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Historic Preservation Commission presses city for review after SEFCOD zoning change; public commenter files appeal
Summary
Public commenter Dave Carter told the Ames City Historic Preservation Commission that a zoning text amendment expanding allowable uses in the SEFCOD overlay advanced to council without HPC review; the commission voted to send a memo to city council asking for clarification and the city attorney—s opinion, and Carter said he has filed an appeal.
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The Ames City Historic Preservation Commission heard extended public comment on a zoning text amendment to the SEFCOD overlay that a resident said affects the Old Town historic district and nearby properties.
Dave Carter, who identified himself as a neighborhood resident and distributed a three-page handout, read municipal code language and said the Historic Preservation Overlay Zone is intended "to recognize the establishment of the city's local historic districts" and to ensure the commission is notified of zoning applications that could affect landmarks and districts. Carter said the Planning and Zoning Commission advanced a text amendment without a hearing before the Historic Preservation Commission and that the city council was scheduled to consider the ordinance at first reading the following day. "I have filed an appeal of the opinion given to me by the planning director," Carter said, adding he also asked the city attorney to review the relevant code sections.
Commissioners questioned why planning staff and the city attorney concluded the code requirement did not apply to a general zoning text amendment. Carter said the city attorney—s written opinion stated the amendment "was not affecting the historic district," and he urged the commission to assert its duties. Carter also said the amendment would affect "350 some properties" and that a petition opposing the change had signatures from close to 30% of those properties.
Ray, a planning/commission representative present at the meeting, told commissioners they could send a communication to the city council and noted that an appeal would go to the zoning board of adjustment in January. "You can send a communication to the city council," Ray said when asked about next steps, and staff agreed to distribute Carter—s documents (including the memo and Carter—s correspondence) to the commission.
A commission member who described on-site preservation work at 702 Clark — "I'm the person up here who knows how to swing a hammer," the member said — disclosed an affiliation with the property and stated they would recuse from any vote on that site. Another resident, Shelley Orngard of 928 Burnett, praised restoration efforts and urged commissioners to continue advocating for historic preservation in Ames: "I just want to thank you, for your work and I hope that that you will also advocate for historic preservation here in Ames."
After discussion about procedure and the need for the city attorney—s memo, the commission voted (voice vote) to send a memo to city council identifying that commissioners were made aware of the council agenda item that evening, expressing concern that the Historic Preservation Commission had not been notified or given an opportunity to review the amendment, and requesting clarification of the process. The motion to send a communication was moved, seconded, and approved.
What happens next: Carter—s appeal will proceed toward the zoning board of adjustment in January, and the commission will provide the memo to city council and seek the city attorney—s opinion and any additional records. The commission—s action is a request for clarification and does not reverse the council—s ordinance action; the transcript does not record a subsequent council decision or vote.

