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Home My WebLink AboutA003 - Council Action Form dated February 8, 2005 f ITEM # V DATE 02/08/05 COUNCIL ACTION FORM SUBJECT: TEXT AMENDMENTS TO THE COMMUNITY COMMERCIAL NODE ZONING REGULATIONS BACKGROUND: The community's land use policy calls for Community Commercial Nodes, clusters of mixed shopping and service uses that provide a shared attraction in specific locations, with good access for the entire community or a major portion of it. Although there is no mention in the Land Use Policy Plan of residential uses associated with Community Commercial Nodes, the Zoning Ordinance permits household living above the first floor of a commercial building. There is no other guidance in the zoning ordinance for the character of residential use. The first two Community Commercial Nodes to develop, Northern Lights on North Duff Avenue and Eastgate at Dayton and 13th Street, have no residential uses. However, the Community Commercial Node emerging northwest of the U.S. Highway 30 and South Dakota interchange is so far predominantly residential. Although the entire first floor of the large building is commercial use, the two upper floors are residential. The site is dominated by the parking needed to support this residential use. Eight more buildings that are similar are planned in the West Towne apartments south of Mortensen, with four under construction this year. The type, scale, and character of this residential development can have a major impact of the type of commercial use likely to locate here and on the appearance of this designated community gateway area. For these reasons, following the recommendation of the Planning and Zoning Commission, the City Council has directed that residential use be removed from the uses permitted in the "CCN" (Community Commercial Node) zoning district. The following steps are proposed to accomplish this, while at the same time recognizing the legitimate existing development with both commercial and residential uses: • Zoning text amendment removing residential use from the "CCN" (Community Commercial Node) zoning district (which will affect undeveloped parcels). • Zoning text amendment creating a "CCR" (Community Commercial/Residential Node) zoning district. • Rezoning of developed and developing parcels to accommodate both commercial and residential use. This Council Action Form discusses the two zoning text amendments. A separate Council Action Form discusses the rezoning. PROPOSED ZONING TEXT AMENDMENTS The revised text for the "CCN" (Community Commercial Node) zoning district amendment changes only Table 29.802(2) "Community Commercial Node (CCN) Zone Uses." For the Use Category "Household Living" in the "Status" column, "N" replaces the current "N, except in combination with a commercial building, in which case it shall be located above the first floor." (See Attachment A) Although Northern Lights and Eastgate have this zoning designation, they do not have residential uses, so no non-conforming uses are being created by this text amendment. Because the Land Use Policy Plan does not discuss residential uses in the policy for this type of land use, this change is consistent with the Land Use Policy Plan. The text for the proposed "CCR" Community Commercial/Residential Node zoning district is the same as the current "CCN" (Community Commercial Node) zoning district. Therefore, in the use table, for the Use Category "Household Living" the "Status" column shows "N, except in combination with a commercial building, in which case it shall be located above the first floor." (See Attachment B) This is the same zoning provision under which the current multiple-use buildings are developing in the area of the U.S. Highway 30 and South Dakota interchange. The intention is to rezone these properties to this new CCR zoning district. Therefore, no non-conforming uses are being created by this text amendment or rezoning. RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: With a vote of 5-0, the Planning and Zoning Commission recommended approval of the proposed text amendment to the "CCN" (Community Commercial Node)zoning district and the text for the new "CCR" Community Commercial/Residential Node zoning district at its meeting of February 2, 2005. 2 ALTERNATIVES: 1. The City Council can approve the text amendment to the "CCN" (Community Commercial Node) zoning district and the text for the new "CCR" Community Commercial/Residential Node zoning district. 2. The City Council can deny the text amendment to the "CCN" (Community Commercial Node) zoning district and the text for the new "CCR" Community Commercial/Residential Node zoning district. 3. The City Council can refer this action back to staff for further study. CITY MANAGER'S RECOMMENDED ACTION: It is recommended that Alternative #1 be adopted. Alternative #1 recommends that the City Council approve the text amendment to the "CCN" (Community Commercial Node) zoning district and the text for the new"CCR" (Community Commercial/Residential Node) zoning district. These text amendments will prevent residential uses in future projects in the Community Commercial Node and preserve the legal viability of the development with both uses that has already occurred. As a whole, these text amendments and the proposed rezoning will promote commercial services for west Ames. COUNCIL ACTION: Attachment 3