HomeMy WebLinkAbout~Master - Special Meeting of the Ames City Council 11/9/1994MINUTES OF THE SPECIAL MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA NOVEMBER 9, 1994
The Ames City Council met in special session at 12:30 p.m., November 9, 1994, in the City Council
Chambers, in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the
following Council Members present: Campbell, Hoffman, Parks, and Tedesco. Coun. Brown was
absent, and Coun. Wirth arrived late.
PROPOSED INITIATED REZONING OF LAND GENERALLY LOCATED EAST OF
STONEHAVEN DRIVE AND SOUTH OF SOUTH FOURTH STREET:
Coun. Wirth arrived at 12:33.
Director of Planning and Housing Brian O'Connell described how a zoning problem was discovered
in Cooper's Second Subdivision, regarding the development approval of a 39-unit apartment building
south of South 4th Street at 428 Stonehaven Drive. He said when Staff reviewed the site plan, it was
believed that the entire lot was zoned R-4 High-Density Residential. He said the site plan was
approved based on that information, building permits were issued, and early part of construction has
begun. He said it has since been discovered that the information provided to the property owner was
in error. He said the property is actually divided into two different zoning districts, R-4 and A-1
Agricultural. He said while apartment buildings and accessory uses such as parking lots are
permitted in the R-4 district, they are not permitted in the A-1 Agricultural district. He said the
problems with the site plan as approved are twofold: 1) The number of units being constructed
exceeds the number of units allowed based on the area calculation of the area zoned R-4, and 2) The
location of most of the parking lot is in the area of the lot zoned A-1 Agricultural. He said Staff felt
there was a significant responsibility on the part of the City to solve the problem, because the
applicant relied on information received from City staff during the approval process.
Mr. O'Connell reviewed four options Staff has identified as possible solutions to this problem: 1)
Leave the zoning designations as they are, and make the property owner take whatever corrective
actions are necessary to bring this area into compliance with the zoning ordinance as it currently
exists 2) Direct that the property owner seek variances from the Zoning Board of Adjustment 3)
Rezone the subject property totally to R-4, thus solving the density and parking problem, 4) Rezone
a larger area of the Cooper's Second Subdivision where there are similar circumstances of a zoning
district boundary dividing the ownership of a property.
Mr. O'Connell said much of the subject property and the surrounding area are also zoned Flood
Plain, through the City's Flood Plain Overlay Program. He said the site plan design places all
structures outside the A-1 Agricultural zone and the Flood Way zones; and the proposed parking,
in what is now the Agricultural Zoned area, is a permissible use in the Flood Way zone. He said
because of the circumstances that exist in this area, Staff believes a larger rezoning in the Cooper's
Second Subdivision is the proper course to take.
Coun. Tedesco asked how the matter came to Staff's attention, and Mr. Connell replied that a
neighboring landowner brought it to the City's attention.
Coun. Tedesco asked the procedure for site plan development. Mr. O'Connell explained that
oftentimes zoning information is given in advance of a site plan, and the plan is then developed on
reliance of that information received from City staff.
Coun. Hoffman asked if that information was not checked out by the property owners' attorney at
the time of sale, i.e., whether it appeared on the title abstract. Mr. O'Connell said it was his
understanding that a title search was done on this property and that the actual abstract had the area
zoned R-3. He said he had only recently been made aware that zoning designation appeared on the
abstract.
There was discussion of other undeveloped properties that might be included if Council initiated
rezoning a larger area of the Cooper's Second Subdivision.
Mayor Curtis noted the discussion at this meeting should be limited to only what should be proposed
for the rezoning hearing, not the merits of the issue.
Scott Shriver, 2143 Friley Road, said his family owns the South Meadow Apartments and land south
of South Fifth Street. He said if the Council considers a rezoning in this area, they would like to
have their land, to the east of the subject property, considered as well.
Kent Cooper, 909 Brookridge Avenue, said he was a partial developer of this piece of ground. He
said the property was developed within the guidelines presented at the time regarding floodplains
and floodways. He said the goal was to provide a subdivision which would have everything out of
the floodplain. He said there should not be a hearing on this matter.
Dickson Jensen, 2024 Prairie View East, said he was the representative of the owners and had
communicated with Staff while following the procedures associated with this project. He said
everything had been done totally to procedure. He said they had communicated with Staff regarding
what the zoning was. He said while the R-3 zoning on the abstract would still have allowed them
to proceed with their plan, the Agricultural did not. He said they have spent a considerable amount
of money on the project to this point, and if they have to restructure the project, it would have major
implications.
Coun. Hoffman said the land obviously wasn't zoned either all R-3 or R-4. She said somehow,
something went wrong in addition to the problem with the City.
Mr. Jensen said he felt the problem was that the zoning line was arbitrarily and argumentatively
placed.
There was discussion regarding the City's comprehensive Zoning Map and City Attorney John Klaus
explained the process for adoption of zoning lines and districts.
Brent Haverkamp, 1609 Clark, said he was one of the owners of the subject property. He described
the process they have gone through to try to trace the zoning of this area, and said he considered the
zoning line to be vague.
Coun. Tedesco asked whether they investigated the zoning of this property when they purchased it.
Mr. Haverkamp said they were told the entire piece was zoned R-4.
Coun. Parks said he felt a substantial policy question was involved, regarding whether the Council
wishes to zone any type of construction in the flood plain and the floodway. Coun. Tedesco said
he felt the Council then needed to look at a broader picture than just this lot.
Coun. Parks said he realized there was an urgency to this matter, and while he could appreciate the
fact that the owners felt the City has given inaccurate information regarding this property, he felt
that was a separate issue. He said he would not support having a public hearing on this matter next
week. He said he felt the hearing should be held at a regularly-scheduled meeting, and that the issue
be fully developed as a policy issue.
Motion by Campbell, Second by Wirth, to set November 17, 1994 as date of
public hearing on rezoning the larger area within Cooper's Second Subdivision.
Coun. Campbell said she felt this issue was of urgency and noted it had come up at the last minute.
She said she felt the one-week time period would allow adequate time to respond to questions that
might be raised.
Coun. Parks said he felt there were people who would be involved in this process yet would not have
the time to research this issue in a one-week time period. He said he would support a hearing on
November 22, 1994.
Coun. Tedesco said he felt the broader perspective should be looked at in a normal procedure.
Coun. Hoffman said she too felt this issue was a policy decision, not a decision to be made on one
lot or on several pieces of land.
Vote on Motion: 2-3. Voting Aye: Campbell, Wirth. Voting Nay:
Hoffman, Parks, Tedesco. Motion declared failed 2-3.
Motion by Parks, Second by Tedesco, to set November 22, 1994 at 7:00
p.m. as date of public hearing on rezoning the larger area within Cooper's Second Subdivision
from A-1 Agricultural to R-4 (High-Density Residential).
Vote on Motion: 5-0. Motion declared carried unanimously.
COMMENTS: Coun. Campbell said she would like to comment on the Congressional race for the
61st District, and said she felt it was one of the best-run races in the recent election.
ADJOURNMENT: The meeting adjourned at 1:05 p.m.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor