HomeMy WebLinkAboutA004 - Council Action Form dated February 13, 2024 i
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ITEM#: 34
DATE: 02-13-24
DEPT: N&ll
COUNCIL ACTION FORM .
SUBJECT: REZONE OF PARCEL AT 210 SOUTH FIFTH STREET FROM
AGRICULTURAL WITH O-E (ENVIRONMENTALLY SENSITIVE
OVERLAY) TO HIGHWAY-ORIENTED COMMERCIAL WITH O-E
(ENVIRONMENTALLY SENSITIVE OVERLAY),
BACKGROUND:
The Boys & Girls Clubs of Story County has requested rezoning of a 3.22 acre property located at 210
S. Sth Street. The north property line has frontage along South Sth Street with residential properties
located across S. Sth Street, The south property line abuts City owned property which includes wooded
area, open space, and watershed land for Ioway Creek, The western property line also abuts City
property with wetlands and open space created by the City through the recent flood mitigation project.
The eastern boundary abuts commercial zoned land containing several commercial uses. The
Environmentally Sensitive Overlay applies to a southern portion of the site that is the floodway of
Ioway Creek, (Attachment A—Current Zoning&Location Map).
The Agricultural zoning designation has been applied to this property for several decades. The Boys &
Girls Club constructed its existing building under the Agricultural zone regulations in 1997. The
proposed rezoning to Highway-Oriented Commercial (HOC) is intended to better reflect the
existing use and to facilitate an expansion of the Boys & Girls Club. (Attachment B- Proposed
Zoning Map)
There is one existing building on the property. The existing use is classified as a Community Facility,
which is a permitted use in the HOC zone with review of a Site Development Plan. By contrast, a
Community Facility is only permitted in Agricultural zones subject to review of a request for a Special
Use Permit by the Zoning Board of Adjustment.Additionally, setbacks are reduced within HOC zoning
compared to Agricultural zoning,
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
j overlay on the southwestern portion of the site, which is consistent with the designation. However, the
built commercial component of the site is not representative of this designation.
Boundaries of the land use designations have flexibility as transition between designations and is not
always 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 space
occurring at this site, since this site was previously developed (See Attachments E & F). Regardless of
the base zoning, improvements are subject to floodplain development standards and the planned
addition will meet flood protection requirements of Chapter 9 of the Ames Municipal Code.
The property also lies within the O-E (Environmentally Sensitive Overlay). This overlay is applied to
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areas where Regulatory Floodway is located within the 100-year Floodplain, This property has
Floodway on the southwestern half of the property southwest of the building. The entire property is
located within 100-year floodplain.
Planning& Zoning Commission.Recommendation
At the January 17 Planning & Zoning Commission meeting, the Planning & Zoning Commission
reviewed the proposed rezoning. Staff explained the request to the Commission. The representative
engineer for the Boys & Girls Club addressed the Commission. The Planning & Zoning Commission
voted 6-0 to recommend that the City Council approve the rezoning request to rezone,
ALTERNATIVES:
1. Approve the request to rezone 3.22 acres of the property at 210 South Sth Street from "A"
(Agricultural) with the O-E (Environmentally Sensitive Overlay) to "HOC" (Highway-Oriented
Commercial) District with the O-E(Environmentally Sensitive Overlay).
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2. Deny the request.
3. Defer action on this request and refer it back to City staff and/or the applicant for additional
information.
CITY MANAGER'S RE,C011-IMENDED ACTION:
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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 consistent with the zoning
abutting the site to the cast. The current use of the site in this case will stay the same and be
operated in a similar manner as is currently done.Additionally, the future expansion of facilities
is consistent with current use. The Boys and Girls Club is a Community Facility supporting youth
i services in nature and has been compatible with the surrounding uses as is. The change will
facilitate a more efficient future expansion of the current use while maintaining floodway overlay
with O-E(Environmentally Sensitive Overlay) on the site where required.
Rezoning will have no impacts to current infrastructure and City services for this parcel, whether
the site is a Community Facility as it is today or if it is used for another commercial purpose in
the future. Commercial uses in this area have also operated in a compatible manner with the existing
residential area to the north as well.
Staff believes that 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 acting as a transition of land use.Therefore, it is the recommendation of
the City Manager that the City Council approve Alternative#1, as described above,
TTACIIMENT S
210 S 5th Addendum.pdf
Attachment A.pdf
Attachment B,pdf
Attachment C,pdf
Attachment D.pdf
Attachment D Cont..pdf
Attachment E.pdf
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Attachment F,pdf
Attachment G.pdf
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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
I East Commercial
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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)
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Existing/Proposed Zoning. The property is currently zoned "A" (Agricultural) (see
Attachment B- Existing/Proposed Zoning Map). Properties to the north are zoned 'RH"
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"
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.
i 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.
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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.
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 C- Existing Future Land Use Designation
2I0 SOuth.ith Street
RN-5 Open 5apee Designation
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Legend
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Consistency with Ames Plan 2040.
In revlewing the City of Ames Comprehensive plan,Ames Plan 2040, The rezoning request does not conflict with
j the goals outlined and meets several of.the desired goals contained In the Plan.
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With regards to land use the following are examples of how thisrezoning meets those goals.
LU1: Relating Land Use and Transportation. Land use planning must be planned In coordination with Arnes'
network of streets,trails,paths,and transit lines.The land use plan Is closely related to the Complete Streets Plan,
l 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.
Sufi cte€tcy 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.
Tradi:tlQnal vehicle access Is maintained via South.51"Street, Pedestrian/bike access was recently enhanced
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by including a shared use path on the north side of the property. CyRide services the site via the Blue 3
route and time City of Ames Schools:provides after-school transportation to the site via bus during the
school year
LU2:Compatibility with Flexibility.Ames land use pattern should minimize conflicts bet.ween: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
j uses.into a cohesive:city environment.Homogeneous bu.11ding.form and uses are not necessarily the goal of the
j Plan.Guideiines.shoutd provide developers with reasonable flexibility and room for innovation.
This proposed.rezoning does not conflict with arty existing zoning within the area and brings the site into
compliance with current zoning standards'for usage and building setbacks.
LU4: Vital, Convenient Mixed Uses. Ames will encourage a compatible ON of uses to create more active;.
Interesting, and efficient city environments, .while providing residents convenient access to neighborhood
commercial servicesiand.other vital community facilities.
This communityfadlity is in a location that is compatible with the adjacent zoning by meeting.the allowed
use requirement for Highway tlriented Commercial and provides a service that is nottypicaiofcommercial
i use such as retail or restraurant,but those used compliment the community service use by providing close
and convenient access to those ather.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 anAg zoning and being adjacent the high critical natural resource area
adjacent to the loway Creek corridor this project will not affect or disturb any natural resources in the area
or within the site„ In`addition, the new building expansion will be constructed to flood protect to the
required flood protection elevation as provided by the City of Ames Flood Plain Administrator and the
existing structure will now provide flood protection to this elevation as well.
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j Attachment E-Open Space Land Use Designation Goals
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I PLAN ! L E M N0:S GROWTH a. LAND USE
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1 IAND USE: CATEGORIES
Open Space J Natural Areas
a Large areasof public.land intended toremain APPLICABLE EXISTING ZONING CATEGORIES
undevelop.ed and natural incharocter lacluding public n Government
grc�enways.
a Agriculture
a Privately orpublicl ownedenvironmentally
senAtiveareas that should not be developed. a Potentlal.eonscrvation orfringge overloys In araas,wh®re
residential uses might be existing or permitted.
Agricultural uses are common.
u May include public recreationfadlities.
Specific-policy directions are Included In the Urban
Fringe Area Poilcles.
GOALS DEVELOPMENT GUIDELINES PUBLIC ACTIONS
a Set aside land Intended turemaihprtmarily » m a Agricultural nrn:ther similar low intensity develappont Usegreenwaysascorridorsforpedestrlamandbicycle
undeve loped and natural incharatteraspermanent zoning districts wou{daplitINcing zoning and slto transportation andre.creation,
open space.. plan review,evaluatepropesafs'for-separationdistarices » Ac uirestrategice ens space areas oss.lVoj,,to
adognatetominimizenoise,glare.ondhazardsthat q. P P P
a Limit public open space topass!ve activities and would impair the quality of open space. maintaincordorsorprotectImportant
conservation efforts. environmental assets..
a Preserve natural areas as asslyeo'ens ace{n n ftetainnatural areas,opem space,and habitat In the city..
P P P Sao also Parks,Trails,d�Greenways Element and V Usa Groenways and Open Space as conservation
accordancewitlrplanned$reenwaysorinsuppgrtpr Environment Elemant.Permit development only when development tech niquesin new growth areas.
l or ger natural.preservation a reas. serving environmental,park,or agricultural purposes.
a Use'Urban Fringe Area policies to review development
a Allow minor.encroachmentaI residential zoni'uggfor requests.
exigtinguses and limit'allowances'fornew rosldential
with'a precise s turfy of environmental constraints and
p t; plans to locate structures outside of sensitive areas ko
retain the natural,aesthetic,and environmentalvalue
of the area and property:Multiple developable sites'
' would require o land use map designation amendment.
a .Areas withintherAmes Urban Fringe are predominantly
natural and agrledlturaIuses and are.subectto:the
pblides of the Ames Urban Fringe.Plan and associated
28E agreements unless addressed more specifically by
other provisions.
= Natural-areas are Informational designations
applicable to the Urban Fringe Area,Bee also
EnvlrunmentElement.
Attachment F- Community Commercial Retail (Com-CR) Goals
If FLAIA f.:,F.Wli.i+r'S P��..- EF: WT-I 8 LAW❑. U E
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Community Commercial/ Retail (Cam CR)
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» Major commercial destinations,with citywide and a yen » Includes major cdmmercialcorridors,ordinarily along APPLICABLE EXISTING ZONING CATEGORIES
region atmarketreach.Changes in retailing,tncludingthe hightrafficarterlais-thoroughfaresandboulevard!, n CCNCommunity'Commercial.Node
growingimportanceofcm-11nosales;wilLa factrbix.of
retail uses'attdeh'araitiirof those arvas. » Include s commercial office orb as. • HOC HighwayOxientedCommercial
» Inctudes"arietyof settings from North 6rand » To date.typically found insingie•usecommercial . NC Neighborhood Comm ercial
Moll.and lar a formatfrea.standin €ommarci_al. environments.
$- g » f RC Planned Regional Coinmerciel
». Usual! auto-ori anted with iar a parking lots,often » Tppicailyseparatedfromstreetbyparking,
sized to peak parking needs.g p g » Arterial or interstate visibility and access.
0-GGatewayWYerlaybistrlcts
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GOALS DEVELOPMENT GUIDELINES PUBLIC ACTIONS
» Maintain viability as major elements of the Ames' • Re-evaluate parking needs in light of changing » Develop plans for.upgrading major commercial
economy. consumerpattems and potential access,via corridors to address functional;aesthatic,and
». improve quality and user experience alternative transportation modes. .land use issues-access.management'streetscape,.
j p 9 y p multi•inodaltrdrsportation,local.clrsulation,and
! competitiveness. • Redesip large parking areatfor.be.tter land use opportunities.
i usarorrentatum and pedestrian/blcyd2 access,
e Increase efficlency.of land use and iinpr.ovn reduce inCoenceofparking. » Explore public/private partnershipsto:enhance
environmental performance. existing majorcommarcial assets.
g Introduce new and more varied land uses,where' I? Imgravestreat orientation and connectlonaf
i bull ding an trances tothepublicdomain, o Developsetondarycirculation ways toreduce
appropriate. local traffic on main corridors.Work with major
» Move aWay from solelyauto-orleoteddesign. • h0plementaccessmanagementalong establishments to interconnectparkingiots:
corridors,reduce the number of curb cuts,and.
approaches, encourageinteol"mrconnnstiAtyofparki'ngareasand a Encourage creatlonpfaSSMIDto help•finance
dharedacceste
P district wide lmprovemenis.
• Provide secondary circulation wheropossibleto » Review cammortlaldeslgnneods and,zoning
separate Inca I and through traffic streams. rpgulatg0nsin light oferyangingconsumetpattecny.
Improve.tftephyslcalappearanceandsafetyand s With.chongingroall'markets,provide flexibility
T = functionality of transportation alternatives,
permit eaatutionofsingle-uselar e
including bicycles and other micro-rnobllity modes top eg
andtranstt, commercialprojectsinto.newrefail£nrmatsantl
— mixed-usedevelopments.
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