HomeMy WebLinkAboutA001 - Commission Action Form dated January 17, 2024 ITEM #: 6
DATE: 01-17-24
COMMISSION ACTION FORM
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SUBJECT: REZONE PARCEL AT 210 SOUTH FIFTH STREET FROM "A"
(AGRICULTURAL) WITH THE O-E (ENVIRONMENTALLY SENSITIVE
OVERLAY) TO "HOC" (HIGHWAY-ORIENTED COMEMRCIAL) WITH
I THE O-E (ENVIRONMENTALLY SENSITIVE OVERLAY).
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BACKGROUND:
The Boys & Girls Clubs Of Story County is requesting that the City rezone property
located at 210 South 5th Street from the current zoning designation of "A" (Agricultural)
with the O-E (Environmentally Sensitive Overlay) to "HOC" (Highway Oriented
Commercial) with the O-E (Environmentally Sensitive Overlay).
The subject property includes approximately 3.22 acres. The north property line abuts
South 5t" Street with residential properties further north. The south property line abuts
City owned property to the south which includes wooded area, open space and watershed
land for Iowa Creek, The western property line also abuts City property with wetland and
open space on it. The eastern boundary abuts commercial zoned land containing several
commercial uses. (see Attachment A —Current Zoning & Location Map).
The Agricultural zoning designation has been applied to this property for several decades
at this location. The Boys & Girls Club constructed their current building under the
Agricultural zone regulations in 1997. The proposed rezoning to HOC is intended to
better reflect the existing use and to facilitate an expansion. of the Boys & Girls
Club. (see Attachment B- Proposed Zoning Map)
There is one existing building on the property which houses the Boys & Girls Club. The
existing building has stood at this location for nearly 30 years. The existing use is
classified as a Child Daycare Facility which is a permitted use in the HOC zone with
review of a Site Development Plan. By contrast a Child Daycare Facility is only permitted
in Agricultural zones subject to review of a request for a Special Use Permit by the Zoning
Board of Adjustment.
The subject property is situated adjacent to the Commercial Retail land use designation
to the east, and is part of the Open Space designation of Ames Plan 2040. The site is
the transition of the two land use designations. (see Attachment C - Ames Plan 2040
Land Use Designation), The Open Space Designation anticipates land that is
predominately natural and unbuilt such as environmentally sensitive areas and
floodplains. The subject property is entirely within the floodplain and also has floodway
overlay on the southwestern portion of the site, which is consistent with the designation.
Boundaries of the land use designations are flexible as a transition and not property
specific. The proposed HOC zoning is supported by the Community Commercial Retail
Land Use designation that is to the east with the general transition of the land use to open
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space occurring at this site, since this site was previously developed. (See Attachments
E & F)
The property also lies within the O-E (Environmentally Sensitive Overlay). This overlay is
applied to areas where Regulatory Floodway is located within the 100-year Floodplain.
This property has Foodway on the southwestern half of the property southwest of the
building. The entire property is located within 100-year floodplain.
ALTERNATIVES:
1. The Planning and Zoning Commission can recommend that the City Council
'i approve the request to rezone 3.22 acres of the property at 210 South 5th Street
from "A" (Agricultural) with the O-E (Environmentally Sensitive Overlay) to "HOC"
(Highway-Oriented Commercial) District with the O-E (Environmentally Sensitive
Overlay).
2, The Planning and Zoning Commission can recommend that the City Council deny
the request to rezone 3.22 acres of the property at 210 South 5th Street from "A"
(Agricultural)with the O-E (Environmentally Sensitive Overlay) to"HOC" (Highway-
Oriented Commercial) District with the O-E (Environmentally Sensitive Overlay).
3. 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.
RECOMMENDED ACTION:
e
The appropriateness of the rezoning should be considered in relation to the existing use
of the site and the continued use of the site facilitated by rezoning the site to HOC given
that HOC is supported by the abutting land use to the east. The current use of the site in
this case will stay the same and be operated in a similar manner as is currently done, the
future expansion of facilities is consistent with current use, The Boys and Girls Club is a
Community Facility supporting youth services in nature and have been compatible with
the surrounding uses as is, The change will facilitate a more efficient future expansion of
the current use while maintaining foodway overlay with O-E (Environmentally Sensitive
Overlay) on the site where required.
Rezoning will have no impacts on current infrastructure and City services for this parcel
whether the site is a Community Facility as it is today or used from another commercial
purpose in the future, Commercial uses in this area have also operated in compatible
manner with the existing residential to the north as well.
Staff believes that the interpretation of the boundary of the Open Space and Commercial
Retail designation can be interpreted to allow for the proposed rezoning without a Land
Use Map amendment recognizing this already developed site as the transition,
Therefore, the Planning and Housing Department supports Alternative#1.
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ADDENDUM
REZONING BACKGROUND:
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Existing Uses of Land. Land uses that occupy the subject property and other
surrounding properties are described in the following table;
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Direction from Existing Land Uses
Subject Property
Subject Property Child Daycare Facility
North Residential
East Commercial
South Open Space
West Open Space
Ames Plan 2040 and the Future Land Use Map, Ames Plan 2040 is the City's
Comprehensive Plan. The Future Land Use Map, which is part of the Plan, includes
designations that describe the character of an area and intended goals, guidelines and
actions that would further the Vision and Principles of the Plan. The Map includes
supplemental information, such as street layouts, public facility locations, flood plain, and
natural areas that are not in and of themselves land use designations.
The boundaries between land use designations are intended to be general and not
property specific unless specified through an action by the City Council. The general
boundary allows for some flexibility regarding appropriate transitions between
designations through precise zoning delineations as determined by the City Council. And
it designates the extent of generalized land uses throughout the City.
Open Space Land Use Designation. The current land use designation for this property
is Open Space, The Open Space designation anticipates natural areas, woodlands and
other natural features. The Boys & Girls Club has existed at this location since before the
current land use designation. In this case the subject property borders a land use
designation on the abutting property that supports the proposed rezoning request while
the existing land use designation is not proposed to be changed and will remain open
space, the existing use more closely aligns with the HOC designation and the abutting
zoning designations to the north and east. (See attachment E- Open Space Land Use
Goals)
Staff believes the rezoning request does not conflict with Ames Plan 2040 and the Future
Land Use Map in that HOC designation reflects the use of the property. It does not alter
the use of the property that currently exists or transition the use of the property from one
type of use to another. In this case, the land use designation does not have to be changed
prior to rezoning as the existing use and facility on site is already better suited to a
commercial designation and is seen to reflect the land use designation immediately to the
east. Boundaries are meant to be property specific within Ames Plan 2040 for
implementing zoning districts. Maintaining the Open Space land use designation reflects
the areas of the property to the south that cannot be developed in any significant way as
they are located in the Floodway portion of the 100-year Floodplain, This maintains the
intent for the remainder of the site to remain open, natural and accommodate wetlands
and floodplain. Keeping the O-E Overlay is consistent with the Open Space designation,
Attached is a narrative from the applicant that they believe address some land use issues
in the Ames Plan 2040 Comprehensive Plan. (See Attachment D)
Existing/Proposed Zoning. The property is currently zoned "A" (Agricultural) (see
Attachment B- Existing/Proposed Zoning Map). Properties to the north are zoned "RH"
I Residential High Density and properties to the east are zoned "HOC." Properties to the
south and west are zoned as "A" (Agricultural). The proposed zoning is "HOC" Highway
Oriented Commercial zone (see Attachment C- Proposed Zoning Map). The "HOC"
j district is reserved exclusively for structures and uses related commercial uses such as
retail, office and institutional which include uses such Community Facilities or daycare
facilities.
Floodplain & O-E Overlay. The O-E designation is being maintained where it already
exists on this property in accordance with the designated Floodway within the 100-year
floodplain. The O-E is applied to the Floodway portion of the 100-year Floodplain. The
entire site is located within the 100-year floodplain, otherwise referred to as the Floodway
fringe. The fringe is the area of the floodplain that is able to be developed according to
floodplain protection standards of Chapter 9. Any future development on this site must
comply with floodplain development standards and requires an Environmental
Assessment if any development is proposed in the Floodway. (See Attachment G)
Public Infrastructure. City infrastructure is available to serve the site. All existing
infrastructure is adequate to serve the site, No additional infrastructure is anticipated.
Applicant's Statement. The applicant has provided an explanation of the reasons for the
rezoning request in Attachment F.
Findings of Fact. Based upon an analysis of the proposed rezoning and laws pertinent
to the proposed map amendment, staff makes the following findings of fact:
1. The subject property is owned by the City of Ames. The rezoning request and
statement of justification is included as Attachment D.
2. Ames Municipal Code Section 29.1507(1) allows the property owner to initiate an
amendment to the Official Zoning Map.
3. The proposed rezoning is consistent with the abutting designation of "Community
Commercial Retail" as identified on the Future Land Use Map included as Attachment
C in that the use is a commercial use similar to the intended types of activities of the
designation.
4. The proposed rezoning to "HOC" (Highway Oriented Commercial) zoning is
appropriate since the pre-existing use and abutting zoning to the north and east are
also HOC zoned.
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5. Development of the site will utilize standards which are compatible with the general
character of the area.
6. Rezoning will have no impacts on current infrastructure and City services for this
parcel.
Public Notice. 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 D-Applicant Request & Narrative
Request for Rezoning
The Boys and Girls Clubs of Story County,Ames is requesting the existing site at 210 South 5`"Street to be rezoned
from Agricultural(A)to Highway Oriented Commercial(HOC)for the$5M building expansion project.
The site currently sits adjacent to HOC on the east, Residential High Density(RH)on the north with'Won the
south and west. This property is the only developed property to hold "A"designation in the area.
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At the time of original development,the site met zoning standards. However,the current zoning standards do not
allow Community Faclildes in an agricultural zone, Additionally,the site is non-conforming due to building setback
requirements of So'front, 20' side and 50' rear as the existing building setback is 20' front yard setback and 10'
sfde.yard on the east side.
Approving this rezoning request to Highway Oriented Commercial will allow the property to meet all the current
zoning standards, specifically the current non-conforming allowable use and building setbacks of 10' front yard
setback and 5'side yard setback.
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Consistency with Ames Plan 2040.
In reviewing the City of Ames Comprehensive plan,Ames Plan 2040, The rezoning request does not conflict with
the goals outlined and meets several of the desired goals contained in the Plan.
land use he following are examples of how this rezoning meets those goals.
With regards to a d u t g p g
LUi: Relating Land Use and Transportation. Land use planning must be planned in coordination with Ames'
network of streets,trails,paths,and transit lines.The land use plan is closely related to the Complete Streets Plan,
with higher intensity uses clustered along streets that have the capacity to serve them successfully.A system of
multi-modal connections will be the framework for a land use plan that promotes variety and diversity of uses.
Sufficiency of other related support services, including infrastructure, emergency response, and parks will be
correlated to the intensity of use. Site access is provided by multimodal forms of transportation due to the existing
Infrastructure and services.
Traditional vehicle access Is maintained via South 5'"Street, Pedestrian/bike access was recently enhanced
by Including a shared use path on the north side of the property. CyRide services the site via the Blue 3
route and the City of Ames Schools provides after-school transportation to the site via bus during the
school year.
LUZ.Compatibility with Flexibility.Ames land use pattern should.minimize conflicts between adjacent land uses.
_ Some land uses are inherently incompatible and should be separated,in other cases,a variety of design techniques
where different uses and Intensities meet can reduce Incompatibilities and more successfully integrate different
uses into a cohesive city environment. Homogeneous building form and uses are not necessarily the goal of the
Plan.Guidelines should provide developers with reasonable flexibility and room for Innovation.
This proposed rezoning does not conflict with any existing zoning within the area and brings the site into
compliance with current zoning standards for usage and building setbacks.
LUM Vital, Convenient Mixed Uses. Ames will encourage a compatible mix of uses to create more active,
interesting, and efficient city environments, while providing residents convenient access to nelghborhood
commercial services and other vital community facilities.
This community facility is In a location that is compatible with the adjacent zoning by meeting the allowed
use requirement for Highway Oriented Commercial and provides a service that Is not typical of commercial
use such as retail or restaurant,but those used compliment the community service use by providing close
and convenient access to those other services.
Natural Resource Preservation Is maintained.
The current zoning of Agriculture Implies potential agriculture use, however the site being previously
developed as allowed at the time in an Ag zoning and being adjacent the high critical natural resource area
adjacent to the ioway Creek corridor this project will not affect or disturb any natural resources in the area
or within the site, It addition, the new building expansion will be constructed to flood protect to the
required flood protection elevation as provided by the City of Arnes Flood Plain Administrator and the
existing structure will now provide flood protection to this elevation as well.
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Attachment E- Open Space Land Use Designation Goals
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GROWTH & 1.AN0 ilr,
d � A
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Open Space f Natural Areas
ON
» Larg8e'arease I.!cIan din tended toTemain APPLICABLE 5XISTING ZONING CATEGDRIES
undevolopedandnaturalin character,Including public » Government
grtienways.
i » + Agriculture
Prfivately or.publicl owned environmentally
sensitive areas tha#.should not bedeveloped, n Potential conservation orfringe overlays In areas,where
residential uses might be existing or permitted.
Agricultural uses arecommon.
r May inalude public recreation facilities,
» $pecifit.pollcy directions are included in the Urban
Fringe Area Policies,
GOALS DEVELOPMENT GUIDELINES PUBLIC ACTIONS
n Set asldoland intended toremainprimarily » Agricultural orother similar low intensity development n Use greenwaysas corridors for pedestrian and bicycle
undeveloped and natural in character as Permanent zoning districts would apply.During zoning and site transportation and recreation.
ppen space, plan review,evaluate proposals for separation distances » Acquire strategic upon space areas when possible,to
► Limit ubtito ens space passive adequatotominimizenoise,glare,andhazardsthat 4 B P P
p p p P would i mpair the quality of ope it space. maintain corridors or protect Import ant
cortsarvation efforts, environmentat assets.
» Retain rtahll areas,open space,and habitat in the city,
» Presarye natural areas as passive open spare In See also Parks,Trails,15 Greenways Elarnent and » Use Greenways and,Open Spec as conservation
acdordancewith planned greenwaysofInsupportof EnvIronmentFIement,PorinItdovelopment only when development tathnlquesinnew growth areas,
largernatural preservation areas. serving environmental,park,or agricultural purposos.
n Use Urban Fringe Area policies to review development
» Allow minor encroachmentof residential zoninSSfor requests.
existing.uses and limit allowances fornewresidential
with a procise study of environmental Constraints and
plans to locate structures outside ofsonsitiveareasto
e-. retain the natural,aesthetic,and environmental value
r of the area and property.Multiple developable sites
+- would requ tro o i and use map designation amendment
+ Areas within the Amos Urban Fringe are redominantly
natural and agricultural uses and are sub act to the
policies of the Ames Urban Fringe Plan and associated
('r y 28E agreements unless addressed more specifically by
other provisions.
l Natural areas are informational designations
applicable to the Urban Fringe Area,See also
Environment Elemont.
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Attachment F- Community Commercial Retail (Corn-CR) Goals
..,. _ Gi0V, rII 9 I.AN0 USE
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' Community G�srrl-frro�lgrs: �l � I�,.��i tCom CR)
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» Major'commercial destinations,with citywide and even » Includes major cam inercial corridors,ordlnadlyalong APPLICABLE EXISTING ZONING CATEGORIES
reglon&Tmerket reach.Changesin retailing,inctudingihe high traffic arterials-thoroughfares and boulevards, » CCN Community CommorcialNode
growinglim0ortanceofOn-line Sales,will affect mix of . Includescommerctalofiteareas• . HOCI11 hwa OrientedCommerclal
retail use's and character of these areas. g Y
. Indudesa vgrletyof settings from North Grand » To date,typically found in single-use commercial , NC Neighborhood Commercial
Mall and 1.erge.-4'ormatfree-standingcommerclal. environments. » PRC Planned Regional Commercial
. IJsuoll auto-Orlantedwlthlare parking lots,often » TyPleallyseparatcdFromstreetbyparking.
sizo0to peak parking needs.g P g a Arterial or interstate visibility and access. • 0 G Gateway Overlay Districts
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GOALS DEVELOPMENT GUIDELINES PUBLIC ACTIONS
» Maintain vlabilltyas major elements of the Ames' » Re-ova hi ate park Ing nee dsin light ofchanging » Dove lop plans for upgrading major commercial
I economy. consumef patterns and potential access,via corridors to address functional,aesthetic,and
alternative transportation modes. land use Issues-access management,strootscape.,
» Improve
quality and userexperlence,tomaintain multi-medal transportation,local circulation,and
competitiveness. . Redesl�nlargeparkingareasforbetter land use opportunities.
1 user orientation and pedestrian/bicycle access,
Y Increase efflcioncy of land use and improve reduce Influence of parking. a Ex Iorepublic/private partnerships to enhance
a'rivironmentalperformance. existing major commercial assets.
» Improve street ofiantation and connection of
a Introduce now andmore varied land uses,where building entrances to the public domain. Develop secondary circulation ways to reduce
appropriate. local traffic on main corridors,W ork with major
» Implement access management along estab€ishmontstointerconnect parking lots.
r Move away fram.solelyauto-orientoddesign corridors,raduce the number ofcurb cuts,and
approaches. encourage interconnoctivityof parking areas and » Encourage creation of a55MIDto help finance
shared access points. district wide Improvements.
Provide seconder circulation where possible to »
z jf Y P Review commercial design needs end zoning,
separate local and through traffic stream,, regulations in light of changing consumer patterns.
» Improve the physical appearance and safety and » With changing retail markets,provide flexibility
— functionality of transportation alternatives, to permit the evolution o'f'single•use large
including bicycles and other micro-mobility modes commercial projects Into new retail formats and
nMf and transit. mixed-use developments.
Attachment G- Floodplain and O-E Designated Areas.
Boundary Between Floodway Fringe&Floodway
S
_ 3
Finodzvay Fringe
(Developable Area)
Floodway& O-E Overlay
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Floo plain Designations C, R
STREET
LABELS-ALL*5000OF7
Private
--- ISU Road
---City Road
rl ---Caanty Secondary
Courtly H vy
-State Hvy
-US Hvey
!!! VVV �US Interstate H%v