HomeMy WebLinkAboutA011 - Portion of City Council minutes regarding public hearing will be needed, someone who wants to build attached housing and an affordable product. It adds a
level of complication, but can be done.
Moved by Betcher, seconded by Beatty-Hansen to approve Option 2 to include both single-family
detached and attached homes, as the City as the developer.
Vote on Motion: 5-1. Voting aye: Betcher, Martin, Beatty-Hansen,Martin, Corrieri. Voting nay:
Nelson. Motion declared carried.
Council Member Corrieri left the meeting at 7:48 p.m.
The meeting recessed at 7:48 p.m. and reconvened at 8:02 p.m.
HEARING ON ZONING TEXT AMENDMENT TO CREATE LINCOLN
WAY/DOWNTOWN GATEWAY COMMERCIAL STANDARDS: Mayor Haila opened the
public hearing. He closed the hearing once there was no one wishing to speak.
Director Diekmann provided background on the Lincoln Way Corridor Plan. The focus of the
presentation is on the connection to Downtown,called the Gateway because it has entrances through
the district into Downtown. The Corridor Plan identified redevelopment and repositioning of
commercial properties in the Downtown Gateway Area to support a transition to more intense and
urban development. There will be a continuation for commercial use but also the option for mixed-
use. The zoning would need to be changed from Highway Oriented Commercial (HOC). The
desired uses would be for restaurants,recreation, and entertainment uses. Office and retail are also
important. This is an area for a unique hotel use. The previous direction was to be flexible and
reach for higher-quality redevelopment. This page of the Plan is looking to add a focal element of
public space or parking structure.
Mr. Diekmann stated this area would also have a different residential feel. It would promote small
one-or two-bedroom units, different from the student housing. In the Zoning Ordinance,there is a
cap of 25%for apartment units that can exceed two bedrooms. Additionally,the parking ratio is set
up to incentivize smaller units.
Director Diekmann addressed the need for rezoning The zoning now does not allow the vision of
the Corridor Plan to allow for mixed-use to come in. It is a commercial area, but the option for
housing to be added for certain sites is wanted. Goals of critical mass need larger development sites.
Articulated in the Ordinance is that a redevelopment site size must be at least one acre if desiring to
pursue Mixed-Use. If the business would not like to be a mixed-use the one- acre minimum does
not apply. The changing of the zoning will be considerable from HOC and will create some non-
conforming businesses. By moving to a pedestrian-friendly environment and focused on commercial
and mixed-use, differences will be created between existing conditions.
Mr.Diekmann stated that this area is to be more commercial oriented,which will still need parking
and is still a destination to drive through. There are some building design and material requirements,
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but there is still a lot of flexibility. A proliferation of drive-thrus is not wanted in this area,because
drive-thrus are not good neighbors for walkability and residential promotion. The City is also
working on managing the transportation on Lincoln Way. There can be a drive-thru on each side of
Lincoln Way, but a new one can not come in until one leaves. Businesses such as vehicle service
facilities will become non-conforming in this area. That means that the owners can continue to
operate the business as is,but there will be limits on expansion, and if it goes away the business can
not be reestablished. The goal of non-conforming is to eventually have those businesses leave the
area they exist in when the zone changes. The business can be sold to someone else for the same
use. The end of a non-conforming use is when it is non-existent for 12 months; that is called
"abandoned." Many properties will be affected by the proposed zoning change, but some of the
businesses are already non-conforming.
Council Member Betcher asked why give the option for another drive-thru to come into the area
when trying to make it more pedestrian friendly. Mr.Diekmann responded that thought is possible,
but this is also allowing for relocation. Ms. Betcher's next question was why allow for larger
apartment units when trying to target the people in the workforce. Mr.Diekmann answered that the
Planning & Zoning Commission thought there should be more options than just one and two
bedrooms. A cap was put in place to control the number of larger units.
Director Diekmann stated that an outreach meeting was held on Thursday, March 1. Some small
business owners were concerned about changes on how it affected their existing business or how
they could sell or use the property differently. Other concerns were how to rebuild on a property.
Others were in favor to see how the redevelopment would go. The rezoning notice would go out to
the property areas.
Council Member Martin asked about lodges or clubs were not included. Mr. Diekmann responded
those are membership-based, not for general use, and there is not a regular level of activity.
Laura Cram,203 Kellogg Avenue,Ames, stated that she is concerned about the rezoning. The new
zone focuses on pedestrian traffic,which limits automotive businesses and encourages fewer parking
stalls. The current zoning will still allow for development similar to the City's vision with the
exception of apartments along Lincoln Way. The majority of properties along Kellogg are zoned
with Downtown zoning that allows for mixed-use Residential. The rest of the properties in the area
are zoned HOC. Currently,these properties have fewer restrictions than with the new zoning. The
new zoning would allow for apartments and mixed-use,but would make over 70%of the properties
non-conforming whether by layout or type of business. This would decrease the value of the
properties, stifle businesses from growing in current locations, and drive out owners of small
businesses for more apartments. Ms. Cram does not support the proposed Ordinance.
Robert Goodwin, 311 Lincoln Way, Ames, stated that he has owned his property since 1981. The
favorable parts of this building are the parking and accessibility. The change would mean off-site
parking for him and his clients who could be over a block away. The proposed Ordinance would
make his property non-conforming, create the inability to replace the building if damaged, and a
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cloud over his property. The only person who would buy the property would be the developer. Mr.
Goodwin does not support the proposed Ordinance.
Timothy Grandon,414 Lincoln Way,Ames,stated that he is concerned about the change in zoning.
When a building is non-conforming it has no capability to expand for growth. This will put a cloud
above the properties' options for future sale.
Ryan Davis,204 Clark,Ames,informed Council he has apartments above his car wash. Mr. Davis
added that the vision of residential above commercial already does not work. Rezoning of the area
and causing non-conformity will not help the value of the property. The offer he received was
significantly less than appraised, and he would not be able to put a down payment on another
location. Mr. Davis also expressed concern about the notification process. Letters were sent to
"Property Owner"at the physical address. Some businesses have a post office box and may not have
received the notice. He is not in support of the proposed Ordinance.
Chuck Winkelblack, 105 South 16`h Street, Ames, clarified the reasoning for larger units. Larger
buildings need larger units in the corners. The concerns are the non-conformity issues as they relate
to the owners that are there and the properties in the area that are for sale. Non-conformity does
create financial issues for existing business and potential sales. The inability to expand or remodel
can cause a problem. There is limited commercial land available in town. Many food businesses
are seeing an uptick in the need for drive-thrus.
Council Member Gartin asked how to move forward with change in zoning to help current business
owners. Mr. Winkelblack stated that this vision could take 20-30 years. The rezoning is not a
product of the project being brought forward. A natural disaster would be cutting people off from
reestablishing in their spot. He is not in favor of something that would be that restrictive. Mr.
Winkelblack did state that he would like to attract working young people. He is in favor of the
rezoning if there is a way to deal with the non-conformity that would not put people out of business
or preclude them from further developing their properties.
Rick Thompson,414 South Duff,Ames,is concerned with the non-conformity that would affect his
property. He is concerned about the rezoning and ability for future remodel possibilities. Mr.
Thompson suggested more discussion for this topic.
Council Member Betcher requested confirmation that parking spaces for existing buildings will
continue to be in compliance. Director Diekmann stated if this is the existing condition. If there was
complete redevelopment, that parking would not be allowed. Mr. Diekmann explained the non-
conformities. Non-conforming use can't be reinstated if abandoned,and the structure can't be torn
down and rebuilt without conforming to set-backs. He added that many of these buildings do not
meet the parameters for set-backs now. Those buildings are not in the condition to be rebuilt from
where they are today. Director Diekmann stated that 70% non-conforming would be a good
estimate. Council Member Gartin stated that is important fact, if the business is non-conforming
now, this is not something that would be taking away something they have. Mr. Diekmann
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explained that if a building burns down,it can be rebuilt,it just has to be done at the new standards.
Council Member Martin asked,if when making the transformation,could it be done in a more gentle
way than by using non-conformity. Director Diekmann stated there is a phrase "if pre-existing,"
which slightly more lenient. If the building exists the day the Ordinance was adopted, it would be
considered permitted. The owner would have the right to expand and do everything as if it were an
allowed use there. However,no one else could come in and do the same use. If the use were to stop
for 12 months,it would be no longer considered a pre-existing building and it could not be recreated.
This is used mostly in the Downtown UCRM Overlay areas. Mr. Diekmann stated that Council
would pick which places to grant that latitude to; that is not to say everything pre-existing is fine,
because that makes the zoning pointless. This would need to be a standard in the Ordinance or they
should not rezone properties and keep it HOC.
Council Member Betcher clarified the usage of"if pre-existing." Director Diekmann confirmed that
it could be used,but advised that it can be very difficult to administer consistently. Each unique case
will cause more difficulty in implementing effectively. Not everything in the district is pre-existing.
The non-conforming use is perpetuated when using the "pre-existence."
City Manager Schainker stated that a decision should not be made tonight. Mr. Diekmann should
come back with a better definition of pre-existing. An analysis on how the businesses are non-
conforming is needed. This will take some time, but should not be rushed.
Council Member Gartin asked about how to guard from a business coming in under the wire for a
conforming business now but would not be with the new rezoning. Mr. Diekmann stated this is a
risk right now with any delay of action. City Manager Schainker stated there is the possibility of a
moratorium,while thinking about guarding against new non-conforming businesses to the area. Mr.
Diekmann confirmed this would be a stoppage of change. Mayor Haila stated this area is vision-
driven. It can have a profound impact on the entire community. A lot of work has been done on this
plane, but it warrants more discussion.
Moved by Gartin, seconded by Martin,to direct staff to come back with a draft proposal to consider
for a moratorium.
Council Member Beatty-Hansen stated concern that getting the moratorium set could take the same
amount of time to get all the information needed to make an informed decision. Mr. Diekmann
estimated it would take two months once the decision on zoning standards is made. The moratorium
would probably take until about the beginning of April.
Council Member Gartin withdrew his motion.
Moved by Gartin, seconded by Martin, to direct staff to start the process of the moratorium in the
zoning area.
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Council Member Beatty-Hansen expressed her concern with the timing factor. Mayor Haila stated
that the moratorium doesn't have to be implemented. Council Member Gartin added that the
moratorium creates a stop gap that can have benefits for the City.
Vote on Motion: 4-0-1. Voting aye: Betcher, Martin, Beatty-Hansen, Gartin. Voting nay: None.
Abstaining due to conflict of interest: Nelson.
Moved by Beatty-Hansen,seconded by Gartin to direct staff to come back with a report on the"pre-
existing" concept, more information on what can and can't be done under non-conforming, and
perform an analysis of the area on what is currently non-conforming and categorize that information.
Vote on Motion: 4-0-1. Voting aye: Betcher, Martin, Beatty-Hansen, Gartin. Voting nay: None.
Abstaining due to conflict of interest: Nelson.
PROCEED WITH THE USE OF CITIZEN REPORTING APP: GIS Coordinator Ben
McConville reminded Council of the application being developed as a tool for citizens to notify
Public Works staff regarding infrastrucutre related issues. Three proposals were received and
reviewed for the development, hosting, and management of the reporting app. The staff s
recommendation is to utilize the services of SeeClickFix at a fixed price of$14,948 per year for a
term of five years (not a contract for five years) with no initial set-up fee, after such time the
agreement may remain on a year-to-year basis with cost increases not to exceed five percent per year.
Mr. McConville stated that the recommendation is based on the availability of the mobile app in the
iOS and Android app stores as a City of Ames branded application. This app has the full circle of
service from taking a request to closing the request and confirmation of correction. Report items for
other Departments are included at no extra charge, the agreement includes at no extra charge the
ArcGIS Connector module to directly feed into the City's existing GIS,system is easily configured
by City Staff, features both website and mobile app, web-based training included, set-up and
implementation and ongoing app updating provided, and the work will begin shortly after the
contract is approved and development is estimated to only take three to four weeks.
Council Member Martin inquired if the company has rights to the data. Mr. McConville stated that
he would need to clarify that with the company. Council Member Gartin asked if complaints are
public. City Attorney stated that this would be public. City Manager Schainker stated it would be
important to have their name and email to communicate with the person placing the complaint. .
Management Analyst Ritter noted that the application is available in five languages,but Chinese is
not one of them. Ex ofjlcio Bingham expressed his concern that many International students are
Chinese and the importance of having that available to them. Mr. McConville stated that could be
discussed with vendor.
Mr.McConville stated that the reports are administered by the City. The cost would not change as
long as the scope doesn't change. The internal workflow will be developed with the vendor and put
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