HomeMy WebLinkAboutA006 - Council Action Form dated December 10, 2019 ITEM #: 22
DATE: 12-10-19
COUNCIL ACTION FORM
SUBJECT: REZONE OF A 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. 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 BJ 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 are under the same ownership. (Location map-
Attachment A.)
The resulting Parcel "131 (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 "Gl" (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).
Based upon a review of former zoning maps. the parcel had a zoning of "GI" (General
Industrial) at the time of its initial development. Please see the excerpt from the 1998
zoning map, included as Attachment C. At the time of the citywide rezoning in 2000, the
property was assigned split zoning with HOC" (Highway-Oriented Commercial) and
"GI" (General Industrial). However, there is no precise record of boundary delineations
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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 Q. 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) because the
current principal use is allowed within GI. 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. If the site were to maintain its current split
zoning or to be rezoned to HOC for the whole site, the current use could continue as a
nonconforming use.
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.
Planning and Zoning Commission. The Planning and Zoning Commission reviewed
the request on November 20. 2019 and voted 5-0 to 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).
ALTERNATIVES:
1 . The City Council can approve on first reading the request to rezone 2.44 acres at
808 E. Lincoln Way from "A" (Agricultural) and ''HOC" (Highway-Oriented
Commercial) to "GI" (General Industrial).
2. The City Council can approve on first reading the rezoning of 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 parcel and leave the existing zoning of the remainder of
the parcel unchanged as "GI".
3. The City Council can 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 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 request for rezoning of 2.44 acres of "Parcel BY from "A" (Agricultural) and "HOC"
(Highway-Oriented Commercial) to "GI" (General Industrial) is 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 regardless of the zoning change.
Rezoning of the site is desirable to create clarity for the property owner. Staff
recommends that some form of rezoning occurs to benefit the property owner, rather
than maintain three distinct zoning districts on the property. Although the proposed zone
change to GI does not precisely match the LUPP land use designation of the Future
Land Use Map, the City Council could approve the rezoning to GI in this instance due to
nature of the site and its current use and general conformance with the intent for
development and uses in the area.
Therefore, it is the recommendation of the City Manager that the City Council act
in accordance with Alternative #1, approving on first reading the rezoning of 2.44
acres of `Parcel BJ" located at 808 E. Lincoln Way from "A" (Agricultural) and
"HOC" (Highway-Oriented Commercial) to "GI" (General Industrial).
In the event that City Council determines that precise conformity to the Future Land Use
Map is necessary, staff would support proceeding with a Minor LUPP Amendment prior
to the rezoning of the site to Gl, Alternative #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 BY.
The rezoning request is only for "Parcel BX.
"Parcel BX 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 B illustrates
the extent of the current and proposed zoning for the areas of "Parcel BY that are
included.
Per Article III of the Zoning Ordinance, the use of the site is limited to the most
restrictive zoning, 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."
Here is a breakdown of the acreage, zoning and use.
Acreage Existing Zoning Existing Land Use
"Parcel BY 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.;
Plat 2.44 acres Storage Warehouse
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.
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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 9 P
E ui ment Storage/Crop e/Cro Production
South Crop Production
West Electrical Contractors, Sign Contractors &Auto Detailing
Access. Vehicular access is provided to the site from E. Lincoln Way. A bike path
currently exists along the frontage of this parcel (south side of E. Lincoln Way). The bike
sidewalk path ends at the western corner of this parcel where a s de aIk continues to the west.
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
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 PolicyPlan LUPP Future Land Use Ma designates the extent of
(LUPP) P 9
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
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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.
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ATTACHMENT A: LOCATION MAP
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ATTACHMENT B: REZONING PLAT
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9
ATTACHMENT C: ORIGINAL ZONING - 1998
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12
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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PROPOSED ZONING MAP
- 808 E Lincoln Way
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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 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 808 East Lincoln Way,is rezoned from Agricultural"A"and Highway-Oriented
Commercial(HOC)to General Industrial (GI).
Real Estate Description:
A part of Parcel BJ in the Northeast Quarter of the Northeast Quarter of Section 11, and in the
Northwest Quarter of the Northwest Quarter of Section 12,all in Township 83 North,Range 24 West
of the 5th P.M. City of Ames, Story County, Iowa, being more particularly described as follows:
Commenicing at the Northwest Corner of said Section 12;thence S00°11 '40"E,60.00 feet along the
west line thereof to the north line of said Parcel BJ,and the point of beginning;thence S8913647"E,
295.05 feet along the north line of said Parcel BJ; thence S00°10'56"E 295.16 feet to the south line
thereof;thence following the boundary of said Parcel BJ N89°3656"W,294.99 feet to the west line
of said Section 12; thence N00°11'40"W, 4.69 feet along said line; thence N88°55'53"W, 100.00
feet;thence NOW 11'40"W,60.00 feet;thence N88°55'53"W,50.51 feet;thence N00°12'12"W,65.36
feet;thence S88°55'53"E, 130.52 feet; thence N00°11 '40"W, 165.12 feet to the Northwest Comer
of said Parcel BJ; thence S88°56'40"E,20.00 feet to the point of beginning,containing 2.44 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 R. Voss, City Clerk John A. Haila, Mayor
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