HomeMy WebLinkAboutA001 - Letter from Fox Engineering requesting review of status of LUP engineering January3, 2002
Honorable Mayor & City Council
City of Ames
515 Clark Avenue
Ames, Iowa 50010
RE: Brent Haverkamp's Billy Sunday Road Development
FOX Ref. No. 5224-01B.300
Dear Mayor & Council:
On the behalf of Brent Haverkamp we are requesting the City review the status
of either the Land Use Policy Plan (LUPP) or the zoning ordinance in reference
to the properties owned by Mr. Haverkamp on Billy Sunday Road. In meetings
with Staff there has been the common desire to get direction from Council prior
to review of this area. We have included an aerial map of the SE corner of
Highway 30 and Highway 69 (South Duff) with Mr. Haverkamp's property
highlighted.
Mr. Haverkamp bought the 16 acres in 1999 and subdivided into 5 lots. Billy
Sunday Road was constructed by the Developer as an assessment project
financed by the City of Ames. Though the City owns the property on the north
side of Billy Sunday, Mr. Haverkamp is paying for 100% of the assessed cost of
the road.
Y The eastern 4 lots are still owned by Mr. Haverkamp and Dickson Jensen owns
the western most lot. Mr. Haverkamp built a 3 story building on each of the
two eastern lots with some outbuildings (garages). The bottom floor is 1/2
apartments and 1/2 office space. The buildings have apartments on the top two
floors. The zoning at the time of the building construction was General
Commercial, which allowed apartments as long as 50% of the base floor was
commercial or office.
The LUPP and zoning currently have the area designated at Highway Oriented
3 Commercial. Under the LUPP and the HOC zoning the current mixed use would
y not be permitted. Mr. Haverkamp would request a LUPP and/or zoning change,
but the ordinance does not have any zoning that would allow the building type
and use as he has presently constructed. The only zoning designation that is
close is "Neighborhood Commercial", but this does not strictly apply (as the
first floor would have to be entirely commercial) and would require a reworking
of the LUPP to allow for its placement in this area.
Mr. Haverkamp's property is a unique island. To the north is the City's
property that was part of the City's wastewater treatment plant. To the east is
floodplain and the Ames Youth Sports Complex. To the south is the State of
1601 Golden Aspen Dr. Iowa's Forestry Nursery. To the west is "commercial"; Wilson Cadillac-Olds
Suite 103 and the Lions Club. Access to the site is limited to Billy Sunday Road. Access
Ames, Iowa 50010 from Highway 69 (South Duff) is not easy and traffic must take a 90 degree
1.515.233.0000 turn off a frontage road to use Billy Sunday Road. The site is not visible from
1.800.433.3469 Highway 30 or Highway 69. Only the top floors of the buildings are readily in
Fax 1.515.233.0103 view from the highways.
www.foxeng.com
info@foxeng.com
Mr. Haverkamp would like to build similar 3 story commercial/residential
buildings on the remaining eastern lots. Mr. Haverkamp has discussed the
various options to develop the area with City Staff. Changes that were
considered were revision of the LUPP to allow for a Neighborhood Commercial
Node in the area with a subsequent change in zoning. This change would
result in a long review process with minimal short term impact (due to the
public ownership in 3 directions).
The second option considered was to allow for the mixed use (residential with
commercial) as an allowed special use in the Highway Oriented Commercial
(HOC) zone. A Special Use Permit would be issued after review by Staff and
approval by Council. We believe this process would be the best method to
resolve the property's condition. We do not believe this would result in a flood
of requests for residential in an HOC zone nor would it result in degradation of
the vacant HOC ground available. We believe criteria could be established that
would limit this mixed use to appropriate areas.
The City's current ordinance does not allow Planned Unit Developments (PUDs)
allowed by the old ordinance that would have accommodated this type of
development. In the previous zoning ordinance the use of a PUD or the
allowance for residential in the G-C zone was infrequently used outside of the
campus town or downtown areas. It is therefore more appropriate to use a
Special Use Permit to address these issues as they infrequently occur.
The property in question is marginal commercial property. The property had
been available for many years prior to purchase by Mr. Haverkamp. The only
suitable use for the property was the uses created by Mr. Haverkamp. He has
unsuccessfully marketed the area for the period in which he has owned the
property. The access and visibility of the site imposes limitations to the type of
commercial development possible in that area. The visibility of this site would
not improve even if the public properties to the north and south were changed
to private ownership. The access to the site would improve only if the property
to the south changed ownership to allow for development.
Mr. Haverkamp would like to begin the remaining development in the spring of
2002. He is requesting the creation of a Special Use Permit to allow residential
over commercial in an HOC zone. He also requests that the Permit only require
a 50% commercial building coverage on the first floor as is the case with his
current buildings. With 1/2 of the first floor as residential it allows him to
separate residential & commercial uses and provide handicap accessible
apartments for the first floor residents without the addition of an expensive
elevator. A visit to the site and buildings would readily confirm this statement.
We would like any revisions to the ordinance started soon in order to allow
building in the spring of 2002. Mr. Haverkamp would like to participate in
determining a solution that is a win for both the development community and
the City of Ames.
Without a change in the ordinance the property will be undeveloped and the
current buildings will be non-conforming uses. Mr. Haverkamp (and others
before him) have marketed this property as commercial without result. The
location is truly not suited to "pure" HOC use.
Thank you for your time and consideration in this matter. We look forward to
working with Staff, Planning & Zoning Commission and City Council in this
matter.
Sincer y,
Cott aud, P.E.
Cc: Brent Haverkamp
Chair, Ames Planning & Zoning Commission
Brian O'Connell, Planning & Housing Department
Steve Schainker, City Manager
K:\!PROJ\5000\5224-01B Billy Sunday - Brent H\December 17th Letter to Council.doc
- City Clerk's Office
515 Clark Avenue,P. 0. Box 811
ca.,agPr0 Ames,IA 50010
MY Progra Phone: 515-239-5105
Eurpr;a wl se,,�« Fax: 515-239-5142
January 11, 2002
Fox Engineering
1601 Golden Aspen Drive
Ames, Iowa 50010
Attention Scott Renaud
Dear Mr. Renaud:
At their meeting of January 8, 2002, the Ames City Council referred to staff your request for a
review of the status of the City's Land Use Policy Plan (LUPP) or Zoning Ordinance pertaining to
property owned by Brent Haverkamp on Billy Sunday Road.
A copy of your request has been forwarded to Brian O'Connell, Director of Planning and Housing,
for review. You will be notified when this issue will be heard by the City Council. If you have
any questions in the interim, please contact me at 239-5105 or Mr. O'Connell at 239-5400.
Sincerely,
Diane Voss
City Clerk
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