be the property owner requesting the annexation. Staff believes this
is the appropriate policy for the City Council to establish.
Fire Department Response Time. The estimated Fire Department response time is 4.10
minutes to the intersection of East 13th Street and 1-35. Five (5) minutes is the standard
that the Fire Service uses for fire and first aid response.
Access/Traffic Impact. The exact use of the subject property is not known, at this time.
Once development occurs, access to the subject property will be from East 13th Street.
It is recommended that a traffic study prepared by a competent professional be prepared
as part of the issuance of zoning and building permits on the subject property.
Rezoning. Section 29.4 of the Municipal Code indicates that newly annexed territory shall
be zoned A-1 (Agricultural) until a rezoning occurs, which is in accordance with the Land
Use Policy Plan of the City. The applicant has requested that the subject property be
rezoned from A-1 (Agricultural, Story County) to P-1 (Planned Industrial). In reviewing both
the 1988 Land Use Policy Plan and the "Draft" 1996 Land Use Policy Plan, the request for
Planned Industrial (P-1) zoning is consistent with the Land Use Policy Plan of the City.
Since it is not certain that Barilla America, Inc. will ultimately locate in the City of
Ames, a decision to rezone the subject property in advance of a commitment to
locate in Ames is premature. Therefore, staff advises that the ordinance approving
the rezoning not be adopted on third reading until Barilla America, Inc. has made a
firm commitment to locate in Ames.
STAFF COMMENTS:
In reviewing the request for annexation, staff believes that the request of the subject
property is consistent with the 1988 Land Use Policy Plan and the "Draft" 1996 Land Use
Policy Plan. The 1988 plan indicates this area as being part of the area designated as
Industrial Reserve, and staff believes that the potential development of this property by
Barilla, America, Inc. creates a situation where it is cost effective to invest in infrastructure
on the east side of 1-35.
The "Draft" 1996 Land Use Policy Plan indicates this as being part of the City's regional
Planned Industrial land resource area. It is staffs belief that the potential development of
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this subject property by Barilla America, Inc. constitutes a regional land use.
Since Barilla America, Inc. has not conclusively determined that they will come to
the City of Ames, the potential exists that this property may be annexed and not be
developed by Barilla America, Inc. This potential circumstance is not problematic
since the annexation of this property will better enable the City to manage this land
resource for future regional industrial development.
The request to rezone this property from A-1 (Agricultural, Story County) to P-1 (Planned
Industrial) is also consistent with both the 1988 and the "Draft" 1996 Land Use Policy Plan.
Since it is uncertain that Barilla America, Inc. will locate in Ames, the adoption of the
rezoning of this property should not occur until a commitment to locate in Ames has
been obtained from Barilla America, Inc.
City staff believe the annexation and rezoning of the subject property to P-1 (Planned
Industrial) is consistent with the 1988 Land Use Policy Plan and the 1996 Land Use Policy
Plan (adopted in draft).
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed this request at their meeting of August 20,
1997 and recommended that the request for annexation and rezoning be approved.
ALTERNATIVES:
1. The City Council can approve this request to annex and rezone 96.61 gross acres
of land and the adjacent portion of the Union Pacific Railroad right-of-way from A-1
(Agricultural, Story County) to P-1 (Planned Industrial), located east of Interstate 35,
south of East 13th Street and north of the south line of the Union Pacific Railroad
right-of-way.
2. The City Council can approve this request to annex and rezone 96.61 gross acres
of land and the adjacent portion of the Union Pacific Railroad right-of-way from A-1
(Agricultural, Story County) to P-1 (Planned Industrial), located east of Interstate 35,
south of East 13th Street and north of the south line of the Union Pacific Railroad
right-of-way conditioned upon Barilla America, Inc. coming to the City of Ames.
3.. The City Council can deny this request to annex and rezone 96.61 gross acres of
land and the adjacent portion of the Union Pacific Railroad right-of-way from A-1
(Agricultural, Story County) to P-1 (Planned Industrial), located east of Interstate 35,
south of East 13th Street and north of the south line of the Union Pacific Railroad
right-of-way.
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4. The City Council can approve this request to annex and rezone 96.61 gross acres
of land and the adjacent portion of the Union Pacific Railroad right-of-way from A-1
(Agricultural, Story County) to P-1 (Planned Industrial), located east of Interstate 35,
south of East 13th Street and north of the south line of the Union Pacific Railroad
right-of-way, with modifications.
5. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information.
RECOMMENDED ACTION:
It is recommended that Alternative #1 be adopted. Alternative #1 is approval of this
request to annex and rezone 96.61 gross acres of land. Since Barilla America, Inc. has
not conclusively determined that they will come to the City of Ames, the potential exists that
this property may be annexed and not be developed by Barilla America, Inc. This potential
circumstance is not problematic since the annexation of this property will better enable the
City to manage this land resource for future regional industrial development.
Also, since it is uncertain that Barilla America, Inc. will locate in Ames, the adoption
of the ordinance on third reading rezoning this property should not occur until a
commitment to locate in Ames has been obtained from Barilla America, Inc. In the
event that Barilla America, Inc. would not select Ames as their future location, the
zoning of this property, which will be annexed to the City, should remain
Agricultural.
Attachment
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7
ExistingLand Use I" =SCALE ' GIS MAP
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