HomeMy WebLinkAboutA003 - Council Action Form dated April 8, 2003 ITEM # J V
DATE 04/08/03
COUNCIL ACTION FORM
SUBJECT: REQUEST TO APPROVE THE REZONING OF PROPERTY LOCATED AT
1007 NORTH SECOND STREET FROM URBAN CORE RESIDENTIAL MEDIUM
DENSITY (UCRM) TO HIGHWAY-ORIENTED COMMERCIAL (HOC).
BACKGROUND:
Applicant request. The subject property is located at 1007 North Second Street. It is
currently being used as the location for a single-family dwelling and commercial land use.
The rear 72 feet of the lot is used as an accessory storage facility for a commercial
business at 1003 North Second Street. The owner of 1003 North Second Street (the same
owner of 1007 North Second Street) is planning to subdivide and rezone the rear 72 feet of
the subject property in an effort to bring the operation of the existing commercial business
and the single-family land use into code compliance.
The property owner has indicated that if subdivision and rezoning of the subject property is
successful, the front 100 feet of the subject property will be donated to Habitat for
Humanity. The existing home will be demolished and redeveloped as low-income housing.
ANALYSIS.
Land Use. The subject property is bounded by single-family land uses to the west and
south and commercial businesses to the north and east. The north 72 feet of the subject
property is currently being used as a legal, but non-conforming commercial land use.
Zoning. The existing zoning of the subject property is "UCRM" (Urban Core Residential
Medium Density). The applicant is requesting that the north 72 feet of the subject property
be rezoned to Highway-Oriented Commercial,which would be consistent with the zoning to
the east and north. Should the lot be subdivided to match the proposed rezoning boundary,
Highway-Oriented Commercial would bring the north 72 feet of the subject property into
zoning conformance. The south 100 feet would remain UCRM and comply with the zone as
a single-family land use. The following table represents the adjacent zoning (see
attachments titled "Existing Zoning Map" and "Proposed Zoning Map").
Direction Land Use
North Highway-Oriented Commercial
South Urban Core Residential Medium Density
East Highway-Oriented Commercial
West Urban Core Residential Medium Density
In May of 2000, City Council determined that the rezoning of the City should minimize
non-conformities where Future Land Use Policy Plan Map designations permit such uses.
Council also determined that zoning district lines should follow property lines. At the time of
the May 2000 rezoning, the primary use of the subject property was a single-family
residential use. In order to keep the single-family use conforming to zoning regulations, the
property was zoned UCRM. However, because the rear portion of the lot was being used
for a commercial operation for the adjacent property to the east, the lot still maintained a
non-conforming accessory use status. The solution to avoid the non-conformity is eitherto
cease the commercial use of the land or to subdivide and rezone the non-conforming
portion of the property to Highway-Oriented Commercial. At the time of the rezoning, the
landowner did not exercise either option. At this time, the landowner wishes to subdivide
the property and request the front portion of the property be rezoned to UCRM and the rear
portion be zoned to HOC.
Sanitary Sewer, Storm Sewer, and Water. The existing water and sewer systems are of
sufficient size to serve the existing land uses, including the proposed affordable housing
project.
Electric. The subject property falls within the City of Ames Electric Service Boundary. The
site is adequately and efficiently served by municipal electric services.
Fire. The subject property is located within an area that is within a five-minute response
time. This property is part of the city that comprises 85% of the area of the city that is within
the City's desired response time. The applicant proposes to demolish the existing structure;
new development could potentially improve fire safety.
Land Use Policy Plan (LUPP) Goals and Policies. The existing Land Use Policy Plan
Map shows the subject property at the edge of One and Two-Family Medium Density and
Highway-Oriented Commercial designations. Since the subject property falls on the edge of
two land use designations, this rezoning request would be generally consistent with the
Future Land Use Policy Plan Map.
The LUPP sets goals and policies to guide growth in an orderly matter that reflects the
future vision of the Ames community at large. In the rezoning process, the applicant must
address the consistency of the proposal with the goals, policies, and procedures outlined in
the LUPP. The following narrative contains staff's position on whether the request to
rezone is consistent with the goals, policies, and objectives outlined in the LUPP.
Goal No. 1. Recognizing that additional population and economic growth is likely, it
is the goal of Ames to plan for and manage growth within the context of the
community's capacity and preferences. It is the further goal of the community to
manage its growth so that it is more sustainable, predictable and assures quality of
life. (LUPP, p. 23).
■ The subject area is connected to existing municipal services and infrastructure. Since
the existing use of the properties is not proposed to change, these municipal services
have the capacity to meet the land use demand.
2
Goal No. 6. It is the goal of Ames to increase the supply of housing and to provide a
wider range of housing choices. (LUPP, p. 29)
■ The applicant is proposing to demolish the existing home on the lot and donate the
ground so that a local non-profit/charity organization can develop an affordable home
on the lot for a low and moderate-income family.
Objective 6.A. Ames seeks to increase the overall supply of low and
moderate-income housing through the following means: (1) conservation of such
units in existing areas that are not designated for redevelopment or intensification;
and, (2) inclusion of such units in new market-driven housing developments through
zoning incentives. (LUPP, p. 29)
■ Rezoning the lot into conformance and utilizing zoning to further low and
moderate-income housing is consistent with this goal.
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 existing commercial uses on North Second Avenue are not compatible with the
residential development to the west and south. The Land Use Policy Plan does not
encourage single-family land uses directly adjacent to highway-oriented commercial
land uses because they are not compatible land uses. However, this rezoning and
associated redevelopment could represent an opportunity that could improve the
existing situation. No mechanism or law is in place that would require the property
owner to develop a buffer between the differing land uses. Nevertheless,the landowner
could provide a transition through a system of buffers such as landscaping, opaque
fence, etc. between the existing commercial land use and the existing/proposed
single-family land us. Development of a buffer would further promote the goals of the
plan, minimize the negative aspects of non-transitional uses, and enhance the
proposed affordable housing project.
Vision Statements: Neighborhoods. ... Flexible techniques to facilitate the provision
of low-and moderate-income housing, green spaces and mixed uses. (LUPP, p. 131)
■ Although intense commercial land uses next to single-family residential land uses are
not ideal, the mechanism proposed by the applicant to facilitate low and
moderate-income housing is consistent with this neighborhood vision statement.
3
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning & Zoning Commission reviewed this rezoning request at their meeting of
March 19, 2003 and recommended approval.
ALTERNATIVES:
1. The City Council can approve the request to rezone the north 72 feet of 1007 North
Second Street to Highway-Oriented Commercial.
2. The City Council can deny the request to rezone the north 72 feet of 1007 North
Second Street to Highway-Oriented Commercial.
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:
This request represents a boundary adjustment to the zoning map similar to what was
experienced in the rezoning of the City in May of 2000. The extension of the
Highway-Oriented Commercial zoning line north will not encroach into the single-family
neighborhood any more than the commercial uses do to the east. In addition, by moving
the zoning line south 72-feet, the relationship between existing commercial uses and the
single-family land use on the lot remain unchanged. The basis for rezoning the subject
area is primarily based on an existing situation, the avoidance of non-conforming land
uses, and to facilitate low to moderate-income housing.
Higher buffer standards and landscaping requirements are not enforceable by law.
However, they will greatly enhance the transition between the existing commercial and
residential land uses. The landowner would greatly enhance the subject property if
landscaping or fencing was used as a buffer system between the incompatible land uses.
Buffers could be used to further the aesthetics of the lot and provide a better living
opportunity for the existing home and/or proposed low-income single-family land use.
Furthermore, they would minimize noise and other operational related issues that could
negatively affect the proposed single-family home.
It is recommended that Alternative #1 be approved. Alternative #1 will provide the
zoning necessary to bring the existing land uses into zoning conformance and further an
affordable housing opportunity for the Ames community.
COUNCIL ACTION:
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February 24, 2003
Rezoning request for 1007 N. Second Street
The property currently is being used as a single family dwelling in the front and a storage
yard in the rear of the property. The owner has graciously agreed to give the front sixty
feet of this lot to the Habitat for Humanity group to build a new low-income house on.
This lot is the dividing line between two zoning districts. The owners wish to keep the
rear part of the lot for their own use. However the use will remain more commercial in
nature. Also the remainder part of the lot would not have frontage on a public street so it
needs to be attached to the existing lot to the East to be conforming. The lot to the East is
zoned commercially. This is not a change in use since the owner is currently using the lot
for storage. The lot that is being created in front complies with the City standards for
residential lots.
The owner feels like the request for rezoning is consistent with the land use policy plans
desire to create affordable housing within the city limits. This will also be new
construction in an existing neighborhood in an effort to infill using existing
infrastructure.
EI"VeE
FEB 2 5 '20M
CITY OF AMES, IOWA
DEPT. OF PLANNING & HOUSING
MAP OF PROPOSED REZONING
CITY OF AMES, IOWA
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N. SECOND STREET (66')
CURRENT ZONING OF PROPERTY:URBAN CORE RESIDENTIAL MEDIUM DENSITY RECEIVED
PROPOSED ZONING OF PROPERTY:
HIGHWAY-DRIENTED COMMERCIAL FEB 2 5 2003
CITY OF ANTES,IOWA
LEGAL DESCRIPTION OF PROPERTY PROPOSED FOR REZONING: DEPT. OF PLANNING &HOUSING
THE NORTH 72 FEET OF LOT 11 IN BLOCK 5 IN COLLEGE PARK
ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA.
OWNERS:
ERBEN & MARGARET
HUNZIKER APARTMENTS, LLC
105 S. 16TH STREET
PROPERTY ADDRESS: AMES, IOWA 50010
1007 N. SECOND ST. 515-233-4450
AMES, IOWA 50010
STUMBO AND ASSOCIATES GRAPHIC SCALE i"=30'
LAND SURVEYING. INC.
510 S. 17TH ST., SUITE 102
AMES, IA 50010
515-233-3689 0 30 60 90
Job # 15231REZ Date: 2/10/03 Page 1 of :1
r •
John R.Klaus,City Attorney,515 Clark Avenue Ames Iowa 50010 (515)239-5146
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF AMES,IOWA,AS PROVIDED FOR IN SECTION 29.301
OF THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY
CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED
AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1506
OF THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA;
REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES
IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE
BE IT HEREBY ORDAINED by the City Council of the City of Ames,Iowa;
Section 1: The Official Zoning Map of the City of Ames,Iowa, as provided for in Section 29.301
of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts
established and shown on said Map in the manner authorized by Section 29.1506 of the Municipal Code of
the City of Ames, Iowa, as follows: That the real estate generally located at 1007 North Second Street is
rezoned from Urban Core Residential Medium Density(UCRM)to Highway-Oriented Commercial(HOC).
Real Estate Description: The North 72 feet of Lot 11 in Block 5 in College Park Addition to the City
of Ames, Story County, Iowa
Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
Section 3: This ordinance is in full force and effect from and after its adoption and publication as
provided by law.
ADOPTED THIS day of ,2002.
Diane R. Voss,City Clerk Ted Tedesco,Mayor