HomeMy WebLinkAboutA003 - Council Aciton Form dated February 8, 2011 ITEM # 25
DATE: 02-08-11
COUNCIL ACTION FORM
SUBJECT: REZONING OF PROPERTIES AT 721 SOUTH 16T" STREET AND 712
SOUTH 16T" STREET (REAR) FROM HIGHWAY-ORIENTED
COMMERCIAL (HOC) TO HIGH DENSITY RESIDENTIAL (RH)
BACKGROUND INFORMATION:
On December 3, 2010, the Randall Corporation submitted an application requesting
rezoning of two properties at 712 South 16th Street from High Density Residential (RH) to
Highway-Oriented Commercial (HOC). The land under consideration is located directly
south of South 16th Street, east of Creekside Manufactured Home Park, west of Aspen
Business Park, and north of U.S. Highway 30. The request applies to a portion of the
property described as Parcel "N" and the entire property described as 712 South 16th
Street (Rear). Parcel "N" includes a total of 19.48 acres, of which only the south 6.22 acres
is part of the request for rezoning. The northern 13.26 acres of Parcel "N' was rezoned
from HOC to RH in 2003. The land addressed as 712 South 16th Street (Rear) includes a
total of 1.27 acres, which has not been platted, and does not have direct access to a public
street. Both properties are presently undeveloped.
The rezoning of the northern portion of Parcel "N" as RH in 2003 established two zoning
designations for the property, RH on the north and HOC for the balance of the land. This is
commonly referred to as "split zoning." The proposed rezoning of the balance of the parcel
would eliminate the split zone condition for Parcel "N", making the RH zone apply to the
entire parcel.
Section 29.302(2) of the Municipal Code addresses how zoning regulations are applied to
properties that are split by a zone boundary line, and reads as follows:
(2) "When a lot held in single ownership is divided by a zone boundary line, the
entire lot shall be construed to be within the more restrictive zone for
purposes of complying with the requirements of the Ordinance, unless
otherwise indicated on the Official Zoning map or by resolution of City
Council."
Since Parcel "N" is split by HOC and RH zones, and since RH is the more restrictive zone,
the requirements for the RH zone apply to development of all of Parcel "N". This means
that the RH zoning standards for uses, setbacks, and all other development standards
presently apply to the 6.22 acres of HOC land, as well as to the 13.26 acres of RH land.
The only portion of these properties where the HOC zone standards currently apply is the
1.27 acres of land south of Parcel "N" and north of U.S. Highway 30.
1
On November 23, 2010, the City Council approved a Land Use Policy Plan (LUPP)
Map amendment to change the land use designation for these properties from
Highway-Oriented Commercial to High-Density Residential.
In reviewing the proposal to change the zoning of the subject properties, staff examined
applicable goals and policies of the Land Use Policy Plan (see pages 14-23 of the LUPP).
Based upon this analysis, staff has found no inconsistencies between the proposed
zoning and the existing goals and policies of the LUPP. Staff also finds that the
change in land use will not create any additional impacts on infrastructure and City
services than would otherwise occur under the existing zoning designation.
The Conceptual Development Plan for Aspen Business Park shows South 17th Street
extending to the east property line of the subject site. At this point, South 17th Street
conceptually connects up to Grand Avenue, which is proposed to extend along the eastern
boundary of the subject site and continue south under Highway 30. This is consistent with
the 2035 Long-Range Transportation Plan (LRTP) Update, which shows the future
extension of the Grand Avenue right-of-way through the subject property (see attached
map). The extension of Grand Avenue in the LRTP is classified as an "illustrative project."
This means that the project shows potential transportation benefit; however, other projects
have received higher priority for use of the projected funds within the 25-yeartime frame of
the plan. This is the first time the project has been included in a LRTP, and it is possible
that this project may be removed from the plan as future updates are made.
The developer of the land proposed for rezoning takes the position that the extension of
Grand Avenue is not needed to develop the property given the direct access provided to
South 16th Street, and sees no added benefit to this property with the future extension of
Grand Avenue along the eastern border of the site.
There seems to be uncertainty for the future need for Grand Avenue extension and a lack
of financial commitment for the project in the 25-year horizon. Given these uncertainties,
staff is not recommending a reservation of right-of-way for the future construction of Grand
Avenue on the subject property as a condition of the rezoning.
However, if the City Council believes it is in the best interests of the community to reserve
the land for future street construction, this may be accomplished through a Development
Agreement that reserves the land through a negative easement. This easement will
prevent the property owner from constructing any structures over the area specified forthe
Grand Avenue Extension project while the land is being developed. Approval of such a
Development Agreement would be required at this time.
It should be noted that if the property is ever replatted, the City Council may have the
opportunity to require the dedication of right-of way for the road. This will depend upon how
firm the City's plans are for the extension of Grand Avenue through this property at the time
a subdivision plat is proposed. The City may require dedication of right-of-way and
installation of public improvements as part of subdivision approval if the Council at that
time gives consideration to the possible burden on public improvements and determines
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that dedication is required by the comprehensive plan.
In conclusion, the rezoning to RH is a logical extension of RH zoning to the north,
and would serve as a transition zone between the low-density manufactured home
park to the west and the office park development to the east. The change would
apply a single land use designation to the entire property and eliminate the existing
split between the RH and HOC zone designations. The zoning boundaries would
then follow property lines, which is preferred over dividing the parcel between two
zoning districts. Rezoning to adopt RH zoning for the entire parcel is appropriate as
a follow-up to the change in the LUPP Map that was approved by the City Council in
November 2010.
Recommendation of the Planning &Zoning Commission. At its meeting of January 19,
2011, with a vote of 4-0 and 1 abstention, the Planning and Zoning Commission
recommended approval of the request to rezone this property. The Commission's
discussion centered around the stipulation that the City could require that the property
owner provide a negative easement for the future Grand Avenue right-of-way extension
between South 16th Street and U.S. Highway 30. Two Commission members expressed
concern about losing the opportunity for obtaining the right-of-way for the future Grand
Avenue extension if the City did not require the negative easement. Other Commission
members indicated that the negative easement was not necessary at this time because of
the uncertainty for the future need of Grand Avenue and a lack of financial commitment for
the project in the 25-year horizon.
ALTERNATIVES:
1 . The City Council can approve the request to rezone property located at 712 South 16th
Street and 712 South 16th Street (Rear) from Highway-Oriented Commercial (HOC)to
Residential High Density (RH).
2. The City Council can approve the request to rezone property located at 712 South 16th
Street and 712 South 16th Street (Rear)from Highway-Oriented Commercial (HOC)to
Residential High Density (RH), with the following stipulation:
A. That an Agreement between the City of Ames and the property owner be
approved by the City Council to require that the property owner provide a negative
easement for the future Grand Avenue right-of-way extension between South 16th
Street and U.S. Highway 30.
3. The City Council can deny the request to rezone property located at 712 South 16th
Street, and 712 South 16th Street (Rear)from Highway-Oriented Commercial (HOC)to
Residential High Density (RH).
4. Action on this request can be postponed and referred back to City staff or the property
owner for additional information.
3
MANAGER'S RECOMMENDED ACTION:
This request for rezoning is consistent with the Land Use Policy Plan and Future Land Use
Map, and the change in land use will not create any additional impacts on infrastructure
and City services than would otherwise occur under the existing zoning designation.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1, thereby approving the request to rezone property located at 712 South 16tn
Street and 712 South 16 h Street (Rear) from Highway-Oriented Commercial (HOC) to
Residential High Density (RH).
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City of Ames
Rezoning Application Supporting Map
712 South 1a4r Street:Patcet Win the East HaM(EI12)of the Northeast Quarter(NE1I4)of the Northeast Ouarter(NE1/4)of Section Fgteen(15).Township eighty-throe(83)North.Range
Twen,Four!24)West of the ahtr P.M,Story County.Iowa as shown on the'Plat of Survey'fi/ef:n the otfioe of me Recorder o/S1ary Courrty tows on the 1d`day o/September.2000,
recorded on Slide 81,at Page 2,and as inst.no.00-10987 Containing 19,48 Acres
712 South le Street(Rear):The East Halt(E12)of the Southeast Quarter(SE114)of the Northeast Quarter(NE1/4)of Section 16,Township 83 North,Range 24 West of the 5°PM..tows.
Except land deeded to the State of Iowa for Relocated Primary Highway no.U.S.30.and except Pans/'Q'in the East HaN(E12)of the Southeast QuwW(SE114)ofthe Northeast Quarter
(NEV4)of Section 75,Township 83 North,Range 21 West of the ifP.M,City at Ames,Slay County Iowa as shown on tha'P/at Of Suruey"Ned in the o/FceW the Recorder.Story County,
Iowa on August 19.2004 as[net.No.04-11556.Side 216.Page 1 Containing 1.27 Acres
-NE CORNER
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CI1`Y OF AiIAES,IOWA
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0:"t. i7, 2010 2 50IN, No. 0278 i
I>l9T-NO. — 1 0 9 7
STO Y COLIN KIW
FILED FOR REMPID y�
SEP 26 2000 PM
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STUMBO AND ASSOCIATES LAND SURVEYING, INC. P.O. 8O% 1864 AME9, IOMA 50010 514-233-3689
PLAT OF SURVEY .-NE CORNER
NM CDR, E1/2�, $.iBth $TREE7 (10a�? SEC. 15-63-24
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PROPRIETORS'
SCOTT E. C JANE S. RANDALL
REQUESTED BY: cs
SCOTT RENAUD. FOX ENGINEERING o w
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Survey Da*crih tion-Parcal N:
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Quarter of the Northeast Quarter a
except the north 00.00 feet
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83 North, Range 24 waet of the 5th o
P.M.. Amax Story County, Sowa more w �^ v
gp erticulaply described 9e follow*: r- ,; �, .
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east line of Oslo Section 15 to a
Doint on the southerly right of way PARCEL. N :y uj N �
line of South lath Street and t0 the u� 848461.86 SG FT
ppaint of beginning• thence continuing 'r�, `y 19.4B ACRES
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of the East one-half of the Northeast o
Ouerter of the Northeast Quarter of
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acid Section 15 to a point on the
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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 712 South 16th Street, is rezoned from Highway-Oriented Commercial (HOC)
to Residential High Density (RH).
Real Estate Description: Commencing at the Northeast Corner of Parcel N;thence S00005'21"E,
816.91 feet along the East line thereof to the Point of Beginning;thence S00°05'21"E,458.22 feet
to the Southeast Corner of said Parcel N;thence S89°48'46"W,667.11 feet to the Southwest Corner
of said Parcel N;thence N00°03'43"E,340.40 feet along the West line thereof;thence N78°54'57"E,
312.09 feet; thence N76°34'24"E, 258.40 feet; thence S90°00'00"E, 108.42 feet to the Point of
Beginning, containing 6.22 acres; and,
The East Half(E1/2) of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 15,
Township 83 North,Range 24 West of the 51h P.M.,Iowa, except land deeded to the State of Iowa for
Relocated Primary Highway No. U.S. 30, and except Parcel "Q" in the East Half(E1/2) of the
Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 15, Township 83 North,
Range 24 West of the 5th P.M.,City of Ames, Story County,Iowa as shown on the"Plat of Survey"
filed in the office of the Recorder, Story County, Iowa on August 19,2004, as Inst. No. 04-11556,
Slide 216, Page 1, containing 1.27 acres.
f
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 ,2011.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
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