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Home My WebLink AboutA003 - Council Action Form dated april 27, 2010 ITEM # 37 DATE: 04-27-10 COUNCIL ACTION FORM SUBJECT: REZONING OF PROPERTY LOCATED AT STANGE ROAD AND BLOOMINGTON ROAD FROM CONVENIENCE COMMERCIAL TO CONVENIENCE GENERAL SERVICE BACKGROUND: The owner of property at 3612 Stange Road, BBNC, LLC (Bart Clark), requested rezoning of the property from Convenience Commercial Node (CVCN) to Convenience General Service (CSG) for the purpose of developing a convenience store. The City Council subsequently initiated rezoning of all of the other properties to the north and west that are currently zoned Convenience Commercial Node. (See Location Map Attachment A) The land proposed for this rezoning is located on the north side of Bloomington Road. Three properties are developed as a grocery store, a medical office and clinic, and a car wash. A convenience store is proposed for 3612 Stange Road. The City has not yet received a specific development proposal for 3725 Stange Road. Description of surrounding area. Area LUPP Designation Zoning Land Uses North Village/Suburban Floating Suburban-Medium Fallow, Residential Residential Density Residential (FS-RM); Floating Suburban-Low Density Residential (FS-RL) South Village/Suburban Agriculture (A); Floating- Agriculture; Residential Residential Suburban Low Density Residential (FS-RL) East Environmentally Government-Airport (S-GA); Water tower; Railroad; Sensitive Area; Low Low Density Residential (RL) Residential Density Residential West Village/Suburban Floating Suburban-Medium Fallow; Residential Residential Density Residential (FS-RM); Floating Suburban-Low Density Residential (FS-RL) See the attached Existing Land Use Policy Plan Map (Attachment B) and Zoning Map (Attachment C). Recommendation of the Planning & Zoning Commission. At its meeting of April 7, 2010, with a vote of 7-0, the Planning and Zoning Commission recommended that the City Council approve the rezoning of the land described on Attachment A from Convenience Commercial Node (CVCN) to Convenience General Service (CGS), with uses limited to 1 only convenience stores (which may include gasoline and food sales — no sit-down restaurants), grocery stores, medical offices and clinics, and car washes, by adopting the findings of fact and the conclusions described above, subject to the condition that the CGS zoning district and regulations are approved by City Council and become effective. (NOTE: This zoning district became effective on April 20, 2010. ALTERNATIVES: 1 . The City Council can approve rezoning of the land described on Attachment A from Convenience Commercial Node (CVCN) to Convenience General Service (CGS). 2. The City Council can deny the rezoning of this land. 3. The City Council can defer action on this request and refer it back to City staff and/or the applicant for additional information. MANAGER'S RECOMMENDED ACTION: The City Council directed staff to initiate rezoning of the entire CVCN district at Stange and Bloomington Roads. Consistent with that directive, it is the recommendation of the Manager that the City Council accept Alternative #1, approving rezoning of the land described on Attachment A from Convenience Commercial Node (CVCN)to Convenience General Service (CGS). 2 APPLICABLE LAW Land Use Policy Plan (LUPP) Goals and Policies.When the subject property was zoned CVCN, the City Council determined that this designation at this location is consistent with the LUPP. That determination is still applicable to the proposed zoning. Zoning. The City Council has approved on April 13, 2010 third reading of a new CGS zoning standard. These new standards are now effective. The proposed CGS zoning regulation states the following purpose: (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 vehiculartravel associated with conventional suburban residential subdivision design. Building and site improvements are moderately regulated to promote compatibility with the character of surrounding residential development. The references to the CVCN zoning district, which is also addressed in the LUPP, indicate this CGS zoning district is appropriate in areas that the LUPP Map designates for CVCN use, if commercial development at that location "is less likely to impact surrounding residential development." Whether the subject area is consistent with that condition is addressed below. The CGS Use Table allows for the same uses as allowed by the current CVCN zoning. However, a development agreement approved by the City Council by Resolution No. 08-246 on June 10, 2008, limits the uses on the subject property to grocery store, convenience store, car wash, and medical office and clinic. The proposed rezoning does not affect this development agreement. The CGS Zone Development Standards and architectural standards differ from the CVCN Zone Development Standards and architectural standards only as described in the attached "Zoning Text Differences Between CVCN and CGS." (Attachment D) Applicant's Submittal. The applicant submitted an explanation of the consistency of this rezoning with the Land Use Policy Plan. It is included as an attachment to this report. (Attachment E) Staff Analysis. The LUPP land use map designates the entire subject area as Convenience Commercial Node. The Somerset Village south of the subject property, zoned Village Residential, also includes a commercial area. The CVCN designation for the subject propertywas made underthe CVCN location exception criteria of the LUPP,which 3 included restricting uses that are not currently found in the nearby area zoned Village Residential. This resulted in the use limitations included with the CVCN land use designation at this location, described above. The Land Use Policy Plan calls for most of the community's new commercial growth to be in nodes rather than strips. The City Council limited uses in the subject property by the LUPP text and by the rezoning ordinance, thereby preventing enlargement of the node. It cannot be enlarged as it has nearly reached its allowable size (9.79 acres of a maximum allowed 10 acres). No other commercial zoning district is identified on the LUPP map adjacent or anywhere near this proposed CGS area. Because of these limitations, this commercial node cannot be extended eastward or westward along Bloomington Road. Neither can it be extended northward along Stange Road, nor southward to connect with the commercial district of the nearby village, thus ensuring it remains as a node rather than a future strip, without a change to the LUPP. For these reasons, this development is consistent with the policy for most of the community's new commercial growth to be in nodes rather than strips. Both the CVCN and CGS zoning designations implement the city's land use policies for new neighborhood-scale commercial nodes. The distinction between them is that the CGS is intended to be used "where it is less likely to impact surrounding residential development." The following factors about the subject property may support these criteria: 1. Existing low density, single family residential homes to the east are separated from the subject property by a railroad right-of-way and a city water tower on a 1.5-acre site. 2. A low density residential zoning district is located across the street. Existing single family houses across the street from 3612 Stange (Lot 3, the site of the proposed Casey's convenience store) have their back and side elevations facing the street and not their front elevations. 3. Across Stange Road to the east of these houses, is agriculturally zoned property with a land use designation of Village/Suburban Residential, which supports a variety of residential uses at a minimum density of more than 5 units per acre. 4. There are no other existing low density, single family residential homes surrounding the subject property. 5. Multi family housing exists directly north of the subject site and west of it beyond an undeveloped area. Zoning of the undeveloped property to the north and west is Suburban Residential Medium Density (FS-RM), which allows, in addition to single family residential homes, two-family, single-family attached, and multiple family dwellings of up to 12 units per building with a minimum net density of 10 units per acre. During the development review process of the rezoning, re-platting, and master plan update, the public works staff reviewed the proposed change of uses to determine traffic 4 impacts. They concluded that any changes in traffic generation from the residential uses initially planned to the proposed commercial uses could be accommodated by the proposed street improvements. As the requested rezoning does not change the permitted uses, these findings are still valid for this request. No portion of this land is within any identified LUPP designation (e.g., Gateway Protection Area, Watershed Protection Area, and Airport Protection Area) that would impact this proposed rezoning. Neither is it within a flood hazard zone as identified by FEMA. As mentioned above, the existing City utilities are adequate to serve the area of commercial use that this site accommodates. Findings of Fact and Conclusions: FINDINGS. Staff makes the following findings of facts: 1. Ames Municipal Code Section 29.1507(1) allows rezoning to be initiated by the City Council or by petition. In addition to the application for rezoning from the owner of 3612 Stange Road, on March 30, 2010, the City Council initiated the rezoning of the entire area currently zoned CVCN. 3. On March 30, 2010, notice of the proposed zoning map amendment was mailed to owners of property in the subject area and within 200 feet of the subject area. 4. The property lying north of the intersection of Stange Road and Bloomington Road is designated on the Land Use Policy Plan (LUPP) Map as a Convenience Commercial Node through action of the City Council on May 13, 2008. 5. The City Council has approved a zoning text amendment that creates the new zoning designation Convenience General Services (CGS), which was published on April 20, 2010. On the same date, notice of public hearing on this rezoning request was also published. 6. The pending CGS zone encourages the provision of small scale retail and service uses for nearby residents. The restrictions of allowed uses through a developer's agreement will not be affected by this rezoning. CONCLUSIONS. Based upon the above findings, the City Council may conclude as follows: 1 . Public notice was provided in a manner consistent with city procedures. 2. The proposed rezoning meets many of the goals of the LUPP and reflects the designations of the LUPP map. 3. The proposed rezoning maintains the restrictions approved as part of the LUPP. These restrictions reflect the community preferences as articulated by the City 5 Council through the LUPP amendment process and made binding through a developer's agreement. 4. That conditions specific to the subject property (listed above) are sufficient to meet the purpose of the CGS zoning. 6 Attachment A . �rn Z --€ � HARRISON R R 3111 q j tE Z_ vERtO'', � S w q BURNHAM PL % > O- j l N O7 NA i W a : GRAkT CIR FARII}iAM DR . r w BLO.OMINGTON.RDJ TIT r Subject CULIEN DR W Area .m UJ w LU a a � DALTON ST } W a 0. BAYBERRY RD O ,... YORkHIR � SE � 1 87 , i Z M iT3 . _.. . Location Map Proposed Rezoning for: Lots 2,3,and 4,Northridge Heights Subdivision, 3612 - 3815 Stange Addition and Lots 1 and 2,Northridge Heights Subdivision, _, N 13th Additioin 0 250 500 1,000 Feet 7 Attachment B ,illagWuhwi3an ROME d =; LL :s i v'U LEN DR lei DALTON ST }i s T a; General Location and Adjacent LUPP Designations 8 Attachment C �S �Pp.� { ._.. a=' FS-R L HARRISON RD FS-R fvl `- ft0, BORO DR ,c, -_-.... - RL ti W s ? FS-RM �� €% z S-GA F-PRD GRANT clrr LL S GA LCO I'll ING,TON RD"" p CULLEN DR Subject Area O ' w > x w v A RL Q.. DAL-TON ST. FS-RL 3 O w BAYBERRY PO t9. YORKSHIRE ST w G F-VR Existing Zoning Proposed Rezoning for: Lots 2.3,and 4,Northridge Heights Subdivision, 3612 - 3815 Stange 12thAddition and I Lots 1 and 2,Northridge Heights Subdivision. 13th Additioin t„ 0 250 500 1,000 Feet 9 Attachment D ZONING TEXT DIFFERENCES BETWEEN CVCN AND CGS Creation of a new zoning designation is proposed, which would be defined as follows: "CGS" Convenience General Service (different purpose statement): (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]. 10 (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. Complete text of the pending CGS Zoning District is available from the City Attorney.] it . . Attachment Text portion mfapplication submitted for rezoning of 3612 Stange Rezoriing Checklist Reasons for reguesting rezoning To accommodate the placement of a Casey's store with five pumps instead of four, which is allowed |na [V[N. Consistency of this with the Land Use Policy Plan We feel it is consistent with Land Use Policy Plan as currently established. Current Zoning CV[N — Convenience Commercial Node Proposed Zoning CGS—Convenience General Service Proposed Use Convenience Store with Gas Sales Complete Legal Description Lot Three (3)' Northridge Heights Subdivision,Twelfth Addition, an official rep>at' a|| being in and forming a part of the City of Ames, Story County, Iowa. Land Area l.2S acres (54,390 square feet) Map See Attached [A rezoning plat for ]6l2 Stange Road was attached l0 the 8pylioatino.] 12