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HomeMy WebLinkAboutA003 - Council Action Form dated April 27, 2010 �3 o(d CIF ITEM # 3 DATE: -27-10 COUNCIL ACTION FORM SUBJECT: REZONING OF PROPERTY LOCATED AT 530 AND 900 SOUTHEAST 16T" STREET FROM AGRICULTURAL (A) TO HIGHWAY-ORIENTED COMMERCIAL (HOC) BACKGROUND: On January 28, 2010, Fox Engineering Associates (Scott Renaud)submitted an application requesting rezoning of two adjacent properties owned by Hickory Park, Inc. (David Wheelock): 530 Southeast 16th Street, a 20.38-acre part of Parcel C: • 900 Southeast 16th Street, a 19.47-acre part of Parcel D: The property is located on the south side of Southeast 16th Street between the South Duff commercial corridor and the Skunk River. (See Attachment A, Location Map) The proposal is to rezone all of Pt. Parcels C and D from Agricultural (A) to Highway Oriented Commercial (HOC). (See Attachment B, Rezoning Map and Attachment E, Existing Zoning Map) When the City Council referred this rezoning request, it directed staff to report on the overlays in the area when the rezoning comes back to the City Council. Two types of overlay zoning districts apply in this area: Flood Plain Zoning and Southeast Entryway Overlay Zoning. The fundamental issues to be considered by the City Council are as follows: Issue A. Whether the request to rezone both parcels to HOC is consistent with the LUPP. It is clear that the majority of the property that has been requested to be rezoned as HOC is consistent with the LUPP. The outstanding issue is whether or not rezoning the balance of the property(northeast portion on Pt. Parcel D) to HOC is consistent. Issue B. Whether or not to apply a design overlay to the subject property. And, if the answer is "yes," then (a) should the existing S.E. Gateway Overlay be extended to this property, (b) should a new Duff Avenue Gateway Overlay be established for this area and applied to this property, or (c) should new unique design standards be applied only to this property under a developer's agreement. Issue C. Whether the rezoning should be conditioned upon the construction of sidewalks along the S.E. 16th frontage of the subject property. 1 On February 26, 2008, the City Council added the Highway-Oriented Commercial land use designation on the Land Use Policy Plan (LUPP) Future Land Use Map for undeveloped properties west the Skunk River, north of U.S. Highway 30, and south of the Squaw Creek. Specifically, this designation was placed on all of Pt. Parcel C and the southwest half of Pt. Parcel D. The land use designation of the northeast half of Pt. Parcel D remained Agricultural. (See Attachment D, Land Use Plan Map) The existing Environmental Sensitive Lands designation on all of this property remained but was thereafter shown on a separate Greenways and Environmentally Sensitive Lands Map. (See Attachment D, Land Use Plan Map and additional discussion below on land use policy) This entire area is within the general floodplain of the Squaw Creek and the Skunk River. Therefore, in addition to land use designations, the City of Ames has floodplain zoning designations. The northeast half of Pt. Parcel D is within the Floodway Overlay Zone. All of Pt. Parcel C and the southwest half of Pt. Parcel D are within the Floodway Fringe Overlay Zone. (See Attachment F, Flood Plain Zoning Map) Rezoning of the properties from A to HOC does not change the floodplain overlay zoning designations. By July 2009, the Southeast 16t" Street bridge over the Skunk River was replaced and the street was paved from two blocks east of South Duff Avenue to South Dayton Avenue. The City along with property owners adjacent to this road shared in the cost. Therefore, it is apparent from this financial commitment that the City Council supported commercial development along this corridor. To date, none of this land has been developed. Surrounding Area. Attachment D, Attachment E, and Attachment A identify the Future Land Use Map designations, existing zoning, and existing land use of the properties surrounding the property proposed for rezoning. Issue A Consistency of Zoning Request with LUPP Because the subject property is located within the floodplain,the land use designations are complex. (See Attachment D, Land Use Plan Map) The Highway-Oriented Commercial designation for a portion of the subject property means that city policy supports commercial uses associated with strip development along major thoroughfares of any scale. The Agricultural land use designation on the balance of the site supports crop production, animal husbandry, and fallow areas. However, to any use there is a caveat due to the Environmentally Sensitive Lands designation. The Environmentally Sensitive Lands designation applies to the property due to the presence of the flood plain on the property and the importance of river systems to the natural environment and to the health of the ecosystems. The Land Use Policy Plan states that Environmentally Sensitive Lands should be protected from detrimental use, may or may not be suitable for development, and special requirements may be necessary to 2 ensure environmental compatibility. The city has enacted no other policies or standards that apply to the Environmentally Sensitive Lands designation in this location. Pt. Parcel C and the southwest half of Pt. Parcel D are within the Floodway Fringe zone. The northeast half of Pt. Parcel D is in the Floodway zone. (See Attachment F, Flood Plain Information) The floodway is the area along both sides of the river that carries the flow of water in a flood. The Floodway Fringe is the area on both sides of the river where the elevation of the land can be raised to be above a flood. The boundary between the Floodway and the Floodway Fringe has been established based on the assumption that all of the land in the Floodway Fringe has been filled to an elevation one foot above the flood elevation. All of this is based on the flood height that has a 1% chance of happening every year. Both the Floodway and the Floodway Fringe can be used, but the uses are different and the way development is designed is different in each. In the Floodway, the Flood Plain Zoning Ordinance allows agricultural, industrial, commercial, recreational, and residential uses that do not require earth fill or structures. Therefore, floodways are often used for cropland, nurseries, orchards, parking areas, landing strips, golf courses, tennis courts, picnic grounds, wildlife preserves, lawns, gardens, and play areas. In the Floodway, certain uses that require fill or structures are allowed if a Conditional Use Permit is issued by the Zoning Board of Adjustment. The Permit is based on performance standards so that the structures do not impede the flow of water, do not reduce the volume of water storage, resist flood damage, do not endanger people, etc. In the Floodway Fringe, which is the rest of the subject property, all uses are permitted that are otherwise allowed by Zoning and other regulations. However, the use and the development must meet standards that protect people and property from floods. Parking lots and other site areas do not need to be protected from flooding. The most common method for meeting these requirements is to fill the site to place the floor of buildings three feet above the flood elevation. However, there are other ways to"flood proof"development and the Flood Plain Overlay Zoning Code contains standards for evaluating these methods as they are applied to each project. City staff administers these requirements. These zoning requirements protect the public and property from impacts of flooding. The requested rezoning does not relieve the subject properties from these flood plain zoning requirements. Although the Land Use Policy Plan (LUPP) Future Land Use Map shows two uses on the property at Pt. Parcel D, this application seeks to rezone the entire parcel to Highway-Oriented Commercial. This requires an interpretation of the Future Land Use Map: 1. One interpretation is that the Future Land Use Map is a policy document meant to guide decisions about how the legal document, the Zoning Map, will establish uses permitted and not permitted on each parcel. This interpretation would assert that uses on the Future Land Use Map are not necessarily intended to follow existing property 3 lines. Rather, when land uses split parcels, the City Council considers all goals, objectives, and policies of the plan along with conditions at and around the subject property and determines which of the uses shown on the property should prevail for the entire property. This interpretation is the position of the applicant. The disadvantage of this approach is that, it forces large parcels with changing conditions or constraints across the parcel to be deemed fully in or fully of out of a particular zone. It assumes that a large parcel cannot be split by two zones, which is not correct (although, the more restrictive of the two zones would dominate unless the property is then divided at the zoning line). Applied repeatedly, it can lead to uncertainty about the Plan, which defeats one of the primary purposes of land use regulation. 2. Another interpretation is that each of the uses shown on the Future Land Use Map is placed there for various good reasons, viewed from a long range prospective. It is unrealistic to expect at the time the Plan is created that the existing property lines and land ownership will align with the long range future plans of the community. This interpretation is based on the premise that individual decisions about ownership and dividing property should be made with the Plan in mind, rather than decisions about the land uses on the Plan be based on ownership and property lines. That is one of the primary purposes for the Plan. In most cases, the LUPP designations do follow the property lines, but when they do not follow property lines, they typically follow defined conditions or natural site characteristics, such as topography or riparian corridors. These site conditions may provide logical places for transitions between zones. In rare instances, land use designations "bleed" across a property line for no apparent reason. In these instances, the City Council must consider specific conditions of each case to interpret the intent of the LUPP. The staff believes that interpretation #2 above applies to this case, particularly because the area in question is a floodway. As described above, floodways are Environmental Sensitive Lands that are important to the natural environment, water quality, wildlife habitat and the health of the ecosystems. The designation of the portion of Pt. parcel D that is in the flood way as Agricultural appears to be purposeful and leaving this portion of the subject property in its current agricultural zoning seems to be more consistent with the intent and policies of the City for land use and zoning. As indicated above, the zoning code states that when two zoning designations are shown on the same parcel, that the standards for the most restrictive zoning district apply to the whole parcel. Agricultural zoning district is more restrictive than Highway-Oriented Commercial zoning. Under interpretation #2, before the southwest portion of the subject property is developed for commercial use, Pt. Parcel D would need to be subdivided along the new zoning line. This division can occur after the rezoning. 4 Issue B. Need for entryway design overlay or standards. The Land Use Policy Plan designates three interchanges in the southeast area of Ames as community entries: • Interstate 35 and U.S. Highway 30 • U.S. Highway 30 and Dayton Road • U.S. Highway 30 and Duff Avenue (See Attachment J, Community Entries Map) In order to enhance the arrival in Ames and direct traffic in accessing major areas activity centers, the LUPP calls for these entries to be well identified and designed to be distinctive, especially with respect to signs, lighting, landscaping, building placement, site access, and parking location. The LUPP also says "Any corridors associated with entries should be designed to reflect a continuation of the distinctive design characteristics of the associated interchange." (LUPP, pp. 113-114) To implement this policy for the Interstate 35 and U.S. Highway 30 entry and the U.S. Highway 30 and Dayton Road entry the City, Iowa Department of Transportation, and property owners have cooperated to establish and fund a conceptual plan for the Ames Southeast Gateway. They have implemented the first phase (landscaping and public improvements) and are in design for the second phase (sculptural light columns). The City Council has also established the Southeast Gateway Overlay zoning district with some use restrictions and design standards for development of properties. (See attached Attachment E, Existing Zoning Map and Attachment G, Applicable Laws and Policies) The City Council has several options to incorporate policies for community entries with this zoning action. 1. If it is determined that the subject area is part of the Southeast Gateway, then the Southeast Gateway Overlay Zoning District could be extended west across the river to encompass this property. This would require a second rezoning initiated by the City, either immediately following action on this rezoning request or by delaying a final decision on this zoning request until after a public hearing on applying overlay zoning to the subject property. The option would likely take the least amount of time of the three options for applying entryway standards. 2. If it is determined that the area is part of the South Duff entry, then an overlay zoning district would have to be created and applied to the subject property along with other properties determined to be part of that entry. In order to be certain that the standards of that district apply to the development on the subject property, this new zoning district should be adopted before the subject property is rezoned, which would defer this rezoning request. Otherwise the standards would not apply to any development for which permits are applied for before the new overlay zoning district is established. Of the three options for applying entryway standards, this option would likely take the most amount of time. 5 3. If it is determined that the subject property is not associated with either entry, due to distance from the entries, intervening land uses or other conditions, but that the subject property is important as part of a corridor associated with a community entry, U.S. Highway 30, then design standards could be created specifically for this property. This could be done in cooperation with the property owner and then agreed to as part of a written zoning agreement at the time the subject property is rezoned. This option would also defer this zoning request until the standards and agreement are prepared. It can also be determined that any commercial development of the subject property will not have a significant impact on community entryways, in which case there is no need for design standards. Issue C. Responsibility for Public Sidewalks. Public sidewalks are not yet installed along Southeast 16th Street. The developer is normally required to install this sidewalk on its property frontage when the property is subdivided. Therefore, if the property is rezoned and requires no subdivision, the property could be developed with no sidewalk. That would be inconsistent with development of other retail commercial areas. To ensure that commercial development as permitted by the rezone included sidewalks, a rezoning agreement could be prepared requiring a sidewalk across the frontage of each parcel be built before approval of an Occupancy Permit for that parcel. The property owner would have to agree before the City Council takes action on the rezoning request. Goals and Objectives of the Land Use Policy Plan. The land use goals and policies relevant to this rezoning request are included as Attachment I. Applicable Laws and Policies. According to the rezoning application, the subject properties will be developed to their highest and best use. (See Attachment C, Rezoning Narrative prepared by applicant) If rezoned to HOC, the property can be used for any uses permitted in the zoning code for that zoning designation, generally all uses, except residential, industrial, or schools. This is the zoning designation of most of the commercial areas of Ames. (See Attachment G, Applicable Laws and Policies for references to the lists of these uses.) However, the floodplain zoning designations limit these uses somewhat and require specific development characteristics to protect people and property from flooding. Attachment G provides additional details about the laws and policies that are applicable to this case. Recommendation of the Planning &Zoning Commission. At its meeting of March 17, 2010, with a vote of 6-0, the Planning and Zoning Commission recommended that the City Council approve the rezoning of Pt. Parcel C & the southwest half of Pt. Parcel D from A (Agricultural) to HOC (Highway-Oriented Commercial) leaving the existing zoning of the northeast half of Pt. Parcel D unchanged, with the following conditions: a. Require plantings to restore the native riparian landscape on the east 200 feet of Pt. Parcel D. b. Build the sidewalk across the frontage of each parcel before approval of 6 an Occupancy Permit for that parcel. c. Consider creating an overlay district affecting these parcels prior to the rezoning becoming effective. d. Before rezoning, provide a legal description for the east line of the Highway-Oriented Commercial Zoning that approximates the Floodway zoning overlay boundary. Most of the Planning and Zoning Commission discussion concerned the potential impact of development on entryways to Ames. The Commission added condition "c" above to the recommendation. Since the Planning and Zoning Commission meeting, the applicant has chosen not to prepare a legal description for the southwest half of Pt. Parcel D before the City Council hears the rezoning request. If the City Council decides to rezone only this southwest half of Pt. Parcel D that action will need to be deferred until a legal description is prepared. ALTERNATIVES: 1. The City Council can support rezoning of Pt. Parcel C and the southwest half of Pt. Parcel D from Agricultural (A)to Highway-Oriented Commercial (HOC) by requesting that the applicant provide a legal description describing the approximate area of the Floodway Fringe zoning district on Pt. Parcel D, which will also be the portion of Pt. Parcel D that is to be rezoned from Agricultural (A)to Highway-Oriented Commercial (HOC). After this information is submitted, this rezoning action can be scheduled for final action by the City Council. 2. The City Council can approve the rezoning of Pt. Parcel C & D from Agricultural (A)to Highway-Oriented Commercial (HOC) as requested by the applicant. 3. The City Council can deny the rezoning of Pt. Parcel C & D from Agricultural (A) to Highway-Oriented Commercial (HOC) if the City Council determines that the proposed rezoning is not consistent with adopted policies and regulations, or that the rezone will impose impacts that cannot be reasonably mitigated. 4. 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: Staff believes that the Land Use Policy Plan supports rezoning of Pt. Parcel C and the southwest half of Pt. Parcel D from Agricultural (A) to Highway-Oriented Commercial (HOC). Staff's interpretation of the Land Use Policy Plan as it applies to this case is that the Plan does not support rezoning of the northeast half of Pt. Parcel D from Agricultural (A) to Highway-Oriented Commercial (HOC). The Agricultural/Farmstead and Environmentally Sensitive land use designations for the northeast portion of the subject property are also shown for the entire foodway along both sides of the Skunk River north 7 to the commercial property along East Lincoln Way, as well as for the Squaw Creek west of the South Duff Avenue. Other lands designated as floodways are designated on the Land Use Policy Plan map as parks and open space and managed by public agencies for those purposes. This indicates that the land use policy of the City is to provide for commercial and other developed uses in areas outside of the floodways and to manage the floodway areas for agriculture, recreation and open space uses. In order for the City Council to give final zoning approval for only the southwest half of Pt. Parcel D, the City Council must have a legal description of the area being rezoned. Therefore, it is the recommendation of the City Manager that the City Council act in accordance with Alternative #1, and that the City Council support rezoning of Pt. Parcel C and the southwest half of Pt. Parcel D from Agricultural (A) to Highway- Oriented Commercial (HOC) by requesting that the applicant provide a legal description describing the approximate area of Floodway Fringe zoning district on Pt. Parcel D, which will also be the portion of Pt. Parcel D that is to be rezoned from Agricultural (A) to Highway-Oriented Commercial (HOC). Alternately, if the City Council agrees with the applicant's interpretation of the Land Use Policy Plan, then it should act in accordance with Alternative#2 and approve the rezoning of Pt. Parcel C & D from Agricultural (A) to Highway-Oriented Commercial (HOC) without conditions. If the City Council desires to have the developer install a sidewalk along the S. 16tn frontage to the subject property, it should also require that a rezoning agreement be presented defining this responsibility, before action is taken on the rezoning request. Finally, staff feels that the existing Southeast Entryway is separate from the subject property due to distance and the presence of the Skunk River. Therefore, if the City Council concludes that it is important to develop entryway standards for the South Duff Entryway or for this property in the U.S. Highway 30 corridor, it can act in accordance with Alternative #4, deferring action on this request and referring it back to City staff and/or the applicant for additional information. Council should understand that this alternative would delay the rezoning of the subject project. 8 Attachment A —r� i� S 5 HST `E IH I { Subject L Area I f� T7� lirTHST w � �.,,,�,�,_ SE LOTH _ --1 Y p -J i LS i t H �Y'0 l,S H{GH iaCCESs v^, 4 U7 H� �f A r BILLP SUNDAP RD i AIRP RT RD t a "Ira- "MR-WI, :^« R KITTY H WK=DR r € RUBYCIR ` ONyX5T �l,ty*k''F � 1z Location Map 530 & 900 S.E. 16th Street 0 500 1,000 2.000 Feet N 9 Attachment B R. BRADLEY STUM60 P.O. BOX 1664 AMES, IOWA 50010 515-233-3689 REZONING MAP NW CORNER —NE CORNER I"NE114 NEI�4 SEC 14 83-24 NE CORNER SEC .14 83 24 NW CORNER NWI/4. NWI/4 k, S.E. 16TH STREET SEC. 13-83-24 SEC. 13-83-24 REC. AS S89-I-a,5 4 F. Kc, AS 569*33 25'E 50 "RIGHT Or WAY LINT �S0006'4e-E 50.00, iu F+ PARCEL IO: 09-44-2P5-020 0 PAACE1. TO: 09-13-100-105 tr) W) A AvkCEL C D P'T, P PT PAX'CS�_ Cc o � Pita A NliiIA SEC- SEC S'00CES 54 "s7 ACRES (n W A6 W.0 U] HOC- .155,55' Sag— '48'E-) Z 30 .70, AC 1� 6.IA,46* AS 1 51 N34' !La.5 584 47", iioo 0 0 AS 7600, '1FYH U.S. HIGHWAY #30 Survey Description-Area to be rezoned from A-i (Agricultural) to HOC (Highway oriented Commercial): Parcel C. except the North 50.00 feet thereof, in the North one-half Of the Northeast Quarter of Section 14, Township 83 North. Range 24 West of the 5th P.M_ City of Ames. !Story County, Iowa being more particularly described as follows: Beginning at a paint on the East line of said Section 14 which Is 50,00 feet South of the Northeast Corner thereof; thence 500*06'46"E, 786.10 feet along the East line of said Parcel C to the Southeast Corner thereof, said pain' being an the Northerly right of way of U.S, Highway #30: thence following the Southerly line of said Parcel C and the Northerly line of U.S. Highway #30 S84*47'12"W, 608,50 feet: thence N84*39'54'W, 776.00 feet to the Southwest Corner of said Parcel C; thence departing said right line S89*25'48"E, 302.70 feet; thence NOO*06'05"W, 782.95 feet along the West line Of saidP,rce I L to a point on the South right of way line of S.E. 16th Street: thence S89*25'48-E. 1075.82 feet along said line to the point of beginning. containing 20.38 acres. Parcel 0 except the North 50.00 feet 'thereof, in the Northwest Quarter of the Northwest Quarter a,, Secti6ni3, Township 83 North, Ranye 24 West of the 5th P.M., City of Ames, Story County, Iowa being more particularly described as allows: Beginning at a point on the West line of said I Section 13 which Is 50.00 feet South of the Northwest Corner thereof: thence SB9'39'i5­E, 1224.29 feet along v line of S.E. 16th Street to a point on the East line of said thence South right of Way I Southeast Corner of said Parcel 0' said point Parcel 0; hence SOO'11'51"E. 554.10 feet to the h being on the Northerly right of way line of U.S. Highway #30: thence following the lire of said Parcel 0 and the Northerly right of waK line of said U.S. Highway 430 576' A'A6"W, 756.86 feet; thence S84*47'12"W, 491.50' feet to the cuthwest Corner of said Parcel 0; thence N00'06'48"W, 786.10 feet to the point of beginning, containing 19.47 acres. NOTES 1. SURVEYED BEARINGS ARE BASED ON THE STATE PLANE COORO. SYSTEM (IOWA NORTH - NAC) 83) . 2. PLAT OF SURVEY OF PARCELS C AND 0 WAS FILED ON MARCH A2, 1993 IN STORY COUNTY RECORDER'S OFFICE IN BOOK li, PAGE 140. S FOR PUBLIC RIGHT OF WAY. 3. THE NORTH 50' OF PARCELS C & 0 WAS ACQUIRED BY THE CITY OF AME .1. CURRENT ZONING: A I (AGRICULTURAL) PROPOSED ZONING: HOC (HIGHWAY ORIENTED COMMERCIAL) GRAPHIC SCALE 1"=400 PROPRIETOR: HICKORY PARK, INC. Certification: I hereby certify that this land surveyingdocument was prepared and the related survey Work was L performed t EY LTG I am a IZENS 0 ate of Iowa. Q�, 17161 Date: R. Bradley l My license _� date is December r. a 31, 2007 job #15834HRZ Date: 1/21/09 Page I of I 10 Attachment REZONING NARRATIVE Hickory Park Property'55VSE16 m Street and 9VOSE16/"Street January Z8'2O10 Current Zoning—Agricultural (/-1) Proposed Zoning—Highway Oriented Commercial (HO[) Proposed Use of the Property—In conformance with the HOC zone requirements. Reasons for Requesting theRezoninQ—Propertycennutbedeve|opadtoitshighentandhestuse without rezoning the property to Highway Oriented Commercial, Consistency of the Rezoning with the Land Use Policy Plan—The current adopted LUPP designates the area as[ommeida| lands. K:\!prn}\5000\5244-03AHickory\3I0Rezoning\ReznninQNa/rutive.doc ll Attachment D Wry �< ACrICUtl�ra SE:�;RD ST ,_ -i Farmstead w Environmentally Sensitive SE 5TH 5 w v �I G Iyy i AgriculturallFarmstead &'Greenway ,gr# R � F7 run stea"Cl___ w &, a nM 4 Environm en }t a�- . ,. W 5ei7sjttve= . w Agriculturalf r W o Farmstead WQ Y CC {. Z Z W (X 0 ED J z a Environmentally > .. y Sensitive Q Q u > Hlgkrwa dr rte �. SEI6THST N C©rrimeria( Highway Oriented _ Commercial o E n v i°r;Q rrra+?na 11 y D US HIGHWAY 30 Ug kIG�H� m US HIGH.. -_. 30 RAMP WAY 30 WAY � U H ,. S I '_ R RPgpP ACC. .. TO TS COMPLEX SPOR PIN Subject -S.� G+t i I E 18TH ST, u Area .v:.-..- Gateway BILLY SUt Is 1" PI"i7teCftOn A Agricultural I 3��� ala r� js�'jdjj 3 f�ii���Ij�I}�q��ij{3 IU ill s Land Use Plan Map 530 & 900 S.E. 16th Street - ' 0 500 1,000 2,000 Feet 12 Attachment E S-GA h y Subject A ;r p 5idwt F �E'C FIP1t,H ST a b ' - Pat"CelS g� ' H 0-GSE HOC HV�7 3 US ifiGliVJAY� 1 � bR41.�P : yySHiGM4VAY30 ttSritGHGVAY30 � e< CGESS7t7gPORTSGatlPLEx 3 dtN Ka "f a a_ � a r a x S-GA RH s ' c tl N "IQ M 1 N� G .................................................................................................................................................................................................................................................................................................................................................................................................................................................._ Existing Zoning Map 530 & 900 E.E. 16th Street .. 0 500 1,000 2,000Feet r; V 13 Attachment F ��1! Ivl�l'SA dt „, �""�g' Subject � L Parcels : �7� E 1 b I�H$7�; 8 S ", i". yi a ---""�•���r 7I§- Ct�fMIPLE x 1 3 � a T 3 3 ( t � 41 �a. P Flooclvay Fringe ,, , € t5 ....... ......... Flood Plain Information (FEMA) 630 & 900 S.E. 16th Street ww- u 0' 500 1,000 2,000 Feet 14 Attachment G Applicable Laws and Policies The laws applicable to this case file are as follows: • Land Use Policy Plan (LUPP) Goals, Policies and the Future Land Use Map: The Land Use Policy Plan (LUPP) Future Land Use Map identifies the land use designations for the properties proposed for rezoning. The LUPP goals and policies that apply to the rezoning request were analyzed and considered by the Planning and Zoning Commission and the City Council, at the time the Future Land Use designations were changed for the properties under consideration in December, 2009, and January, 2010. • Ames Municipal Code Chapter 29, Section 1507, Zoning Text and Map Amendments includes requirements for owners of land to submit a petition for amendment, a provision to allow the City Council to impose conditions on map amendments, provisions for notice to the public, and time limits for the processing of rezoning proposals. • Ames Municipal Code Chapter 29, Section 804, "HOC" Highway-Oriented Commercial includes a list of uses that are permitted in the "HOC" zoning district and the zone development standards that apply to properties in that zone. • Ames Municipal Code Chapter 29, Section 600, "A" Agricultural Zone includes a list of uses that are permitted in the "A" zoning district and the zone development standards that apply to properties in that zone. • Ames Municipal Code Section 29.1107, "O-GSE" Southeast Gateway Overlay District includes a list of uses that are prohibited in the "O-GSE" zoning district and the zone development standards that apply to properties in that zone. • Ames Municipal Code Chapter 9 Flood Plain Zoning, contains permitted uses, conditional uses and development standards for flood-prone areas. 15 Attachment H Findings of Fact Based upon an analysis of the proposed rezoning and laws are pertinent to the applicant's request, the following findings of fact can be made: 1 . Ames Municipal Code Section 29.1507(2) allows owners of 50% or more of the area of the lots in any district desired for rezoning to file an application requesting that the City Council rezone the property. The property represented by the applicant is entirely under one ownership, which meets the minimum requirements for ownership of the property requested for rezoning. 2. Notice of the proposed zoning map amendment was mailed to owners of property within 200 feet of the site on March 10, 2010. This is in addition to the notice required no less than 7 days prior to the hearing before the City Council (Ames Municipal Code Section 29.1507(4)). In addition, a sign providing public notice of the request for rezoning has been placed at the site proposed for rezoning. 3. Pt. Parcel C and the southwest half of Pt. Parcel D have been designated on the Land Use Policy Plan (LUPP) Future Land Use Map as "Highway-Oriented Commercial." 4. The east half of Pt. Parcel D has been designated on the Land Use Policy Plan (LUPP) Future Land Use Map as "Agricultural." 5. Pt. Parcel C & D have been designated on the Land Use Policy Plan as "Environmentally Sensitive Land." 6. The uses allowed in the Highway-Oriented Commercial (HOC) zone are found in Table 29.804(2) of the Municipal Code. Table 29.501(4)-2 provides a detailed list. 7. The Zone Development Standards for the Highway-Oriented Commercial (HOC) Zone are found in Table 29.804(3) of the Municipal Code. 8. Pt. Parcel C and the southwest half of Pt. Parcel D has been zoned Floodway Fringe Overlay District. Municipal Code Section 9.5 describes the uses allowed and the performance standards for land disturbance in the Floodway Fringe Overlay district. 9. The east half of Pt. Parcel D has been zoned Floodway Overlay District. 10. Southeast 16th Street accommodates the volume of traffic expected for commercial uses. At the time of subdivision or site planning, the best way to accommodate turns into and out of the sites will be determined and needed improvements, which the developer will be the responsible for. Adequate right-of-way has been secured for any of the options. 16 11. The subject property is fully and adequately served by storm sewer, sanitary sewer, water and electrical utilities, located within and around the two parcels. 12. The land north of the subject property and on the east side of the Skunk River, carries the Greenway land use designation. Also, south of the highway the land carries the Parks and Open Space, Greenways and Natural Areas land use designations. (See Attachment D, Land Use Plan Map) These designations indicate the creation of a continuous land use corridor that protects and expands wildlife habitat and continuous pathways for humans. The Ames Capital Improvements Plan includes a multi-use pathway system along the east edge of the site that connects the recreation complex and neighborhoods south of it, the green corridor along the Skunk River, and the parks and other areas of Ames north of the subject site. 17 Attachment I Applicable Goals and Objectives of the Ames Land Use Policy Plan 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. 1 .A. Ames seeks to diversify the economy and create a more regional employment and market base. While continuing to support its existing economic activities, the community seeks to broaden the range of private and public investment. 1.C. Ames seeks to manage a population and employment base that can be supported by the community's capacity for growth. A population base of 60,000-62,000 and an employment base of up to 34,000 are targeted within the City. Additionally, it is estimated that the population in the combined City and unincorporated Planning Area could be as much as 67,000 and the employment base could be as much as 38,000 by the year 2030. 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. 2.A. Ames seeks to provide between 3,000 and 3,500 acres of additional developable land within the present City and Planning Area by the year 2030. Since the potential demand exceeds the supply within the current corporate limits, alternate sources shall be sought by the community through limited intensification of existing areas while concentrating on the annexation and development of new areas. The use of existing and new areas should be selective rather than general. 2.B. Ames seeks to assure the availability of sufficient suitable land resources to accommodate the range of land uses that are planned to meet growth. Sufficient land resources shall be sought to eliminate market constraints. 2.C. Ames seeks a development process that achieves greater compatibility among new and existing development. 2.D. Ames seeks a development process that achieves greater conservation of natural resources and compatibility between development and the environment. 18 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. 3.A. Ames seeks to provide biodiversity through the inclusion of plant and animal habitats. Their inclusion shall be provided through such methods as conservation management, protection, replacement, etc. 3.B. Ames seeks 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. 3.C. Ames seeks to protect and conserve its water resources for the following purposes: aquifer protection; water quality protection; user conservation management; plant and animal life support; water-borne recreation; scenic open space; and, provision of a long-term/reliable/safe source of water for human consumption and economic activities. Goal No. 4. It is the goal of Ames to create a greater sense of place and connectivity, physically and psychologically, in building a neighborhood and overall community identity and spirit. It is the further goal of the community to assure a more healthy, safe and attractive environment. 4.A. Ames seeks to establish more integrated and compact living/activity areas (i.e. neighborhoods, villages) wherein daily living requirements and amenities are provided in a readily identifiable and accessible area. Greater emphasis is placed on the pedestrian and related activities. 4.B. Ames seeks to physically connect existing and new residential and commercial areas through the association of related land uses and provision of an intermodal transportation system. 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. 5.C. Ames seeks the continuance of development in emerging and infill areas where there is existing public infrastructure and where capacity permits. 5.D. Ames seeks to have the real costs of development borne by the initiating agent when it occurs outside of priority areas for growth and areas served by existing infrastructure. 19 Goal No. 9. It is the goal of Ames to promote expansion and diversification of the economy in creating a base that is more self-sufficient and that is more sustainable with regard to the environment. 9.A. Ames seeks more diversified regional employment opportunities involving technology-related services and production, office centers and retail centers. 9.D. Ames seeks economic activities that are compatible and sustainable with its environment. 20 Attachment J Community entries designated by Ames Land Use Policy Plan (page 113) El-wood Dri-ve Entrk ^" F4itry ,.. 4 � 4 Duff Avenue Entry AL Option A r r Western Entry I I-35i`Hx y 30 D��tc�n.Road Main Eniry Option B Entry 21 DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Douglas R.Marek,Ames City Attorney,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146 Return to:Ames City Clerk,P.O.Box 811 Ames IA 50010 Phone:515-239-5105 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES,IOWA,AS PROVIDED FOR IN SECTION 29.301 OF THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa; Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located at 530 Southeast 16t' Street and 900 Southeast 16' Street, is rezoned from Agricultural (A)to Highway-Oriented Commercial (HOC). Real Estate Description: (530 Southeast 16" Street)Parcel C, except the North 50.00 feet thereof, in the North One-Half of the Northeast Quarter of Section 14, Township 83 North, Range 24 West of the 5" P.M., City of Ames, Story County, Iowa; and, (900 Southeast 16t' Street)Parcel D, except the North 50.00 feet thereof, in the Northwest Quarter of the Northwest Quarter of Section 13,Township 83 North,Range 24 West of the 51h P.M., City of Ames, Story County, Iowa. Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3: This ordinance is in full force and effect from and after its adoption and publication as provided by law. ADOPTED THIS day of 2010. Diane R. Voss, City Clerk Ann H. Campbell, Mayor 2