HomeMy WebLinkAboutA001 - Council Action Form dated May 8, 2018 ITEM #: 57
DATE: 05-08-18
COUNCIL ACTION FORM
REQUEST: Rezone from "HOC" (Highway-Oriented Commercial) to "A" (Agricultural)
for a property located at 3507 South Duff Avenue.
BACKGROUND:
In June of 2017 the Ames City Council approved rezoning approximately 3.03 acres at
3505 South Duff Avenue from "A" Agricultural Zone to "HOC" High-Oriented
Commercial for the Ames Pentecostal Church. During this process a legal description
was provided that defined the area to be rezoned. The legal description was intended to
describe only the property at 3505 South Duff occupied by Ames Pentecostal Church.
However, staff recently discovered that the legal description also included the
property to the immediate south of Ames Pentecostal Church (3507 South Duff
Avenue), which caused that property to also be rezoned to Highway-Oriented
Commercial as well. Including this property in the rezoning action was not
intended during the rezoning process nor did the property owner consent to be
rezoned.
The Planning & Housing Department is requesting this rezoning on behalf of the owner
of 3507 South Duff Avenue. Planning staff has contacted the owner of the property
explained what. has happened and informed them of the process of correcting the
matter. The site at 3507 South Duff is approximately 2.11 acres and contains a single
family residential home along with a small accessory structure. The property has been
zoned Agricultural since its annexation into the City in the early 1970's. The property
has no direct access or frontage on South Duff Avenue but the property owner does
have an access easement agreement with Ames Pentecostal Church for access to the
property.
The ordinance that was approved by City Council approving the rezoning of the Ames
Pentecostal Church was recorded with the Story County Recorder's Office. Staff views
the correct way to resolve the matter is to initiate new rezoning of 3507 South
Duff Avenue from Highway-Oriented Commercial "HOC" to Agricultural "A". This
will create a separate ordinance that rezones this property back to its correct
zoning designation. Given that the initial rezoning of this property was not.intended
and that the proposed rezoning is to re-establish the zoning that has been in place here
for several decades, there are no land use or surrounding land use issues to consider.
The Planning and Zoning Commission reviewed the request on April 18t" and voted 5-0
to recommend the City Council change the zoning for the property at 3507 South Duff
Avenue to Agricultural.
Public Notice. Notice was mailed to property owners within 200 feet of the subject site.
As of this writing, no comments have been received.
ALTERNATIVES:
1. The City Council can :approve the request for rezoning from "HOC" (Highway-
Oriented Commercial Zone) to "A" (Agricultural Zone) for the property located at
3507 South Duff Avenue, based upon staffs analysis.
2. The City Council can deny the request for rezoning of the property located at 3507
South Duff Avenue, if the Council finds that the request is not consistent with the
City's regulations and policies.
3. The City Council can defer action on this request and refer it back to City staff and/or
the applicant for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
The rezoning of the property at 3505 South Duff in May of 2017 inadvertently
included the property at 3507 South Duff in error as there was no intention or
request to include the property in the rezoning from Agricultural to Highway-
Oriented Commercial. Staff views the action as an error in the legal description
provided and as such views the rezoning of 3507 South Duff from Highway-Oriented
Commercial to Agricultural as a mistaken rezoning that was not intended. Although
the underlying land use designation supports Highway Oriented Commercial
Zoning, the agricultural zoning is appropriate for the current condition of the
property and to meet the interest of the property owner.
Therefore, it is the recommendation of the City Manager that the City Council act in
accordance with Alternative #1, which is to approve the request for rezoning of the
property, located at 3507 South Duff Avenue, from "HOC" (Highway-Oriented
Commercial) to "A" (Agricultural Density) as depicted in Attachment B.
Attachment A
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