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Home My WebLink AboutA006 - Council Action Form dated November 9, 2004 4 1 ITEM # DATE 11/09/04 COUNCIL ACTION FORM SUBJECT: NORTHEAST GATEWAY REGIONALCOMMERCIAL DEVELOPMENT — PROCESS ALTERNATIVES Background: On October 20 and November 3, 2004, The Planning and Zoning Commission considered portions of the proposed "O-GNE" Northeast Gateway Overlay District of the Zoning Ordinance. Specifically, it considered the Design Guidelines and Standards portion of the District. With minor modifications, the Planning and Zoning Commission recommended approval of the guidelines at the November 3 meeting. In order to complete the draft of the Ordinance language, staff seeks direction from Council on the process of proposed Section 29.1108(3), Master Plan and Approval Process. In particular, staff seeks direction on two significant steps in the process: 1. Whether or not a Developer (or Zoning) Agreement is necessary as a condition of zoning approval to "PRC" (Planned Regional Commercial) District. 2. When in the process the Master Plan, required as part of meeting the O-GNE Overlay, should be approved. Staff has identified three alternatives diagrammed on the following pages: OPTION 1: Master Plan and Major Site Development Plan approved after rezoning. No special conditions required of Developer. Infrastructure responsibilities of Developer stipulated as part of Subdivision approval. Step 1 Step 2 Step 3 Ste 4 ..Step 5 Approve the Rezone the As part of As a condition of As part of new zoning 13th Street ordinance Subdivision ordinance overlay Area. requirement, the approval, the City requirement, the ordinance. City Council would enter into City Council must review and an agreement must review and approve a specifying the approve a Major Master Plan for Developer's Site compliance with responsibility for Development the overlay installing Plan for district's infrastructure compliance with standards and improvements the overlay guidelines. such as: street, district's sewer, water, bike standards and path, storm water, guidelines. etc. No building This requirement permits will be is typical of most issued unless the subdivisions. Council approves both the Master Plan and Major Site Development Plan. This option is the least restrictive in that no Zoning Agreement is required as part of the process, and the Master Plan is considered prior to rezoning. 2 OPTION 2: Zoning Agreement finalized prior to rezoning specifying special requirements of Developer. Master Plan and Major Site Development Plan approved after Rezoning. Zoning Agreement negotiated and approved prior to rezoning by Council; Master Plan to be considered after zoning approval. Step 1 Ste 2 ...Step 3 Step 4 Step 5 Step 6 Approve Zoning Rezone As part of Developer As part of the new Agreement the 13t" ordinance Agreement ordinance zoning approved by the Street requirement, approved. requirement, overlay City and Area. the City the City ordinance. Developer as a Council Subdivision Council condition of must approval must review rezoning. review and subject to the and approve approve a Developer a Major Site Issues covered Master Plan agreeing to Development would include: for any additional Plan for -conceptual site compliance infrastructure compliance plan with the improvements with overlay -proof of overlay identified in district's financing district's the Master standards -proof of tenant standards Plan review and commitments and and not guidelines. -support for guidelines. covered in transit initial Zoning No building -minimum square Agreement. permits will footage be issued -minimum This unless the number of requirement Council anchors & mini- is typical for approves anchors/specialty most both the shops subdivisions. Master Plan -construction and Major timing Site -infrastructure Development cost Plan and the responsibilities provisions of -No incentives the Zoning provided; treat as Agreement any developer have been -Special met. conditions apply onIv to north side This option provides a `middle-ground' of assurances to the City that the proposed development meets the City's intent and the earliest reasonable time. 3 Option 3: Zoning Agreement finalized prior to rezoning specifying special requirements of Developer. Master Plan approved prior to rezoning. Major Site Development Plan approved after rezoning. In addition to Zoning Agreement, requires the developer to prepare and have approved the Master Plan prior to rezoning. Stop 1 Step 2 Step 3 Step 4 Ste 5 _.Step 6 Approve City Zoning Rezone Developer's As part of the new Council Agreement the 13th Agreement ordinance zoning reviews approved by the Street approved. requirement, overlay and City and Area. the City ordinance. approves Developer as a Subdivision Council Developer's condition of approval must review Master Plan rezoning. subject to the and approve and Developer the determines Issues covered agreeing to proposed if it meets would include: any additional Major Site design -conceptual site infrastructure Development standards plan improvements Plan for and -proof of identified in compliance guidelines of financing the Master with the the overlay -proof of tenants Plan review overlay district. -support for and not standards transit covered in and -minimum square initial Zoning guidelines. footage Agreement. -minimum No building number of This is typical I permits will anchors & mini- of most be issued anchors/specialty subdivisions. unless the shops Council -construction approves timing both the -infrastructure Master Plan cost and Major responsibilities Site -No incentives Development provided; treat as Plan and the any developer provisions of -Special the Zoning conditions apply Agreement only to north side have been met. Most restrictive option. Requires significant expenditures by developer and most staff time prior to rezoning being considered. 4 Next Steps. This is a very complicated project that has been proceeding by way of numerous small steps. With Council direction, staff will complete the process section of the draft of the O-GNE District Overlay Standards and prepare for Planning and Zoning Commission hearing on November 17, 2004 and final Council consideration likely at the December 14, 2004 Council meeting. Wolford Development has already submitted a request to rezone the property to "PRC" and is awaiting resolution of this issue prior to moving forward. ALTERNATIVES: 1. The City Council can direct staff to prepare Option 1 for formal consideration by the Planning and Zoning Commission and Council as part of the "O-GNE" District Overlay standards. 2. The City Council can direct staff to prepare Option 2 for formal consideration by the Planning and Zoning Commission and Council as part of the "O-GNE" District Overlay standards. 3. The City Council can direct staff to prepare Option 3 for formal consideration by the Planning and Zoning Commission and Council as part of the "O-GNE" District Overlay standards. CITY MANAGER'S RECOMMENDED ACTION: The City Manager recommends that Council choose Alternative #2. This alternative provides the City a reasonable amount of assurances by way of the Zoning Agreement in advance of rezoning. The Master Plan would then be prepared after rezoning, and would still need to meet the requirements of the overlay zone. The timing of the Master Plan under this alternative would not require any developer of the property to undergo the expense and time of preparation without zoning in place. Alternative #1 is the least restrictive alternative. The developer of the property would still be required to prepare a Master Plan prior to construction, but the additional standards possibly included in a Zoning Agreement would be handled routinely in the subdivision process, or not addressed at all. In general, this approach would require any development in the area to follow what is required in any area of Ames that has a design overlay district, but still would be generally more restrictive than developing in most areas of the city. The timing and extent of development would be as the market dictates. Alternative 3 is most restrictive in that it requires the developer to prepare a Master Plan in speculation that rezoning will be approved later. Due to the complexity of the proposed design standards, the proposed developer of the property, Wolford Development, has estimated the cost of preparing the Master Plan to be between $280,000-$330,000. 5 COUNCIL ACTION: S:\Council Boards Comm issions\CC\N E Gateway\CAF Process Alternatives 11-03-04 6