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Home My WebLink AboutA001 - Council Action Formd ated May 27, 2008 ITEM #: DATE: 05/27/08 COUNCIL ACTION FORM SUBJECT: REZONING OF PROPERTY LOCATED AT STANGE AND BLOOMINGTON ROAD FROM SUBURBAN RESIDENTIAL LOW DENSITY (FS-RL) TO SUBURBAN RESIDENTIAL MEDIUM DENSITY (FS-RM) BACKGROUND: Date Prepared: May 16, 2008 Property Owner: Uthe Development Company 105 South 16t" Street Ames, IA 50010 Applicant: Same Location: North of the intersection of Stange Road and Bloomington Road Acreage: 0.63 acres Project Description. The land proposed for this rezoning is located on the north side of Bloomington Road. It is a small tract (less than two-thirds of an acre)that has resulted due to the proposed changes in the alignment of Stange Road and the desire of the developer to reduce the size of an outlot. This rezoning is part of a broader package that includes a proposed rezoning from FS-RM to CVCN Convenience Commercial Node; a revised preliminary plat for a portion of Northridge Heights; and an updated master plan for Northridge Heights. Two separate tracts are proposed for rezoning. The first is as described above—a small sliver that lies within an outlot between the current FS-RM (to the south) and FS-RL (to the north). The second is the four proposed lots currently zoned FS-RM and comprising the area intended for commercial development. Staff's background information, analysis, and recommendation for this second tract are on a separate Commission Action Form. Currently the property is zoned FS-RL (Floating Suburban-Low Density Residential). It is not currently being productively farmed, although it has in the past. Description of Surrounding Area. Area LUPP Designation Zoning Land Uses North Village/Suburban FS-RL (Floating Suburban-Low Fallow Residential Density Residential) South Village/Suburban FS-RM (Floating-Suburban Fallow Residential Medium Density Residential) East Village/Suburban FS-RM (Floating Suburban- Fallow Residential; Convenience Medium Density Residential) Commercial Node West Village/Suburban FS-RL (Floating Suburban-Low Fallow; Residential Residential Density Residential) Applicable Law. Land Use Policy Plan (LUPP) Goals and Policies. The Land Use Policy Plan map identifies this area as Village/Suburban Residential. Both the current zoning (FS-RL) and the proposed zoning (FS-RM) are consistent with this designation. The broad policy goals of the LUPP have little identified impact due to the relatively small size of the proposed rezoning and its location. Applying each of the goals to this rezoning generated little evidence as to how the rezoning advances the LUPP. Staff could only conclude that the LUPP and its goals are not negatively impacted by the change in zone. Applicant's Submittal. The applicant submitted only a verbal explanation of the reasons for the requested rezoning. The developer wishes to place the proposed public utilities and shared pathway within an easement rather than an outlot. The realignment also increases the depth of the lots on the north side of Thetford Drive. Staff Analysis. This proposed rezoning is minor and has little land use implications. In and of itself, it is not a developable parcel. The rezoning of this tract is consistent with the proposed preliminary plat and updated master plan for Northridge Heights. The buffering this outlot provides under the existing zoning in the area will not be needed under the proposed rezoning of this tract as the abutting uses will be similar in character. The uses proposed for the FS-RL abutting this zoning frontier are two- and four-unit townhomes. In the FS-RM to the south, the same uses are proposed. The larger lot to the east, Lot 305, will contain, at most, a twelve-unit apartment. There are countless examples of residential zones of different densities abutting each other in Ames. Although many are separated by street rights-of-way (and therefore face each other), there are also many where the zone frontier divides rear yards. The planning staff believes a zone change between rear yards is preferable because it doesn't result in dissimilar uses facing each other at the street face. And in this instance, the zone frontier contains a shared pathway providing, depending on your perspective, an intensified use or a buffer. 2 FINDINGS OF FACT & CONCLUSIONS: FINDINGS. Staff makes the following findings of facts: 1. Ames Municipal Code Section 29.1507(2)allows owners of 50% or more of the area desired for rezone to file an application requesting City Council to rezone the site. The applicant is the only owner of the site proposed for rezoning, which equates to 100% ownership of the requested rezone area. 2. The application was received on April 4, 2008. The deadline for the Planning & Zoning Commission to file its recommendation to the City Council (pursuant to Ames Municipal Code Section 29.1507(2)) would be July 3, 2008. 3. Notice of the proposed zoning map amendment was mailed to owners of property within 200 feet of the site on May 14, 2008. This is in addition to the notice required no less than 7 days prior to the hearing before the City Council (Ames Municipal Code Section 29.1507(4)). In addition, a public sign was placed near the site. 4. This tract is designated on the Land Use Policy Plan (LUPP) Map as Village/Suburban Residential. Such designation can accommodate either the current zoning or the proposed zoning. 5. The impact of the rezoning would be relatively minor and be consistent with other situations where differing residential densities abut each other. CONCLUSIONS. Based upon the above findings, staff makes the following conclusions: 1. The applicant for the proposed rezoning has standing to request the rezoning. 2. The application for the proposed rezoning was processed and placed in front of the Planning and Zoning Commission within the required timeframe. 3. Public notice was provided in a manner consistent with state and local law. 4. Staff could not find that the rezoning is inconsistent with the LUPP. Planning and Zoning Commission Meeting. The Planning and Zoning Commission held its meeting on May 21, 2008, to consider this action. A public input session was conducted in which no one spoke in opposition. The applicant spoke in favor of the request. Recommendation of the Planning & Zoning Commission. At its meeting of May 21 , 2008, with a vote of 5-0, the Planning &Zoning Commission recommended approval of the rezoning of land from Floating Suburban-Low Density Residential (FS-RL) to Floating Suburban-Medium Density (FSRM). 3 ALTERNATIVES: 1. The City Council can approve the rezoning of 0.63 acres of land from FS-RL Floating Suburban-Low Density Residential to FS-RM Floating Suburban-Medium based upon the findings of fact and the conclusions of staff. 2. The City Council can approve the rezoning of 0.63 acres of land from FS-RL Floating Suburban-Low Density Residential to FS-RM Floating Suburban-Medium Density Residential with specific conditions deemed reasonable and necessary to satisfy public needs which are directly caused by the requested change and by justifying such conditions by adopting their own findings of fact and conclusion. 3. The City Council can deny the rezoning of 0.63 acres of land from FS-RL Floating Suburban-Low Density Residential to FS-RM Floating Suburban-Medium Density Residential if the Council finds and concludes that the proposed rezoning is not consistent with adopted policies and regulations, or that the rezone will impose impacts that cannot be reasonably mitigated. 4. The City Council can defer action on this request and refer it back to City staff and/or the applicant for additional information. MANAGER'S RECOMMENDED ACTION: The conclusions of staff, based on the above findings, indicate that the proposed rezoning, because of its relative size and location, is not inconsistent with the LUPP. It is the City Manager's recommendation that the City Council act in accordance with Alternative#1, which is to approve the rezoning of 0.63 acres of land from FS-RL Floating Suburban-Low Density Residential to FS-RM Floating Suburban-Medium Density based upon the findings of fact and the conclusions of staff. 4 3..v rU: (IS U liL9 JPT46kJ.�T3 ny(kjS3h It1 f1 P .LI,:i(1tw r � ... 'R 10, u aJ i P � t I € r a i `k €3R �p�Pi ax 5� � < d9�m Z SA r�C.J iaca f c xa } a a 5iLJLl —rs la >y Q LLB a eat ¢ rs k ¢. x if - 011011 P it zh �g• g3g xX s SAWN, k 1 gg a � � L yByS b aS,,h r w, _:•, �s44ux��9��µ �SAe�o.�aR Fk «,•. is�tn k�ql E �r Z�':n '' t xS. r "„• �' t F h €E�' tFd iS [g5fR(r�t4 �6 a F � >s Ping di a ��dgu� fta IM a� a 3n i 5 Douglas R. Marek, City Attorney, 515 Clark Avenue,Ames, Iowa 50010 (515)239-5146 Return document to:City Clerk's Office,P.O.Box 811,Ames,IA 50010 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 29.1507 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 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located at the intersection of Stange Road and Bloomington Road, is rezoned from Suburban Residential Low Density(FS-RL)to Suburban Residential Medium Density(FS-RM). Real Estate Description: That part of the North Half of Section 28, Township 84 North, Range 24 West of the 5"P.M., City of Ames, Story County, Iowa, described as follows: Commencing at the Southeast Corner of the Northwest Quarter of said Section 28; thence S89°50'45"W, 399.95 feet along the Southerly line of said Northwest Quarter;thence N00°09'15"W,212.98 feet;thence N89°50'58"E,373.00 feet; thence N00°09'15"W, 344.00 feet to the Point of Beginning; thence N00°09'15"W, 17.68 feet to a point on a 1550.00 foot radius, non-tangent curve, concave Northwesterly;thence Northeasterly, 687.37 feet along said curve having a chord bearing N67'00'16"E, 681.75 feet to a point on a 1000.00 foot radius, non- tangent curve, concave Northeasterly; thence Southeasterly, 51.52 feet along said curve having a chord bearing S51°13'26"E, 51.51 feet to a point on a 1336.50 foot radius,non-tangent curve,concave Northwesterly;thence Southwesterly,722.33 feet along said curve having a chord bearing S69°20'28"W, 713.57 feet to the Point of Beginning, said tract containing 0.63 acres. 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 , 2008. Diane R. Voss, City Clerk Ann H. Campbell, Mayor 2