HomeMy WebLinkAboutA002 - Commission Action Form dated February 17, 2010 ITEM # 7
DATE 02-17-10
COMMISSION ACTION FORM
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT CREATING STANDARDS FOR
A NEW CGS (CONVENIENCE GENERAL SERVICE) ZONING DISTRICT
BACKGROUND:
At its meeting of January 26, the City Council directed staff to draft an ordinance that
would be specific to the CVCN located at Stange and Bloomington Road only, and that
would (a) eliminate the requirements for a Special Use Permit for car washes and
convenience stores, (b) exempt gas station canopies from CVCN design standards, (c)
allow increased building signage and incidental signage to no more than 70 square feet,
and (d) increase the number of gas pumping stations from eight to a maximum of ten.
This directive came after discussion of the attached staff report to the City Council, and
after hearing input from representatives of Casey's.
In response to the Council's directive, staff has drafted the attached text amendments that
would create standards for a new CGS (Convenience General Service) district. The
standards are similar to the CVCN district standards, except that they would include the
changes directed by the City Council, and would also include a new purpose statement that
would better reflect the changed development standards than the existing purpose
statement of the CVCN district.
The most significant change in terms of process would be the elimination of the
requirement for a Special Use Permit. Issues that were considered under Casey's
application for a special use permit (now withdrawn) included (1) hours of operation, (2)
impacts of glare from signage and canopy lighting on adjoining single-family development,
and (3) architectural compatibility between the gas station canopy and adjoining single-
family zoning district. As a permitted use, these items would not be regulated.
It should be noted that adoption of the above language will not be applicable to the site
until an application for rezone to CGS has been submitted and approved. Once the CGS
zone has been created in the zoning code, an application for rezone may follow, or the
Council may direct staff to initiate the rezone. At that time, notice of the requested rezone
and hearing will be sent to property owners within 200 feet of the site.
Consistency with the Land Use Policy Plan. The proposed language references the
CVCN zoning district, which is addressed in the LUPP. This provides enough of a "bridge"
to the LUPP to allow rezoning without amending the LUPP. The City may nonetheless want
to consider in the next LUPP update adding language specifically addressing the proposed
CGS zone.
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ALTERNATIVES:
1. The Planning and Zoning Commission may recommend that City Council adopt the
attached draft language.
2. The Planning and Zoning Commission may recommend that the City Council adopt the
proposed language with modifications.
3. The Planning and Zoning Commission may recommend that the City Council not adopt
the proposed language.
4. The Planning and Zoning Commission can refer this back to staff for additional
analysis.
RECOMMENDED ACTION:
The staff believes that the proposed language reflects the wishes of the City Council. Staff
will be prepared to answer questions the Planning &Zoning Commission may have, but as
a Council directive, the staff will be making no recommendation on this item except for the
Planning and Zoning Commission to act in accordance with one of the above alternatives.
S:\PLAN—SHR\Council Boards Commissions\PZ\Commission Action Forms\Text Amendments\Creation of CGS Zone-02-17-10.doc
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ZONING PROPOSAL
Creation of a new zoning designation is proposed, which would be defined as follows:
"CGS" Convenience General Service
(1) Purpose. The Convenience General Service Zone is intended for strategically
located nodes on major or minor thoroughfares within or near conventionally
designed suburban residential neighborhoods. This zone is similar to, and under
the same locational criteria as, the CVCN district, except that it is less restrictive in
terms of design standards, permit procedures, and scale of uses, making it
appropriate for those locations where it is less likely to impact surrounding
residential development. Development is intended to accommodate vehicular travel
associated with conventional suburban residential subdivision design. Building and
site improvements are moderately regulated to promote compatibility with the
character of surrounding residential development.
(2) Permitted Uses.
[The same use table in the CVCN district shall apply here, except that the
stated approval authority for Vehicle Service Facilities shall be a Minor Site
development Plan as opposed to a Special Use Permit.]
(3) Zone Development Standards
[This sub-section is the same as Table 29.807(3), except that the "Maximum
Size of gasoline Service" shall be changed from a maximum of 8 fueling
points to 10 fueling points].
(4) Architectural Standards. The following standards apply to all site
improvements and buildings as specified, except that gas station canopies are
deemed compatible with residential development and are therefore exempt from
these requirements.
[Except for the inclusion of the above lead sentence, this section is the same
as Section 29.807(4)].
12. Signage. All signs visible from a public right-of-way are subject to the following
standards.
[This is a new lead sentence that essentially exempts signs not visible from
a public right-of-way].
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(c) Size Restrictions.
i. A wall sign shall be no larger than sixteen square feet, except that a wall
sign may be up to 70 square feet in size if it is affixed to a building on a
lot that abuts an arterial street, and the wall sign faces the arterial street.
ii.
iii. Incidental signs. Incidental signs are allowed in addition to allowable wall
and monument signs. Incidental signs are non-illuminated permanent
signs no larger than six (6) square feet in area per sign.
(d) Number
i. . . .
ii. . .
iii. The cumulative area of all incidental signs shall not exceed 32 square
feet per building for wall signs, and shall not exceed 8 square feet per site
for ground signs.
[All other language as currently constituted in Section 29.807 would be included in the
proposed chapter creating the GSC zone]
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Staff Report
CONVENIENCE COMMERCIAL NODE (CVCN) AMENDMENTS
January 26, 2010
Background:
On January 12, 2010 the City Council referred the attached letters from Chuck Winkleblack
and Bart Clark requesting changes to the Convenience Commercial Node zoning
regulations as they relate to canopies, maximum number of pump stations, and signage.
Rather than refer these requests directly to the City staff for a recommendation, it is
believed that it would be more efficient for the Council to first review the purpose, history,
and regulations regarding this unique commercial zone and hearthe specific problems that
these regulations are causing developers who hope to build in this zone. With this
information as background, the Council will be in a better position to direct the staff how to
proceed with this issue.
There are several different types of commercial zoning districts in the City of Ames, each
with specific goals and objectives. The general commercial needs of the City are primarily
accommodated in the HOC (Highway Oriented Commercial) zoning district. This is the
largest and most widespread commercial district, and the most intense in terms of the
range and scale of uses it allows. It accommodates every type of retail use with little to no
regulation for scale or aesthetics except for limited landscaping of parking lots and the
screening of dumpsters and mechanical equipment. The lack of scale, aesthetic or design
control is perhaps less important in the HOC zones because they are typically located
away from the more sensitive zones such as single family residential. Separation is
commonly achieved by a hierarchical or step-down zoning approach. For example, an
HOC zone is commonly separated from single family homes by an intervening multifamily
or mixed use zone.
The City has other types of commercial zones with more narrowly defined purposes that
required the adoption of standards that help to achieve those purposes. This is certainly
the case with the Convenience Commercial Node (CVCN) district reflected in the Zoning
Ordinance. The concept of the CVCN was developed between 2003 and 2005 as a means
of allowing in residential neighborhoods small-scale retail and service uses in locations
convenient to nearby residents. It was further intended for local residents to accomplish
multiple tasks with just one trip, with pathway connections to the adjoining suburban
developments accommodating pedestrian access to the node.
Because the CVCN zone was to be located within residential neighborhoods, step-down
zoning could not be relied upon to mitigate the impacts of commercial development on the
neighborhoods. To overcome this problem, the use, scale and design requirements of the
CVCN District were developed to promote compatibility between the commercial node and
the surrounding residential area. The design standards of the zone are meant to ensure
that buildings reflect the massing, materials, and visual qualities of adjacent residential
development. For example, the standards address the types of siding materials, window
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proportions and roof forms. They also regulate the amount, type, and illumination of
signage in the district.
In terms of scale, buildings were intentionally kept small. A limit of 25,000 square feet was
initially determined to be appropriate. This was later increased to 35,000 square feet. The
issue of scale extended to gasoline service.There was considerable discussion and input
on this issue during the initial drafting of the regulations. Originally, the proposed
standards allowed up to 12 pump stations. However, after the public input process, the
City Council reduced the number of allowed pump stations to 8, which is the current
standard.
Attachment "A" outlines all applicable codes and policies pertaining to the CVCN district,
including statements of intent. These regulations and policies were the work of an advisory
committee made up of representatives from the development community, designers,Ames
Smart Growth Alliance, and neighborhood associations. In addition, the Planning and
Zoning Commission twice reviewed the proposed standards of the advisory committee and
held two additional public meetings.
The Convenience Commercial Node zoning provisions permits some uses by right (retail
sales and service, entertainment, restaurants, offices) and prohibits others (wholesale
trade, automobile sales and services). Because gasoline sales and car washes are
frequently needed at convenient locations, but have potential for greater impacts on
residential areas than the permitted uses,they are allowed only if identified impacts can be
mitigated. The process for identifying and mitigating impacts for these two uses is through
a special use permit granted by the Zoning Board of Adjustment. (See the criteria for
special use permit decisions in Attachment "A").
The uses allowed in the CVCN district are of a limited scope, but even more limited in the
CVCN at Stange and Bloomington. Uses in this district are limited to grocery stores,
medical centers, car washes, and convenience stores (the latter two requiring special use
permits). These use restrictions were imposed as part of a recent amendment to the Land
Use Policy Plan (LUPP) to facilitate a CVCN district in this location. Until recently, the
LUPP imposed a two mile separation between CVCN districts and other commercial
districts and villages. This separation ensured that Convenience Commercial Nodes were
located in neighborhoods only where other commercial services were not otherwise
available to nearby residents. It also ensured that commercial encroachment into
neighborhoods would be minimized.
Because the Stange/Bloomington location is within one-third of a mile of Somerset Village,
it did not comply with this separation standard. The Council therefore responded to a
request to amend the LUPP to allow a CVCN within one-half of a mile of a village, but only
for the four uses described above, and only if the uses are not otherwise provided in the
nearby village.
Another recent amendment request was to expand the number of allowed bays for a
carwash from one bay to five bays, and to clarify that the car wash did not have to be
associated with a convenience store. This change allowed the stand-alone car wash now
situated at the Stange/Bloomington CVCN site. The car wash was built under the
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provisions of a special use permit approved by the Zoning Board of Adjustment. This
process was viewed as an effective means of ensuring neighborhood compatibility. In this
case, the conditions the ZBA imposed on the car wash ultimately provided the needed
remedy to a neighbor living behind the car wash who complained after the car wash first
opened that he could hear the car wash buzzers from his home. The special use permit
provisions provided opportunity for the City to approach the car wash owner about this
issue. The owner took immediate action to remedy the situation.
Since adoption of the CVCN district, three projects have been approved under existing
standards, including Fareway, the car wash, and a medical center (currently under
construction). Each of these projects were built under current standards and without
variances. Casey's was the first project for which variances were sought. The project
included a request for four separate variances in conjunction with its special use permit.
The application was withdrawn before the ZBA took final action on the proposal. Casey's
has instead requested an amendment to the standards before moving forward with its site
plan and special use permit request.
The changes now being requested pertain to:
(a)the elimination of the requirements for a special use permit for car washes
and convenience stores,
(b) exempting gas station canopies from CVCN design standards,
(c) allowing increased building signage, and
(d) increasing the number of gas pumping stations from 8 to 12.
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Attachment "A"
APPLICABLE CODES AND POLICIES
Pertinent sections of the Land Use Policy Plan (LUPP) and the Ames Municipal Code
pertaining to the CVCN district are quoted as follows: (underlined text is added emphasis)
• LUPP, Pg. 57, 2"d paragraph.
The Convenience Commercial Node consists of"neighborhood scale" commercial
land uses appropriate for and accommodating to surrounding residential land uses.
Higher standards apply to ensure that the land use relationship between the
commercial activity and the adjacent residential land uses will be compatible.These
standards include such items as building placement, signage, lighting, landscaping,
screening, and building materials.
• LUPP, Pg. 57, 3rd paragraph.
Uses within a Convenience Commercial Node should be commercial activities
that are most compatible with residential land uses, serving convenience and localized
neighborhood needs.
• Section 29.807 in the Ames Municipal Code sets forth development standards for
the Convenience Commercial Node zoning district.
• Section 29.807(1) states the purpose of the CVCN, as follows:
The Convenience Commercial Node (CVCN) Zone is intended for strategically
located nodes on major or minor thoroughfares within or near conventionally
designed suburban residential neighborhoods. This zone encourages the
provision of small-scale retail and service uses for nearby residents. Uses are
restricted in size, scale, materials, and use to promote a local and compatible
orientation with and to limit adverse impacts on nearby residential areas.
Development is intended to be pedestrian-oriented and also accommodate
vehicular travel associated with conventional suburban residential subdivision
design. Vehicle access and parking areas are strictly regulated to promote
compatibility with the character of surrounding residential development and the
intended pedestrian orientation of uses. The Convenience Commercial Node
(CCN) Zone is intended for areas of special sensitivity in order to avoid
detrimental public and environmental impact by new land uses and to:
(a) Promote clustered and convenient commercial land uses adjacent to
residential areas
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(b) Provide for convenience to meet localized neighborhood needs.
(c) Integrate commercial land uses aesthetically and physically with
adjacent residential subdivisions
(d) Accommodate the vehicular mobility associated with conventional
residential development while maintaining pedestrian connectivity
(e) Promote higher design, building materials, landscaping standards,
signage, lighting, and screening
• Table 29.807(3) sets the maximum size for gasoline service as "fueling points to
serve not more than 8 vehicles at once."
• Section 29.807(4)(a) states that "buildings shall be compatible with adjacent
residential buildings and with each other through similarities in scale, proportion,
form, architectural detailing, color and texture."
• Table 29.807(3) sets the maximum size for gasoline service as "fueling points to
serve not more than 8 vehicles at once."
• Section 29.807(4)(e) provides standards for roof design, stating that "in order to
minimize the visual difference between commercial and residential uses, look
similar to nearby single-family residential dwellings, and give emphasis to
architectural elements that will help divide the mass of a large building into smaller,
identifiable pieces, all buildings shall incorporate one or more of the following
groups of roof forms:
(i) Roof elements commonly found on unattached or attached single-
family dwellings, such as pitched roofs equal to or steeper than
6:12, gables, dormers, or cupolas. These residential roof elements
shall also have a durable high-quality surface, such as architectural
shingles, standing seam metal or tile.
(ii) Variations in roof forms and also variation in height of roof
elements.
(iii) Flat roofs, but only if concealed by parapets, sloped roof forms or
other architecturally integrated features and also variation in height
of these roof elements.
(iv) Roof forms that correspond to and bring attention to elements and
functions such as entrances, arcades, porches, building corners,
and/or focal points.
• Section 29.201(21) defines building as "any structure having a roof supported by
columns or walls for shelter, support or enclosure of persons, animals or chattels."
• Section 29.807(12)(c)(i) states that a "wall sign shall be no larger than sixteen
square feet, except that a wall sign may be up to thirty-two square feet in size if it is
affixed to a building on a lot that abuts an arterial street, and the wall sign faces the
arterial street."
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As stated above, a special use permit is required for some uses in the CVCN district
including car washes and gasoline sales and service. The special use permit is reviewed
and approved by the Zoning Board of Adjustment. The criteria for that decision are the
General Standards and Commercial Zone Standards of Section 29.1503(4), as follows:
General Standards. The Zoning Board of Adjustment shall review each application
for the purpose of determining that each proposed use meets the following standards, and
in addition, shall find adequate evidence that each use in its proposed location will:
(i) Be harmonious with and in accordance with the general
principles and proposals of the Land Use Policy Plan of the City.
(ii) Be designed, constructed, operated and maintained so as to be
harmonious and appropriate in appearance with the existing and intended
character of the general vicinity and that such a use will not change the
essential character of the area in which it is proposed.
(iii) Not be hazardous or disturbing to existing or future uses in the same general
vicinity.
(iv) Be served adequately by essential public facilities and services such as
highways, streets,police, fire protection, drainage structures, refuse disposal, water
and sewage facilities, and/or schools.
(v) Not create excessive additional requirements at public cost forpublic facilities
or services.
(vi) Not involve uses, activities, processes, materials, and equipment or
conditions of operation that will be detrimental to any person, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or
odors.
(vii) Be consistent with the intent and purpose of the Zone in which it is proposed
to locate such use.
Commercial Standards. The Zoning Board of Adjustment shall review each
application for the purpose of determining that each proposed use located in a commercial
zone meets the following standards as well as those set forth in Section 29.1503(4)(a)
above and, in addition, shall find adequate evidence that each use in its proposed location
Will.
(i) Be compatible with the potential commercial development and use ofproperty
planned to occur in area;
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Represent the sufficiently desirable need for the entire community that the loss of
commercial land is justifiable in relation to the benefit;
This criterion is not applicable in this instance. There is no loss of
commercial land that needs to be justified.
And be consistent with all other applicable standards in the zone.
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