HomeMy WebLinkAboutA001 - Council Action Form dated October 20, 1987 ITEM #:
i DATE: 10 0 7
COUNCIL ACTION FORM
SUBJECT: ,
Motion to Set November 10, 1987, as the Date of Public Hearing to
Consider Rezoning Two Blocks East of Duff Avenue to Concentrated
Commercial.
BACKGROUND:
The applicants (including Melvin Hanson, Dorothy Reese, Dennis Hokel,
Dave Fitz, Audrey Rickets, Dave Kepley, Anna Allan, Wendall Allan) have
requested that the property legally described as Blocks 15 and 16, Bornes
Addition and Lot 7, Block C, Bornes Second Addition be rezoned from G-C
(General Commercial) to C-C (Concentrated Commercial). (A copy of a
map showing the area requested for rezoning is attached. )
• The area in question contains 3.88 acres and is bounded on the north,
east, and south by property that is zoned G-I (General Industrial). The
property to the west, across Duff Avenue is zoned C-C (Concentrated
Commercial).
Public utilities in the area include:
Water: There is a sixteen-inch (1611) main in East Third Street; an
eight-inch (811) main in Duff Avenue; a six-inch (6") main in Des
Moines Avenue; a four-inch (4") main in East Avenue; and an
eight-inch (811) main in East Second Street.
Sanitary Sewer: Sanitary sewer is available; there is an eight-inch
(8") line in Duff Avenue, an eight-inch (811) line in Des Moines
Avenue, an eight-inch (8") line in East Avenue, and an eight-inch
(811) line in East Second Street east of Des Moines Avenue.
Storm Sewer: Storm sewer is available in Duff Avenue; there is a
ten-inch (1011) line in East Second Street and a ten-inch (1011) line in
East Avenue.
Vehicular access is provided by East Third Street, East Second Street,
Duff Avenue, East Avenue, and Des Moines Avenue.
Physical characteristics of the area can be described as follows. This area
is developed with a construction office and construction yard, a lumber
• yard and exterior storage, two hardware-type businesses, an auto repair
business, an electrical contractor, an electric repair business, and a
veterinarian. These uses tend to be of a heavy commercial nature.
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Parking is provided in a perpendicular manner off of East Second Street, •
Des Moines Avenue, and East Third Street. In addition, some off-street
parking is provided as noted on the attached "Existing Conditions" map.
Most of the existing buildings in the study area do not meet current
Setback requirements in the G-C (General Commercial) zoning district.
(See attached map showing "Existing Conditions" for the approximate
building locations. ) The required setbacks in the G-C (General
Commercial) district are:
Front yard -- 20 feet
Side yard -- 5 feet with a minimum of 15 feet between structures
Rear yard -- 10 feet
A minimum lot width of 50 feet is also required in the G-C (General
Commercial) zoning district.
In comparison, in the C-C (Concentrated Commercial) district, there are
no setback requirements, and there is no minimum lot width, except for a
mixed-use residential/commercial structure which requires a 25 foot lot
width.
ANALYSIS:
The staff has prepared three study maps to help evaluate the proposed
rezoning of the two blocks bounded by East Third Street, East Avenue,
Fast Second Street, and Duff Avenue, plus one lot on the northeast corner
of East Avenue and East Second Street. The first map shows "Existing
Conditions", including current land use and existing building coverage of
the parcels. The land uses in this area are consistent with the type of
land uses generally found in a G-C (General Commercial) district or G-I
(General Industrial) district. Many of these uses involve outdoor storage
of materials and equipment (e.g. the lumber yard, the construction yard,
and the auto body repair business). These types of uses of the land are
dissimilar from the types of uses found in the C-C (Concentrated
Commercial) district. Concentrated Commercial uses include: all types of
retail uses, restaurants, and personal service establishments. These uses
are located in structures that are close together since no set-backs or
off-street parking are required. Exterior storage and warehousing are
generally not the type of uses that are appropriate in a C-C (Concentrated
Commercial) area.
As can be seen on the "Existing Conditions" map, most of the existing
structures in the area do not meet current setback requirements for the
G-C (General Commercial) zoning district. In fact, many of the buildings
are built up to the property line which is similar to the way structures
can be built in the C-C (Concentrated Commercial) zoning district where
no setbacks are required. However, any new structures or additions to
existing structures in this area have to meet the setback requirements of
the G-C (General Commercial) zoning district. A study map has been •
prepared showing a representation of the buildable area within the
required setbacks in the G-C (General Commercial) zoning district. The
buildable area shown on the map is based upon the current lot ownership
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pattern in the area (Refer to "Ownership Patterns" map and the "Buildable
Area Within Setbacks" map that are attached.) As can be seen on these
maps, the buildable area is more severely limited in the block located
between Duff Avenue and Des Moines Avenue, while the buildable area is
much more extensive east of Des Moines Avenue. The small buildable area
west of Des Moines Avenue is due to the shallow, narrow lots along Duff
Avenue. These lots were platted with 25 foot widths, and they are only
100 feet deep. Since they are through lots, they are further restricted
because they must hold front yard setbacks of 20 feet from both Duff
Avenue and Des Moines Avenue. This lot layout is similar to the
subdivision of lots along Main Street which is in a C-C (Concentrated
Commercial) zoning district. Because of the way the land has been platted
along Duff Avenue, the zoning change to C-C (Concentrated Commercial)
may be warranted, particularly if redevelopment of this area is intended.
However, the area east of Des Moines Avenue has lot sizes that are more
consistent with G-C (General Commercial) development, and redevelopment
could take place under the G-C (General Commercial) zoning designation.
It should be noted that the C-C (Concentrated Commercial) zoning district
does not require off-street parking. If the area east of Duff Avenue were
rezoned to C-C (Concentrated Commercial), the property owners would still
be expected to provide the necessary parking for their business, since it
is not the intent of the City to provide municipal parking lots in this area.
• Not all property owners within the proposed rezoning area have joined in
the rezoning petition. The owners of the James Thompson and Sons
property have not signed the petition because of concerns about whether
changes on their property would be restricted by the C-C (Concentrated
Commercial) zoning district designation. It is possible that there could be
some impact on this construction business since warehousing is allowed
only in connection with retail and service businesses.
In summary, the existing uses in the area are more consistent with the
type of uses allowed in the G-C (General Commercial) and G-I (General
Industrial) zoning districts. However, the subdivision of the lots along
Duff Avenue are similar to the lot divisions in the C-C (Concentrated
Commercial) zoning district in the CBD, while the larger lots east of Des
Moines Avenue provide sufficient area for G-C (General Commercial) type
development or redevelopment.
Based upon the evaluation of the area, it appears that proposed rezoning
from G-C (General Commercial) to C-C (Concentrated Commercial) is not
consistent with the intent of the zoning ordinance for the area east of Des
Moines Avenue. However, because of the way the lots were platted along
Duff Avenue (25' by 1001), redevelopment of this block may be severely
restricted by the G-C (General Commercial) designation and a rezoning
from G-C (General Commercial) to C-C (Concentrated Commercial) may be
warranted.
The staff recommended that the rezoning be limited to Block 15 alone and
that the rest of the area requested for rezoning remain as it currently is.
The basis for the staff's position is as follows:
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1. The design of the platting in Block 15 represents a degree of
commercial density that is similar to other areas zoned Concentrated
Commercial, namely along Main Street (25 x 100 foot lots); and
2. The existing pattern of development in Block 15 (lot line to lot line)
represents the type of commercial density envisioned in a
Concentrated Commercial district.
City staff has not supported the rezoning of Block 16 and Lot 7 of
Block C for the following reasons:
1. The nature of the land uses in these areas are clearly more
appropriate in a G-C (General Commercial) district;
2. The desire on the part of the Hanson Lumber Company to construct a
lumber warehouse can be accommodated in a G-C (General Commercial)
district, therefore, no rezoning of the area east of Des Moines
Avenue is necessary; and
3. The zoning intent of the C-C (Concentrated Commercial) district is to
accommodate retail and service commercial activity in commercial
centers of the City, namely the CBD and the Campustown area. The
land area east of Des Moines Avenue to the City's coal storage area is
not within a commercial center of the City. (A copy of a map
showing the rezoning recommendation as suggested by staff is •
attached.)
The Planning and Zoning Commission reviewed this request at their meeting
of October 7, 1987, and have made the following recommendation:
"rezone Block 15 Bornes Addition, Block 16 Bornes Addition except
the James Thompson and Sons properties, and Lot 17, Block C,
Bornes Second Addition from G-C (General Commercial) to C-C
(Concentrated Commercial) leaving the Thompson properties zoned
G-C (General Commercial)."
(A copy of a map showing the rezoning recommendation from the Planning
and Zoning Commission is attached for your review. )
ALTERNATIVES:
1. The City Council can approve of the rezoning request as submitted
by the applicants and set November 10, 1987, as the date of public
hearing to consider this request.
2. The City Council can approve of the rezoning request as recommended
by the City Staff and set November 10, 1987, as the date of public
hearing to consider this request.
3. The City Council can approve of the rezoning request as recommended •
by the Planning and Zoning Commission and set November 10, 1987,
as the date of public hearing to consider this request.
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• 4. The City Council can deny this request.
5. The City Council can refer this request back to the Planning and
Zoning Commission for further review.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt
Alternative #2. This will approve of the rezoning of Block 15, Bornes
Addition from G-C (General Commercial) to C-C (Concentrated Commercial)
and set November 10, 1987, as the date of public hearing to consider this
rezoning request.
COUNCIL ACTION:
•
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