HomeMy WebLinkAboutA003 - Council Action Form dated January 22, 2008 ITEM #: 1 U
DATE: 01/22/08
COUNCIL ACTION FORM
SUBJECT: REZONING OF PROPERTY LOCATED AT 329 SOUTHEAST FIFTH
STREET FROM AGRICULTURAL ("A") TO HIGHWAY-ORIENTED
COMMERCIAL ("HOC")
BACKGROUND:
This is a request to rezone a rectangular parcel located on the north side of Southeast Fifth
Street and east of South Duff Avenue. It is a 4.67-acre parcel owned by SunTrust Bank as
Trustee for Darrell R. Crane.
The Land Use Policy Plan (LUPP) designation for the site is Highway-Oriented
Commercial. The applicant proposes to rezone the property from Agriculture ("A) to
Highway Oriented Commercial ("HOC"). It is also in the General Flood Plain Overlay
District. After rezoning and protection from flooding, it would be available for development
for the wide range of commercial uses allowed in the Highway-Oriented Commercial zoning
district. (See attached Maps)
Currently the property is vacant and in the past has primarily been used for row crop
agriculture. It is legally described as Parcel AG of Plat of Survey Instrument No.
2006-00001039 of the Story County Recorder, and is a platted lot within the City of Ames;
no further platting is required in order to develop. Southeast Fifth Street is the only public
street providing frontage and access. A private drive owned by Target Stores is adjacent to
the subject property on the west. The property is served by City sewer, water, and electric
services. See attached Location Map and Utilities Map.
Description of Surrounding Area.
Area LUPP Designation Zoning Land Uses
North Highway-Oriented HOC Commercial
Commercial (Highway-Oriented Commercial)
South Highway-Oriented HOC (Highway-Oriented Commercial
Commercial Commercial)
East Environmentally A (Agriculture) Agriculture
Sensitive Area
West Highway-Oriented HOC Commercial
Commercial (Highway-Oriented Commercial)
Also, see the attached Land Use Policy Plan Map and Existing Zoning Map.
Land Use Policy Plan (LUPP) goals and pertinent to this proposal are described below,
with each goal followed by a statement of compliance.
Goal No. 1. Recognizing that additional population and economic growth is likely, it
is the goal of Ames to plan for and manage growth within the context of the
community's capacity and preferences. It is the further goal of the community to
manage its growth so that it is more sustainable, predictable and assures quality of
life.
The subject area has never been previously developed. However, redevelopment of
older Highway-Oriented Commercial areas for newer Highway-Oriented Commercial
development has occurred or is occurring on three sides of the subject site, and the
site has been designated as Highway Oriented Commercial (HOC) on the City's Land
Use Policy Plan map, which reflects the City's preferences for use of the site.
Goal No. 2. In preparing for the target population and employment growth, it is the
goal of Ames to assure the adequate provision and availability of developable land.
It is the further goal of the community to guide the character, location, and
compatibility of growth with the area's natural resources and rural areas.
One of the City's objectives under this goal is to assure the availability of sufficient
suitable land resources to accommodate the range of land uses that are planned to
meet growth and sufficient to eliminate market constraints. The proposal provides a
small amount of commercial land in a location identified for this use in the Land Use
Policy Plan. Also, no known unique or sensitive natural resources are known on this
property. While the site is within the City's floodway fringe, the City's flood plain
regulations anticipate that development within the floodway fringe will not raise
floodwaters within the floodway by more than one foot, which is allowable under
both City and State law. (See Ames Municipal Code Section 9.1.3(a))
Goal No. 3. It is the goal of Ames to assure that it is an "environmentally-friendly"
community and that all goals and objectives are integrated with this common goal.
In continuing to serve as a concentrated area for human habitat and economic
activity, Ames seeks to be compatible with its ecological systems in creating an
environmentally sustainable community.
One objective is to maintain and enhance the value of its stream corridors as
drainage ways and flood management areas, plant and animal habitats, recreational
and scenic areas, and pathways for linking the overall community. The City supports
this objective in this area by preserving a floodway area adjacent the Skunk River
that is large enough to accommodate the 100-year flood event even if the adjacent
floodway fringe is filled. It also is seeking opportunities to provide a multi-use trail
connection closer to the Skunk River than the subject property.
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Five City wells are located east of the subject property, one of which is within 500
feet. This close proximity of the wellhead raises concerns over pollutants reaching
the wellhead as a result of development of the subject site. However, through
development of the subject property, storm water management design standards are
required to be met. This includes grading, facilities, improvements, or some
combination thereof, which results in no increase in the rate of runoff when
compared to the undeveloped condition of the area to be developed. In designing
the storm water management control for this site, the proximity to the City's well
system, over 350 feet to the nearest well, will need to be taken into consideration.
Chemical applications to ground surface within 200 feet of a City well are prohibited.
Therefore, with storm water design standards imposed during the development
review process, there is no need to address storm water management during the
rezoning process.
Goal No. 5. It is the goal of Ames to establish a cost-effective and efficient growth
pattern for development in new areas and in a limited number of existing areas for
intensification. It is a further goal of the community to link the timing of development
with the installation of public infrastructure including utilities, multi-modal
transportation system, parks, and open space.
This proposal is consistent with the related objective to seek the continuance of
development in emerging and infill areas where there is existing public infrastructure
and where capacity permits. The site is served by an eight-inch diameter water
main, an 18-inch diameter sanitary sewer, and a 60-inch diameter storm sewer, all
adequate to serve the area of commercial use that this site accommodates.
Southeast Fifth Street is an existing concrete roadway along the entire length of the
subject property.
Goal No. 7. It is the goal of Ames to provide greater mobility through more efficient
use of personal automobiles and enhanced availability of an integrated system
including alternative modes of transportation.
If development of the site generates more than 100 trips in a peak hour, or more than
750 trips per day a Traffic Impact Study(TIS)for the site will be required. Preliminary
trip calculations do not indicate that a TIS will be needed.
The five other goals of the City's land use policy are not directly related to this rezoning
proposal and are being carried through other policies and projects. All of these goals and
objectives can be found on pages 14 through 23 in Chapter One of the Land Use Policy
Plan.
The Land Use Policy Plan calls for most of the community's new commercial growth to be
in nodes rather than strips. Since the Land Use Policy Plan adoption, through zoning, the
City has added 54 acres to convenience and community commercial nodes and provided
for 235 acres of planned regional commercial. Currently, 56 acres of zoned convenience
and community commercial node is undeveloped, and 235 acres of zoned planned
regional commercial is undeveloped. In contrast, other than the zoned highway-oriented
commercial area at the city's southeast entry, most of the recent and ongoing corridor
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development has been redevelopment of existing commercial corridors, such as South
Duff Avenue and Lincoln Way. The proposed four-acre parcel of new commercial
development land embedded in a redeveloping corridor is not inconsistent with the City's
goals and policies for future commercial uses.
The proposed rezoning converts productive agricultural land to development. The City
does preserve row cropland within its corporate limits in locations not suitable for
development due to floodway or other environmental conditions. Although the property
east of the subject property meets these criteria, the subject property does not because it
is not directly in the floodway. Furthermore, City policies support urban expansion within
corporate limits, in part, through policies that support rural preservation in its urban fringe
by preserving 94% of the high value agricultural land within two miles of Ames.
Although the subject property is within the Floodway Fringe District, City policy anticipates
that said Floodway Fringe District could be fully developed and still leave enough area for
waters in the Floodway District to rise by no more than one (1) foot as allowed by State
law. (See Ames Municipal Code Section 9.1(3)(a)). Any project on the subject property
will be required to obtain a Conditional Use Permit in the General Floodplain (Overlay)
District. Therefore, the proposed rezoning is consistent with this City policy.
Through design of the storm water management controls for the subject property, the
proximity to the City's well system shall be considered. Ames Municipal Code Section
23.407 and 29.406 provides for storm water management through the site planning
process.
As mentioned above, the existing City utilities are adequate to serve the area of
commercial use that this site accommodates. Through the site planning process, the City
may need to obtain an easement for an existing sewer.
The traffic generated by development of this site is related to the size of the site and the
specific type of use. Preliminary calculations indicate that even under the most
traffic-intensive assumptions, the projected traffic will not exceed the thresholds for which a
traffic impact study is required.
FINDINGS. The following findings of facts are pertinent to this proposal:
1. Ames Municipal Code Section 29.1507(2) allows owners of 50% or more of the area
desired for rezone to file an application requesting City Council to rezone the site.
The applicant is the only owner of the site proposed for rezoning, which equates to
100% ownership of the requested rezone area.
2. The application was received on November 16, 2007. The deadline for the Planning
& Zoning Commission to file its recommendation to the City Council (pursuant to
Ames Municipal Code Section 29.1507(2)) is February 16, 2008.
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3. Notice of the map change was mailed to owners of property within 200 feet of the site
on December 26, 2007. This is in addition to the notice required no sooner than 7
days prior to the hearing before the City Council (Ames Municipal Code Section
29.1507(4)). Notice of the hearing before the City Council was mailed on January 8,
2008.
4. The property at 329 Southeast Fifth Street is designated on the Land Use Policy Plan
(LUPP) Map as Highway-Oriented Commercial (HOC).
5. Section 29.804 of the Ames Municipal Code states in part that it is the intent of the
HOC zone to allow auto-accommodating commercial development in areas already
predominantly developed for this use and to allow a full range of retail and service
businesses with a large local or citywide market.
6. The subject property is within the floodway fringe, where City policy allows
development if measures are taken to protect people and property from flood
hazards. A Conditional Use Permit will be required before any development takes
place.
7. The property proposed for rezoning is within 500 feet of the City's wellhead(s).
8. An eight-inch diameter water main, an 18-inch diameter sanitary sewer, and a
60-inch diameter storm sewer serve the subject site. A public street serves the site
with capacity for traffic that is expected from commercial development on a 4.27-acre
site.
CONCLUSIONS. The following conclusions are based upon the above findings:
1. The proposed establishment of the "HOC" (Highway-Oriented Commercial)zone on
the subject site is consistent with the Land Use Policy Plan.
2. The proposed designation of the subject site as Highway-Oriented Commercial is
consistent with the intent of this zoning district in that it will allow commercial
development that accommodates automobiles in the largest and most intensively
used such area in the city.
3. Rezoning of the subject site is consistent with the City's flood protection policies.
4. Storm water management design will need to take into consideration the proximity to
the City wells. If special measures are needed to protect the City's wellheads, these
will be determined during the site plan review process.
5. The existing infrastructure is adequate to serve the uses allowed by the proposed
zoning designation for the subject site.
6. All rezoning application and processing requirements as specified by State and local
codes have been met.
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Recommendation of the Planning & Zoning Commission. At its meeting of January 2,
2008, with a vote of 6-0, the Planning and Zoning Commission recommended approval of
the rezoning of 4.67 acres of land of Parcel AG of Plat of Survey Instrument No. 2006-
00001039 of the Story County Recorder from "A"(Agricultural)to"HOC" (Highway-Oriented
Commercial).
ALTERNATIVES:
1. The City Council can approve the rezoning of 4.67 acres of land of Parcel AG of Plat
of Survey Instrument No. 2006-00001039 of the Story County Recorder from "A"
(Agricultural) to "HOC" (Highway-Oriented Commercial), based upon the staff's
findings and conclusions.
2. The City Council can approve the rezoning of 4.67 acres of land of Parcel AG of Plat
of Survey Instrument No. 2006-00001039 of the Story County Recorder from "A"
(Agricultural) to "HOC" (Highway-Oriented Commercial) with specific conditions
deemed reasonable and necessary to satisfy public needs which are directly caused
by the requested change.
3. The City Council can deny the rezoning of 4.67 acres of land of Parcel AG of Plat of
Survey Instrument No. 2006-00001039 of the Story County Recorder from "A"
(Agricultural) to "HOC" (Highway-Oriented Commercial) if the Council finds and
concludes that the proposed rezone is not consistent with adopted policies and
regulations, or that the rezone will impose impacts that cannot be reasonably
mitigated.
4. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information.
MANAGER'S RECOMMENDED ACTION:
It is clear that rezoning of the subject property to the Highway-Oriented Commercial zoning
district is consistent with the Land Use Policy Plan Map and therefore consistent with
surrounding uses. The issues to be decided have to do with impact of the use at this time,
how to mitigate those impacts, and how the property is developed for commercial
purposes. The conclusions based on the above findings indicate that the impacts of
commercial development have been anticipated as the City has provided for infrastructure
in this area, and that any requirements arising from conditions at or near the site can be
established during the permitting process under existing development standards.
It is City Manager's recommendation that the City Council act in accordance with
Alternative#1, which is to recommending that the City Council approve the rezoning
of 4.67 acres of land of Parcel AG of Plat of Survey Instrument No. 2006-00001039 of
the Story County Recorder from "A" (Agricultural) to "HOC" (Highway-Oriented
Commercial), based upon the staff's findings and conclusions.
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Applicable Law
The laws applicable to this case file include, but are not limited to, the following: (verbatim
language is shown in italics, other references are paraphrased):
Section 29.804. Highway-Oriented Commercial.
(1) Purpose. The Highway-Oriented Commercial (HOC) Zone is intended to allow auto-
accommodating commercial development in areas already predominantly developed for
this use. The zone allows a full range of retail and service businesses with a large local or
citywide market. Development is expected to be generally auto-accommodating, with
access from major traffic ways. The zone's development standards are intended to
promote an open and pleasant street appearance; development that is aesthetically
pleasing for motorists, pedestrians and the businesses themselves;and compatibility with
adjacent residential areas.
Table 29.804(2). Highway-Oriented Commercial (HOC)Zone Uses. This table defines the
uses allowed in the "HOC" zone.
Table 29.804(3). Highway-Oriented Commercial (HOC) Zone Development Standards.
This table defines the development standards in the "HOC" Zone.
Section 29.1507. Zoning Text and Map Amendments. This section describes the process
for reviewing and approving a rezoning proposal.
Iowa Code Section 414.5 Changes — protest. This section allows the City Council to
impose reasonable conditions on map amendments, provided that the conditions have
been agreed to in writing by the property owner before the required public hearing or any
adjournment of the hearing. The conditions must be reasonable and imposed to satisfy
public needs, which are directly caused by the requested change. Affected property
owners may file a protest of the change prior to or at the public hearing.
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