HomeMy WebLinkAboutA006 - Council Action Form dated January 9, 2018 ' a
ITEM #: 22
DATE: 01-09-18
COUNCIL ACTION FORM
SUBJECT: REZONING FROM RH (RESIDENTIAL HIGH DENSITY) TO NC
(NEIGHBORHOOD COMMERCIAL) FOR A PROPERTY LOCATED AT
3504 GRAND AVENUE
BACKGROUND:
The property owner, Heartland Baptist Church, is requesting rezoning of a single parcel
of land located at 3504 Grand Avenue from RH (Residential High Density) to NC
(Neighborhood Commercial). The site, is located on the east side of the intersection of
Grand Avenue and Bloomington Road, and includes 1.83 acres (79,516 square feet)
(see Attachment A: Location and Zoning Map). The property is designate as Residential
High Density on the future land use map the Land Use Policy Plan (LUPP).
On September 19, 2017, the City Council directed that a rezoning application was the
preferred option for consideration of changing use of the site compared to a Highway
Oriented Commercial LUPP change application. This direction was in response to a
letter received from Heartland Baptist Church (see Attachment D: Applicant's Letter),
and a letter received from Habitat for Humanity (see Attachment E. Habitat for Humanity
Letter). Habitat for Humanity of Central Iowa proposes to relocate their main office,
presently located at 401 Clark Avenue, and their retail store, presently located at 402 E.
Lincoln Way, to the site at 3504 Grand Avenue.
Stand alone office and retail sales and service uses, as proposed for this site, are
not permitted in the RH zoning district. Rezoning of the site to NC allows the
proposed uses in pre-existing buildings on a lot with a maximum lot area of
100,000 square feet, subject to approval of a Special Use Permit by the Zoning
Board of Adjustment. The Special Use Permit requirement is triggered by the size
of the property exceeding 20,000 square feet. If the rezoning is approved, the
applicant would proceed with a Special Use Permit application for use of the site
to address operational aspects of the business.
The site contains a vacant building, previously occupied by Heartland Baptist Church,
with 12,598 square feet of gross floor area. The vacant building is a single-story
structure without a basement. A garage/storage building (6,000 sq. ft.) and a small
storage shed are located behind the main building. The applicant intends to establish
their planned uses with the existing structures without any alterations to the exterior, or
changes to parking areas.
Further analysis of the rezoning petition is found in the Addendum.
1
At the December 20, 2017 Planning & Zoning Commission meeting, the
Commission recommended by a vote of 5-0 to approve the rezoning of the
property located at 3504 Grand Avenue without conditions. The owners of property
at 3514 Grand Avenue and 3526 Grand Avenue, which both abut the north property line
of the site, were in attendance and expressed their concerns about potential commercial
uses that may locate on the property if rezoned to Neighborhood Commercial (NC).
They did not object to use of the property by the Habitat for Humanity organization,
provided it did not involve large trucks transporting building materials to and from the
site. They would object to using the site for a restaurant, given the traffic, and trash that
would be generated by such a use. They requested that the rezoning include
restrictions to further limit the types of uses that may locate on the site, including
prohibiting restaurants.
ALTERNATIVES:
1. The City Council can approve the request for rezoning from RH (Residential High
Density) to NC (Neighborhood Commercial) for the property located at 3504 Grand
Avenue, as proposed by the rezoning request and supported by the findings of fact.
2. The City Council can deny the request for rezoning from (RH) Residential High
Density to (NC) Neighborhood Commercial for the property located at 3504 Grand
Avenue, if the Commission finds that the City's regulations and policies are not met.
3. The City Council can defer action on this request and refer it back to City staff and/or
the applicant for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
The current RH zoning of the site is consistent with the Land Use Policy Plan land use
designation and supports the use of the site as either a church or redevelopment with
high density residential. Limited mixed use is also allowed with the current RH zoning
district. However, the desire to have 100% commercial use of the site is not permitted
within RH zoning.
The proposed rezoning to NC can be found to be consistent with the allowances
of the LUPP for small scale commercial zones and that the use of the site would
not displace existing housing, despite the fact that it is not designated as
commercial on the future land use map. Infrastructure is in place to serve the
intended use. The applicant's proposed use is compatible with the surrounding
uses, given the low volume of traffic anticipated for this site.
Site improvements are currently non-conforming for the RH zoning with parking
between the building and the street and lack of landscaping that meets current
requirements. The rezoning to NC will not cure these deficiencies and the property will
continue to have non-conformities upon its reuse if a special use permit is approved.
The use of the site consistent with a special use permit ensures that future uses can be
z
i
accommodated in a manner that is compatible with the surroundings without specifying
details in a rezoning master plan with the requested NC zoning district.
In response to the concerns expressed at the Planning and Zoning Commission
meeting by neighboring property owners, the Zoning Board of Adjustment could
choose to exclude certain uses presently allowed in the NC zone, as part of the
approval of the Special Use Permit.
Therefore, it is the recommendation of the City Manager that the City Council act
in accordance with Alternative #1, which is to approve the request for rezoning
from (RH) Residential High Density to (NC) Neighborhood Commercial as
proposed by the rezoning request, and supported by the findings of fact.
3
ADDENDUM:
Land Use Policy Plan Future Land Use Map. No change in the land use designation
is proposed in relation in relation to the rezoning request. The Land Use Policy Plan
(LUPP) Future Land Use Map designates this site as High-Density Residential. This
designation is applied along the east side of Grand Avenue between Bloomington Road
and 24th (see Attachment B: LUPP Map). Commercial uses are most commonly
associated with Commercial designations on the Future Land Use Map that include:
Highway-Oriented Commercial; Downtown Services Center; Regional Commercial; and
Commercial Nodes.
Staff concluded upon review of the Highway Oriented Commercial land use designation
that it was inappropriate for the site based upon the LUPP's policies to discourage
expanded strip commercial development. Additionally, the site was not associated with
a commercial node to support its rezoning to a traditional commercial zone. The only
remaining option for considering small scale commercial use was to consider a rezoning
to Neighborhood Commercial.
The proposed NC zoning does not have a corresponding commercial designation on the
Future Land Use Map of the LUPP. There are no specific siting criteria for the zoning
district, only the general discussion of its intent and purpose within Chapter 2 of the
Land Use Plan. Neighborhood Commercial is of limited applicability within existing
areas of the City for sites that did not meet the other commercial land use policies of the
City and were also small scale in nature.
There are generally six other areas of the community with NC zoning. The land use
designations of these areas on the Future Land Use Map include One- and Two-Family
Medium-Density Residential, High-Density Residential, Downtown Services Center, and
Highway-Oriented Commercial. The six areas zoned as NC are described as follows:
• Properties east of Grand Avenue and north of 24th Street includes a bank and a
hardware store, and are designated as High-Density Residential;
• The area west of Grand Avenue between 5th Street and 6th Street includes three
office buildings, and is designated as One- and Two-Family Medium-Density
Residential;
• The area east of Clark Avenue to the east side of Duff Avenue between 6th Street
and 7th Street includes a grocery store, single family homes, apartment buildings,
offices, parking lots, an auto repair business, and a convenience store, and is
designated as Downtown Services Center;
• Property southeast of the intersection of S. Hazel Avenue and Lincoln Way is
used as general office and designated as One- and Two-Family Medium-Density
Residential;
4
• Property at 926 S. 16th Street includes a restaurant and is designated as High-
Density Residential; and,
• The area along Florida Avenue and Reliable Street includes a heating and air
conditioning business, a painting company, self-storage units, single family
homes, and a former grain elevator being converted for other commercial uses.
Existing/Proposed Zoning. The current zoning of the property is RH (Residential High
Density). On August 28, 2001, the City Council approved Ordinance No. 3624,
amending the official zoning map by changing the zoning of the eastern portion of the
property located at 3504 Grand Avenue from RL (Residential Low Density) to RH
(Residential High Density). The western portion of the parcel was already zoned as RH.
At the time, the property was occupied by a Heartland Baptist Church, which was a
conforming use of the property as a religious institution in the RH zone.
The proposed zoning of the property is NC (Neighborhood Commercial). The NC zone
has more restrictive use limits than other zones, and requires Zoning Board of
Adjustment (ZBA) approval of a Special Use Permit (SUP) for larger sites, such as the
subject property. Continued use of the property by a religious institution would be
allowed without triggering the requirement for a SUP. However, a change of the use on
the site to a commercial use would require a SUP, since the size of the property
exceeds 20,000 square feet. A SUP would be considered only if the rezoning is
approved first.
Permitted Uses. The proposed NC zoning category allows a more limited range of
uses than the HOC (Highway-Oriented Commercial) zoning district. Permitted uses in
the NC zone include:
• Household Living;
• Office;
• Retail Sales and Services — General;
• Entertainment, Restaurant and Recreation Trade;
• Community Facilities;
• Social Service Providers;
• Religious Institutions;
• Basic Utilities;
• Personal Wireless Communication Facilities; and,
• Child Day Care Facilities.
The maximum lot area for pre-existing buildings and pre-existing neighborhood
commercial centers is 100,000 square feet (with approval by Special Use Permit
according to Section 29.1503).
5
The portion of the existing parking lot for the subject property that is located between
the building and the street does not conform to the off-street parking regulations for the
NC zone. Minimum required building setbacks in the NC zone are met by the location
of the existing principal building on the site; however, the location of the building does
not conform to the maximum allowed building setback of 60 feet from the street lot line.
Existing Uses of Land. Land uses that occupy the subject property and other
surrounding properties are described:
Location Existing Land Uses
Subject Property Former Church Building and Acce sory Structures
North Single Family Homes
East Farmland, Skunk River
South Healthcare Facility
West Apartment Buildings
Public Infrastructure. All public infrastructure is available and has the capacity to
serve the site.
Public Notice. Notice was mailed to property owners within 200 feet of the subject site
and a sign was posted on the subject property. As of this writing, no comments have
been received.
Findings of Fact. Based upon an analysis of the proposed rezoning and laws pertinent
to the applicant's request, staff makes the following findings of fact:
1. Ames Municipal Code Section 29.1507(2) allows owners of fifty percent (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 owner of this single
parcel has requested the rezoning.
2. The subject property has been designated on the Land Use Policy Plan (LUPP)
Future Land Use Map as High-Density Residential.
3. There is no corresponding land use designation on the Future Land Use Map for
the NC (Neighborhood Commercial) zoning designation.
4. Infrastructure is in place to serve the proposed use of this site.
6
Attachment A: Location and Current Zoning Map
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Attachment D: Applicant's Letter
NI
B PTEST CHURCH
To whom it may concern:
The congregation of HBC would be very pleased to see our old property at
3504 North Grand be able to continue to be used for such a great purpose as
Habitat for Humanity. We love how this organization helps families in need of
housing as that is something near and dear to our heart as well. In fact, our
congregation has several families that have benefited through the years of getting
into their first home through Habitat for Humanity. We would fully recommend
working this out and if we might be of any assistance in the matter,please let us
know.
Rev. Randy Abell
Senior Pastor
Heartland Baptist Church
Cell -(515)450-0200
RandjAbell@aol.com
Preaching.God's Word As It Is To Men As They Are
3333 Stung>e Rd. Ames Iowa 50010 (515) 268-1721 chur•chames.ore
10
Attachment E: Habitat for Humanity Letter (Page 1)
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for Humanity"
of Central Iowa
AUG - 3 2017
July 27,2017 CITY cER
CITY OF AMPS.IK
OWA
Ames City Council Members
515 Clark Street
Ames, Iowa 50010
Re: Rezoning of the Former Heartland Baptist Church property at 3504 N.Grand Avenue
Dear Council Members:
Habitat for Humanity works in partnership with God and people everywhere,from all walks of
life,to develop communities with God's people in need by building and renovating houses so
that there are decent homes In decent communities in which people can live and grow Into all
they were Intended-to.
Habitat for Humanity of Central Iowa is headquartered here in Ames,and covers Story,Hardin
and Hamilton counties.HFHCI is in its 215t year of operation,and has thus far built or
remodeled 55 homes,over 60%of them being in Ames.Currently 2 more are being finished,
and 2 more are scheduled to start soon in partnership with the city of Ames.
HFHCI currently is occupying 3 different locations in Ames.Our main office in which Executive
Director Sandi Risdal is headquartered is at 401 Clark Street.Our retail store is located at 402 E.
Lincoln Way,and an additional storage facility is located at 615 Lincoln Way.The primary
purpose of the store Is to raise funds for building new houses and.rehabbing existing homes
through the sale of donated items including furniture,appliances,building materials and other
items.
To accomplish this we are searching for a facility that would give us substantially more room,
and allow us to move our 3 current locations under one roof.We believe we have found such a
building in the former Heartland Baptist church building at 3504 N.Grand Avenue.As Habitat is
a faith based organization we believe it is no accident that God has led us to this location.Upon
speaking with Pastor Randy Abell of Heartland Baptist about their hopes for the future of the
building we have learned that it is definitely their preference that another faith based
organization would relocate to their facility.
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11
Attachment E: Habitat for Humanity Letter (Page 2)
For us to move to this location it is our understanding that we will need to request a change to
the current Land Use Policy Plan in place with the city, and upon the successful completion of
that step we would then request a change in zoning from high density residential to
commercial.As you know prior to the site being occupied by the Heartland congregation it was
the Joy and Johnson Auction House,and with the near proximity to the Mall,the new Walmart,
the Northern Lights shopping district,a florist, Dairy Queen and a convenience store the
neighborhood is accustomed to commercial activity already.We will also hire a civil engineer to
make recommendations on aesthetically pleasing borders with the adjoining properties to
mitigate any impact our transition would have, and to harmonize with the surrounding
neighborhood,
We believe we have.established ourselves as good neighbors with the community,and good
partners with the city in helping to ensure affordable housing for those who need It.Please give
us your careful consideration in this matter as we endeavor to help make the city of Ames an
even greater place to call home.Thank you for your consideration,and we look forward to
working with you in this matter.
Co rdially, n
Dan Thomsen Sandi Risdal
Habitat Store Manager Executive Director
515-232-2335 Store 515-232-8815
"Unless the Lord builds the house,the workers labor in vain."
Psalm 127:1
12
Attachment F: Approved Site Plan (6/30/05)
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:City Clerk's Office,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5105
Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010
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 ofthe City ofAmes, 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 3504 Grand Avenue, is rezoned from Residential High Density (RH) to
Neighborhood Commercial(NC).
Real Estate Description:
A TRACT IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 26, TOWNSHIP 84 NORTH, RANGE 26 WEST OF THE 5- P.M., CITY OF
AMES, STORY COUNTY, IOWA, AS DESCRIBED IN THE QUIT CLAIM DEED FILED
AT INST. NO.12-00201 AND BEING MORE CURRENTLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION
26: THENCE S 00°18'50" E, 209.67 FEET ALONG THE WEST LINE OF SAID
SECTION TO THE NORTH LINE OF THE SOUTH 120 FEET OF THE NORTH 10
ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER;
THENCE S 88°39'42" E, 94.28 FEET ALONG SAID LINE TO THE EAST RIGHT OF
WAY LINE OF U.S. HIGHWAY #69 AND THE POINT OF BEGINNING; THENCE
CONTINUING S 88039'42" E, 186.60 FEET; THENCE S 88045'05" E, 322.22 FEET;
THENCE S 00°18'50" E, 175.98 FEET; THENCE N 36°58'52" W, 25.46 FEET; THENCE
N 89002'23" W, 486.43 FEET TO THE EAST RIGHT OF WAY LINE OF U.S.
HIGHWAY #69 AND A POINT ON A CURVE; THENCE NORTHERLY 159.06 FEET
ALONG SAID RIGHT OF WAY LINE AND SAID CURVE CONCAVE TO THE WEST,
HAVING A RADIUS OF 8701.93 FEET, A CENTRAL ANGLE OF 1002'50" AND
BEING SUBTENDED BY A CHORD WHICH BEARS N 02°52'20" W, 159.06 FEET TO
THE POINT OF BEGINNING, CONTAINING 1.83 ACRES.
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 ,
Diane K Voss, City Clerk Ann H. Campbell, Mayor
2
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Habitat11 (1�, Ifor Humanity' mo.
of Central Iowa ..JA Ii - � 2018
January 3,2018 CITY CCCFIK
CITY OF AVFS. IO WA
Ames City Council Members
515 Clark Street
Ames,Iowa 50010
Re: Planning and Zoning Commission recommendation for the property at 3504 Grand Avenue
Dear Council Members:
As we enter the new year we want to express our appreciation to you and the Planning and Zoning
Commission for your assistance in our quest to purchase the property at 3504 Grand Avenue to move
and expand our retail store.We have added more hours and days to the time the store is open in its
present location,and it is apparent that with the increase in sales and donations our present location is
not adequate to meet our needs going forward.Having the additional space that the former Heartland
Baptist Church building offers would greatly enhance our mission of bringing more affordable housing to
more people in the Ames area,as well as continuing to repurpose many items that are still in highly
desirable condition.Since we have added more days and hours of.being open,almost daily we have
customers come in who have never been in the store because of the limited hours we were open.Many
of them are amazed at the quality and variety of our merchandise,and they have become repeat
shoppers.
In order that we might reach even more people,and bring in even more money for new housing,we are
asking that you would follow the.Planning and Zoning Commission's recommendation to rezone the
property to neighborhood commercial,and that you would prayerfully consider waiving the second and
third readings to expedite this request.We still need to apply for a special use permit.for this property
due to it being over 20,000 square feet,so we have a bit more work to do.The congregation of
Heartland Baptist Church voted unanimously to sell the property to Habitat for Humanity as it was their
wish that a faith based organization would continue to operate at this location,.and we are anxious to
fulfill that wish.
We look forward to the council meeting on January 9`I',-and will be happy to answer any questions you
may have.Thank you for your attention to this matter.
Dan Thomsen Sandi Risdal
Habitat Store Manager Executive Director
515-232-2335 Store 515-232-8815 Office
"Unless the Lord builds the house,the workers labor in vain='.
4101 Clark,Amcs,lA 50010 Psalm 127:1
Phone.(515)232-8815 Fait:(515)233-2650 www.hfhoci.org