HomeMy WebLinkAboutA003 - Council Action Form dated July 24, 2001 ITEM # CC^
DATE 07/24/01
COUNCIL ACTION FORM
SUBJECT: MOTION TO APPROVE/DENY THE REZONING OF THE EASTERN
PORTION OF PROPERTY LOCATED AT 3504 GRAND AVENUE FROM "RESIDENTIAL
LOW DENSITY" (RL) TO "RESIDENTIAL HIGH DENSITY" (RH).
BACKGROUND:
Applicant Request. The subject area under consideration is located on the east side of
the intersection of Bloomington Road and Grand Avenue. The address of the property is
3504 Grand Avenue and used to operate as a commercial auction house. The following
is a photo of the structure on the property (taken May 16, 2000):
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The property is currently split between two zones, Residential High Density and Residential
Low Density (see map titled, "Existing Zoning Map'). The applicant is currently operating
a church on the subject property and is requesting that the entire property reflect the same
zoning, Residential High Density, for ease of future development/expansion on the site,
and to be consistent with the City's LUPP Map (see map titled, "Proposed Zoning Map"and
"Land Use Policy Plan Map').
i
Municipal Services.
Water. A 12-inch water main currently exists along the east right-of-way boundary
of Grand Avenue, adjacent to the western boundary of the subject area. This water
main adequately services the subject area today and maintains adequate size to
service future development on the site and development of uses that are permitted
under the Residential High Density zoning designation. Municipal water services
are adequate to service a religious institutional use (church) on the subject property.
If the property is further developed, staff may require the property owner to extend
the water main to the limits of the eastern property line.
Sanitary Sewer. There is an 8-inch sanitary sewer main that currently exists along
the Grand Avenue right-of-way. Municipal sanitary sewer adequately services the
subject area.
Storm Sewer. Presently, a 15-inch and 30-inch storm sewer runs along the west
side of Grand Avenue. This storm sewer infrastructure is adequate to service the
subject area. Future development of the subject property will require that storm
water run-off be collected and controlled through a system of surface drainage,
subsurface sewers, and/or storm water detention facilities. Upon further
development of the site, the rate of storm water run-off will not be increased above
the pre-development rate of run-off. Any proposed development on the subject
property will require the applicant to submit a site plan and a storm water
management plan for review before the approval of zoning permits.
Electric. The property falls inside the City of Ames Electric Service Boundary. The
site can be adequately serviced by municipal electric facilities.
Fire. The City's fire response time goal is to have 85% of the land area of the city
within a response time of five (5) minutes or less. The subject property is located
in an area that is within a five-minute response time.
Floodplain. The subject property is not located within the 100-year floodplain of the Skunk
River.
Access/Traffic Impact. The property currently has access to Grand Avenue and maintains
suitable access to public right-of-way. However, the parking lot of the subject property and
vehicle access to and within the lot is gravel. Future development/expansion of the site will
require paving of the lot. An improved lot will meet the landscaping and dimensional
standards outlined in the City's Zoning Ordinance.
2
Land Uses. The subject area is currently an exempt, religious institutional use (church).
The existing land uses that border the property are as follows (see map titled, "Existing
Land Uses'):
Location Land Use
North Single-Family Homes
East Vacant Agricultural Land
South Nursing Home and Multi-Family Housing
West Multi-Family Housing
Zoning. Presently, the property is split between two zones, "Residential Low Density
Residential" (to the east) and "Residential High Density" (to the west). The following table
outlines neighboring zoning designations to the subject area (see map titled, "Existing
Zoning Map'):
Location Zoning
North Residential Low Density
East Agricultural
South Residential High Density
West Residential High Density
Land Use Policy Plan (LUPP) Goals and Policies. The subject property is shown on the
LUPP Map as Residential High Density. It is located within the New Lands Existing
Residential Boundary. Rezoning of the eastern portion of the property to RH would be
consistent with the Land Use Policy Plan (see map titled, "Land Use Policy Plan Map').
Goal No. 1: "...plan for and manage growth within the context of the community's
capacity and preferences..." (LUPP, P. 23).
• A church is permitted under both the Residential High Density and Residential Low
Density zoning designation. However, under the Residential Low Density designation,
any improvement, enlargement, or other change to the property would require a special
permit by the Zoning Board of Adjustment. Since the property is shown on the LUPP
Map as Residential High Density, and the City's Zoning Ordinance states that zoning
boundaries should follow property lines, staff believes it would be in the best interest
of the City of Ames to designate the entire property under one zoning classification,
Residential High Density (see attached Section 29.301 (4)(b) of the Municipal Code).
Splitting a parcel of land between two different zoning designations, especially where
the land use is designated for a single land use, provides no public benefit. The change
would bring the entire parcel into conformance with the LUPP Map and allow for a use
that is within the context of the City's capacity and preferences.
3
Goal 1.A.: "Ames seeks to diversify the economy and create a more regional
development and market base. While continuing to support its existing economic
activities, the community seeks to broaden the range of private and public
investment." (LUPP, P. 23)
• The prior land use, an auction house, was a non-conforming land use within the
Residential High Density and Residential Low Density zoning designations of the
property. Furthermore, an auction house did not represent a use that was consistent
with the LUPP Map. The applicant's most recent investment, a church, is consistent
with the plan and zoning ordinance. The religious/institutional use has brought the
property into a conforming land use status. Residential High Density zoning would allow
for expansion of the church use, or other future investment opportunities that fall under
a Residential High Density zoning classification. In either instance, expansion of the
existing use or reinvestment under an RH designation would be consistent with this
goal.
Goal No. 2: "....assure the adequate provision and availability of developable land
... [and] guide the character, location and compatibility of growth with the area's
natural resources...." (LUPP, P. 24)
• The subject area is located in a highly visible transit corridor and entryway into the city
of Ames. It is well suited for a church or multi-family land uses. Rezoning of the subject
area could allow for further development on the subject property, allowing for the
intensification of undeveloped land area within corporate limits in context of the City's
growth preferences.
Goal No. 5: "....establish a cost effective and efficient growth pattern for
development in new areas and in a limited number of existing areas for
intensification." (LUPP, P. 27)
• The area can be adequately served by municipal infrastructure. The rezoning of the
subject area will add to the multi-family residential land inventory, as identified on the
LUPP Map, and increase the supply of vacant multi-family residential land.
Vision Statements: "Provision of adequate transitional and intensification areas and
the assurance of compatibility between differing uses and new and existing uses."
(LUPP, p.123)
• The Land Use Policy Plan encourages the transition of like uses. This rezoning request
will provide for transitional land uses while meeting the overall objectives of the LUPP.
4
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning & Zoning Commission reviewed this rezoning request at their meeting of July
5, 2001 and approval was recommended.
ALTERNATIVES:
1. The City Council can approve the rezoning of the eastern portion of the subject
property located at 3504 Grand Avenue from "Residential Low Density" (RL) to
"Residential High Density" (RH).
2. The City Council can deny the rezoning of the eastern portion of the subject property
located at 3504 Grand Avenue from "Residential Low Density" (RL) to "Residential
High Density" (RH).
3. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information.
MANAGER'S RECOMMENDED ACTION:
Rezoning of the eastern portion of the subject property is consistent with the LUPP. The
property is located within the New Lands Existing Residential Boundary and has the
potential to permit transitional, orderly, and economically beneficial land uses under a
Residential High Density zoning designation.
The property is split between zones and staff believes that there is no apparent public
benefit for the division. The LUPP Map designates the entire parcel as Residential High
Density and the single-family zoning designation on the eastern portion of the property is
inconsistent with the Map. Additionally, split zoning on a property can provide much
confusion to the property owner, and public and private agencies whose processes depend
on zoning information. For these reasons, the City's Zoning Ordinance states that it is the
intent of the ordinance that zoning districts follow property boundaries (see attached
Section 29.301 (4)(b) of the Municipal Code).
It is the recommendation of the City Manager that the City Council approve Alternative #1.
This will approve the rezoning of the eastern portion of the subject property located
at 3504 Grand Avenue from "Residential Low Density" (RL) to "Residential High
Density" (RH).
Attachment
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(3) Amendments. Amendments changing the district boundaries or other matters portrayed on the
Official Zoning Map shall be made on the Official Zoning Map, and a certified copy of the amending ordinance shall
be attached to or kept with the Official Zoning Map as of the date thereof. No changes shall be made in the Official
Zoning Map or matter shown thereon except in conformity with the procedures set forth in the Ordinance for
amendments. The Department of Planning and Housing shall review the Official Zoning Map annually for compliance
with any amendments made by the City Council through the past year.
(4) Interpretation of Boundaries. The City Council shall resolve any uncertainty as to the location of
boundaries as shown on the Official Zoning Map by applying the following rules:
(a) Boundaries indicated as approximately following the center-line of streets,highways,alleys,
or rights-of-way shall be construed to follow such center-line. If the actual location of such street,highway,alley,or
right-of-way varies from the location as shown on the Official Zoning Map, then the actual location shall control.
Boundaries indicated as following streets,highways,alleys,or rights-of-way shall automatically be construed to follow
the center line of such streets, highways, alleys,or rights-of-way in case of the vacation of such.
(b) Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines.
(c) Boundaries indicated as approximately following City limits shall be construed as following
City limits. .
(d) Boundaries indicated as adjoining or coincident with a railroad shall be construed to be in
the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of such
right-of-way.
(e) Boundaries indicated as approximately following shore lines shall be construed as following
such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line;
boundaries indicated as approximately following the center lines of streams,rivers,lakes,or other bodies of water shall
be construed to follow such center lines. If the actual location of such stream,river, lake or other body of water varies
from the location as shown on the Official Zoning Map,then the actual location shall control.
(0 Boundaries indicated as parallel to or extensions of features indicated in paragraphs (a)
through(e)of this subsection 29.301(4)shall be so construed.
(g) Distances specifically indicated on the official Zoning Map between a boundary and a public
way or other physical feature shall determine such distance. Distances not specifically indicated on the Official Zoning
Map shall be determined by the scale portrayed thereon.
(h) Zones shall be construed as adjoining even if separated by a public right-of-way.
Sec.29302. APPLICATION OF REGULATIONS.
(1) Land shall be in the agricultural zoning classification,automatically,at the time that it is annexed to
the city and shall remain in that classification until it is rezoned to another classification. -Rezoning to another
classification shall not occur until a development plan and zoning district is proposed that is consistent with the Land
Use Policy Plan,those regulations and all other applicable regulations are submitted to the City Council with a request
to rezone,or rezoning is initiated by the City Council.
(2) When a lot held in single ownership is divided by a zone boundary line, the entire lot shall be
construed to be within the more restrictive zone for purposes of complying with the requirements of the Ordinance,
unless otherwise indicated on the Official Zoning Map or by resolution of City Council.
(Ord. No. 3571, 6-27-00)
Sup#20/1995 Code 29-17 Rev.7-1-00