HomeMy WebLinkAboutA002 - Commission Action Form dated October 20, 2019 that was presented to Planning and Zoning ITEM #: 6
DATE: 10-20-19
COMMISSION ACTION FORM
SUBJECT: REZONE PARCEL AT 808 E. LINCOLN WAY FROM "A"
(AGRICULTURAL) AND "HOC" (HIGHWAY-ORIENTED COMMERCIAL)
TO "GI" (GENERAL INDUSTRIAL) ZONING DISTRICT
BACKGROUND:
Dennis Tiernan of DHN Investments, LLC has submitted a request to rezone a portion
of "Parcel 131 located at 808 E. Lincoln Way. "Parcel 131 is surrounded on two sides
with developed commercial and industrial uses. To the south and east the land remains
in crop production. (Refer to the aerial location map included as Attachment A.)
The site was initially developed in 1997 with a 14,470 square foot warehouse and two
sheds. The site addressed as 808 E Lincoln Way has been in continuous use for
storage warehousing and outdoor equipment storage since its development. "Parcel 131
is the result of a recent Plat of Survey boundary line adjustment of four parcels
addressed as 728, 728 rear. 734 (former alley) and 808 E. Lincoln Way. The action
consolidated the four parcels into two parcels to remedy property line and access
constraints between the properties that were under the same ownership.
The resulting Parcel "BS' (addressed as 808 E. Lincoln Way) includes 2.98 acres of lot
area and has three different zoning classifications: ''A" (Agricultural). "HOC" (Highway-
Oriented Commercial) and "GI" (General Industrial). The majority of the property is
currently zoned HOC, with the eastern 80 feet zoned "GI" (General Industrial) totaling
approximately 0.54 acres. The "A" zoned area is the smallest area in the southeast
corner of the site. (Existing Zoning- Attachment D)
Given the parcel's varied zoning, Mr. Tiernan has submitted a request to rezone
2.44 acres of "Parcel BJ" from "A" (Agricultural) and "HOC" (Highway-Oriented
Commercial) to "GI" (General Industrial), so that the entire parcel will have the
same zoning designation that supports the current primary use of the property. A
rezoning plat is included as Attachment B, which illustrates the extent of the current and
proposed zoning.
Although split zoning of a parcel is permissible. it complicates a property owner's ability
to conform to development requirements. If the zoning of the parcel were to remain
unchanged, the use of the parcel would be limited per the Zoning Ordinance standards
by the most restrictive zoning, which is "A" (Agricultural):
"Sec. 29.302(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.
1
Based upon a review of former zoning maps. the parcel had a zoning of "GI" (General
Industrial) at the time of development. Please see the excerpt from the 1998 zoning
map, included as Attachment C. However, zoning maps created after the adoption of
the Zoning Ordinance in July of 2000, illustrate this property with a split zoning of "HOC"
(Highway-Oriented Commercial) and "GI" (General Industrial). (See the excerpt from the
current 2019 zoning map included as Attachment D.) However, there is no precise
record of boundary delineations that accompanied the citywide remapping of zoning
districts in 2000 to discern the rationale of rezoning part of this site to "HOC".
The property has a Highway Commercial land use designation within the Land Use
Policy Plan (Attachment E). Areas to the north are designated General Industrial and
areas to the south and east are designated Agricultural/Farmstead. The 2018 Lincoln
Way Corridor Plan did not include this area as a Focus Area, but included discussion of
this part of the corridor as an employment and light industrial area for future planning
evaluation. The Corridor Plan can be viewed as advisory to proposed rezoning requests
per its approval by the City Council in 2018, but it did not necessarily direct specific
changes for this area.
Although the LUPP Future Land Use Map designation would support "HOC" (Highway-
Oriented Commercial) zoning for the entire site, the applicant requests that the subject
property be rezoned to "GI" (General Industrial). Please see the excerpt from the current
2019 zoning map included as Attachment G. The "GI" zone is intended to apply to
"those areas where there is a need to provide a desirable industrial environment and to
promote economic viability of a type generally not appropriate for or compatible with
retail sales areas." The rezoning is consistent with the way the property has been
utilized since its development. A zoning designation of "GI" (General Industrial) would
allow the existing uses to be conforming. Additional discussion of the existing zoning
and surrounding uses is included in the Addendum.
Special Flood Hazard Area. The rezoning area lies within the Special Flood Hazard
Area shown on the FIRM Panel 19169C0163F, effective 10/16/2014. Rezoning of the
properties does not change the floodplain overlay zoning designations. The requested
rezoning does not relieve the subject properties from these flood plain zoning
requirements.
ALTERNATIVES:
1 . The Planning and Zoning Commission can recommend that the City Council
approve the request to rezone 2.44 acres of the property at 808 E. Lincoln Way from
"A" (Agricultural) and "HOC" (Highway-Oriented Commercial) to "GI" (General
Industrial).
2. The Planning and Zoning Commission can recommend that the City Council rezone
only the 6,000 square feet 'A" (Agricultural) portion of the property at 808 E. Lincoln
Way from "A" (Agricultural) to "HOC" (Highway-Oriented Commercial) to align with
the predominant zoning of the remainder of the parcel and leaving the existing
zoning of the remainder of the parcel unchanged as "GI".
3. The Planning and Zoning Commission can recommend that the City Council delay
action on the rezoning of 2.44 acres of the property at 808 E. Lincoln Way from "A"
(Agricultural) and "HOC" (Highway-Oriented Commercial) to "GI" (General Industrial)
and initiate a Minor Land Use Policy Plan amendment to consider designating the
site as General Industrial prior to considering the rezoning request.
4. The Planning and Zoning Commission can defer action on this request and refer it
back to City staff and/or the applicant for additional information to be provided before
the Commission meeting of December 4, 2019.
RECOMMENDED ACTION:
Staff finds the rezoning of 2.44 acres of "Parcel BX from "A" (Agricultural) and "HOC"
(Highway-Oriented Commercial) to "GI" (General Industrial) to be consistent with the
land use discussion of the Lincoln Way Corridor Plan, which identifies this area as "East
Side Employment District" comprised of light industrial uses. This particular site is not in
a primary retail area and was originally developed with an industrial use. The property is
essentially the transition to more industrial focused uses to the east from the mix of
service and industrial use that exist to the west. There is no loss of viable commercial
land with the rezoning as the use of the site is already industrial and intended to be
maintained as an industrial use by the owner.
Staff believes that a rezoning the whole property to "GI" (General Industrial) is
supported by the long term objectives of the City for this area and is in keeping with the
current use of the property without undermining the future needs of the City. An
amendment to the LUPP Map is not needed in this instance to support the rezoning due
to nature of the site and its current use and general conformance with the intent for
development and uses in the area.
Therefore, the Planning and Housing Department supports Alternative #1, asking
the Planning and Zoning Commission to recommend that the City Council
approve the request to rezone 2.44 acres of"Parcel BY located at 808 E. Lincoln Way
from "A" (Agricultural) and "HOC" (Highway-Oriented Commercial) to "GI" (General
Industrial).
3
ADDENDUM
Subject Property and Existing Zoning. A recent Plat of Survey boundary line
adjustment action consolidated the parcels addressed as 728, 728 rear, 734 (former
alley) and 808 E. Lincoln Way into two parcels, "Parcel BK" and Parcel 131.
The rezoning request is only for "Parcel BX.
"Parcel BY includes 129,822.85 square feet or 2.98 acres of lot area and has three
different zoning classifications: "A" (Agricultural), "HOC' (Highway-Oriented
Commercial) and "GI" (General Industrial). The portion of the parcel currently having the
"GI" (General Industrial) designation is the 80 feet (.54 acres) along the east side of the
property and is therefore excluded from the rezoning request. Attachment 8 illustrates
the extent of the current and proposed zoning for the areas of "Parcel BX that are
included.
Here is a breakdown of the acreage, zoning and use.
Acreage Existing Zoning Existing Land Use
"Parcel BX 129,822 sq. ft., °GI", "HOC", &"A" Storage Warehouse&
2.98 acres Equipment Storage
23612.80 sq. ft.; "GI" (General Industrial) Equipment Storage
.54 acres
Rezoning 106,211.60 sq. ft.; Storage Warehouse
Plat 2.44 acres
100,211.60 sq. ft.; "HOC" (Highway-Oriented Storage Warehouse
2.30 acres Commercial
6,000 sq. ft.; "A" (Agricultural) Vacant
.14 acres
Existing Uses of Land.
The parcel was developed in 1997 and has been used as an industrial warehouse since
its development. No additional impacts on City services are expected as the parcel is
already developed. The rezoning request is consistent with the way the property has
been utilized since its development.
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 Storage Warehouse
North Gas Station & Service Garage/Warehouse Showroom Store
East Equipment Storage/Crop Production
South Crop Production
West Electrical Contractors, Sign Contractors &Auto Detailing
i provided to the site from E. Lincoln Way. A bike path
Access. Vehicular access s p y
currently exists along the frontage of this parcel (south side of E. Lincoln Way). The bike
path ends at the western corner of this parcel where a sidewalk continues to the west.
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Infrastructure. The site is developed and fully served by City infrastructure.
Nonconformities. In Section 29.397, the Zoning Ordinance describes nonconformities
as "uses, structures and lots that were lawfully established but that do not conform to
one or more existing requirements of this Ordinance." In the case of the subject
property, property improvements were made in 1997 before the current zoning was
established in 2000. Even though the use has continued since development, changes to
the zoning map in 2000 for this property from "GI" (General Industrial) to "HOC"
(Highway-Oriented Commercial) zoning resulted in rendering the use to be
nonconforming. Regulations regarding nonconformities allow the continued use of the
property but are intended to promote the property's reuse and rehabilitation over time.
Reasonable limits are also placed on the expansion of nonconforming uses.
Approving the proposed rezoning would render the current use of the property
conforming per its original approval.
Proposed Zoning. A request to "GI" (General Industrial) is consistent with the use of
the site and the existing zoning to the north and east. (See the Proposed Zoning Map,
Attachment G.) Rezoning is not mandatory to continue the site's existing use. Rezoning
the property to "GI" (General Industrial) would allow the existing use to continue as a
permitted use and would allow the full use of the subject property without limitations of a
nonconforming designation.
If the determination is made, however, that the zoning of "HOC" (Highway-
Oriented Commercial) should be maintained in this area, then staff would request
that at a minimum, the 6,000 sq. ft. portion currently zoned "A" (Agricultural) be
rezoned to "HOC" (Highway-Oriented Commercial) as stated in Alternative 2.
Without the "A" (Agricultural) portion being rezoned, the entire newly consolidated
parcel becomes bound by the most restrictive zoning, which is this 6,000 sq. ft. portion
that is zoned "A" (Agricultural). At a minimum, rezoning the "A" zoned area would make
the property viable for commercial uses as intended by its LUPP designation.
Applicant's Statement. Staff directed the applicant to seek rezoning given the split
zoning of the new parcel due to limitation of the "A" zoning as the most restrictive zoning
district. The applicant has provided an explanation of the reasons for the rezoning
request in Attachment F.
Land Use Policy Plan.
The Lincoln Way Corridor Plan identifies this area as the "East Side Employment
District," comprised of light industrial uses of various sizes. The East Side Employment
District extends from just east of Duff Avenue to 1-35. The Lincoln Way Corridor Plan
was approved and incorporated in the Land Use Policy Plan in the Urban Core section
of Chapter 2 on January 23, 2018. By reference, the Lincoln Way Corridor Plan is to be
relied upon as advisory to land use and zoning decisions as a visioning document for
the future of the Corridor. The plan states:
The East Side Employment District is home to light industrial uses of various
sizes. While this portion of Lincoln Way may become more heavily traveled as
industrial development expands to the east, it is not considered by many to be
a primary gateway to Ames for out-of-town visitors or residents. As such, the
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vision for this area focuses on improving the functionality for its tenants and,
where appropriate, implementing minor improvements to enhance aesthetics
but not necessarily with the intention of drastically transforming the area. The
areas nearer to Duff Avenue may be appropriate to redevelop especially upon
construction of Cherry Street extension.
The rezoning request of the 2.44 acres of "Parcel BY from "A" (Agricultural) and "HOC"
(Highway-Oriented Commercial) to "GI" (General Industrial) is seen as not conflicting
with any land use policies of the Lincoln Way Corridor Plan.
The Land Use Policy Plan (LUPP) Future Land Use Map designates the extent of
generalized land uses throughout the City. The intent of the LUPP Map is to illustrate
relationships among uses in order to create an efficient, compatible and viable
development pattern for the community and to serve as a policy guide in decision
making for zoning. The subject property is designated as "Highway-Oriented
Commercial". This designation applies to the south frontage of E. Lincoln Way from Duff
Avenue eastward to the Skunk River. Along the north frontage, the western portion of E.
Lincoln Way is zoned "Highway-Oriented Commercial" and the eastern portion (just
north of this parcel) is zoned "General Industrial". E. Lincoln Way separates the two
zoning districts. (See Attachment E.)
The rezoning request is inconsistent with the generalized location and extent of the
"General Industrial" land use area indicated on the LUPP Map when viewed as planning
for future land use. Additionally, the LUPP includes general Goals and policies to
provide context to rezoning and other policy issues related to land use.
The land use goals and policies of the LUPP relevant to this rezoning request are:
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.
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.
Staff believes the rezoning request is consistent with the goals and policies of the LUPP
in removing the constraints of mixed zoning districts on the site and in this case making
the current use conforming in light of the nature of the area as a transition from
commercial to industrial. Additionally, there are not issues of compatibility of use or a
significant loss of developable land needed to serve future populations with commercial
uses.
Notification. The City provided mailed notice to all property owners within 200 feet of
the subject property prior to the Planning and Zoning Commission meeting in
accordance with the notification requirements of Chapter 29.
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ATTACHMENT A: LOCATION MAP
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ATTACHMENT C: ORIGINAL ZONING - 1998
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ATTACHMENT F: APPLICANT'S STATEMENT
Application for Rezoning
DHN Investments, LLC
728, 728(rear), 734 & 808 East Lincoln Way, Ames, Iowa
Reason for requesting rezoning and consistency with LUPP:
The property at the aforementioned addresses is undergoing a boundary line
adjustment. Rezoning is being required by planning staff due to a number of
zones existing on the parcels being adjusted. City planning staff has indicated
that the requested zoning change will bring the parcel into compliance with the
existing use on the property.
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ATTACHMENT G: PROPOSED ZONING
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