HomeMy WebLinkAboutA012 - Council Action Form dated March 27, 2007 (adaptive reuse) ITEM # 3q b
DATE 03/27/07
COUNCIL ACTION FORM
SUBJECT: ADAPTIVE REUSE AND MAJOR SITE DEVELOPMENT PLAN FOR THE
STREETS OF NORTH GRAND, LOCATED AT 2801 GRAND AVENUE
BACKGROUND:
The North Grand Mall site consists of two properties totaling approximately 34 acres in size.
Both properties are addressed at 2801 Grand Avenue. The properties involved in this
application include the mall site and a triangular piece of property located directly northwest
of the 28th Street and Ferndale Avenue intersection. The remaining property is located
directly southwest of the 30th Street and Grand Avenue intersection and includes the
existing mall and the associated improvements(see the attached location map). The site is
zoned Planned Regional Commercial (PRC),which is consistent with the existing use of the
site. The existing mall is approximately 418,850 square feet in size
The applicant is proposing to redevelop the existing North Grand Mall site. The proposed
renovated mall would consist of 480,815 square feet- over 60,000 square feet more than
the existing structure. The renovation would include demolition of the Sears store and the
associated building connected to the south side of Sears. Okoboji Bar and Grill, Wells
Fargo, and Ames Back and Neck Care Center are also proposed to be removed. Four
independent structures, including Proposed Retail Buildings A, B, C, and D, would be
constructed where Sears and the associated structure to the south are located. Finally,
Proposed Retail Building E would be constructed in the general location of the existing
Okoboji Bar and Grill structure.
There are property lines which conflict with proposed locations for the retail buildings. The
applicant has submitted an associated Major Subdivision application to remedy this
situation, which he has requested be processed concurrently with this application.
The proposal also includes a reconfiguration of the parking lot, which will entail removing
the interior driveway that runs diagonally across the site in front of Sears, and which
connects to the easterly most driveway entrance on 24th Street. Additionally, the driveway
traversing that portion of the mall to be demolished would be relocated to the west to make
room for an expanded footprint for the mall. These changes will in turn result in changes to
the interior landscaped islands within the parking lot. Some islands will be removed, and
new islands will be installed at the ends of some of the parking aisles.
Not all of the proposed changes to the site conform with specific requirements of the code.
The applicant, therefore, is requesting consideration of these changes under the Code's
adaptive reuse performance standards. At its meeting on January 23, 2007, the City
Council provided the following interpretation of the applicability of the Adaptive Reuse
process and the associated performance standards:
• To allow staff to review each Adaptive Reuse application on a case-by-case basis
1
for presentation to the Council for determination if the proposals pertaining to
economic value warrant the process.
• To determine that the ability to utilize rights-of-way and adjacent properties to satisfy
the landscaping requirements would only be applicable to the minimum landscaped
area requirement of the underlying zone, provided that the applicant has made
every effort to meet each requirement on site.
• To determine that site-specific landscaping requirements are waivable, subject to
the following conditions:
o That they do all they can do to meet each of the site-specific code
requirements.
o That they utilize any alternative provisions allowed by the code.
o That they provide documentation that the project would no longer be viable
under a strict application of the site-specific landscaping standards.
Determination of Adaptive Reuse. Pertaining to consistency of this application with the
adaptive reuse provisions, the staff finds as follows:
1. The proposal entails the redevelopment of a commercial use. The use is therefore
consistent with the types of uses that can be considered under the adaptive reuse
provisions (pursuant to AMC Section 29.306(2)(a)).
2. The applicant has provided documentation (attached) describing the economic
benefit that the redevelopment of North Grand Mall will have on the City of Ames.
The documentation provided by the applicant identifies a community partner and
describes the following benefits: Real estate tax increase of approximately
$1,024,000; estimated increase in sales tax revenue of $1,100,000; and, an
additional 350 jobs. The applicant has also provided a listing of community events
that have occurred at North Grand Mall. The proposal therefore qualifies for
consideration under the adaptive reuse provisions based upon its economic value to
the City (pursuant to AMC Section 29.306(2)(b)).
3. The North Grand Mall site is large (33.57 acres) and is a prominent part of the built
environment in this section of the community. The underutilization of this large site
would significantly and adversely alter the character and economic vitality of this
area of the City. Although the proposed redevelopment of the site does not comply
with all code provisions, the expected impacts on the surrounding community are
negligible in terms of traffic impacts (based upon the traffic study), and the proposal
would bring the development closer to code compliance than the current site layout.
Accordingly, the long-term benefits of allowing redevelopment of the site under the
adaptive reuse provisions outweigh the impacts of having the structures go vacant
or become underutilized (pursuant to AMC Section 29.306(2)(c)).
4. The structure does not have any historical or architecturally significant structures
and therefore does not require a recommendation by the Historic Preservation
Commission as otherwise required under AMC Section 29.306(2)(d).
2
Areas of Non-compliance. The proposed redevelopment does not conform to all Code
requirements pertaining to landscaping and floor area ratio. Specifically, it does not
conform to the Ames Municipal Code(AMC)Table 29.805(3),which establishes a minimum
floor area ratio (FAR)' of 0.50; it does not conform to Table 29.805(3), which requires
buffering between commercial development and residentially zoned lots; it does not comply
with AMC Section 29.403(4)(c)(i), which requires landscape islands and medians within
parking lots of specified sizes and spaces; and it does not conform to AMC Section
29.403(4)(f), which requires landscaping both around the perimeter area of the parking lot
and within the parking lot totaling 10% of the parking lot area.
Requested Waivers. The applicant is requesting waivers2 of these FAR and landscaping
code provisions under the Adaptive Reuse provisions of Ames Municipal Code Section
29.306. This section allows the City Council to grant waivers of specified code provisions
for structures having historic, architectural, or economic value to the City, and which justify
renovation and preservation, as determined by the City Council. The adaptive reuse
provisions also allow the Council to approve the relocation — but not waiver— of required
perimeter area landscaping to adjacent areas off site and within the right-of-way abutting
the site.
The applicant is basing his Adaptive Reuse application on the stated economic value of the
mall site to the City rather than historic or architectural value. Letters and other
documentation supporting this application are attached.
Specific waivers requested under the adaptive reuse provisions include the following. A
response from staff is then included for each waiver request.
Floor Area Ratio Waiver:
• Waiver of floor area ratio (FAR) requirements of Table 29.805(3), which require a
minimum FAR of 0.50.
Staff supports the applicant's request for waiver of the FAR requirement. Because
the proposed redevelopment will actually increase the area of building coverage,the
existing non-conformity will be reduced. To bring the site fully into compliance,
however, would require further increasing the building size and conversely reducing
the amount of tenant-demanded parking. Because tenant demands are a critical
component in the marketability of the site, the staff believes that it would be
appropriate to waive the FAR requirement in order to keep the site economically
viable.
The proposed lots are not now, nor are they proposed to be, in conformance with
1 The floor area ratio(FAR) means the amount of floor area in relation to the amount of lot area, and is
determined by dividing the gross floor area of all buildings on a lot by the area of that lot.
2 The complete response from the developer's attorney and representative, Patrick Burke,to the landscaping
waiver requests is dated February 22, 2007 and is attached.
3
Minimum FAR standard within the PRC zone. This will be an issue not only for the
current application for North Grand Mall, but also for the East 13t" Street PRC
development. While it is technically possible to meet both standards with either a
multi-level mall structure or a parking structure, these options may not be feasible in
the Ames area market. Staff could analyze the impact of our FAR requirements on all
PRC-zoned areas in order to help the Council determine whether these requirements
should be altered.
Landscape Waivers:
• Waiver of landscaping provisions of Table 29.805(3) pertaining to landscaping in
setbacks abutting a residentially zoned lot.
Rather than waive this requirement, staff is suggesting alternative landscaping
provisions. Staff is suggesting that an alternative is to buffer the residential
apartment building to the south by installing a masonry wall at the back end of the
landscaped strip next to the apartment site and covering the wall with espaliers or
similar landscaping treatments that would provide landscaped covering over and in
front of the wall. This was seen as a minimum means of both avoiding the impacts
of vehicle headlights from the parking lot shining into apartment windows and
providing some sense of separation between the two uses.
• Waiver of landscaping provisions of Section 29.403(4)(c)(i)pertaining to landscape
islands and medians within parking lots of specified sizes and spacing.
Staff is suggesting a combination of elements to meet this requirement without a
waiver. The first involves the placement of stamped and/or scored colored concrete
at prominent locations within the parking lot, including entrance drives, driveway
intersections, and along the main entrance to the mall. This pavement treatment
was proposed as a means of minimizing the otherwise bleak appearance of the
expansive pavement both as seen from the street and as viewed by pedestrians and
motorists on-site. It was also expected to warn motorists of critical pedestrian
crossings areas and perhaps serve as a traffic calming device.
The second element for meeting this requirement involves the placement of
pedestrian scaled decorative pole lights both along the entire length of the driveway
between 24th Street and 30 Street(spaced on the end of every other parking aisle),
and along both sides of the Grand Avenue Entrance drive (to provide a more stately
boulevard effect to the entrance drive).
The third element involves increasing the density of trees between the parking lot
and street by providing enough trees along the boundary of the entire mall site to
achieve an average spacing of 30 feet. This recommendation is the culmination of
numerous iterations proposed by staff to address the applicant's concerns about
negatively impacting their site lay-out or reducing parking spaces.
• Waiver of landscaping provisions of Section 29.403(4)(0 pertaining to landscaping
both around the perimeter and within the interior portions of parking lots.
4
Staff suggests that this waiver request should also be addressed through the three
landscape elements described immediately above.
In addition to the three elements described above, staff has proposed two additional
landscaping elements to protect and promote the public health, safety and welfare.
The first is extension of a pedestrian walkway from the public sidewalk on 24th Street
to the southeast corner of the lifestyle center area. This is important to provide safe
pedestrian crossings and to minimize conflicts between pedestrians and vehicles.
The second alternative is to provide a mechanical irrigation system for all
landscaped areas on the site, including on the right of ways. This is important to
insure the long-term viability of the landscaped areas, which are critical to the
alternative landscaping plan.
The staff believes that it is possible to meet code requirements pertaining to
landscaping under the alternative landscape provisions without the granting of
waivers. The only consideration for landscaping that will be necessary under the
adaptive reuse provision is the allowance to locate required landscaping within the
abutting right-of-way. The staff therefore is recommending that the landscaping
provisions not be waived; but rather, that the landscaping plan be revised to reflect
the changes discussed above, which include the landscaping of the right-of-way.
This would be allowed under the alternative landscaping provisions and would be
consistent with the City Council's January 23,2007 directive to utilize any alternative
provisions allowed by the code.
Landscaping Relocation Request. In addition to the above-described waivers, the
applicant is also requesting approval under the adaptive reuse provisions to relocate the
on-site landscaping required under Table 29.805(3) (which amounts to 15% of the site
area) to the public right-of-way abutting the site. The applicant stated that the required
landscaping could not be met on-site without sacrificing tenant-demanded parking spaces.
The staff understands that tenant parking demands typically exceed minimum parking
requirements of the Code to retain the economic viability of the site. To retain the
economic viability of the site, the staff assumes that this relocation request is warranted.
Recommendation of the Planning & Zoning Commission. On March 21, 2007, the
Planning and Zoning Commission heard both the staffs presentation of the Commission
Action Form and a presentation by the applicant's representative, Patrick Burke, regarding
the Adaptive Reuse / Major Site Development Plan application and the associated
Preliminary Plat application. The applicant had submitted a revised plan-set, attached, on
the morning of March 21 st, addressing many of the outstanding questions that staff had.
However, it should be noted that although the applicant did identify additional areas of
stamped and colored concrete, the remaining items suggested were not incorporated. The
applicant's representative identified through the presentation to the Planning and Zoning
Commission that the standards staff is requesting through the alternative landscape
provision are not items the property owner wishes to pursue further.
The Planning and Zoning Commission heard testimony in favor of the proposal from
several neighborhood and community representatives. There was no testimony heard in
5
opposition, however there were several suggestions that were given from community
members regarding the design of the site.
The Planning and Zoning Commission had a lengthy discussion regarding the landscaping
standards that staff suggested to the Planning and Zoning Commission as a means of
achieving, through the alternative landscape provisions, a landscape design that would
achieve similar visual qualities to those achieved under a strict application of the Code.
Staff suggested these measures as a means of complying with the Council's directive to
exhaust other remedies allowed by Code, including alternative landscape provisions, before
requesting waivers. Several Commissioners wanted to retain flexibility so that staff and the
developer could continue discussions about the landscaping, however they also stated the
need to move the project forward without continuing the discussion to another meeting.
A motion was made to approve staff's recommendation; however the Commission
determined that this would provide the least amount of flexibility to the developer, therefore
the motion died for a lack of a second.
During further deliberations, the Commissioners determined that the following landscape
standards would result in an alternative landscape plan that would be equivalent to that
achieved by strictly complying with the Code:
a. The placement of stamped and/or scored colored concrete at prominent locations
within the parking lot, including entrance drives, intersections and along the main
entrance to the mail.
b. Buffering of the residential apartment building to the south by installing a masonry
wall at the back end of the landscaped strip next to the apartment site and covering
the wall with espaliers or similar landscaping treatments that will provide landscaped
covering on and in front of the wall.
C. Provide enough trees along the boundary of the entire mall site to achieve an
average spacing of 30 feet.
d. Comply with all other landscape requirements of the Ames Municipal Code.
The Commissioners expressed their excitement over the proposed renovation of North
Grand Mall and their support of the project overall.
Staff received revised landscaping plans from the applicant at noon on Friday, March
23, 2007. These plans are included at the end of the attachments. As of the
finalization of this Council Action Form, staff has not had the opportunity to review
the revised landscape plans; nor does staffs recommendation reflect receipt of this
plan. Staff anticipates the opportunity to review these plans prior to the March 27tn
City Council meeting.
6
ALTERNATIVES:
1. As recommended by staff, the City Council can approve the Adaptive Reuse
application and Major Site Development Plan for the Streets of North Grand Mall,
allow a waiver of the FAR requirements for the site, and allow the landscaping
requirements to be partially met within the right-of-way, subject to the findings and
conclusion stated above and subject to the following conditions:
a. Prior to final approval of the site and landscaping plans by the City Council,
the applicant shall submit revised plans that include the following features
and/or changes:
i. The placement of stamped and/or scored colored concrete at
prominent locations within the parking lot, including entrance drives,
intersections and along the main entrance to the mall.
ii. The placement of pedestrian scaled decorative pole lights both along
the entire length of the driveway between 24th Street and 30th Street
(spaced on the end of every other parking aisle), and along both sides
of the Grand Avenue Entrance drive.
Extension of the pedestrian walkway from the mall to 24th Street.
IV. Buffering of the residential apartment building to the south by installing
a masonry wall at the back end of the landscaped strip next to the
apartment site and covering the wall with espaliers or similar
landscaping treatments that will provide landscaped covering on and
in front of the wall.
V. Provide enough trees along the boundary of the entire mall site to
achieve an average spacing of 30 feet.
vi. A mechanical irrigation plan that identifies full irrigation for all
landscaped areas.
vii. Comply with all other landscape requirements of the Ames Municipal
Code.
b. Prior to any permit issuance, construction plans for public improvements shall
be submitted to the Public Works Department for review and, if compliant
with all standards, approval.
C. Prior to clearing, grading, or issuance of building permits, a COSESCO
permit shall be issued.
d. Building permits for the proposed redevelopment shall not be issued until the
associated Preliminary Plat for this site has received final plat approval and
the plat has been recorded.
7
2. As recommended by the Planning and Zoning Commission, the City Council
can approve the Adaptive Reuse application and Major Site Development Plan for
the Streets of North Grand Mall, allow a waiver of the FAR requirements for the site,
and allow the landscaping requirements to be partially met within the right-of-way,
subject to the findings, conclusion and conditions stated above and subject to the
following conditions:
a. Prior to City Council approval, the applicant shall submit a revised
landscaping plan that will include the following features and/or changes:
i. The placement of stamped and/or scored colored concrete at
prominent locations within the parking lot, including entrance drives,
intersections and along the main entrance to the mall.
ii. Buffering of the residential apartment building to the south by installing
a masonry wall at the back end of the landscaped strip next to the
apartment site and covering the wall with espaliers or similar
landscaping treatments that will provide landscaped covering on and
in front of the wall.
iii. Provide enough trees along the boundary of the entire mall site to
achieve an average spacing of 30 feet.
iv. Comply with all other landscape requirements of the Ames Municipal
Code.
b. Prior to any permit issuance, construction plans for public improvements shall
be submitted to the Public Works Department for review and, if compliant
with all standards, approval.
C. Prior to clearing, grading, or issuance of building permits, a COSESCO
permit shall be issued.
d. Building permits for the proposed redevelopment shall not be issued until the
associated Preliminary Plat for this site has received final plat approval and
the plat has been recorded.
3. If the City Council finds that the proposed Streets of North Grand Mall does not
conform to all adopted standards and applicable law pertaining to adaptive reuse
and major site development plan provisions, the City Council can deny this
application.
4. If the City Council finds that the Streets of North Grand Mall, as proposed by the
developer, conforms to all adopted standards and applicable law pertaining
Adaptive Reuse and Major Site Development Plans, or will conform subject to
modifications, the City Council can approve the application for the Streets of North
Grand located at 2801 Grand Avenue, as submitted or with modifications.
5. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information.
8
MANAGER'S RECOMMENDED ACTION:
Processing this proposal has required a careful balance between conformance to existing
codes and meeting the minimum requirements of the mall's owner and tenants. City staff
has put forth a concerted effort to find ways of meeting the applicant's needs within the
bounds of the Council's adopted codes. Early in the process, staff suggested that the
adaptive reuse provisions of the code might be a means of providing needed flexibility to
make this proposal work. Staff further sought clarification from the City Council on the
appropriate application of the adaptive reuse standards to ensure that they could be
correctly applied to this development. Finally, staff utilized the code's alternative landscape
provisions as an additional source of code flexibility for this site. In fact, the City Council
stated that applicants should exhaust their remedies under the alternative landscape
provisions before requesting waivers under the adaptive reuse provisions. The staff has
therefore suggested alternative ways of landscaping the site in a manner that would not
require reductions in building sizes or elimination of parking spaces.
The applicant's attorney argued before the Planning & Zoning Commission that the
alternative landscape provisions were being applied in a subjective manner by the staff.
Yet such provisions are by their very nature subjective and allow consideration of ideas that
are not specifically defined by code. Their purpose is to allow for creative ways of meeting
the code's intent without strictly complying with the code. These provisions are optional,
and to the degree that an applicant desires certainty in how to receive project approval,the
specified standards of the code are always available as an alternative.
The City Manager believes that the proposed renovation of North Grand Mall with the
stipulations recommended by staff will provide positive benefits to the City both in terms of
retaining and enhancing the City's tax base and in improving the physical characteristics of
the mall and surrounding neighborhoods. For these reasons, it is the recommendation
of the City Manager that the Council find and declare that the proposed project has
economic value to the City that justifies its consideration under the adaptive reuse
provisions, waive the Floor Area Ratio requirements of the City Code, and approve
the proposed Major Site Development Plan under the provisions of Alternative #1,
subject to approval by the City Council of final site and landscaping plans that
incorporate the provisions imposed by the Council.
SACouncil Boards Commissions\CC\Adaptive Reuse\2801_Grand_Avenue_03-27-07.doc
9
yP fir# i 4 d Fa {. .
s �
..S"` J2 w _ ,• �NI fariN'{ .4 -.- ���-�vSA7.."..... 'IY'. �._� "�
n Lwk rg
i� d :i 1 ,o1�P' '� .Y 6/ Fry" i➢� � 6� we
t
- y� k-s+t'f': • y+, h ' ^ a
�•�y a'J 3 iq
77— #r �."g�"i
Af
AN
8..•. .P +a apt •4��� `R �'rs� .�tath F —�fd� t 3 ,�
y
4 Y l.er14". fl � E • .. -'fit .�
7l��� '��� �� �o�� i7�. �a� 1. '�- � F• � ��.41adf .kY. F � Yf� .,. 4 � 3� ,� a.i ^5
�C 4 .-� ems♦ plc. 4 .rk gam,psi Y ^41' T_ —=IL 1
=�''.r •x� —g�lh9y 1.. > 1 .:��' R.<w�' �' '�'�" �I � e ��jj. ?'_ �t .,, "'9
# N�...
LL
lu
i
a