HomeMy WebLinkAboutA006 - Landscaping Waiver Request dated February 22, 2007 LAW OFFICES
BRADSHAW, FOWLER, PROCTOR & FAIRGRAVE, P.C.
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IRIS J.POST MELINDA G. YOUNG
GORDON R.FISCHER February 22, 2007
RECEIVED
City of Ames MAR 13 2007
Department of Planning and Housing CITY OF AMES, IOWA
515 Clark Avenue DEPT. OF PLANNING & HOUSING
P.O. Box 811
Ames, IA 50010
Re: North Grand Mall: Adaptive Reuse Application
Landscaping Waiver Request
To All Concerned Individuals:
Please consider this letter as a request for the waiver of certain landscaping
requirements associated with the Adaptive Reuse Application for the North Grand Mall as
submitted by GK Development, Inc., North Grand Mall Partners, LLC and Grand Center
Partners, LLC (the "Developer"). This letter is specifically in response to the February 6,
2007 comments of the City's Development Review Committee ("DRC").
Pursuant to Ames Municipal Code Section 29.306(3) regarding Adaptive Reuse, the
"City Council may waive some or all of the applicable Zone Development Standards and
General Development Standards", which include landscaping standards, provided the project
conforms to certain other requirements. It is this Ames Municipal Code Section upon which
the Developer's requests for waiver are based. As requested by the DRC in its February 6,
2007 comments, each request for waiver is broken down by an explanation of: (1) the
applicant's attempt to meet the landscaping requirements of the Ames Municipal Code and to
do all that it can do to meet these requirements; (2) the applicant's utilization of alternative
landscaping provisions, especially those set forth in Section 29.403(4)(g); and (3) the
economic viability factors affecting the request for the waiver of the specific landscaping
requirements.
LandscapinaWaiver Request No. l — Landscaping Buffer otherwise required byReguest No. 1 — Landscaping Buffer otherwise required by
Table 29.805(3): The Master Site Development Plan submitted by the Developer does not
provide for a 20 foot landscaping buffer between the proposed development and the
residentially zoned lot to the Southwest. Pursuant to Table 29.805(3) of the Ames Municipal
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Code, such a twenty-foot buffer would otherwise be required in this situation; however, the
Developer is making a specific request for the waiver of this requirement as part of its
Adaptive Reuse Application. In support of its request,the Developer offers the following:
(1) Developer's Attempts to Meet Landscaping Requirements: The
Developer agrees to provide as much landscaping as is reasonably practicable in this
situation. As discussed below, it is vitally important to preserve the parking spaces which
now occupy the space in which the landscaping buffer would be placed; however, the area
currently existing between the parking area and the residentially zoned lot would be
landscaped to the fullest extent reasonable practicable. Please note that no landscaping
currently exists between the mall parking area and the residentially zoned lot. Anything
which can be done to increase landscaping in this area would be a drastic improvement.
(2) Developer's utilization of Alternative Provisions Allowed for
Landscaping: Given the fact the buffer is location specific, there are few alternatives
available to the Developer other than providing as much landscaping as is reasonably
practicable in the space available. The City Council recently amended the Ames Municipal
Ordinance regarding Landscaping Requirements for Surface Parking Lots to include new
Section 29.403(4)(g). Section 29.403(4)(g) indicates that alternatives may be utilized to
meet landscaping requirements provided the landscaping conforms to a Master Site
Development Plan which meets the general purposes of providing landscaping for surface
parking lots as set forth in Section 29.403(4)(a). Section 29.403(4)(a) sets forth the purpose
underlying the City's landscaping requirements for surface parking lots as follows:
"The Purpose of this section is to protect and promote the public health,
safety and general welfare by requiring the landscaping of surface parking lots
in such a manner as will serve to reduce the effect of wind and air turbulence,
heat and noise and the glare of automobile lights; to preserve ground water
strata; to act as a natural drainage system and ameliorate stormwater drainage
problems; to reduce the level of carbon dioxide and return oxygen to the
atmosphere; to prevent soil erosion; to conserve and stabilize property values
and to otherwise facilitate the creation of a convenient, attractive and
harmonious community; to relive the blight of the appearance of surface
parking lots; and to generally preserve a healthful and pleasant environment."
The Developer believes its Master Site Development Plan for the reuse of this mall area and
agreement to provide additional landscaping beyond that which exists today meets the
purposes for the landscaping of surface parking lots as set forth in this section. The most
significant manner in which this additional landscaping would meet the purposes behind
landscaping of surface parking lots include the reduction of the glare of automobile lights,
the enhancement of the appearance of the parking lot and the preservation (and in this case,
enhancement) of the environment. According, the Developer believes its actions satisfy the
requirement for providing alternative landscaping.
BRADSHAW. FOWLER. PROCTOR & FAIRGRAVI3. P.C.
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(3) Economic Viability Factors: The Developer has submitted its Master Site
Development Plan as part of an Application for Adaptive Reuse pursuant to Section 29.306.
The overall goal of the Developer is to reuse and revitalize the currently underutilized
shopping area in Northeast Ames known as the North Grand Mall. Completely redeveloping
this site is simply not economically viable given obvious costs associated with such a drastic
undertaking, including, but certainly not limited to, the costs of re-constructing a structure
the size of the current mall. Among other things, the Developer must maintain parking
spaces for existing tenants as well as future tenants. As the square footage available to future
tenants decreases, the overall projected gross income for the re-development decreases and,
in turn, the level of improvements available to revitalize the existing mall area decreases. It
is for this reason that the Developer requests the waiver of the landscaping buffer
requirement. By requiring the 20 foot landscaping buffer, the Developer is forced to
eliminate 39 parking spaces which would otherwise be available to future tenants. On
average, tenants require a minimum of 4 parking spaces for every 1000 square foot of
rentable space. Thus, by eliminating 39 parking spaces, the Developer must effectively
reduce the amount of square footage available for lease by approximately 9,750 square feet
(39/4 X 1000). This reduction in square footage available for lease then has a direct affect on
the Developer's ability to justify the cost of revitalizing the North Grand Mall as set forth in
the Master Site Development Plan.
Landscapinp. Waiver Request No. 2—Reduction in Requirement for Landscaped
Islands and Medians: Section 29.403(4)(c)(i) requires a 9 foot by 16 foot landscaped island
for every 20 interior parking spaces and a minimum 15 foot wide median running the length
of a drive aisle for every three contiguous double-loaded parking aisles. The existing
parking lot of the North Grand Mall area has never met this requirement and doing so as part
of this Adaptive Reuse Application reduces available parking spaces by roughly 200 spaces.
Accordingly, the Developer requests a waiver of the requirements of Section 29.403(4)(c)(i)
and in support of its request for waiver States as follows:
(1) Developer's Attempts to Meet Landscaping Requirements: With the
assistance of civil engineer Scott Williams of HWS, the Developer has analyzed the effect of
meeting the requirements of Section 29.403(4)(c)(i) and determined it would result in the
loss of roughly 200 parking spaces. As indicated in the discussion associated with
Landscaping Waiver Request No. 1, this loss in parking spaces is highly detrimental to the
redevelopment of the North Grand Mall. Accordingly, the Developer looked to alternatives
to meet the purposes of this landscaping requirement wherever possible.
(2) Developer's utilization of Alternative Provisions Allowed for
Landscaping: No provisions exist in the Ames Municipal Code which provide for a specific
alternative to the requirements of Section 29.403(4)(c)(i). Again, under Section
29.403(4)(g), the Council may look to non-specific alternatives to these landscaping
requirements, provided such alternatives meet the general purposes outlined in Section
29.403(4)(a). Relying on the general purposes set forth in Section 29.403(4)(a), the
Developer believes the primary purpose of 29.403(4)(c)(i) is to "relieve the blight of the
13RADSHAw. POD\'L.ER, PROCTOR & PAIRGRAVr, P.C.
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appearance of surface parking lots". In cooperation with its civil engineers, the Developer
has attempted to meet theses goals or purposes by providing as much landscaping as is
reasonably practicable within the parking area and to enhance the landscaping on the
perimeter of the parking area. Additionally, the Developer has utilized stamped concrete
within and around the Streets of North Grand and along a new walkway along the main
entrance, all as shown on the Site Development Plan. This stamped concrete offers the
ability to break up the "sea of gray" normally associated with parking lots and, accordingly,
"relieve the blight of the appearance of surface parking lots".
(3) Economic Viability Factors: The economic impact of meeting the
requirements of Section 29.403(4)(c)(i) again focuses on the loss of parking spaces. In
regard to future tenancies and again based upon a parking ratio of 4 parking spaces per 1,000
square feet of leasable area, meeting this requirement could mean the loss of 50,000 square
feet of leasable area. Of course, much of this parking area serves the existing North Grand
Mall and existing tenants, which only complicates things further. Reducing the number of
available parking spaces results in the likely inability of the Developer to meet the lease
requirements of existing tenants while at the same time decreasing leasable area available to
future tenants.
Landscaping Waiver Request No. 3 — Landscaping Ratio for Surface Parking
Lot: Section 29.403(4)(f) requires that "the area surrounding and within the parking lot
devoted to landscaping shall be equal to or greater than 10% of the gross area of the paved
surface measured from the back of the curb". The Master Site Development Plan submitted
by the Developer as part of its Adaptive Reuse Application does not technically meet this
requirement and the Developer accordingly requests a waiver of the application of this
requirement and in support of its request states as follows:
(1) Developer's Attempts to Meet Landscaping Requirements: Much like
Waiver Request No. 1 and Waiver Request No. 2, the fundamental reason for requesting
waiver of the landscaping ratio requirement of Section 29.403(4)(f) is the negative affect
upon the availability of parking. Increasing landscaping merely reduces the amount of
available parking resulting in difficulty meeting the parking requirements of existing leases,
the availability of parking for future tenants and, in turn, the amount of leasable area
available for these future tenants. Notwithstanding this fact, the Developer is doing all that it
can to enhance landscaping. Under the Developer's proposed Master Site Plan, Landscaping
Islands increase by over 10,000 square feet and perimeter landscaping increases by over
7,000 square feet, yet a waiver is still required. This is a testament to the difficulties
surrounding the adaptive reuse of the North Grand Mall.
As an alternative to meeting this landscape ratio requirement, the Developer requests
that Council rely upon the existing provisions of the Adaptive Reuse Ordinance: Section
29.306. Support for this request is contained in section (2) below.
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(2) Developer's Utilization of Alternative Provisions Allowed for
Landscaping: The Developer believes the waiver of the requirements of Section 29.403(4)(0
is specifically permitted under the Adaptive Reuse Ordinance, specifically Section
29.306(3)(b). Including the introductory provisions of Section 29.306(3), this section
provides as follows:
If the City Council determines that a proposed project qualifies for
consideration as an adaptive reuse, then the City Council may waive some or
all of the applicable Zone Development Standards and General Development
Standards set forth in Article 4, so long as the project conforms to the
following... (b) Where landscaping and public space required by Section
29.403 can not be provided on site, any area on site that is available for
landscaping shall be so utilized. When the City grants permission, the owner
or operator of the site must also use areas within the public right-of-way and
adjacent to the site to satisfy landscaping requirements.
In accordance with Section 29.306(3)(b), the Developer requests the ability to include the
following in the calculation of the landscaping ratio required by Section 29.403(4)(f): (i)
hardscaped areas located within the area designated as the Streets of North Grand; (ii) public
rights-of-way adjacent to the site; and (iii) the area adjacent to the site and owned by the
Developer which is Southeast of 28`h Street and West of Ferndale Drive. Beginning with
only the landscaped islands and perimeter areas which are on site, the ratio of landscaping to
paved parking area is 8.3%, which is obviously below the 10% requirement of Section
29.403(4)(f). By adding the three adjacent off-site areas set forth above as permitted by
Section 29.306(3)(b), the ratio of landscaping to paved parking area rises to 19%.
Permitting the utilization of the off-site (but adjacent) landscaped areas as well as the
hardscaped area on site also meets the purposes underlying the alternative provisions of
Section 29.403(4)(g). The hardscaped areas proposed within the site will utilize plantings
and stamped concrete to break up the "sea of gray" accompanying a surface parking lot. The
utilization and enhancement of adjacent but off-site landscaping serves to increase
landscaping in the area in a manner which significantly enhances the attractiveness of the re-
development. Thus, considering these additional on-site and adjacent but off-site
landscaping areas would promote the purposes set forth in Section 29.403(4)(a) including,
but not limited to: conserving and stabilizing property values and to otherwise facilitate the
creation of a convenient, attractive and harmonious community; to relieve the blight of the
appearance of surface parking lots; and to generally preserve a healthful and pleasant
environment.
(3) Economic Viability Factors: Again, losing parking spaces has a negative
economic affect upon the redevelopment of the North Grand Mall. Requiring the Developer
to meet the technical requirements of Section 29.403(4)(f) would result in the loss of a
minimum of 78 parking spaces, which in turn results in the inability to meet the requirements
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of existing leases and provide spaces required to meet the leasable area requirements of
future tenants.
Conclusion: The overall goal of the Adaptive Reuse Application filed by the
Developer is to revitalize and enhance an existing facility which is highly underutilized. As
stated in Section 29.306(l), "[t]he purpose of these adaptive reuse provisions is to foster the
renovation and reuse of structures having...economic value to the City and [which] are—at
risk of becoming underutilized... ." The goal of revitalizing North Grand Mall provides
significant economic value to the City of Ames. It enhances and revitalizes a major regional
and local shopping area, increases the value of the property for taxations purposes, provides
additional employment in the area and significantly increases sales tax generated by the
North Grand Mall. These goals must not be brought into jeopardy by confusing the reuse or
redevelopment of the North Grand Mall with a new development.
The Site Development Plan submitted by the Developer provides the basic template
for the reuse and revitalization of the North Grand Mall. Once the Adaptive Reuse
Application and accompanying Master Site Development Plan are approved by Council, the
Developer will be in a position to entice significant national and local retailers and dining
establishments to commit to locating at the North Grand Mall. While this will likely require
minor modifications to the site plan, the overall development will be maintained within the
parameters set by the City Council. Without the waiver of the landscaping requirements set
forth above, the Developer will simply be unable to complete the reuse and revitalization of
the North Grand Mall as currently contemplated. The quality of the redevelopment would
suffer and the economic value to the City of Ames will be diminished. It is for these reasons
that the Developer requests the waiver of the landscaping requirements as set forth above.
Respectfully submitted,
Patrick T. Burk
On behalf of GK Development
North Grand Mall Partners, LLC and
Grand Center Partners, LLC
PTB/dr