HomeMy WebLinkAboutA001 - Commission Action Form dated March 16, 2005 t
ITEM#: XII
DATE: 3/16105
COMMISSION ACTION FORM
SUBJECT: ZONING TEXT AMENDMENT ESTABLISHING A CONVENIENCE
COMMERCIAL NODE DISTRICT
BACKGROUND:
The Ames Land Use Policy Plan provides for a Convenience Commercial Node land use
type. The attachment "Information on Convenience Commercial Nodes" summarizes the
policies for this land use type. The attached map illustrates potential approximate locations
of this use type.
In November 2004, the Planning and Zoning Commission reviewed a draft zoning
ordinance for this use. Due to the questions and comments from the Commission and the
public, the Commission asked staff to work with the public on revisions and bring a revised
draft back to the Commission. Staff has since received comments from people involved
with commercial development (Chamber of Commerce, Ames Smart Growth and others)
and have revised the ordinance substantially. Staff has provided revised drafts to those
groups for review and held a public meeting on March 3 to review the draft.
Attached are the revised draft provisions and standards that would create a new zoning
district to implement this land use policy. It includes illustrations of some of the provisions,
which would not ultimately become part of an ordinance.
ANALYSIS:
The following questions and comments remain after the public input on the attached
version of the ordinance. Following each is staff's response.
Table 29.806(2) Schools are not a permitted use. Will this eliminate pre-schools?
Pre-schools are classified as a Child Day Care use, which is allowed in the proposed
ordinance. Also note that schools are allowed in FS-RL zoning districts, which is the use
type that these commercial areas will be close to.
Section 29.806 (14) Operational Standards:
• Mandating operating hours (closed 12:00 a.m, to 6:00 a.m.) is too confining to
commercial operations and will discourage development of this use. Activity
associated with commercial uses and its noise, traffic, and lights are the source of the
typical use conflicts between commercial and residential uses. This provision
eliminates the conflict during the most sensitive time of day for the residential use.
The commercial business owner's willingness to comply to this standard, as
demonstrated by locating here, confirms that he or she understands the
circumstances and requirements of being responsible for a commercial use in a
residential neighborhood. If a business is not financially viable with such operational
restrictions, then perhaps it should locate in one of the other five commercial zoning
district types available, where hours of operation are not regulated.
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• Prohibiting seasonal uses will eliminate produce stands and farmer's markets,
which are a benefit to residential neighborhoods. That is true. It will also eliminate
the sometimes very large seasonal businesses attracted by the traffic on an arterial
street, for which no provision has been made for traffic, parking, trash, and other
potential nuisances to the residential neighborhood.
• Prohibiting storage of hazardous, toxic or volatile substances will also prohibit
gas sales, which will eliminate convenience stores. This provision appears to be
overly broad and these substances are controlled by State law, Fire Code, and
Building Code. It should be eliminated.
• Should development of this use type require a Major Site Plan, which requires
Planning and Zoning Commission and City Council action, such as is required
for Regional Commercial Land Use in the East Gateway Overlay zone? The
development under this use type will be of a scale and type that is commonly guided
by the minor site plan development review process. These proposed standards could
be administered by staff. The complexity, time, cost, and unpredictability of major site
plan review by the Commission and Council might well discourage this type of
development.
There may be other questions and comments brought to the Commission before and at the
meeting.
ALTERNATIVES:
1. The Planning and Zoning Commission can recommend approval of the proposed
provisions and standards for the text amendment establishing a Convenience
Commercial Node District.
2. The Planning and Zoning Commission can recommend denial of the proposed
provisions and standards for the text amendment establishing a Convenience
Commercial Node District.
3. The Planning and Zoning Commission can recommend approval of the proposed
provisions and standards for the text amendment establishing a Convenience
Commercial Node District with modifications.
4. Action on this request can be postponed and referred back to City staff for additional
information.
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RECOMMENDED ACTION:
It is recommended that Alternative #3 be adopted, that the Planning and Zoning
Commission recommend approval of the proposed provisions and standards for the text
amendment establishing a Convenience Commercial Node District, with modifications:
delete Section 29.806(14)(d) related to hazardous materials. Following this action, staff
would prepare the final text amendment language and submit it to City Council for public
hearing and adoption on first reading. Under Alternative#1,this text amendment would not
return to the Planning and Zoning Commission for further consideration.
Ames residents value their neighborhoods and the convenience of a small town that the
community offers. Although Ames does offer the convenience and walkability of mixed-use
neighborhoods such as the downtown area, South Lincoln neighborhood, University area,
and Somerset, many people also prefer the space and character of suburban
neighborhoods. This zoning text amendment strengthens such neighborhoods by
providing for convenient commercial services, while at the same time encouraging
architectural and site design that can help make each neighborhood distinctive and
encourage a sense of place among its residents.
Attachment
S:\Council Boards Commissions\PZ\Commission Action Forms\Text Amend men ts\ConvenienceCommercial Zoning Text Amendment-
03-16-05.doc
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Cindy L Hollar/COA To Diane R Voss/COA@COA
03/17/2005 11:11 AM cc
bcc
Subject Text Amendment Going to Council
Here is a copy of the Commission Action Form regarding the text amendment that I spoke to you about a
few minutes ago, minus any attachments. Let me know if you need a hard copy of the attachments. Jeff
is taking care of getting the actual ordinance over to the Legal department. This is scheduled to be on the
Council agenda for April 12.
�fC \
Thanks!
Convenience Commercial Zoning Text Amendment-03-16-05.doc
Cindy Hollar, Secretary
Department of Planning & Housing
Phone: (515)239-5298
Fax: (515)239-5404
chollar@city.ames.ia.us