The URL can be used to link to this page

Home My WebLink AboutA001 - Commission Action Form dated February 20, 2019 ITEM #: 6 DATE: 02-20-19 COMMISSION ACTION FORM REQUEST: Rezoning with Master Plan Amendment for 1114 South Dakota Avenue. BACKGROUND INFORMATION: Dickson and Luann Jensen own a 4.68 acre parcel on the northeast corner of South Dakota Avenue and Mortensen Road that was zoned Community Commercial/Residential (CCR)with a Master Plan August 22, 2017. (Attachment A) The 2017 rezoning with Master Plan approval limited the site to development of commercial trade and office uses with an option for mixed use multiple-family residential development limited to 48 units made up of only one and two bedroom units. The Plan also restricted use of the site for short term lodging. The Master Plan did not include specific site design parameters. The approved Master Plan is Attachment E. The purpose of the proposed amendment to the Master Plan is to amend the permitted uses to allow Miscellaneous Use of Vehicle Service Facilities, including gas stations. The applicant refers to the use as a convenience store. The proposed amendment is a result of potential development of a gas station with a convenience store. At a recent meeting with staff, it was pointed out that this use is not allowed under the current Master Plan for this site, as Vehicle Service Facilities is listed under the Miscellaneous Use Category and not as a Commercial Trade Use. The developer has requested to add Miscellaneous Use category to the Master Plan as an allowed use type, note that Miscellaneous Use category includes additional uses beyond vehicle service facilities. All other aspects of the Master Plan stay the same. The site will still need to go through the site plan approval process prior to development of the site. At the time of the 2017 approval, the site was zoned F-PRD and had been used as church for a number of years. The church has been demolished and the site is currently vacant. The rezoning included a discussion of appropriate zoning options to change from residential and the general compatibility and desirability of different uses. The condominium owners north of the site had concerns about buffering and certain uses, including short term lodging. The applicant ultimately proposed to develop the site with the master plan limitations on use as were approved. In 2017 there was no discussion of miscellaneous uses. After a preliminary review meeting with the applicant, Staff indicated to the developer that the gas station use is classified as a Miscellaneous Use and would require an amendment to the Master Plan. There are many uses that fall under this category besides Vehicle Service Facilities. A table of uses permitted that fall under the Miscellaneous Use category can be found in Attachment B. Most of the uses would not be considered appropriate for this area based upon the desire for commercial uses that serve the immediate area. In order to support future compatibility of development in this area, Staff is recommending that only the Vehicle Service Station use be added to the Master 1 Plan rather than the entire category of Miscellaneous Uses. The developer proposes to maintain the residential use as part of the Master Plan. In CCR zoning residential development is only allowed when located above non-household living uses. Other commercial buildings facility with residential above could be built adjacent to the gas station. This could be a relatively close proximity of a use that is typically seen as less desirable for compatibility to residential uses due to the hours of operation, lighting, and traffic levels. There are limited examples of this in the city, with the Kum n Go at the corner of Lincoln Way and South Dakota Avenue as the most analogous condition with buffering between the uses. However, this site may or may not develop with both uses. Keeping the residential use as a permitted use within the Master Plan allows the developer flexibility for development when marketing the site and is desired as an option by the applicant. ALTERNATIVES: 1. The Planning and Zoning Commission can recommend that the City Council approve an amendment to the CCR Zoning District with Master Plan to allow the following uses: a)Vehicle Service Stations (e.g. gas station, car wash, minor auto repair) b)Stand-alone office and commercial trade; c) Maximum of 48 household living apartments with office or commercial trade uses below, not to exceed two bedrooms per unit; and d)Prohibit Short-Term Lodging 2. The Planning and Zoning Commission can recommend that the City Council approve an amendment to the CCR Zoning District with Master Plan to allow the applicant's request of: a)Miscellaneous Uses b)Stand-alone office and commercial trade; c)Maximum of 48 household living apartments with office or commercial trade uses below, not to exceed two bedrooms per unit; and d)Prohibit Short-Term Lodging 3. The Planning and Zoning Commission can recommend that the City Council deny the addition of Vehicle Service Facility as a permitted use within the Master Plan for the site. RECOMMENDED ACTION: After meeting with the developer regarding the potential development of a gas station/convenience store, Staff directed the developer to apply for amendment to the Master Plan requesting to add the Miscellaneous Use category as permitted. After further review of the many types of uses that would allow, staff views the full list of Miscellaneous Use as inappropriate for the site. Therefore, staff is recommending to add the specific use 2 type Vehicle Service Station as allowable. The addition of Vehicle Service Station use, will allow for a gas station to be developed along with other allowed uses under the Master Plan and still maintain a development that is compatible with surrounding development. Therefore, we recommend that the Planning and Zoning Commission act in accordance with Alternative #1, which is to recommend that the City Council approve the Master Plan amendment. 3 ADDENDUM Existing Land Use Policy Plan. As stated in the August 2017 rezoning report, the LUPP designation of the subject site is Low Density Residential with a Community Commercial Node shown at the interchange with Highway 30 that is south of the site. This area is also with the Gateway Protection area associate with Highway 30/South Dakota interchange as a gateway into the community. The CCR Node was created to provide for large scale commercial uses to serve west Ames and the Southwest Growth Area. The LUPP also identifies the Highway 30 interchange as warranting aesthetic enhancement as a gateway to the City. At the time of the adoption of the 1997 LUPP, there was minimal development in west Ames and no commercial development. Two commercial zones are options for implementation of the CCR Node. The two zones are the Convenience Commercial Node and Community Commercial/Residential. Each of the zones permit a wide range of trade and office uses, with the principal difference being that CCR permits mixed use residential. Both Node zoning choices were intended to create clustered development as compared to strip commercial development typically associated with Highway Oriented Commercial zoning. The CCR Node is intended to encompass between 40 and 75 acres and 100,000-800,00 gross square feet of commercial development. The gross area of this Southwest CCR Node with CCN zoning and CCR zoning is 57 acres. While a square foot total was not calculated, some of the existing development is not made up of commercial uses intended to serve the community, e.g. the Iowa State Women's Basketball Complex. The acreage and potential square footage of this site is not inconsistent with the expectations of the LUPP due to current mix of uses in the area and the underdevelopment of commercial square footage. When determining consistency of a rezoning with the Land Use Policy Plan, it must be consistent with the Land Use Policy Plan Land Use Map as well as other policies of the Plan. Nodes are meant to be a general depiction of land use intent and overlay other land use designations. This means that although the land use designation is Low Density Residential, a change to commercial zoning can be found to be consistent with the LUPP because of the Node. This is similar to the existing commercial zones in this area that all have a residential land use designation, even though they are developed as commercial properties. Appling the Gateway Overlay to the property could also be found consistent with the LUPP. At the same time, the property could be used for residential in a manner consistent with the Low Density Residential Designation. Existing Zoning. The site is zoned Community Commercial/Residential with a Master Plan. CCR zoning district was created and applied to this area in response to the already approved mixed use developments. CCR zoning was modified in 2008 to clarify that household living is only allowed above a non-residential use and cannot be permitted above short term lodging that occurred within part of the West Towne Condominiums project. The area to the south of the subject site is zoned RH, Residential High Density. An excerpt of the zoning map can be found in Attachment A. 4 Existing Uses of Land. Land uses that occupy the subject property and other surrounding properties are described in the following table: Direction from Existing Land Uses Subject Property Subject Property Vacant North Willow Creek Estates Condominiums East University West South Coconino Place and University West Apartments Vacant West Master Plan. The City Council has the authority to require a Master Plan for a rezoning if the area will contain more than one type of residential dwelling unit and be developed phases or if Council determines that more careful consideration should be given to how the layout and design of a site affect surrounding areas. (Section 29.1507(3)(b)(i) and (iv). Staff worked with the developer to approve a Master Plan that allowed office and commercial uses, limited residential development to 48 apartments, and prohibited short term lodging to provide certainty on the type of development. Staff feels that the addition of the use, Vehicle Service Station will still maintain that certainty of development. It is also a type of use that is targeted to serving the commercial needs of the general area. Apartment Matrix. The matrix used to evaluate apartment locations was included with the original rezoning in 2017. The matrix remains unchanged. This is a location where residential may be acceptable in a small quantity since a high amount of high to medium density residential exists in the surrounding area. It may be a desired housing type but not a necessary housing type in this area from staff's prior evaluation. The unique consideration of housing on the site is the compatibility with the commercial uses themselves, there are some potential land use conflicts internally between the proposed uses without proper site planning for separation and buffering. Infrastructure. Sanitary sewer and water connections are readily available, as are electric services. The site is within the sanitary sewer service area that is known to be at or near capacity with the full development of properties to the west. Depending on timing of the development of this site and the intensity of proposed development, the City may require a sanitary sewer evaluation to confirm downstream capacity. The intersection of Mortenson Road and South Dakota is large multi-lane arterial intersection that has fully signalized and controlled turning movements. Under current conditions the intersection performs consistent with the City's level of service standards. Development of the site will likely affect traffic patterns through the intersection as they customers access and leave the site, staff does not anticipate significant changes to the signal operations with development of the site. Any missing infrastructure or right-of-way dedication will be required concurrent with redevelopment of the site. 5 Access. Today, access to the site is available from both Mortensen Road and South Dakota Avenue. From preliminary review by the City's traffic engineer, access to the site will be restricted. Full turning movements (left and right) from North Dakota may be permitted with a driveway moved to north property line from its current location. Full turning movements from Mortenson into the site will be restricted to the middle of the site or further east. Site access and turning movement affects may be evaluated in greater detail at the time of site development. Applicant's Statements. The applicant has provided an explanation of the reasons for the amendment to the Master Plan in Attachment C. 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 50 percent 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 representing 100 percent of the property requested for rezoning. 2. The subject property has been designated on the Land Use Policy Plan (LUPP) Future Land Use Map within the service area of a Community Commercial Node. 3. The "Community Commercial Node" land use designation supports the "CCR, Community Commercial/Residential zoning designation. Under the "CCR" zoning designation, all of the proposed development options are allowed. 4. The proposed Master Plan identifies a mix of uses that supports a commercial rezoning and includes appropriate limits on the use and arrangement of the site to provide predictable and compatible development patterns. 5. Infrastructure is currently adequate 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. The notice distance was expanded to include the 700 address range of the abutting Willow Creek Condominiums. As of this writing, no comments have been received. During the initial rezoning process in 2017 the applicant did meet with the adjacent property owners to the north. The developer has been in contact with them since then and provided updates on the status of the potential development of this site. The developer will meet with members of the Willow Creek Condominiums prior to the Planning & Zoning Commission meeting. Conclusions. Based upon the analysis in this report, staff concludes that the proposed amendment to the Master Plan of the subject property is consistent with the Future Land Use Map, as well as the Goals and Objectives of the City of Ames Land Use Policy Plan. 6 Attachment A: Location and Current Zoning ME Nel /{ ✓ M. kVEBStER 57 s p /, p'� � �e� a': �� - i N �,•��'��,C � r �1�"r�,�� q / u �w+�� ':�4°�£ W CH Nfi P1X Zz 31 � B s, ! 3 / g subject Property wry;p. F 4�aFkkEt�Eki� ' F s � x "r - g �:,•, tu*;�Af74E�'l�C'Cft54k`'�1� .iy.!"`. 1114 S Dakota Avenue 7 Attachment B: Miscellaneous Use Categories 1-111---.... ............................................................................. ..................—------------.......... ............. ............ Accessory Uses Wireless,communication transmission buildiol; IBBII Lines and giffily Cqddors Definitiew Railroad tracks and lines for the movement of trains on land owned or]cased by the railroad. This category also inctudespublic or private passageways.excluding easements,for the express purpo 4e Of transmitting or transporting electricity,gas,oil,water,sewage,communication signals,or other siruilar services on a regional level. mire fie Railroad lead and spur lines tor delivery ofrait cars on specific sites are classified as accessory to the Rrincipal Use of the site. Rail lines slid utility corridors that are located within motor vehicle rights-of—AY are not included. Railroad yards Uses Included Rail trunk and feeder lines Regional electrical transmission lines Regional gas and oil pipelines Rullroy Wards Defluitlow Areas with multiple railroad tracks used for rail car switcliing,ancinblilig oftraffis, Exoptio : Facilities for the transshipment of goods from other transportation modes to trains are classirW as fi Warehouse and Freight Handling, Aco4sory Uses 4a, Table 29.501(4)-7 Definition. Establishments including bookstores,bars,restaurants,movie theaters,and arcades where films,are shown,or videotapts,magazines,books,or other printed matter are sold,or live performances take place,that are characterized by an emphasis upon the depiction or exposure of Specified Sexual Activities or Specified Anatomical Arm. Massage parlors where services are not administered by a licensed medical practitioner, chiropractor,acupuncturist,therapist or siniflarperson licensed by die state are also included in this Use Category. Uses Included Adult motion picture arcades Adult bookstores Adult cabarets Adult motion picture theatas Adult theaters Bars featuring"topless"or"rxotio"dancers or striptease perforniances Massage parlors Agricultural and Fxrm elated Act Lvifig Definition. Establishments;primarily engaged in supplying soil preparation services,crop services,landscaping, horticultural services,veterinarian and other animal services,and brui labor and managenient services. Uses Included Fama; Stables Atcosory Uses Seed sales and sale of other farm produce ............... ........... ...................... Sup#2010-3 Chapter 29,Article 5-14 Rev.7-1-10 8 ................. o ........................ Lao ercial ur Hecreat I2 ...................... Definition. Large,generally commercial facilities,that provide continuous or s cional recreation or entertainment- oriented activities, Ilicy generally take place outdoors or may take place in a number o structures that are arranged together in an outdoor setting, 1 xcoptions. Golf courses and botanical gardens/urboretunis are classified as Parks and Open Space. Uses that draw large members of people to periodic events,rather than on a continuous basis, such as stadiums and amphitheaters,are classified as Major Event Entertairairient. Uses Included Amusement parks Beach clubs Campgrounds(private) Golf driving ranges Miniature golf facilities Zoos Accessory Uses Accessory uses may include,concessions restaurants,caretakers'quarters,and inaintenance facilities, Detenti-Qu Facilities Definition,sFacilities for judicially required detention or incarceration of people. himates and detainees are tinder 24-hour supervision by sworn officers,except when on an approved leave, Exception. Program that provide transitional living experience for former offenders,such a,halfway houses, where resident,-are not supervised by sworn officers,are classified as Group Living. Uses Included Alternative incarceration centers Jails Juvenile detention hornes Probation centers Accessory Uses Offices,recreational and health facilities,therapy facilities,maintenance facilities,and hobby and manufacturing activities. Major Event FptertaimLigrj Definition. Activities and structures that draw people to spectate or participate at specific events or shows. Fxceptio : Motion picture theaters,includiogdrive-Sin theaters,are classified as lintertainnient,Restaurant and N Recreations Trade, Uses Included Auditoriums Bazaars and carnivals Coliseums Exhibition and meet in areas(more than 20,000 sf) Fairgrounds Sports arenas Stadiums Accessory Uses Restaurants,bars,concessions,and maintenance facilities ......................... ............ ................................................................ Sup#2010-3 Chapter 29,Article 5-15 Rev.7-1-10 9 _., _T__,. ..... M_,, _�.. �ychicle Service Facr�ltres Definition. Frlhcr of the following subcategories of uses: Vehicle service Stations.Any use where gasoline and other petroleum products are sold and/or light maintenance activities such as engineer tuneups,lubrication,minor repairs,and carburetor cleaning is conducted. Service station uses shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting,and body tender work are conducted: Vehicle Repair Facilities. Businesses servicing passenger vehicles,light and medium trucks and other consumer motor vehicles such as motorcycles,boats and recreational vehicles,including premises where beavy automobile maintenance activities such as engine overhauls,automobile painting and body fender work are conducted, cc tioxz: Repair and service of industrial vehicles and equipment and of heavy trucks, towing and vehicle storage,and vehicle wrecking and salvage are classified as Industrial Service. Uses Included Vehicle Service Station Uses 1 Car washes Publicly and privately owned vehicle emission test sites i Gas stations Minor auto repair and tire sales Quick lubrication services Vehicle Repair Facility Uses; Auto body shops j Auto detailing shops 1 Auto upholstery shops `fire sales and mounting shops Transmission or muffler shops Vehicle repair shops Accessory uses Offices,sales ofparts,and vehicle storage SolarKnerej!Cquversion Definition.The use of Solar Energy Systems for the collection,inversion,storage,and distribution ofsolar encrgy for electricity generation,space heating,space cooling or water heating;primarily for use on-site as an accessory,use to ithe principal use pursuant to Section 29.1309. (Ord.No.4013, 11-10-09) 'Sksorts TPraetice Faeilitiag Definition.An indoor facility dedicated solely to the training and development of sports teams.Uses shall not elude the playing,of scheduled games, matches,championships, or tournaments, The facility may have limited! observation seating for family and associates of the players who wish to watch the practice,but it is not open to the public;nor is the facility used for other assembly-type uses when not otherwise used for sports practice.The facility may also include ancillary offices. Wind Energy Conversion Definition.The use of Wind Energy Systems for the conversion of the power of wind into electrical c:nergyl primarily for on-site as an accessory use to the principal use pursuant to Section 29,131 tl. CCt1----_. ................ (Opel,No.3993,06--16 09) Sup#2010-3 Chapter;29,Article 5-16 Rev.7-1-10 10 Attachment C: Updated Applicant's Statement 1114 S.Dakota Rezoning Application Checklist I. Reason for requesting rezoning: Requesting an amendment to the Master flan approved summer 2017. At the time of rezoning,the applicant had understood a neighborhood convenience store to be under the commercial use. Through a(SRC meeting it was discovered that a neighborhood convenience store falls under the"Miscellaneous Use." This Master Plan amendment would facilitate an allowable use and initiate a substantial investment of an Iowa owned convenience store operator. 2, Consistency of this zoning with the Land Use Plan: The subject property has been identified as having flexible commercialtresidential uses in an underserved area of the Ames community. The property is in the exact vicinity of the commercial node as Identified by the Future Land Use Plan. Modern planning would see a neighborhood convenience store as a preferred and logical land use. 8. Current Zoning: CCR Community Commercial/Res Node i 4. Proposed Zoning; CCR Community Commercial/Res Node WITH Miscellaneous Use as an allowable use for the master plan. The previous uses and restrictions would still apply. € 5. Proposed Use: Specifically It would be for a Miscellaneous Use--which would allow for a Neighborhood Convenience Store 6. Complete Legal Description: Attached 7. Land Area: 4.68 Acres 8. MAP: Attached 3 N ax- i �ro 1 .JAN 3 1 %i i CITY ttl ANIF '= [1v,ay. 11 Attachment D: Proposed Master Plan Exhibit IISIHX3 ONINOM IN3WdOISA30 E= viowo"inostm "x m rv� F 7' 7 w'skig A % 80*i)8'OZ'E 280A4',,,,,_ z Ojvi OVO8 ONW6�00 20: 0 P t z "Ak't, ujks z A ?51 04 f NO'IU4 3"W 279,55" L) AVENUE ................... 12 Attachment E: Existing Master Plan Exhibit JIMs s� a� t � 9 ,3: ? jj R .. 1 } ? r 13