HomeMy WebLinkAboutA005 - Council Action Form dated February 13, 2024 ITEM#: 33
DATE: 02-13-24
DEPT: P&H
COUNCIL ACTION FORM
SUBJECT:
REZONE OF PARCEL AT 102 & 116 HYLAND AVENUE FROM
(RESIDENTIAL HIGH DENSITY) AND O-UIW (UNIVERSITY WEST IMPACT
OVERLAY) TO (NEIGHBORHOOD COMMERCIAL)AND O-UIW
(UNIVERSITY WEST IMPACT OVERLAY)WITH A MASTER PLAN.
BACKGROUND:
M & C Properties is requesting that the City rezone property located at 102 & 116 Hyland Avenue from
the current zoning designation of Residential High Density (RH) with the O-UIW (University West
Impact Overlay) to Neighborhood Commercial (NC) 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
owner desires to improve the site with its nonconforming use of vehicle service facility. 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 City Council direction from Fall 2023 after the owner requested a response as
to which zoning designation is best to pursue under the current Urban Corridor Land Use
designation. 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
lines abut other high density residential zoned properties that include residential apartments. The
southern property line is frontage along Lincoln Way and the 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. It operated as a Vehicle Repair
Facility and included 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
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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 too broad of use 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. 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)
A rezoning agreement is being finalized with the property owner and will be brought to Council for
consideration no later than the third reading of this rezoning. The rezoning agreement will state the
requirements of the Master Plan and have the appropriate language to guarantee that the non-
conforming use operates according to the proposed NC zoning standards and all other zoning
standards.
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 owner of Campus
Garage and representative engineer addressed the Commission. The Planning & Zoning Commission
voted 6-0 to recommend City Council approve the rezoning request to rezone.
ALTERNATIVES:
1. 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 (Neighborhood Commercial) District
with the O-UIW University West Impact Overlay) and with a Master Plan subject to the condition that
a Rezoning Agreement for the Master Plan is reviewed and approved by City Council no later than the
Third Reading of the rezoning.
2. Deny the request to rezone .39 at 102 & 116 Hyland Avenue by finding the rezoning inconsistent
with Ames Plan 2040.
2. Defer action on this request and refer it back to City staff and/or the applicant for additional
information.
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CITY MANAGER'S RECOMMENDED ACTION:
Review of the rezoning request includes consideration of both short-term and long-term interests of the
City for land use in this area. The principal use on the site is not anticipated to change with the
rezoning, but site improvements are anticipated in support of the existing business and to improve street
frontage conditions at this time without significantly impacting future redevelopment or reuse of the
site. The rezoning to NC allows for future commercial or mixed-use development consistent with the
intent of the Urban Corridor designation.
The rezoning of this site will maintain the legal non-conformity from an 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. A rezoning agreement will be brought to the City Council for
consideration and approval no later than the Third Reading of the rezoning. Therefore, it is the
recommendation of the City Manager that the City Council approve Alternative#1, as described above.
ATTACHMENT(S):
Hyland Rezone Addendum.pdf
Attachment A- Hyland.pdf
Attachment B- Hyland.pdf
Attachment C- Hyland.pdf
Attachment D- Hyland.pdf
Attachment E-Hyland.pdf
Attachment E Hyland Cont..pdf
Attachment E Hyland Cont. 2.pdf
Attachment F Hyland.pdf
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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)
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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 & 8-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 % 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
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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.
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Attachment A- Current Zoning
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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.
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Consistency with Ames Plan 2040.
Currently, the underlying land use designation at 102 & 116 Hyland Avenue in the Ames 2040 Comprehensive Plan
is Urban Corridor. Urban Corridor(UC) is a new land use designation created at the time of adoption of Plan 2040.
(See 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 B- Plan Excerpt.)This site was also discussed within the Lincoln Way Corridor Plan 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
district 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 (O-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
service facility. The commercial site has been zoned residential since 2000 and the vehicle repair facility has been
nonconforming since that time.The vacant lot has been residentially zoned for decades and previously included a
rental dwelling house that was demolished in 2008. 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
fit all the owners'interests to expand their commercial use.Although the use provides services to the general area
and broader community, it is considered a low-intensity use compared to opportunities for infill development
along Lincoln Way. These are reasons for the current UC land use designation and the older RH zoning for the site.
This is also why applying HOC zoning to this site has questionable consistency with Ames Plan 2040.
With the lack of clarity regarding zoning options for the site if it is not maintained as RH, City Staff has prepared a
range of options for City Council to consider in response to the owners'request and presented these to City Council
at the September 12,2023 Council Meeting.These options addressed issues related to zoning for the principal 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 Plan 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 Neighborhood 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. However, auto repair is 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 nonconforming, but additional
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site improvements could occur via Special Use Permit. Other features of the site would still be
nonconforming as they are in RH, such as parking in front of the building along Lincoln Way.
This would maintain the Vehicle Services Facility use as a nonconforming use but shift the property to a
commercial zoning designation that does not require a land use amendment as NC is a compatible use
with existing commercial and residential land uses across the City. 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 a front fa4ade 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 be desirable.
The property owner could directly apply for NC rezoning, no action by City Council would be needed to
amend Ames Plan 2040. A Master Plan could still 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 2040 map amendment.
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Attachment F- Urban Corridor Goals & Guidelines Ames Plan 2040
G R O W T H & L AND US E
LAND
CATEGORIESI
Urban Corridor
• Major strategic a rteria I corridors,initially on Lincoln . Potential for denser redevelopment with more APPLICABLE EXISTING ZONING CATEGORIES
Way but potentially extending to avenues,mixed- efficient site design,reuse of unnecessary parking, , 0-LMU Lincoln Way Mixed Use Overlay District as
use avenues,boulevards,and thoroughfares. infilling of left-over sites. a pattern for other corridors
. Connect regional,community,and neighborhood . Dominant commercial uses but may include residential
mixed-use nodes. and sometimes maker and service uses.Older lower-
. Auto-dominated public environment and typical density residential can be in poor condition.
development pattern,emphasizing visible parking . Different community roles and business mixes,with
and road access.Typically include CyRide service. high public visibility.
GOALS DEVELOPMENT GUIDELINES PUBLIC ACTIONS
. Increase diversity of uses along major corridors and . Manage street access and increase parking efficiency . Complete corridor development plans using the
recognize their potential as mixed-use urban districts. by consolidating access points,interconnecting Lincoln Way model for other candidate corridors.Re-
. Encourage positive evolution of corridors through parking lots,and sharing common access points. evaluate parking requirements and design standards.
application of Corridor Urbanism principles:respect . Incorporate medium-and high-density residential . Create a new mixed-use urban corridor zoning base or
for past development patterns and existing use on underused sites,unnecessary parking areas, overlay district,reflecting permitted uses and
businesses:increasingthe number of people living and gaps along corridors,including Lincoln Way. revised standards.
along opportunities
reusete ed by o erscapitalizingzedparking
. Re-purpose aging and outdated buildings. . Improve accommodations for transit users on key
opportunities presented s oversized parking lots, routes,with shelters/stations,arrival information,
vacancies,and underused sites;improving . May require specific development plans that establish bicycle parking,and other amenities.
transportation function for all modes;and enhancing intensity and density ranges for different contexts.
the street environment. . Reinvest in the public street environment.
• Improve pedestrian connections from public domain to Organize corridors increasingly as"districts"with
for active transportation modes along major streets.Increase connectivity and improve accommodation business entrances. common theming,promotion,and maintenance.
. Consider development incentives for development
projects consistent with specific corridor plans.
I�
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