HomeMy WebLinkAboutA001 - Council Action Form dated June 12, 2001 ITEM # 4
DATE 06/12/01
COUNCIL ACTION FORM
SUBJECT: MOTION TO APPROVE A TEXT AMENDMENT TO THE ZONING
ORDINANCE DEFINING AND ALLOWING INDEPENDENT SENIOR LIVING TO BE
PERMITTED BY SPECIAL USE PERMIT IN THE SUBURBAN RESIDENTIAL MEDIUM
DENSITY ZONE.
BACKGROUND:
Approximately one year ago on April 25, 2000, City Council considered a change to the
Land Use Policy Plan relative to a parcel of property referred to as the "Dotson Farm" (the
area behind the west Hy-Vee location, north of College Creek, and between Dotson
Avenue and Village Drive). The request before Council at that time was to change the
LUPP Map to reflect a land use designation for the "Dotson Farm" property adjacent to the
west Hy-Vee of Residential High Density. The requesting party, Terra Firma, LLC, was
ultimately requesting this High Density Residential land use designation to establish a base
designation that would support a zoning change from the existing Residential Medium
density zone to a Residential High density zone. The company was interested in working
with Newbury Development Corporation to establish an independent senior living facility.
Ultimately, the City Council denied the request to change the LUPP Map, but directed staff
to work with the developer to develop a zone change agreement that would restrict a
portion of the currently zoned RM land for a senior housing complex. The City Council
indicated that the zoning change agreement should include provisions that address
building height, landscaping, building materials, and use of the property.
Given the complexity of the zone change agreement and the process by which Newbury
Development must operate its business (federal regulations that apply to the company),
a zone change agreement was never established. Instead the developer, Terra Firma LLC,
proposed amending the text of the ordinance to allow independent living facilities in the RM
zone. However, because the location of the RM zoned land is adjacent to established
neighborhoods and a zone change would not only apply to the "Dotson Farm" but all RM
zoned land, staff recommended that the independent living facilities amendment should
be carefully constructed. At that time, staff believed that independent senior living facilities
should be combined with assisted senior living facilities (assisted living facilities are already
permitted by special permit in an RM zone), and a special permit should be issued for their
use. In addition, such "mixed" facilities should be permitted in the RM and RH zones. Staff
developed the concept of "Mixed Senior Housing Complexes" and on July 27, 2000
recommended to City Council that the Zoning Ordinance be amended to allow such uses
in RM and RH zones.
However, City Council did not believe that mixed senior housing complexes would be
appropriate for all RM zones in the community. Conversely, Council also believed that
independent senior living facilities might be a viable option for the development of the
"Dotson Farm" and directed staff to continue working with the developers to pursue
alternative zoning solutions.
On March 27, 2001, City Council was approached again by Terra Firma LLC to change the
land use designation of the "Dotson Farm". At that time, the developer requested that the
"Dotson Farm" land designation be changed to a Village/Suburban land use designation.
City Council found the proposal acceptable and changed the Land Use Policy Plan Map
to reflect Village/Suburban residential uses. (The Land Use Policy Plan states that uses
in a Village/Suburban land use designation must integrate into surrounding existing land
uses. The change to a Village/Suburban Residential land use was done to ensure a good
transition between the existing neighborhoods and future development on the "Dotson
Farm"site.)
In light of these changes made by Council and the continued interest to develop the
"Dotson Farm", the owner and developer of the property, Terra Firma LLC, has annexed
the entire area (farm) into the corporate limits of Ames. Furthermore, the company is now
in the process of preparing the necessary materials for requesting a zone change from the
existing zoning designations to Suburban Residential Medium Density (FS-RM) and
Suburban Residential Low Density (FS-RL).
Terra Firma LLC states that the "Dotson Farm" will be developed as a Suburban
Residential Development (a development similar to the "Uthe Farm" development located
in north Ames and in accordance to the LUPP change made on March 27, 2001). The
company has stated that a Suburban Residential Medium Density (FS-RM) zone change
will be proposed for the land area located directly adjacent to Hy-Vee and will extend
across a future connection of Aplin Road and Tripp Street. The developer has also
indicated that the primary proposed uses in this zone will be multi-family uses and attached
single-family homes. In addition, the developer still wants the City Council to consider
amending the Zoning Ordinance to permit independent senior living facilities in the
area located adjacent to Hy-Vee. The developer is requesting that the zoning
ordinance be amended to allow independent senior living facilities in the FS-RM
zone. The remainder of the proposed subdivision will be FS-RL (Suburban Residential Low
Density), allowing only for single family homes.
Initially, Newbury Development, in conjunction with Terra Firma LLC, proposed the idea
of establishing an independent senior living facility in the area adjacent to the McFarland
Clinic (next to Hy-Vee), directly west of Franklin Park, and on the north side of the future
Aplin Road and Tripp Street connection. However, the Newbury Development Company
recently withdrew their pursuit to develop an independent senior living facility in this area.
However, the developer believes that such a facility would provide for a unique opportunity
for senior citizens and handicapped persons in the community, given the proximity of the
proposal to a medical facility, public transportation routes, a grocery store, retail services,
restaurants, and banking. Terra Firma LLC has proposed that an independent senior living
facility in this given area could integrate well into the surrounding area, and produce a
lesser impact to the adjacent residential area than conventional medium density multi-
family apartments.
Given the impact of an independent senior living facility, the balance of such use with the
adjacent land uses, and the low traffic impact associated with these kinds of facilities, staff
is in agreement with the proposal. Staff believes that an independent living facility is
appropriate for an FS-RM zone designation, and the development of such a facility in the
FS-RM zone meets the goals and objectives of the LUPP, both for the "Dotson Farm"
development, and other suburban residential developments. However, staff believes that
an amendment to the Zoning Ordinance to allow this use in an FS-RM zone should require
the issuance of a special permit, in addition to the requirements of an FS-RM zone
designation, to assure compatibility with adjacent land uses.
ANALYSIS:
Traffic Impacts of Independent Senior Living Facilities. Independent senior living
facilities have different traffic patterns than other apartment uses. Typically, the
dependence on an automobile is less and traffic is more associated with service care
providers, temporary or full time staff members, and visitors. The average traffic count for
a multiple family apartment unit is approximately 6.1 trips per day, whereas the average
traffic count for an independent senior living facility is approximately 2.2 trips per day.
Parking Requirements of Independent Senior Living Facilities. Persons who live in
an independent senior living facility, or a family that resides in a dwelling unit of such a
facility, typically own one vehicle. Automobile dependence in this type of facility is less than
conventional apartment dwellings, and residents of these facilities tend to depend on
delivered services and public or private transportation services. Therefore, parking
standards for independent senior living facilities should be less than conventional
apartments. However, such facilities should require spaces for contracted service providers
and/or permanent/temporary staff members. The following is a recommended amendment
to the minimum off-street parking requirements to outline the necessary parking
requirements for an independent living facility:
Table 29.406(2)
Minimum Off-Street Parking Re uirements
RESIDENTIAL ALL ZONES EXCEPT DOWNTOWN/CAMPUSTOWN
DWELLINGS DOWNTOWN CAMPUSTOWN SERVICE CENTER ZONE
SERVICE CENTER ZONE
Independent Senior 1 space per unit, plus 1 space 1 space per unit, plus 1 space
Living Facility per staff member/contracted per staff member/contracted
service provider of the largest service provider of the largest
shift shift
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Land Use. At this time, staff is only recommending that independent senior living facilities
be allowed in the Suburban Residential Medium Density Zone (FS-RM). When subject to
Suburban Residential overlay standards, the developer of a proposed suburban residential
development will be required to submit a master plan of the proposed subdivision with the
preliminary plat of the subdivision. The master plan must outline where all proposed uses
will be, including the independent living facility. Council has the authority to approve or
deny a master plan (zone change); any Suburban Residential zone gives City Council the
ability to more closely review development proposals and uses within such proposals.
Furthermore, to provide for more scrutiny of the proposal to assure that it is compatible with
adjacent land uses, the issuance of a special permit should also be required. The
recommended zone change for the FS-RM zone is as follows:
Table 29.1202(4)-2
Suburban Residential Floating Zone
Residential Medium Density FS-RM Uses
USE CATEGORIES STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
• Independent Senior Y SP ZBA
Living Facility
An independent living facility should only be restricted to persons of 55 years of age or
older (senior citizens) or handicapped persons. The recommended definition that must be
added to the Zoning Ordinance if such use is permitted in the FS-RM zone is as follows:
Section 29.201. Definitions.
Independent Senior Living Facility means an apartment dwelling residential facility
featuring a central lobby, common dining area, and recreational rooms exclusively for
the tenants. Domiciliary care services exclusively for the tenants may also be provided.
Accessory support uses exclusively for tenants, such as pharmacies, banking services,
barbers/beauticians, etc. may be included. The occupancy of an independent senior
living facility shall be limited to:
(a) senior citizens of the age of 55 or greater; or
(b) "Handicapped" as defined in the Fair Housing Act, 42 U.S.C. Section 3602 (h) and
this ordinance. This definition does not include those persons currently illegally
using or addicted to a "controlled substance" as defined in the Controlled
Substances Act, 21 U.S.C. Section 802 (6);
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Land Use Policy Plan Goals and Objectives. The Land Use Policy Plan sets goals and
policies to guide growth in an orderly manner that reflects the future vision of the
community at large. The following goals and policies of the LUPP apply to these proposed
Zoning Ordinance text amendments:
Goal 4.A. Ames seeks to establish more integrated and compact living/activity areas
(i.e. neighborhoods, villages) wherein daily living requirements and amenities are
provided in a readily identifiable and accessible area. Greater emphasis is placed on
pedestrian and related activities. (LUPP, Page 26)
• The text amendment, as proposed, will provide a broader range of elderly housing
opportunities for suburban residential developments in the Ames community. The
proposed text change will allow for a more diverse mix of land uses within the
FS-RM zone.
Goal 4.13. Ames seeks to physically connect existing and new residential and
commercial areas through the association of related land uses... (LUPP, Page 27)
• Suburban Residential Medium Density Zones provide a transition between more
intense (commercial or high-density residential uses) and lower impact uses
(low-density residential uses like single family homes). The FS-RM zone is
designed to accommodate lower impact uses of a higher residential density than
residential low-density zones. An independent senior housing complex would
provide for a good transition between single family homes and more intense
development.
• The "Dotson Farm" is in a unique location of the community because it exists
between established neighborhoods and commercial development. The addition
of an independent senior living facility to this area would provide for a good
combination of land uses. An independent senior living facility would integrate
well with the adjacent commercial services (grocery, medical facility), Franklin
Park, and the surrounding neighborhoods. Because the FS-RM zone is guided
by a master plan, an independent senior living facility could be strategically
placed to make a more compatible transition between land uses and provide a
land use that would integrate well with adjacent land uses. Furthermore, staff's
recommendation is to allow independent senior living facilities by the issuance
of a special permit. A special permit would further regulate this type of
development to assure that it blends well into existing and proposed land uses.
Goal 6. It is the goal of Ames to increase the supply of housing and provide a wider
range of housing choices. (LUPP, Page 28)
• The proposed text change will allow for a wider variety of housing types and choices
for the senior citizen and handicapped population in the Ames community.
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RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning and Zoning Commission reviewed this text amendment to the Zoning
Ordinance at their meeting of May 16, 2001 and approval was recommended.
ALTERNATIVES:
1. The City Council can approve the recommended text amendments to the Zoning
Ordinance to allow Independent Senior Living Facilities in the FS-RM zone by the
issuance of a Special Permit.
2. The City Council can deny the recommended text amendments to the Zoning
Ordinance to allow Independent Senior Living Facilities in the FS-RM zone by the
issuance of a Special Permit.
3. The City Council can approve the recommended text amendments to the Zoning
Ordinance to allow Independent Senior Living Facilities in the FS-RM zone by the
issuance of a Special Permit, with modifications
4. The City Council can refer the recommended text amendment to the Zoning Ordinance
for Independent Senior Living Facilities back to staff for further review and comment.
CITY MANAGER'S RECOMMENDED ACTION:
The critical points that the proposed text amendment is attempting to accomplish is the
following:
• Provide a broader range of housing choices in the FS-RM zone.
• Allowing, by approval of a suburban residential master plan and issuance of a
special permit, a land use that is a good transition between low and high impact
land uses.
• Allowing for a land use that provides a unique and specialized service for the
community's senior and handicapped population.
• An independent senior living facility represents a different magnitude of impact
in regards to transportation, activity, etc., than conventional medium density
apartment developments. The lessened impact substantiates that such facilities
are appropriate for the FS-RM zone
Even though the Newbury Development Company is no longer interested in pursuing
development of an independent living facility on the Dotson Farm site, staff believes that
the proposed text amendments to facilitate such facilities in FS-RM zones has merit.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1. This action will amend the Zoning Ordinance to allow Independent Senior
Living Facilities in the FS-RM zone by the issuance of a special permit.
Attachment
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