HomeMy WebLinkAboutA002 - Council Action Form dated February 26, 2002 ITEM #
DATE 02/26/02
COUNCIL ACTION FORM
SUBJECT: REQUEST TO REVIEW THE STATUS OF THE LAND USE POLICY PLAN
(LUPP) OR THE ZONING ORDINANCE ALLOWING A CONTINUATION OF
MULTIFAMILY/COMMERCIAL BUILDINGS ON THE SOUTH SIDE OF BILLY SUNDAY
ROAD, EAST OF SOUTH DUFF AVENUE.
BACKGROUND:
DEVELOPMENT AND ZONING OF THE PROPERTY.
In 1999, the property owner purchased 16 acres of land generally located on the south side
of Billy Sunday Road, east of South Duff Avenue. In 1999, the property owner subdivided
the land into five lots, retaining the eastern four lots (See Location Map and Ownership
Map Attached). In December 1999 and April 2000, site plans were approved to allow the
construction of three buildings on the two eastern most lots (See Site Plan and Elevation
Drawings Attached). Each of the three buildings constructed are three-story buildings with
approximately 8,000 square feet of commercial/office space on the first floor
(approximately half of the first floor square footage) and 31 dwelling units within the
remainder of the building.
At the time that these three buildings were constructed, the property was zoned (G-C)
General Commercial under the previous zoning ordinance, which permitted residential
uses in combination with commercial uses in the same structure. Staffs interpretation and
administration of the previous Zoning Ordinance resulted in one half of the first floor being
used for commercial/office uses and the other half being available for residential uses. This
interpretation occurred as a result of the way in which the previous Zoning Ordinance
specified the permissibility of mixed use buildings in areas that were zoned (G-C) General
Commercial.
The specific wording in the previous ordinance is as follows:
"(1) Permitted Uses. A building or premises shall be used only for the following
purposes:
All uses involving retailing, commercial services and products to the general
public, printing, wholesaling, and warehousing, and residential corrections facilities
located no closer than 500 feet to another residential corrections facility or a
supervised group home. It is also intended to accommodate in those same areas,
the development of mixed land uses which allow the combination of commercial
and residential uses in the same structure. Residential uses should be located
above the first floor, however, the first floor may be occupied by residential uses
in residential corrections facilities. "
Since that time, the City has adopted a new Zoning Ordinance, which rezoned the property
to "HOC" Highway Oriented Commercial to be consistent with the Land Use Policy Plan
(LUPP) (See LUPP Map and Zoning Map Attached). Residential uses are not permitted in
the "HOC" Highway Oriented Commercial District. It should be noted that staff informed the
property owner that the Zoning Ordinance was going to be amended to prohibit residential
uses, prior to the development of this property.
There are two basic reasons that residential uses are prohibited in the "HOC" Highway
Oriented Commercial District.
• First, the "HOC" Highway Oriented Commercial District is generally located along South
Duff Avenue, Lincoln Way, and at the interchanges along Interstate 35 and U.S.
Highway 30. The "HOC" Highway Oriented Commercial District is intended to allow
auto-accommodating commercial development. The zone allows for a full range of retail
and service businesses that staff believes could be incompatible with residential uses.
Many of the auto-oriented commercial uses that would be permitted in the "HOC"
Highway Oriented Commercial District may result in undesirable places for residents
to live.
• Secondly, it has been a concern of local developers that there is not enough
commercial land available for development. The City Council believed that allowing
residential uses in this auto-oriented commercial zone would reduce the available
commercial land inventory and hamper the development of the land as intended.
PROPERTY OWNER'S REQUEST.
The property owner has asked the City Council to direct staff to examine the possibility of
amending the Land Use Policy Plan (LUPP) and/or the Zoning Ordinance to allow further
development of similar commercial/office/residential buildings on the two remaining lots
(See Letter Attached). Staff and the property owner have met on this issue and have
discussed three options:
1 . Change the Land Use Policy Plan (LUPP) designation and the Zoning of the
property, i.e. to "CCN" Community Commercial Node or "RH" Residential High
Density, to allow residential uses;
2. Amend the Zoning Ordinance to allow residential uses above the first floor in the
"HOC" Highway Oriented Commercial District subject to approval of a Special Use
Permit by the Zoning Board of Adjustment, and;
3. Leave the Land Use Policy Plan (LUPP) and the Zoning Ordinance unchanged.
Each of these options are outlined below.
2
ANALYSIS:
CHANGE THE LAND USE POLICY PLAN (LUPP) DESIGNATION AND REZONING.
The first option is to change the Land Use Policy Plan (LUPP) designation and rezone the
property to allow the construction of commercial/office/residential structures similar to the
three buildings that have already been constructed. The "CCN" Community Commercial
Node District allows residential uses in combination with a commercial building as long as
the residential uses are located above the first floor. Furthermore, the "RH" Residential
High Density District allows commercial/office uses, not to exceed 5,000 square feet, on
the first floor of multifamily buildings.
Since our meeting with the property owner, staff has deliberated over whether or not the
Land Use Policy Plan (LUPP) designation of this general area (all of the land located south
of U.S. Highway 30, west of Skunk River, east of South Duff Avenue, and north of the
existing residential development along Crystal Street) is appropriate. Much of staff's
contemplation is due to the characteristics of the site itself. The property is located in an
interesting and somewhat complicated area with respect to overall development potential.
To the north of the site is a large City-owned parcel, which is the site of the former
wastewater treatment facility. Directly to the south is another large parcel, which is owned
by the State of Iowa and is currently used as a nursery. Both of these large parcels
represent possible opportunities for development/redevelopment. There may be
opportunities for the City to sell some property in the future and the State could look to do
the same (See January 21, 2002, Des Moines Register Article Attached). Staff believes
that some consideration should be given to the possibility of the redevelopment of these
sites before any changes are made to the Land Use Policy Plan (LUPP) designation or the
zoning of this property.
Another interesting and difficult characteristic of this site is access. While the general area
is located at the intersection of U.S. Highway 30 and South Duff Avenue, access to the
specific property in question is quite 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 existing
development. Currently, the only access to the site is at the intersection of Airport Road
and South Duff Avenue. The only future access to the area would most likely have to come
from South Duff Avenue, probably along the State of Iowa parcel. Once again, staff
believes that access and circulation in this area should be examined prior to any changes
being made to the Land Use Policy Plan (LUPP) designation or zoning of this property.
3
It should be understood that an amendment to the Land Use Policy Plan (LUPP)
designation and rezoning of the property in this area will take further research and analysis.
The area needs to be examined in some detail, which at a minimum would include an
analysis of the following characteristics:
• Existing land uses on the subject property;
• Surrounding land uses;
• Appropriate future land uses;
• Needed infrastructure;
• Vehicular access and circulation,;
• Development restrictions (i.e. flood plain, natural resources, soils, and airport height
restrictions);
• Ownership, and;
• Other characteristics as may be identified.
In addition, it is also possible that after performing this work the research may reveal that
the appropriate land use is the current designation, "HOC" Highway Oriented Commercial,
or another designation that will not allow for the mixed use buildings that the property
owner is proposing. Therefore, not only will the process be somewhat lengthy and
consume staff time and resources, it may not produce the outcome that the property owner
desires.
TEXT AMENDMENT TO ZONING ORDINANCE.
The second option is to create a text amendment to the Zoning Ordinance that would allow
residential uses above the first floor in the "HOC" Highway Oriented Commercial District.
The change to the ordinance can be accomplished through a very easy process. However,
there are consequences to allowing residential uses in the "HOC' Highway Oriented
Commercial District.
As mentioned earlier in the report, the "HOC" Highway Oriented Commercial District is
intended to allow auto-accommodating commercial development. The zone allows for a
full range of retail and service businesses and many of the auto-oriented commercial uses
permitted in the "HOC" Highway Oriented Commercial District are incompatible with
residential uses. In addition, it has been a concern of local developers that there is not
enough commercial land available for development. The City Council believed that
allowing residential uses in this auto-oriented commercial zone would reduce the available
commercial land inventory and hamper the development of the land as intended.
The argument could be made that the Zoning Ordinance allows for residential uses in
"DCSC" Downtown/Campustown Service Center, "CCN" Community Commercial Node,
and "NC" Neighborhood Commercial Districts, therefore, residential uses should also be
allowed in "HOC" Highway Oriented Commercial District. However, these other
commercial districts are intended for smaller scale, pedestrian oriented commercial uses
which are more compatible with residential uses. Uses in the "HOC" Highway Oriented
Commercial District are intended to be more intense and auto-oriented. This is reinforced
by the location of "HOC" Highway Oriented Commercial Districts along arterial roadways
and at highway and interstate interchanges. Allowing residential uses to locate in "HOC"
Highway Oriented Commercial Districts may not be appropriate.
4
NO ACTION.
The third option is to take no action and leave the Land Use Policy Plan (LUPP) and
Zoning Ordinance as they are. Should the City Council believe that designated land uses
and the zoning are appropriate on this site and that residential uses should not be allowed
in the "HOC" Highway Oriented Commercial District, then the City Council should take no
action.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning and Zoning Commission reviewed this request at their meeting of February
6, 2002. There was considerable discussion by the Commission, the staff, and the
property owner. The Planning and Zoning Commission has approved the following
recommendation to the City Council:
That the City Council direct staff to research and propose text amendments to the
Zoning Ordinance that will allow residential uses above the first floor of commercial
buildings in the "HOC" Highway Oriented Commercial District as a Special Use
Permit approved by the Zoning Board of Adjustment; and
2. That the City Council direct staff conduct a detailed analysis of the Land Use Policy
Plan use designation for this area and investigate the characteristics of this area with
respect to:
• Existing land use;
• Appropriate future land uses;
• Road access;
• General infrastructure, and;
• Traffic and circulation.
ALTERNATIVES:
1. The City Council can direct staff to research and possibly propose changes to the
Land Use Policy Plan (LUPP) for this area, which may result in a change to the
designated land use for this area.
2. The City Council can direct that staff propose text amendments to the Zoning
Ordinance that will allow residential uses above the first floor of commercial
buildings in the "HOC" Highway Oriented Commercial District subject to approval
of a Special Use Permit.
3. The City Council can take no action regarding the property owner's request.
4. The City Council can refer this request back to staff and/or the property owner for
additional information.
5
MANAGER'S RECOMMENDED ACTION:
Staff has provided a general outline of three possible approaches to be considered with
respect to the request to allow further residential buildings in this area near Billy Sunday
Road and South Duff Avenue. It is staff's belief that the approach to addressing the
concern raised by the property owner justifies an in-depth analysis of appropriate land
uses, the opportunity for redevelopment of public owned property, and the limitations that
the existing street infrastructure presents to further development in this area.
Staff does not agree with the recommendation from the Planning and Zoning Commission
that would involve both an investigation into possible changes to the Land Use Policy Plan
and the Zoning Ordinance as a means to address the request of the property owner. Staff
believes to quickly initiate a change to the Zoning Ordinance to enable the construction of
mixed commercial and residential buildings at this location is inappropriate at this time.
What the property owner desires is an isolated solution that would enable further
construction of buildings similar to what has already begun. Staff believes that there are
much larger land use implications that need to be investigated both for the area adjacent
to Billy Sunday Road, as well as the larger area of the City that is currently zoned HOC.
Staff believes that making a quick change to the Zoning Ordinance that may fix the
property owners problem could conceivably have unintended consequences that may be
problematic to the City elsewhere.
Therefore, as a result of these potentially significant issues, it is the recommendation of the
City Manager that the City Council approve Alternative #1. This would involve an in-depth
research analysis of the Land Use Policy Plan and potential zoning district amendments
as a result of that analysis. The City Council should understand that this alternative does
represent a commitment of time and staff resources to investigating this area. The
complexities that are existing in this area are significant and therefore should not be
overlooked by a more simple text amendment to the Zoning Ordinance that would not
involve a thorough investigation of all possible consequences.
Attachment
s:\Council Action Forms\Other Action Forms\Haverkamp Request for Residential in HOC 02-26-02
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ering January3, 2002
Honorable Mayor & City Council
City of Ames
515 Clark Avenue
Ames, Iowa 50010
RE: Brent Haverkamp's Billy Sunday Road Development
FOX Ref. No. 5224-01B.300
Dear Mayor & Council:
On the behalf of Brent Haverkamp we are requesting the City review the status
of either the Land Use Policy Plan (LUPP) or the zoning ordinance in reference
to the properties owned by Mr. Haverkamp on Billy Sunday Road. In meetings
with Staff there has been the common desire to get direction from Council prior
to review of this area. We have included an aerial map of the SE corner of
Highway 30 and Highway 69 (South Duff) with Mr. Haverkamp's property
highlighted.
Mr. Haverkamp bought the 16 acres in 1999 and subdivided into 5 lots. Billy
Sunday Road was constructed by the Developer as an assessment project
financed by the City of Ames. Though the City owns the property on the north
side of Billy Sunday, Mr. Haverkamp is paying for 100% of the assessed cost of
4 the road.
The eastern 4 lots are still owned by Mr. Haverkamp and Dickson Jensen owns
the western most lot. Mr. Haverkamp built a 3 story building on each of the
3 two eastern lots with some outbuildings (garages). The bottom floor is '/z
apartments and 1/2 office space. The buildings have apartments on the top two
floors. The zoning at the time of the building construction was General
Commercial, which allowed apartments as long as 50% of the base floor was
commercial or office.
The LUPP and zoning currently have the area designated at Highway Oriented
Commercial. Under the LUPP and the HOC zoning the current mixed use would
not be permitted. Mr. Haverkamp would request a LUPP and/or zoning change,
but the ordinance does not have any zoning that would allow the building type
3 and use as he has presently constructed. The only zoning designation that is
close is "Neighborhood Commercial", but this does not strictly apply (as the
first floor would have to be entirely commercial) and would require a reworking
of the LUPP to allow for its placement in this area.
3
Mr. Haverkamp's property is a unique island. To the north is the City's
property that was part of the City's wastewater treatment plant. To the east is
floodplain and the Ames Youth Sports Complex. To the south is the State of
1601 Golden Aspen Dr. Iowa's Forestry Nursery. To the west is "commercial"; Wilson Cadillac-Olds
Suite 103 and the Lions Club. Access to the site is limited to Billy Sunday Road. Access
Ames, Iowa 50010 from Highway 69 (South Duff) is not easy and traffic must take a 90 degree
1.515.233.0000 turn off a frontage road to use Billy Sunday Road. The site is not visible from
1.800.433.3469 Highway 30 or Highway 69. Only the top floors of the buildings are readily in
Fax 1.515.233.0103 view from the highways.
www.foxeng.com
infoofoxeng.com
Mr. Haverkamp would like to build similar 3 story commercial/residential
buildings on the remaining eastern lots. Mr. Haverkamp has discussed the
various options to develop the area with City Staff. Changes that were
considered were revision of the LUPP to allow for a Neighborhood Commercial
Node in the area with a subsequent change in zoning. This change would
result in a long review process with minimal short term impact (due to the
public ownership in 3 directions).
The second option considered was to allow for the mixed use (residential with
commercial) as an allowed special use in the Highway Oriented Commercial
(HOC) zone. A Special Use Permit would be issued after review by Staff and
approval by Council. We believe this process would be the best method to
resolve the property's condition. We do not believe this would result in a flood
of requests for residential in an HOC zone nor would it result in degradation of
the vacant HOC ground available. We believe criteria could be established that
would limit this mixed use to appropriate areas.
The City's current ordinance does not allow Planned Unit Developments (PUDs)
allowed by the old ordinance that would have accommodated this type of
development. In the previous zoning ordinance the use of a PUD or the
allowance for residential in the G-C zone was infrequently used outside of the
campus town or downtown areas. It is therefore more appropriate to use a
Special Use Permit to address these issues as they infrequently occur.
The property in question is marginal commercial property. The property had
been available for many years prior to purchase by Mr. Haverkamp. The only
suitable use for the property was the uses created by Mr. Haverkamp. He has
unsuccessfully marketed the area for the period in which he has owned the
property. The access and visibility of the site imposes limitations to the type of
commercial development possible in that area. The visibility of this site would
not improve even if the public properties to the north and south were changed
to private ownership. The access to the site would improve only if the property
to the south changed ownership to allow for development.
Mr. Haverkamp would like to begin the remaining development in the spring of
2002. He is requesting the creation of a Special Use Permit to allow residential
over commercial in an HOC zone. He also requests that the Permit only require
a 50% commercial building coverage on the first floor as is the case with his
current buildings. With 1/2 of the first floor as residential it allows him to
separate residential & commercial uses and provide handicap accessible
apartments for the first floor residents without the addition of an expensive
elevator. A visit to the site and buildings would readily confirm this statement.
We would like any revisions to the ordinance started soon in order to allow
building in the spring of 2002. Mr. Haverkamp would like to participate in
determining a solution that is a win for both the development community and
the City of Ames.
Without a change in the ordinance the property will be undeveloped and the
current buildings will be non-conforming uses. Mr. Haverkamp (and others
before him) have marketed this property as commercial without result. The
location is truly not suited to "pure" HOC use.
Thank you for your time and consideration in this matter. We look forward to
working with Staff, Planning & Zoning Commission and City Council in this
matter.
Sincer y,
Cott aud, P.E.
Cc: Brent Haverkamp
Chair, Ames Planning & Zoning Commission
Brian O'Connell, Planning & Housing Department
Steve Schainker, City Manager
K:\!PROJ\5000\5224-01B Billy Sunday - Brent H\December 17th Letter to Council.doc
Vflsack: Explore sale ' 'of f state real estate
BUDGET,from Page 1 B mostly supported by revenue from fund Democrats have misgivings as
income and sales taxes. , "We've done it before. It's a well.
or selling state property, Eisen- One of the Democratic gover_ matter of priorities,"said Vilsack in "It's probably a dicey proposition
hauer said. "We've not done this nor's most controversial budget unveiling his budget plan Friday in our caucus,but I'd like to see the
inventory before." recommendations is to shift sup- for the 2002-03 fiscal year. Republican alternative at this
Vilsack's real estate plan is one of port for the Iowa State Patrol from Republicans, who control the point," said Senate Minority
his less talked-about proposals to general tax revenue to money Legislature, are strongly opposed Leader Mike Gronstal, a Council
provide more money for education raised with the tax collected on to the proposed $60 million shift, Bluffs Democrat.
and other programs paid from the vehicle purchases, which now all saying it would cut into road Vilsack also has proposed skim
staters general fund, which is goes to the state's road-building projects and cost jobs. Many ming off$48 million in general tax
revenue that would otherwise be
used to build up the state's financial
reserves. He says the money is
needed to help pay for education
programs,and there still would be
State, could seu about a in million
rain -d $13 million
increase in the rainy-day fund
GOP leaders are cool to the idea,
saying the reserves should be kept
Sll , luspropertyas full as possible to assure the state
has money to pay its bills ontime.
r__gi _�_� The governor plans to pick up
r $16 million in state revenue by
- By JONATMN ROOS valae,regardlessiof location," ending an agreement between
RE-0WM STAFF WRITER says a position paper _Iowa and Illinois in which people
Gov.Tom Vrilwck wants to describing the plan. who work at jobs in their neigh-
investigate the sale of state- Examples include farms boring state file a tax return in their
owned real estate as part of owned by the state universi- _410rriti state only.Normally income
his plans to raise badly ties and prvpertyacquiredfor tax is due in the state in which it is
needed revenue for next highway right of-way that ;earned _
yy e a r ' s are no longer n&ded for that Republican leaders criticized the
$4.8'billion purpose. ice.but the agreement
budget ,--• Ankeny leaders have held apparently does not
It's one of discussions about developing require legislative approval.
a number of a LOW-acre farm.within the `This governor would rather
unusual city limits.that's owned by grow government than grow
stepsthe . Iowa State University and is �owa,�this,tax�rease does not.
goernor is : used for -dairy and crop .tr'ouble lilm rsaid-Senate Majority
pig to : LOW= research. 1_ Leader Stewart Iverson of Dows.
r a i s e "In Urbandale the Vr7sadc's plan to take an inven
money in the wake of flat merit of Transportation tory of state property and sell or
state revenues and a stagnant a parcel of prime land If the lease some of it when feasible also
Homy, DOT doesn't need it,it may be doesn't require the Legislature's
V rlsadc intends to conduct an opportunity for the state to approval.
'the . first comprehensive either sell it outright or sell it House Speaker Brent Siegrist,a
inventory of state-owned via lease-�iase for a more Council Bluffs Republican,
property to determine which suitable need;' said Cynthia applauded the idea "There may
parcels could be leased or Eisenhauer, director of the very well be some land we should
sold Iowa Department of put back into private hands.It's like
"Some parcels are located Management; - selling the state airplane (in the
do
in dose proximity to valuable `We don't know what the early s thins). Occasionally,ue You make
commercial or residential potential might.be"of leasing those things because they make
real estate.Others may offer sense."
`entertainment' development See BUDGET,-Page 3B Reporter Jonathan Roos can be reached at
(515)284.943 or
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