HomeMy WebLinkAboutA002 - Memo to Council - status of rezone application, DVCN to CGS Memo
Caring People Department of Planning & Housing
Quality Programs
Exceptional Service
TO: Honorable Mayor and City Council
FROM: Steve Osguthorpe, Planning & Housing Director��
DATE: March 26, 2010
SUBJECT: STATUS OF REZONE APPLICATION—CVCN TO CGS
On March 2, 2010, the Council adopted first reading of an ordinance creating new zoning standards for a
CGS (Convenience General Commercial) zone. The ordinance is scheduled for third reading on April
13, after which time the ordinance will become effective after publication. In the Council Action Form
addressing the CGS zone, the staff reminded Council that the language will not be applicable to the site
until an application for rezone to CGS has been submitted and approved, and also indicated that the
Council may direct staff to initiate the rezone. Although the Council's action was to approve the text
creating the new zone standards, there was no direction from Council to initiate a rezone of property.
Accordingly, staff informed Casey's representatives that a rezone application would be necessary to
implement the new zone.
The application and materials for rezone was submitted on March 17 and 23, 2010, by the owner of the
Casey's site. However, the application applied only to the Casey's site, which would result in a
single-parcel rezone. The applicant may, under the provisions of Section 29.1507(2), submit an
application for a broader area of rezone, provided that the application includes owners of at least 50% of
the area of the applicable rezone area. Alternatively, the Council may, under the provisions of
Subsection 1 of that same section, direct staff to initiate the rezone.
Staff has concerns over the implications of a single-parcel rezone and is not sure what findings could be
made to support a single-parcel rezone. In order to avoid any claim regarding spot zoning, the Council
should consider the following three alternatives:
1. Direct staff to initiate rezone of the entire CVCN district at Stange and Bloomington Road.
2. Suggest to the applicant that she contact other property owners in the CVCN district to include
their properties in the petition and be parties to the application.
3. Process the application as submitted for the single-parcel rezone.
If the Council wishes to facilitate the rezone of the entire CVCN district as anticipated during
discussions on the CGS standards, the staff would recommend that the Council support alternative 1 and
direct staff to initiate a rezone of the entire CVCN district at the Stange/Bloomington location. In order
to keep this moving, the Council may want to refer this on the meeting of March 30.
PKI-5. ro -- o `( - D9
KF."J P
Date: October 9, 2009
To: Honorable Mayor and Council
From: Chuck Winkleblack
RE: Text amendments to the CVCN
I respectfully request the council to direct the staff to look at some minor changes to the text of
the CVCN regarding convenience stores. Casey's General Stores has been working for over 8
months to get a store to work under the CVCN guidelines. There are three areas that I feel need
to be looked at:
1. Canopies, I think this could also apply to banks. I believe that canopies should be
considered accessory structures and not buildings. If council can not support that interpretation
then some language needs to be changed for canopies. Requiring a pitched roof on canopies
does not enhance those projects.
2. Revisit the maximum number of allowable pumps. When the ordinance was adopted
there was discussion about the number of pumps allowed. We have talked to a number of
potential operators and the general consensus is that an increase is warranted to make the store
financially viable and operational. We are not talking about a substantial increase, four are
currently allowed, we are suggesting a change to five or six.
3. The signage language needs some fine tuning to allow a reasonable amount of signage
on the facades. This has to do with proportions and scale. I think minor changes can be made
that all sides will find acceptable
We all have worked long and hard to try to get a convenience store in North Ames, these small
changes will allow that to happen and will also be applicable to other CVCN nodes in the city.
Thanks for your time and consideration, hopefully this can be brought back at your October 27th
meeting for consideration.
Sincerely,
Chuck Winkleblack
Hunziker&Associates, Realtors