HomeMy WebLinkAboutA001 - Commission Action Form dated January 17, 2024 i
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ITEM #: 7
DATE: 01-17-24
COMMISSION ACTION FORM
SUBJECT: REZONE PARCEL AT 102 & 116 HYLAND AVENUE FROM "RH"
(RESIDENTIAL HIGH DENSITY) AND O-UIW (UNIVERSITY WEST
IMPACT OVERLAY) TO "NC" (NEIGHBORHOOD COMMERCIAL) AND
O-UIW (UNIVERSITY WEST IMPACT OVERLAY) WITH A MASTER
PLAN.
BACKGROUND:
M & C Properties is requesting that the City of Ames rezone property located at 102 &
116 Hyland Avenue from the current zoning designation of "RH" (Residential High
Density) with the O-UIW (University West Impact Overlay) to "NC" (Neighborhood
Commercial) with the O-UIW (University West Impact Overlay) with a Master Plan. This
is the site of the business better known as Campus Garage. The proposed rezoning is
intended to facilitate site improvements for a future expansion of the parking lot for the
business to the vacant area north of the existing building.
The request follows direction by City Council from this past fall after the owner requested
that City Council give direction on which zoning designation is best to pursue under the
current Urban Corridor Land Use designation as he desires to improve the site. The Urban
Corridor designation is a new designation within Ames Plan 2040 and does not yet have
a specific implementing zoning district. Staff reviewed the purpose of the designation and
relationship to RH, HOC, NC zoning districts as interim conditions before new zoning
could be written. The City Council directed the applicant to apply for the "NC"
Neighborhood Commercial rezone with a Master Plan. The accompanying Master Plan
controls the intensity of use of the site and the site improvements to a greater degree than
general zoning.
The subject site includes two parcels totaling approximately 0,39 acres. The north and
east property line abut other high density residential zoned properties that include
residential apartments. The southern property line is frontage along Lincoln Way and
western property line is frontage along North Hyland Avenue. (see Attachment A --
Location &Zoning Map).
The existing building has stood at this location for nearly 55 years and operated as a
Vehicle Repair Facility and including a gas station in the past. The RH zone designation
has been applied to this property for the past 24 years since the 2000 citywide rezoning.
The RH zoning made the use nonconforming along with the site improvements.
The existing use is classified as a Vehicle Service Facility. This use is currently a legal
nonconforming use in the RH zone. The Vehicle Service Facility use is also a
nonconforming use within the NC zoning district. Although the use will remain a
nonconforming use, the owner believes that the NC designation will give them
more flexibility with a planned parking lot expansion to the north.
Ames Plan 2040 designates the subject property, as "Urban Corridor (UC)" (see
Attachment C- Ames Plan 2040 Land Use Designation Summary Sheet). The UC land
use designation anticipates intensification of use along areas of Lincoln Way for
residential intensification and commercial development, or as mixed-use development.
Importantly the orientation of development is to emphasize the relationship of buildings
and uses to the multi-modal transportation character of Lincoln Way. Redevelopment of
existing properties is anticipated to fulfill the goals of the UC designation.
Within Plan 2040, Urban Corridor lands do not currently have any complete implementing
base zones. In some ways RH is consistent with the designation in that it allows
residential and mixed-use development, but it does not include design requirements
supportive of the Corridor. Other commercial zones allow to broad of uses allowances
and also lack the intended design requirements. Neighborhood Commercial (NC) is
treated as a zone that can be implemented within most land use designations where a
mix of commercial and residential uses is desired and NC is designed to be incorporated
into or adjacent to residential zones. Further, NC also allows for mixed use development,
pedestrian oriented design features, and limited commercial and service uses that are
compatible with what is anticipated within the Urban Corridor designation over time. (See
Attachment F)
A Master Plan has been provided with the rezoning request to govern future site
development of the parking lot as a non-conforming use. Any future Site Development
Plan must conform to the Master Plan. Importantly, the property owner is obligated to
make frontage improvements in conjunction with any parking expansion to the north. Two
driveways will be closed and landscape buffering will be installed to improve the
conditions along the street.(See Attachment D)
ALTERNATIVES:
1, The Planning and Zoning Commission can recommend that the City Council
approve the request to rezone .39 acres at 102 & 116 Hyland Avenue from "RH"
(Residential High Density) with the O-UIW (University West Impact Overlay) to
"NC" (Neighborhood Commercial) District with the O-UIW(University West Impact
Overlay) and with a Master Plan.
2. The Planning and Zoning Commission can recommend that the City Council deny
the request to rezone .39 at 102 & 116 Hyland Avenue finding the rezoning
inconsistent with Ames Plan 2040
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.
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RECOMMENDED ACTION:
The rezoning consideration factors in both long term and near term goals for the site. The
principle use on the site is not anticipated to change with the rezoning, but site
l improvements are anticipated in support of the existing business and to improve street
frontage conditions.
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The rezoning of this site will maintain the legal non-conformity from a RH designation to
an NC designation. Any future site development will require a Site Plan with conformance
to the Master Plan proposed and must be reviewed by the Zoning Board of Adjustment
as part of a Special Use Permit as an expansion of a non-conforming use. Rezoning will
have no impacts on current infrastructure and City services for this parcel.
Staff believes the rezoning to NC rather than maintaining RH, allows the current business
owner to reasonably continue to operate his business, improve the street frontage
conditions immediately with the Master Plan and still maintain consistency with long terms
objectives of the Urban Corridor designation.
Therefore, the Planning and Housing Department supports Alternative #1.
ADDENDUM
REZONING BACKGROUND:
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 Vehicle Service Facility
North Residential Apartments
East Residential Apartments
South Campustown-High Density Mixed Use
West Residential Apartments
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. Attachment C
includes the applicable description of the Urban Corridor Designation and its intended
objectives for land use.
Additionally, Lincoln Way and Hyland are classified as "Avenue" and a Mixed-Use Avenue
for the street typology relating to the site defined within the Mobility Element Road
Network. Avenues have moderate to high traffic with an intent of design features oriented
to the street rather than large set back sites.
Urban Corridor Land Use Designation. This property is a non-conforming use in the
RH zone standards. The proposed rezoning to NC maintains the use as a non-conforming
use within the new NC standards. Thus, the use is changing zone designation but remains
non-conforming. However, the transition to NC does align more closely with the intent of
the Urban Corridor land use designation in that the NC zone allows for mixed use
development which the Urban Corridor designation anticipates will occur in the future.
While the NC zone designation can be applied to Urban Corridor, it is not listed directly
as an implementing zone, staff believes the rezoning request does not conflict with Ames
Plan 2040 and the Future Land Use Map in that NC designation reflects the use of the
property and can accommodate the intended mix of uses in the future that the Urban
Corridor designation anticipates at this site. Attached is a narrative from the applicant
requesting Rezoning that they believe address land use issues in the Ames Plan 2040
Comprehensive Plan. (See Attachment E)
Master Plan. A Master Plan is required in this case based on Section 29.1507(3)(b)(iv)
when "The City Council determines that due to specific conditions that exist on or around
the area proposed to be rezoned, or due to situations that require more careful
consideration of how the layout and design of a site affects general health, safety, and
welfare, a Master Plan is necessary for consideration of the proposed zoning map
amendment." In this case the site has a legal non-conforming use and is being rezoned
to another legal non-conforming use in anticipation of future parking lot expansion to the
north. The Master Plan shows parking shifting to the north of the building and landscaping
being installed along Lincoln Way and Hyland Avenue. The parking lot expansion will
require a Minor Site Development Plan accompanying a Special Use Permit which will be
subject to consideration by the Zoning Board of Adjustment as a result of an expansion
of a non-conforming use.
Existing/Proposed Zoning. The property is currently zoned "RH" (Residential High
Density) (see Attachments A & B-Existing/Proposed Zoning Map). Properties to the west,
north and east are zoned "RH" (Residential High Density). Properties to the south across
Lincoln Way are zoned "CSC" (Campustown Service Center). Property to the southwest
is zoned RM (Residential Medium Density).
The proposed zoning is "NC" Neighborhood Commercial zone (See Attachment 8-
Proposed Zoning Map). The "NC" district allows for a mix of commercial and residential
uses subject to the Zone Development standards of the NC district. The site is also
located within the "O-UIW" West University Impacted Overlay District, Any future
redevelopment of this site will need to conform to the O-UIW standards in addition to the
NC standards. While the O-UIW standards are intended to be applied to commercial
properties the NC standards will provide a greater level of architectural scrutiny to any
new buildings while the O-UIW standards will require a general front door orientation to
abutting public streets and govern placement of rock size to a maximum 3/ of an inch on
site.
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 E.
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 M & C Properties. The rezoning request and
statement of justification is included as Attachment E.
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 designation of "Urban Corridor" as
identified on the Future Land Use Map included as Attachment D in that the use is a
commercial/industrial use similar to the intended types of activities of the designation.
4. The proposed rezoning to "NC" (Neighborhood Commercial) zoning is appropriate
since the pre-existing use is legal non-conforming and the allowances in the proposed
zoning designation align with the long-term goals underlaying land use.
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.
Attachment A- Current Zoning
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Attachment C- Future Land Use Designation
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Attachment E- Applicant Request
Request for Rezoning
Campus Garage is requesting the existing lots at 102 Hyland Avenue and 116 Hylland Avenue to be rezoned from
the existing zone of Residential High Density (RH) to Neighborhood Commercial (NC). The existing use at 102
Hyland will not change and the empty lot at 116 Hyland will become a parking lot for use by the property at 102
Hyland. The two parcel will be combined via a plat of survey under single ownership.
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The site currently sits adjacent to Residential High Density(RH)on the north,east and west sides with Campustown
Service Center(CSC) on the south, The property owner met with City Staff in July 2023 to discuss options for
rezoning to allow for lot consolidation and improvements related to their existing auto repair business. During
those discussions the owner indicated that he would like to seek a way to improve the site and comply with zoning
site standards of the Ames Municipal Code, The owners Indicated to City Staff that they want to continue their
businesses for the foreseeable future and potentially Invest in site Improvements for the long-term use of the site.
They do not anticipate selling the site for redevelopment in the near future.
Consistency with dimes Plan 2040.
Currently,the underlying.land use designation at 102&.116 Hyland Avenue in the Ames 2040 Comprehensive Plan
is.Urban Corridor Urban Corridor(UQ is a new land use designation created at the time of adoption of Plan 2040.
(Sae Attachment A -Map) For the most part, the UC designation is focused on intensifying use in relation to a
multimodal corridor, supporting housing and mixed use.Other interests are also described for enhancements to
the area..(See Attachment 13-flan Excerpt.)This site was also discussed within the Lincoln Way Corridor iPlan as an
opportunity site for aesthetic improvements to the corridor and for mixed use development,which Is partially the
basis for the UC designation within Plan 2040.
The.UC.Designation is a new concept of Plan 2040 and does not have a readily Identifiable Implementing zoning
dstrkA as part of the current 'Zoning Ordinance.The Implementation Chapter includes an action to create new
zoning standards related to commercial zoning districts, including the UC, but commercial zoning changes have
not yet been prioritized for implementation.The only current zoning district related to UC is the Overlay-Lincoln
Mixed Use (0-LMU), which addresses allowances for adding housing to sites with commercial uses and some
design attributes oriented.towards Lincoln Way, The Overlay does not change the underlying base zoning use
standards and does not resolve the property owners'interests.
The current use does not fit the expected vision for the area due to its older site layout and type of use as a vehicle
seruire facility.The commercial site has been zoned residential since 2000 and the vehicle repair facility has been
noneonforrrting-since that time.The vacant lot has,been residentially zoned for decades and previously included a
rental.dwelling house that was demolished in 7008.A vehicle service repair facility Is mostly commonly found In
the.-Highway Oriented Commercial(HOC)and the General Industrial zoning districts. Rezoning a site to HOC would
fft.allthe owners'Interests to expand theircommercial use.Although the use provides services to the general area
and broader community, it is considered a low-intensity use compared to opportunities for infili development
along Lincol n Way.These are reasons for the current UC land use designation and the older RH zoning for the site.
T.is is also why applying HOC zoning to this site has questionable consistency with Ames Plan 2040,
With the lack of clarlty regarding zoning options for the.site If It is not maintained as RH,City Staff has prepared a
range of options for City CounclI to consIde r in response to the owners'request and presented these to Clty Council
at the September 12,2023 Council Meeting.These options addressed Issues related to zoning for'the print:ipaI use
as well as site Improvements that would Improve the aesthetic of the site. Ultimately City Council provided
direction to Staff for Option 4 shown below.
Option 4-Determine a rezoning to Neighborhood commercial for Expansion of a Non-Conforming Use
and Site Improvements implements Plant 2040 Policies
Relying on the current Zoning Ordinance options without a Plan 2040 amendment, there is a hybrid
approach of combining commercial zoning site standards and non-conforming uses within the
Neighborhood Commercial base zoning.Staff believes the Neii liborhood Commercial(NC)zoning district
would fit the intent of the UC designation as an implementing zoning district with its allowed mix of
housing and commercial use allowances and design standards. I,lowever, auto repair N not a permitted
use in the zoning district, but It would adjust the nonconforming expansion allowances compared to RH
zoning.
Rezoning the site to NC would be very similar to Option 3 for expansion of a nonconforming use, but it
would allow for more paving on 116 North Hyland Avenue than under RH zoning since there is not a front
yard parking prohibition.The main vehicle service facility use would remain nonronfortning,but additional
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site Improvements could occur via Special Use Permit. Other hyuLuns of the site wmuld Still be
nonconforming as they are in RH,such as parking in front of the building along Uncoln Way.
This would maintain the Vehicle 3em4oem Facility use as nonconforming use but shift the property tVe
mnmmon;|m| zoning designation that does not require land use amendment as NC is a compatible use
wIth mx|gdngcommerdo| and residential land uses across the C|ty� NC zoning also allows for mixed use
development which remains in line with the vision of the Urban Corridor for future redevelopment
options. The parking along Lincoln Way and Hyland would still be nonconforming between the front
facades of the building and the street, but a future parking lot expansion to the north would not be
between fnzntYapade and the building otherwise and would allow for more improvements than would
be allowed under RH as a nonconforming use expansion. Incremental Lincoln Way improvements would
still bmdesirable.
The property owner could directly apply for NCrezoning, no action by City Council would be needed to
amend Ames Plan 2040. A Master Plan could sdU be required with the NC rezoning and improving the
frontage along Lincoln Way could be required in conjunction with adding parking and storage to the 116
N Hyland site,
With this option,City Council would make a motion indicating It would consider a rezoning application by
the property owner without requiring a Plan 2D4O map amendment.
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Attachment F- Urban Corridor Goals & Guidelines Ames Plan 2040
P L A iV -._C to L;;t`. C.F:-1 A'T H 6 I..9 N rl U`a F.
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Urban Corridor
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» Major stra'toglearterlaIcorridors,initially.onLincoln + Potential for denser redevetopmant With more APPLICABLE EXISTING ZONING CATEGORIES
Way but pbtebtially extending to avenues,mixed- efficient site design.ieuso of unnecessary parking, a 0-LMU Lincoln Way Mixed Usu overlay Dlstrlctas
use avenues,boulevards,and thorough fares. infillingof left-over sites. a pattern for other corridors
Connect regional,.community,and nolghborhood a Dorn inant commercial uses but may include residentiai
mixed-gse nodes. and sometimes maker and service uses.Older lower-
» Auto-d'omlirated public environment and typical density residential can bvin poor condition.
develop)naatpattern,emphasizing visible parking + Different communityroles and business mixes,with
androad access.Typically Include CyRideservice. high publlcvlsibility.
GOALS DEVELOPMENT GUIDELINES PUBLIC ACTIONS
» Increase di varsity ofusesalongmajor corridors and + Manage street access andincreas'eparkingeffIciency a Complete corridor development plansusingthe
rocogbizethoirpotentiolasmixed-use urban districts. byconsolidating access points,interconnecting LincoinWaymodel for Other candidate corridors.Re-
» Encourage positive evolutianof corridors through parkinglots,anddsharingconvnonaccesspoints. evaluate parking requirements and design standards,
appilcatlionofCorrldorUr ban Ism principles:respect + Incerporatemedium-andhigh-densilyresidential » Craatea new mixed-usourbon corridor zoning baseor
forpastclevelopment patterns and existing use onunderused sites,unnecessary parking areas, overlay district,reflecting permitteduses.and.
businesses:increasing the number of people living and gaps along corridors,IncludingLlncolaWay. revised standards.
along appropriate corridors;capitalizingon » Re-purp use aging andoutdatedbulldings. + Improve accommodat1ons.for trans it users onkey
opportunities prose nted by oversized panting lots, routes,with shelters/stations,arrival info rma Lion,
vacancies,:and underusedsitesrimproving + M4yrequire specific development plans that establish bicycle parking,andothoramenities.
transportation function for all modes;and enhancing intensity and denslty ranges for different contexts.
the streetenvlrooment. a Reinvest intha public street env Iran mont.
+ Increaseconnec#Ivit. andim rove accommodation . Improve pedestrian connections from public domain to Organize corridors increasingly as"districts'with
increase
tiva nectivi tionmadroveaccomes or accommodation
business entrances. common theming,promotion,and maintenance.
for4n Consider development Incentives.fordevelopment
projertsconsistent with specific corridorplans.
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