HomeMy WebLinkAboutA010 - Council Action Form dated October 8, 2002 ITEM
DATE: 10/08/02
COUNCIL ACTION FORM
SUBJECT: MOTION TO APPROVE/DENY A LAND USE POLICY PLAN (LUPP)
CHANGE AND ZONE CHANGE FOR PROPERTY LOCATED ALONG BILLY
SUNDAY ROAD FROM "HOC" (HIGHWAY-ORIENTED COMMERCIAL) TO "RH"
(RESIDENTIAL HIGH DENSITY).
BACKGROUND:
The subject area, Lots 2, 3, 4, and 5 of the South Duff Community Park Subdivision,
encompasses approximately 13.44 acres of land and is located along and on the
southeastern portion of Billy Sunday Road.
On February 6, 2002 the Planning and Zoning Commission made a recommendation to
the City Council on this same proposal. The commission recommended that City
Council consider allowing multi-family residential uses in the Highway-Oriented
Commercial Zone through the issuance of a Special Use Permit. In addition, the
Commission recommended that City Council direct staff to provide an analysis of some
of the shortcomings that exist in the subject area. The Commission proposed that the
analysis should include information about road access, general infrastructure, traffic,
and land uses as a broader scope than what is currently represented in the Land Use
Policy Plan.
Based on City Council direction, staff presented an in-depth analysis of the land use
and infrastructure characteristics of this area. Staff has come to the conclusion that a
change in the land use designation in the LUPP and zoning is justified, but this change
should incorporate a strategy to improve circulation deficiencies that currently exist in
this area. This strategy is more difficult due to the existence of State owned land
located immediately adjacent to the property in question and the limited access to U.S.
Highway 30.
On August 27, 2002, staff presented a series of options to the City Council for the
subject area. These options were as follows:
1. Keep the subject area zoned and planned as Highway-Oriented
Commercial without further improvement requirements.
2. Change the LUPP designation for this area and rezone the subject area as
Residential High Density without regard to vehicular traffic concerns.
3. Change the LUPP designation for this area and rezone the subject area as
Residential High Density, only if traffic concerns have been addressed to
the satisfaction of City Council.
4. Change the LUPP designation for this area and rezone the subject area as
Residential High Density, but require that sufficient right-of-way be
conveyed to the City by the property owner to fix circulation deficiencies
associated with the subject area, and utilize City owned land to negotiate
right-of-way through the State Nursery.
5. Change the LUPP designation for this area and rezone the property as
Residential High Density. Also require that sufficient right-of-way be
conveyed to the City by the property owner to fix circulation deficiencies
associated with the subject area and the surrounding area, plus utilize City
owned land to negotiate right-of-way through the State Nursery, and master
plan the State land for commercial and residential land uses.
At the meeting of August 27, 2002, staff emphasized the importance of additional
access to Billy Sunday Road to fix the existing circulation deficiencies. Staff illustrated
the importance of obtaining some additional means of access as part of any future
development in the area. This property was subdivided as part of an Official Plat in
1999. At that time, City Council waived the 1,320 foot second access requirement.
This rezoning provides an opportunity to improve upon the circulation deficiencies that
remain.
The issue of changing the LUPP designation for this area and the corresponding need
to change the zoning designation for the property in question is before the City Council
as a result of the City Council having selected Option 2 that was referenced earlier in
the Action Form. Option 2 in general is:
Change the LUPP designation for this area and rezone the subject area as
Residential High Density without further improvement requirements.
This would result in a change in the LUPP designation from Highway-Oriented
Commercial (HOC) to Residential High Density (RH) and rezoning from Highway-
Oriented Commercial (HOC) to Residential High Density (RH) for the four lots located
along and south of Billy Sunday Road without provisions for right-of-way to Billy Sunday
Road.
Water and Sanitary Sewer. Existing sanitary sewer and water facilities are available
from Billy Sunday Road. An 8-inch sanitary sewer pipe runs along Billy Sunday Road to
the 60-inch pipe that leads to the City's waste treatment facility. An 8-inch water pipe
also runs along Billy Sunday Road right-of-way and extends to the easternmost
development on Billy Sunday Road. These services are adequate to accommodate
future commercial and/or residential land uses. The City maintains sufficient sanitary
sewer and water capacity to serve the subject property and surrounding area, including
the City owned land and the State of Iowa property should it be sold or redeveloped.
Electric. The property falls inside the City of Ames Electric Service Boundary. The site
can be adequately serviced by municipal electric facilities.
2
Storm Sewer. Billy Sunday Road does not contain a storm sewer system that has
been constructed to City urban standards. The majority of storm water run-off is
contained in open ditches along Billy Sunday Road until it is released into a tributary of
the Skunk River. Future development within the vicinity of the subject area, and/or on
the subject area itself, would have to rely on the existing rural street section that
includes a storm water ditch facility as contrasted with underground storm sewer
improvements.
When or if the subject area develops, the developer/land owner may be required to
manage storm water run-off within the subject area through a system of surface
drainage, subsurface sewers, and storm water detention areas as required by the City.
It is City policy that the rate of storm water run-off will not be increased above the
pre-development level of run-off. Furthermore, negative impacts from storm water
run-off shall be mitigated as deemed necessary by the Municipal Engineer.
Access/Traffic Impact. Billy Sunday Road is a local street constructed to rural street
standards. It is connected to South Duff Avenue utilizing atypical street geometrics
involving very short street radii at two tight corners. Future development on the subject
property and/or in the vicinity of the property may warrant further street improvements
to Billy Sunday Road.
Recently a two-day traffic count was conducted on Billy Sunday Road to determine the
current level of traffic. At present there are 4,872 trips per day as a result of a two-day
traffic analysis. Staff believes this analysis is representative of the normal traffic
pattern. Based on potential future development of the subject property, this traffic
volume could increase to a range of 5,350, to as much as 5,510 vehicles per day. The
range in projected total traffic volume is dependant upon possible future land use and
development alternatives. In any event, the projected future traffic volume does not
create a traffic capacity problem on Billy Sunday Road. In the event that the land that is
currently owned by the City would develop, there could be a traffic capacity problem on
Billy Sunday Road given its current condition.
The most critical issue surrounding the subject area is traffic circulation. Simply
put, there is only one way in and one way out of this general area. Proper and
standard street design typically calls for at least two ways of ingress and egress if a
street length exceeds a certain distance. In Ames, that distance is one-quarter of a
mile or 1,320 feet. The importance of two means of ingress and egress is based on
principles of safety to residents and businesses that locate along long dead end streets.
While the general area is located at the intersection of U.S. Highway 30 and South Duff
Avenue, access to the subject area in question is limited. The general area is cut-off
from the north by U.S. Highway 30, from the east by the Skunk River, and from the
south by the State of Iowa Forestry. In order to improve circulation and access to the
subject area, right-of-way will have to be obtained from the property owner of the
subject area and a second street will have to be constructed along and through the
State of Iowa Forestry parcel in the future.
3
It is certain that the rezoning and land use change to allow further multi-family
development in the area will intensify traffic on Billy Sunday Road (in effect, any
further development in the area will intensify traffic). Future development will
magnify the need for an additional means of ingress and egress to this area.
Furthermore, increased vehicle trips generated from high-density residential
development or commercial development within the subject area will result in more
vehicle congestion at the intersection of South Duff Avenue with Billy Sunday Road,
especially when sporting events are in session at the soccer complex.
A critical issue associated with limited circulation in this area of the city is safety.
The subject area has only one way in and one way out for emergency vehicles. In the
event of an emergency situation where access is blocked, emergency services/rescue
could be made very difficult. The safety and welfare of the existing and future residents
of the area could be at risk. Although there is not an immediate solution to this problem,
this rezoning request provides the opportunity to attempt to improve the situation in the
future. From an emergency/life saving perspective, additional access is necessary and
will eventually have to be addressed.
Another life/safety issue associated with the subject area that emphasizes the need to
plan for additional access is the stacking of traffic at the intersection of Billy Sunday
Road and South Duff Avenue. Traffic could potentially interfere with emergency/fire
services at Fire Station Number #3, especially when soccer and other sporting events
are in session.
Fire. With the new construction of Fire Station #3, the fire response time to the subject
area will be well within the 5-minute response time goal. The City's goal is to have a fire
response time of five minutes for 85% of the land area within the city. However, as
stated earlier, emergency response could be compromised if the existing access is
blocked. There is no other alternative to access the site than Billy Sunday Road. The
existing and proposed residential development is located on the easternmost portion of
Billy Sunday Road, with the farthest dwellings located approximately '/2 mile east of
South Duff Avenue.
Floodplain. A small portion of the easternmost lot (Lot 5) of the subject area is located
within the 100-year floodplain. However, all existing structures are elevated above the
100-year statistical flood event.
Land Uses. The two lots located at the western portion of the subject area are
currently vacant. The neighboring land uses to the subject area consist of the following:
Direction Land Use
North Vacant Land (City-owned)
South State Forest Land (Agricultural)
East Mixed-use Multi-family Residential Development
West Auto Dealership, Misc. Commercial Uses
4
The proposed future land use configuration for the subject area, as proposed by the
current property owner, is to extend mixed-use multi-family development on the two
western vacant parcels. Residential High Density zoning would permit the continuation
of this type of development, although a smaller amount of commercial land use would
be permitted.
Zoning Districts. The existing zoning for the subject area is "Highway-Oriented
Commercial". "Highway-Oriented Commercial" does not permit residential structures.
Therefore, the existing structures on the subject area are currently non-conforming
land uses. The adjacent land uses to the subject area fall into the following zoning
designations (See Zoning Map Attached):
Direction Zoning
North Government/Air ort
South Government/Air ort
East Highway-Oriented Commercial/Government/Airport
West Highway-Oriented Commercial
Rezoning would allow for residential high-density intensification or a combination of
residential high density and commercial land uses. However, the existing mixed-use
buildings will still be non-conforming. Only 5,000 square feet of commercial building
area is permitted in a multifamily structure in a Residential High Density zone. The
existing mixed-use properties maintain 8,000 square feet of commercial space within
each building. However, the property owner would have the option to abandon the
commercial uses and replace them with dwelling units, if parking is available.
Land Use Policy Plan (LUPP) Goals and Policies. The subject area is designated as
Highway-Oriented Commercial land uses on the Future Land Use Map of the City of
Ames LUPP. The existing zoning designation of Highway-Oriented Commercial is
consistent with the existing LUPP Map designation. The mixed-use residential
development on the easternmost portion of Billy Sunday Road is non-conforming to the
existing zoning designation of the subject property.
As stated earlier, the staff analyzed this area with respect to the land use and
infrastructure characteristics in the area and outlined five (5) possible land use and
development scenarios. The City Council directed that the scenario that involved a
change to the land use and zoning that would result in Residential High Density zoning
should be processed without further infrastructure improvements. The following
analysis of the LUPP is presented with respect to this area being changed to enable
high density residential land use and zoning.
5
Vision Statements: "Mobility... All modes of transportation will be integrated so
that they enhance local access, expand regional access, and provide overall
community connectivity." (LUPP, p.123)
• Staff has identified that limited vehicular circulation to this area of the city is the most
critical shortcoming for the area. Testimony before the City Council has occurred
that has indicated that is has been difficult to develop this area under the current
land use designation. It is the belief of staff that this development difficulty might
arise just as much from a lack of effective circulation as it would from an
inappropriate land use designation. Further, the lack of ingress and egress
alternatives is equally problematic whether the area develops residentially or
commercially. A variety of travel modes are not likely to occur with respect to
development in this area. The overall vision of City Council to achieve the
integration of a variety of modes of travel and the enhancement of accessibility will
not occur unless additional means for circulation is provided.
According to the LUPP (p. 23) "In creating a new vision for Ames, the role of
goals is important for both their individual and collective purpose in guiding
development. Ten goals have been established for addressing each of the
community's vision statements." The LUPP sets goals and policies to guide growth
in an orderly manner that reflects the future vision of the community at large.
Statements in the Land Use Policy Plan that are consistent with this City initiated
rezoning relate to the following principals outlined in the plan's vision statements:
• Planning and management of new growth
• Developable area provisions
• Sense of place and connectivity
• Cost-effectiveness and efficient growth pattern
• Mobility and alternative transportation
These goal statements represent the defined policy of the City of Ames and directly
relate to this rezoning and land use policy change. When a land use policy plan change
and rezoning is proposed to City Council, the proposal is compared to and weighed in
relation to the City's adopted goals, objectives, plans, and policy.
The following goals and policies of the LUPP are further addressed and apply to this
zone change:
Objective: "it is the goals of Ames to plan for and manage growth within the
context of the community's capacity and preferences, It is the further goal of the
community to manage growth so that it is more sustainable, predictable and
assures quality of life." (LUPP, p. 23).
• This policy underscores the importance of determining the ability (capacity) of the
City's infrastructure to support development (growth) in this area of the City
irrespective of the designated land use. The property in question is planned to
develop commercially and is currently zoned for that type of land use. Thus the City
has contemplated that this area of the city would contribute to the growth objectives
6
described in the LUPP from the standpoint of providing additional land area for
commercial development. The issue before the City at this point is to determine
whether a change in land use to provide for residential development (growth) is
justified. Staff agrees that this area of the city might be better suited for residential
development. This is due to the fact that the area is located some distance off of the
main commercial corridor of Duff Avenue. The lack of alternative means of ingress
and egress to this area subjects any development in this area to a lower level of
vehicle circulation. This situation heightens the concern for the safety of the
businesses and/or residents in the area. As a result, the quality of the circulation in
this area is provided to a lesser degree than most other areas of the City where a
more complete system of street improvements exists and provides for multiple
routes of vehicle movement. To effectively meet the stated goal of the LUPP, a
strategy to obtain other travel routes in this area should be accomplished.
Goal No. 2: "In preparing for the target population and employment growth it is
the goals of Ames to assure the adequate provision and availability of
developable land. It is the further goal of the community to guide the character,
location and compatibility of growth with the area's natural resources and rural
areas." (LUPP, p.24)
• Although the area has the ability to develop under Highway-Oriented Commercial
(HOC) zoning, the subject area is limited due to its lack of visibility and circulation.
The "highway-oriented" commercial viability of the area is compromised by its
locational attributes. If the area remains zoned HOC, the vacant lots would most
likely develop as office uses or some lower intensity commercial activity. In the
property's current condition with limited access and circulation, it is less than ideal
for auto-dependent commercial opportunities.
The change to Residential High Density would allow for a use that would be more
viable since residential land uses are not as dependent on convenient and effective
vehicle access. However, the negative aspect of providing residential density in this
area is the lack of infrastructure capacity in terms of street design and circulation.
Therefore the goal of assuring adequate provision of developable land is not met
unless some means of alternative access to this area is obtained.
With respect to the goal of guiding the character, location and compatibility of
growth with respect to natural resources and rural areas, the proposed change to
the land use designation and zoning does not effect or is not effected by this goal.
Goal 4.A.: "Ames seeks to establish more integrated and compact living/activity
areas (i.e. neighborhoods, villages) wherein daily living requirements and
amenities are provided in a readily identifiable and accessible area. Greater
emphasis is placed on the pedestrian and related activities." (LUPP, p. 26)
• Due to the location of this area within the city, the ability to integrate and connect
this area with other areas of the city is greatly limited. This limitation exists for either
residential development or commercial development. Again this situation points to
the difficulty created due to the lack of effective circulation. The ability of residents
who would reside in the area to avail themselves with the goods and services (living
requirements) that are often found as part of a neighborhood environment, is truly
limited, and will require a dependence on vehicular mobility almost exclusively.
Development in this area of any land use type would find it difficult to meet this goal.
• Additional access to this area of the community is key with respect to meeting this
LUPP objective. According to established subdivision law, Sec.23.401(2) of Ames
Municipal Code, "...in no case shall a new block be longer than 1,320 feet... unless
topography or other conditions justifies variation." In this instance, access was
waived in the past under the condition that the State of Iowa property justifies
variation. In other words, approval of the past plat was based on the premise that
the State of Iowa property would continue for an indefinite period of time. At this
time, however, there has been indication that the State of Iowa is investigating
alternative uses for the State Nursery property. This recent occurrence might create
an opportunity for improved circulation to be created for this general area of the city.
As a result, it might be advisable that a means of improved circulation through the
subject property be obtained as part of the land use and zoning process.
Goal No. 5: "It is the goal of Ames to establish a cost effective and efficient
growth pattern for development in new areas and in a limited number of existing
areas for intensification. It is a further goal of the community to link the timing of
development with the installation of public infrastructure including utilities, multi-
modal transportation system, parks and open space."
(LUPP, p. 27)
• This area of the community is not a new emerging growth area but is better
described as an existing area that is being intensified from its current condition.
Since much of the needed infrastructure that is needed to serve this area already
exists, it could be argued that this development represents an efficient use of
resources. However, the development that may result from this proposed change to
the LUPP use designation and rezoning underscores the importance of solving the
limitations in the circulation deficiencies at this time. Without accomplishing a
strategy to improve the circulation in this area, the goal as stated has not been fully
accomplished.
• Rezoning without acquiring right-of-way may not be a cost effective solution. In the
long run, should the State of Iowa property redevelop and/or circulation problems
increase, land for additional access may have to be acquired from the subject area.
This could represent a significant cost to the future taxpayers of the community. It
could represent a cost of several million dollars. In order to be consistent with this
goal, a minimum right-of-way should be obtained through the subject area.
8
Staff has outlined the current condition of the area, which includes a situation where
only one way into and out of this area exists. As already stated, this limited circulation
feature exists whether the area develops commercially or residentially. Further, the
resulting traffic generation from commercial development as compared to residential
development is approximately the same. Future development that may occur in this
area, however, might create capacity problems to the existing street system, which
underscores the importance of finding another means of travel circulation.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning & Zoning Commission reviewed this proposal at their meeting of
September 18, 2002 and recommended approval of the change to the Land Use Policy
Plan Map and the rezoning of Lots 2, 3, 4, and 5 from Highway-Oriented Commercial to
Residential High Density under the condition that right-of-way is conveyed by the
property owner.
ALTERNATIVES:
1. The City Council can approve the change to the Land Use Policy Plan Map and
rezone Lots 2, 3, 4, and 5 from Highway-Oriented Commercial to Residential High
Density without addressing the concerns for traffic circulation.
2. The City Council can approve the change to the Land Use Policy Plan Map and
rezone Lots 2, 3, 4, and 5 from Highway-Oriented Commercial to Residential High
Density as a result of the property owner tendering the needed right-of-way to the
City. According to State law, this could occur in the context of a Zoning Change
Agreement signed by the property owner prior to the public hearing.
3. The City Council can deny the change to the Land Use Policy Plan Map and the
rezoning of Lots 2, 3, 4, and 5 from Highway-Oriented Commercial to Residential
High Density.
4. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information.
9
MANAGER'S RECOMMENDED-ACTION-
This rezoning decision is being considered as a result of the City Council initiating the
rezoning that occurred at their meeting of August 27, 2002. At that meeting, staff
outlined five options that addressed various land use and development scenarios. Staff
has determined that the most significant issue with respect to additional development in
this area is the need for improved traffic circulation. This issue has been raised to the
City Council and has also been explained in depth to the Planning and Zoning
Commission. The Planning and Zoning Commission has advised that any change in
zoning in this area should occur only after the City has been provided additional right-
of-way that will address the need for future traffic circulation.
When this item was reconsidered by the City Council at their meeting of September 24,
2002, Council agreed that staff should continue to discuss with the property owner(s) in
the area the possibility of obtaining street right-of-way to improve street circulation.
Early discussions have occurred and the owner of the property in question has
indicated a willingness to discuss further with the City the possibility of providing a
portion of the street right-of-way. However, as the Council decides on this rezoning,
there are not assurances that this right-of-way will ever be obtained. Since the City
Council directed staff on August 27th to initiate a rezoning of this property without first
securing right-of-way from the property owner, it is the recommendation of the City
Manager to adopt Alternative #1 .
The City Council should understand that this alternative will result in Lots 2, 3, 4, and 5
being rezoning from Highway-Oriented Commercial to Residential High Density without
an absolute assurance that street right-of-way for improved traffic circulation will occur.
Attachments
S:\Council Action Forms\Rezonings\Billy Sunday Road Rezoning and LUPP Change 10-08-2002.doc
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