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Home My WebLink AboutA003 - Council Action Form dated February 8, 2005 ITEM #: 021 DATE: 02/08/05 COUNCIL ACTION FORM SUBJECT: REZONING OF PROPERTY WEST OF THE INTERSECTION OF DICKINSON AVENUE AND MORTENSEN ROAD FROM "CCN" (COMMUNITY COMMERCIAL NODE)TO "CCR" (COMMUNITY COMMERCIAL/RESIDENTIAL NODE). BACKGROUND: Based on the City's policy that the area around the interchange of U.S. Highway 30 with South Dakota Avenue should be an entryway into the community, the City Council had directed staff to make recommendations concerning an overlay district to guide certain aspects of design for new development in the area. In November and December, the Planning and Zoning Commission reviewed a report from the staff on this issue that discussed the emerging development in the portion of this area that is intended for major commercial uses. Some of this development is predominantly residential in character. Upon review of three alternative concepts for the future land use patterns in the area, the Commission recommended to the City Council that future development in the area designated as Community Commercial Node not include residential use, and that the far west portion of the existing Community Commercial Node be changed to a High-Density Residential land use area. The Commission also recommended some requirements for building and parking lot placement. (All from "Alternative Concept C") As this discussion was occurring and since then, Eller Enterprises had continued to develop plans and begin site grading for a 14-acre, western portion of the Community Commercial Node, a project known as West Towne Apartments. In recognition that this development could well receive permits and continue, staff prepared for the City Council an Alternative Concept D. This Concept reflected the Commission's recommendation, but included the entire West Towne Apartment project as proposed. Based on this Concept D, the City Council has approved the following policies for the area: • Remove residential uses from the Community Commercial Node east of Dickinson Avenue. • West of Dickinson Avenue, include residential uses as in the original Community Commercial Node: above the first floor in a commercial building. • Leave building setbacks and parking lot locations as in the current Community Commercial Node (no front building setback and parking allowed in the front yard). At this time,the City Council is being asked to approve zoning changes to implement these policies. A separate Council Action Form discusses revising the Zoning Ordinance to create a Community Commercial Node zoning designation without residential uses, and a Community Commercial/Residential Node zoning designation with residential uses. This Council Action Form pertains to applying the new Community Commercial/Residential Node zoning designation to some of the property at this southwest entryway that is currently zoned as Community Commercial Node. This procedure is being proposed because there are other areas of the community already developed with the Community Commercial Node zoning designation, which have no residential uses, and because there are areas of the community designated for future Community Commercial Nodes, which are not intended to include residential uses. ANALYSIS: Since the accompanying proposed zoning text amendments removes residential use from the Community Commercial Node, the intention of this rezoning is for the residential uses just recently developed, or under development, to maintain their conformity to the City's Zoning Ordinance. This action also allows an additional undeveloped parcel of 5.22 acres the option of residential uses above the first floor. Existing Land Use. The subject property,which is west of Dickinson Avenue, is currently partially developed or under development with commercial use on the first floor and residential uses above. A portion of the subject area is undeveloped. (See Existing Land Use Map) Proposed Land Use. The subject property is intended to continue to have commercial use on the first floor and residential uses above. Land Use Policy Plan (LUPP). The subject property is designated as a Community Commercial Node on the Future Land Use Policy Plan Map. The City, through its Zoning Ordinance, has allowed residential uses. However, the City Council has recently clarified its policy to allow residential uses in Community Commercial Nodes only in this subject area. Therefore, the proposed zone change to"CCR" is consistent with the City's land use policy. Zoning. The subject site is currently zoned "CCN" (Community Commercial Node). 2 The following existing land uses, zoning designations, and land use policy designations are associated with the surrounding properties: NORTHWEST NORTH NORTHEAST Land Use: Detached Land Use: Multi-family Land Use: Multi-family Residences Residences Residences Existing Residential Low Existing Residential High Existing Residential High Zoning: Density Zoning: Density Zoning: Density LUPP Village/ LUPP High-Density LUPP High-Density Designation: Suburban Designation: Residential Designation: Residential Residential WEST SUBJECT AREA EAST Land Use: Multi-family Land Use: Multiple Use: Land Use: Vacant Residences Commercial and Residential Vacant Existing Residential Existing Community Existing Community Zoning: High Density Zoning: Commercial Zoning: Commercial Node Node LUPP High-Density LUPP Community LUPP Community Designation: Residential Designation: Commercial Designation: Commercial Node Node SOUTHWEST SOUTH SOUTHEAST Land Use: U.S. 30 Land Use: U.S. 30 Land Use: U.S. 30 Agricultural Agricultural Agricultural Existing Agricultural Existing Agricultural Existing Agricultural Zoning: Story County Zoning: Story County Zoning: Story County LUPP Village/ LUPP Village/ LUPP Community Designation: Suburban Designation: Suburban Designation: Commercial Residential Residential Node The City is initiating a rezoning of the subject property to "CCR" (Community Commercial/Residential Node). Utilities. The utilities adjacent to this site will be adequate to serve the needs of this future development. Access/Streets. The subject property will have access to Mortensen Road and Dickinson Avenue at locations designated in the approved subdivision plats for Dauntless Subdivision. No additional streets are planned within this development. Fire. The City's fire response time goal is to have 85% of the land area of the city within a response time of five (5) minutes or less. The subject property is located in an area that is within a five-minute response time. RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: With a vote of 5-0, the Planning & Zoning Commission recommended approval of this rezoning request at its meeting of February 2, 2005. 3 ALTERNATIVES: 1. The City Council can approve the rezoning of the subject property west of the intersection of Dickinson Avenue and Mortensen Road from "CCN" (Community Commercial Node) to "CCR" (Community Commercial/Residential Node). 2. The City Council can deny the rezoning of the subject property west of the intersection of Dickinson Avenue and Mortensen Road from "CCN" (Community Commercial Node) to "CCR" (Community Commercial/Residential Node). 3. The City Council can refer this action back to staff for additional information. CITY MANAGER'S RECOMMENDED ACTION: The major portion of the subject property has developed or is developing in conformance to the City's Community Commercial Node zoning regulations at the time of application for zoning and building permits. The accompanying change in those zoning regulations would make the developments on these properties non-conforming with respect to land use. Those zoning regulation changes would have no such affect on any other existing property in Ames. Therefore, this rezoning is intended to maintain the conformity of these properties to the City's Zoning Ordinance. In addition, this rezoning permits one vacant parcel within the subject area to have residential use along with commercial use, as was the case with all of the property in the area to be rezoned and the remaining property within Community Commercial Node zoning, at the time it was purchased for development. Therefore, it is recommended that Alternative #1 be adopted. This is a recommendation to City Council to approve the rezoning of the subject property west of the intersection of Dickinson Avenue and Mortensen Road from "CCN" (Community Commercial Node)to "CCR" (Community Commercial/Residential Node). As a whole,this proposed rezoning, and the accompanying 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, which will promote commercial services for west Ames. 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