The URL can be used to link to this page

Home My WebLink AboutA003 - FMSAutoLoad: 8/7/2014 10:35:26 AMCouncil Action form dated June 12, 2007 t ITEM #: ✓mow DATE: 06/12/07 COUNCIL ACTION FORM SUBJECT: REZONING OF A PORTION OF THE LAND LOCATED AT 1400 SOUTH BELL AVENUE IN OUTLOT `W', DAYTON PARK SUBDIVISION, 4TH ADDITION, FROM "A" (AGRICULTURAL) TO "GI" (GENERAL INDUSTRIAL) Request. The applicant is requesting the rezoning of a portion of the land in Outlot `W', Dayton Park Subdivision, 4th Addition from "A" (Agricultural) to "GI" (General Industrial). Applicant/Property Owner. Dean Hunziker, Dayton Park LLC BACKGROUND: Proposal. The land proposed for rezoning includes 1.11 acres of vacant land that is a triangular-shaped parcel contained within a much larger outlot. This is Outlot `W', which includes 29.54 acres and was created by the Final Plat of Dayton Park Subdivision, 4th Addition. The majority of Outlot `W' is zoned as "GI" (General Industrial). The western one-third of Outlot `W' is zoned as "A" (Agricultural). The applicant proposes that the dividing line between the "GI" (General Industrial) zone and the "A" (Agricultural) zone in Outlot `W' be moved to follow the west lot lines for proposed Lots 3 and 4, as shown on the approved Preliminary Plat for Dayton Park Subdivision, 5th Addition. This change would then apply "GI" zoning to the entire land area in Lots 3 and 4. The property is currently vacant and unbuildable due to the "Outlot" designation on this site. A Preliminary Plat for Dayton Park Subdivision, 5th Addition was approved by the City Council (Resolution No. 06-201)on May 23, 2006. The Preliminary Plat divides Outlot `W' into four buildable lots and an extension of South Bell Avenue to provide access to the four lots. There were five stipulations for approval of the Preliminary Plat. One of the stipulations addressed the rezoning of property in the proposed Dayton Park Subdivision, 5th Addition, as follows: Stipulation No. 5: "As a condition of approval of the Preliminary Plat, the portion of Lots 3 and 4, zoned as "A" (Agricultural) must be rezoned to "GI" (General Industrial); the developer must submit a request for rezoning to change the zoning designation of the west portion of Lots 3 and 4, and such rezonin_g must be approved at the time of approval of the Final Plat." Given Stipulation No. 5 in the approval of the Preliminary Plat, the City Council cannot act on the rezoning request without taking action to approve the Final Plat of Dayton Park Subdivision, 5th Addition at the same meeting. The rezoning request may proceed to the City Council for a public hearing and the first reading of the ordinance, followed by a second reading of the ordinance at the next Council meeting. However, the Final Plat must be considered at the same City Council meeting as the third reading of the ordinance to rezone the land from "A"to "GI". If the Final Plat is not ready for City Council consideration at that time, the rezoning request cannot be approved and meet Stipulation No. 5 in the resolution approving the Preliminary Plat. Recommendation of the Planning & Zoning Commission. At its meeting of May 16, 2007, with a vote of 4-0, the Planning and Zoning Commission recommended approval of the rezoning of 1.11 acres of land in Outlot `W', Dayton Park Subdivision, 4th Addition, from "A" (Agricultural) to "GI" (General Industrial), with the following stipulations: A. That the rezoning not become effective until such time that the Final Plat for Dayton Park Subdivision, 5th Addition is recorded by the Story County Recorder's Office. B. That the Council's recommendation is subject to submittal of a complete Final Plat application for Dayton Park Subdivision, 51h Addition by May 21, 2007, or the granting of a one-year time extension by the City Council for the validity of the Preliminary Plat for Dayton Park Subdivision, 5th Addition. Final Plat Submittal. The applicant submitted a Final Plat for Dayton Park Subdivision, 5th Addition on May 21, 2007. Stipulation "B", included in the recommendation of the Planning and Zoning Commission, is no longer necessary. A new Stipulation "B" is needed to assure that the Final Plat is filed with the Story County Recorder's Office within a reasonable length of time, since the "GI" zoning will not become effective until the Final Plat is filed of record. Ninety (90) days is recommended as a reasonable length of time to record the Final Plat. ALTERNATIVES: 1 . The City Council can approve the rezoning of 1.11 acres of land in Outlot`W', Dayton Park Subdivision, 4th Addition from "A" (Agricultural) to "GI" (General Industrial). 2. The City Council can deny the rezoning of 1.11 acres of land in Outlot `W', Dayton Park Subdivision, 4th Addition from "A" (Agricultural) to "GI" (General Industrial). 3. Action on this request can be postponed and referred back to City staff and/or the applicant for additional information. 2 MANAGER'S RECOMMENDED ACTION: The proposed rezoning is consistent with the stipulation placed upon the approval of the Preliminary Plat for Dayton Park Subdivision, 5th Addition by the City Council. The stipulations for approval, as recommended by the Planning and Zoning Commission, will not be necessary provided this rezoning is approved at the same City Council meeting as the Final Plat for Dayton Park Subdivision, 5th Addition. Therefore, it is the recommendation of the City Council that the City Council approve Alternative No. 1. This is a recommendation for approval of the proposed rezoning of 1.11 acres of land in Outlot `W', Dayton Park Subdivision, 4th Addition from "A" (Agricultural) to "GI" (General Industrial). 3 QA, a > M i Z J Q } 2 m I INCOLN HIGHWAY E LINCOLN WAY UL rr , _ t r r r GRAHAM S'T ern w Q J W W w 0 Q L t W -.. SE 5TH ST Q J W J Q Z N DEERE ST w > BROWNING�STY ; y" Subject J Area �y SHADY GROVE LN ;> F ' i SE 16TH.S,T DJ77E, `f -ST" US HIGHWAY 30_� : I- US HIGHWAY 30 � AY30 � US HI GHW- r 7 � w w > f F ZI U) z 0 w Ln in, 245TH ST'.., i Location Map N Rezoning of a Portion of Outlot 'W' Dayton Park Subdivision, 4th Additionb 0 1,300 2,600 5,200 Feet _____________- 3 Ss 6p FZ a I I - S6 66.9`N - IW -- I ' I i I �1 I I � ' I• Ivl � I I I i I � ` L JO JO F z cWi m �� t• —f�v, F 4-1 LO U ' I . m n ,00Z6Z 3„bZ,b0�Of7N I' ' . I _ ----+- --b0 00N � • of ii IB.�� .�'" - r. O N b --- —� ' W ! - -`�- --- ----- - --------------- T - ---- 3„ Z b0 OON, I L 70 m35 '15 ,07. /O G I �O � �II W OZ JO W � Mai -'=y1a u -FD CO Lo— CD " I \W ^ f' ��r 50 •19't 9„c 3 9.5 - �•');db - {,� V J \ �z�g!'7'9't 9,E 33 7 9'1 673.60' 509. 9„E 6yor'b o j P' I Eil U co 3 Q a � oy J W 'LL m o aN m �- ¢ < p N O NCWiZ Om � =<W CD- Zo ¢ p� N I O� �¢¢ m O BM � N 0 p J Z O V1 O < LL ,Sf'L59 M„bZ,b0„005 ¢ a d < O ¢ d °- d o o U p C O �p O a ,O S-GA Q � _ S=GAUJ w z m Z: }' = E LINCnLN WAY _� �' LINCOLN HIGHWAY w F a I —1p FTJ w z GI I IGRAHAM ST r�i Li w w Of w` > -J W SE 5TH:ST1:h 15 w �- > Z LU a z Ln DEERE ST �� BR°WNING T Subject w A 0,:. �P Q RLP N Area �' SHgpy GROVE LN A A HOC .:�,;. H.O.0 SE fiTH ST 1 241 ST=S US HIGHWAY 30 US'HIGNWAY US HIGHWAY 30 30 A M r a JL-ut F z N Q W F } w � O Z N 245TH-ST 245TH'S Current Zoning Ma N Rezoning of a Portion of Outlot 'W >ar} } Dayton Park Subdivision, 4th Addition 1,300 2,600 5,200 Y' Feet N W F„ Z O W 0 U E LINCOLN WAY w'�wwww rrrw LINCOLN HIGHWAY Q .... F-, rY■ Wr �-r Zr GRAHAM ST M w w �z W LLJLU Q x SE 5TH ST Q w LU j fN N o UJLn m r r BEE ST > w BROWNING ST Subject J r COLT ST Area �SHAUY GROV _ S' E LN N� w r r w w r w w r r ♦♦ ®�■rrrrwrr SE16TH:STT •www■rifrrrrw _G ..... US HIGHWAY 30 US HIGHWAY 30 241 ST S� US HIGHWAY 30 w ,l) x �.wwrwwwrrrrrr r®r a ,k(� FLLJ is a >1 F a Q Z N All % a y r �y ®♦N a 245TH ST 245TH. LUPP Map N Rezoning of a Portion of Outlot 'W' � rr Dayton Park Subdivision, 4th Addition ' 1,300 2,600 5,200 Feet