HomeMy WebLinkAboutA003 - Council Action form dated July 15, 2008 1
ITEM #: a27
DATE: 07/15/08
COUNCIL ACTION FORM
SUBJECT: REZONING OF PROPERTY LOCATED AT 4401 WESTBROOK DRIVE
FROM PLANNED RESIDENCE DEVELOPMENT (F-PRD) TO
RESIDENTIAL LOW DENSITY (RL)
(Case # ZMA-08-03)
BACKGROUND:
Chuck Winkleblack has submitted an application to rezone land located at4401 Westbrook
Drive. The precise area of the rezone is shown on the attachment. The site is at the dead
end portion of Westbrook drive, and runs north across Clear Creek approximately 600 feet.
It is a 1 .37 acre flag shaped lot that was platted in 1980 as part of the Clear Creek
Planned Development (PUD). The PUD designation has since been replaced with the
Floating Planned Residence District (F-PRD) designation. This occurred in the year 2000
when the City replaced City-wide all PUD zoning designations with a newly adopted F-PRD
zoning designation.
The 1980 Clear Creek PUD was platted and developed with townhomes, which reflected
the type of development anticipated under the City Council approved PUD. This lot, a
portion of the original Clear Creek PUD, which is being considered for rezone, was
segregated from the portion with townhomes because it was across the creek from the rest
of the development. When the Clear Creek PUD was approved in 1980, it was intended
that this lot be developed for one single-family home. The intent is specifically noted on
the PUD plat.
This rezone is associated with a concurrently submitted preliminary plat application for
Estates West 2nd Addition. The rezone is necessary because the proposed subdivision
would break this portion off the existing F-PRD site, making it no longer part of the PUD
development plan.
Floodplain covers nearly the entire southern flagpole portion of this lot, which limits
construction activities because of the City of Ames Municipal Code, Chapter 9, Flood Plain
Regulations. A drainage easement to the City within the flood plain area is therefore
identified in the separately submitted preliminary plat, which will allow for long term
maintenance of Clear Creek.
The current Land Use Policy Plan designation for this site is "Low Density Residential".
The proposed RL zoning designation is consistent with the LUPP designation. The
Environmentally Sensitive Lands map designates the area as "Greenway" in the southern
portion of this property. Although the "Greenway" designation can refer to spaces
providing connectivity between parks, the City has determined that connectivity is already
provided by a shared use path in the public right of way between the dead end of
Westbrook Drive and connecting with the path along North Dakota Ave. Therefore, a
conservation easement to maintain open space and as well as allow the city to construct a
path on private property is not necessary.
The associated preliminary plat divides the current lot for two single-family homes, resulting
in an overall buildable area net density of 0.89 dwelling units per acre. This is consistent
with the allowable densities under the proposed RL zone.
Applicant's Statement In Support Of Rezone:
The applicant has submitted the following statement (shown in italics) in support of this
rezone:
"The reason for the rezoning request is that city staff requested that we change the
zoning to RL. This property was part of an old PUD. The balance of the properties in
that PUD is townhouses. Since this will now be part of our single-family
development it is appropriate for the zoning to be changed to RL.
This is an infill project within the corporate limits of the city. The development takes
property that otherwise was not able to be developed and makes 3 buildable lots
out of it in an efficient manner. A portion of this property is in the floodplain and we
are leaving that part of the property undeveloped and in its natural state."
Public Input:
There have been several phone calls generated by the two signs placed in the area of the
proposed rezoning. All callers seemed satisfied as additional information on the proposal
was supplied. None expressed opposition. Some did convey the message that they were
simply calling to ensure that Munn Woods was not being developed. Because of the
unusual shaped of the lot and topography, the property boundaries in relation to Munn
Woods are difficult to understand without viewing drawings depicting the layout of the site.
Staff Conclusions.
Based upon the above stated facts and analysis, the staff concludes that the proposed
rezoning is consistent with the LUPP, which includes the Land Use Policy Plan Map and
the Environmentally Sensitive Lands Map, both revised February 26, 2008 by City Council.
Recommendation of the Planning & Zoning Commission.
The Planning and Zoning Commission held its meeting on July 2, 2008, to consider this
action. Staff gave the report simultaneously with the Estates West 2nd Addition Preliminary
Plat because the same property is involved. A public input session was conducted in which
no one spoke in opposition. The applicant spoke in favor of the request. With a vote of 4-
0, the Planning & Zoning Commission recommended approval of the rezoning of 1.37
acres from "F-PRD" (Floating-Planned Residence District) to "RL" (Residential Low
Density), based on staff's findings and conclusions, with the following stipulation:
a. In order to be consistent with the Environmentally Sensitive Lands Map
for "Greenway," designation, the rezoning is contingent upon the
proposed easement over the floodplain portion of the property, which is
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proposed within the Estates West 2"d Addition Preliminary Plat
application submitted and revised June 24, 2008.
Staff determined after the commission meeting that this stipulation has already been
satisfied and therefore not necessary because a conservation easement for park
connectivity is not needed by the City and the proposed drainage easement is supported
by Municipal Code, 23.407(5), Storm Water Management, which satisfies the City Council's
intent of both the Subdivision Regulations and the Land Use Policy Plan. The commission
was presented with the fact that the conservation easement was not needed, but the
stipulation was not removed prior to the vote.
ALTERNATIVES-
1. The City Council can approve the rezoning of 1 .37 acres from "F-PRD" (Floating-
Planned Residence District)to "RL" (Residential Low Density) based upon the staff's
analysis and conclusions.
2. The City Council can deny the rezoning application of 1.37 acres from "F-PRD"
(Floating-Planned Residence District) to "RL" (Residential Low Density), if it makes
conclusions that the application is in conflict with the City's Land Use Policy Plan or
other City Council's objectives.
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:
The City Council can approve the rezoning of 1 .37 acres from "F-PRD" (Floating-Planned
Residence District) to "RL" (Residential Low Density) based upon the staff's analysis and
conclusions.
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Applicable Law
The laws applicable to this case file include, but are not limited to, the following: (verbatim
language is shown in italics, other references are paraphrased):
Section 29.701. Residential, Low Density.
(1) Purpose. This zone is intended to accommodate primarily single-family dwellings,
while accommodating certain existing two-family dwellings and other uses customarily
found in low-density residential areas.
Table 29.701(2). Residential, Low Density (RL) Zone Uses. This table defines the uses
allowed in the "RL" zone.
Table 29.701(3). Residential, Low Density (RL) Development Standards. This table
defines the development standards in the "RL" Zone.
Section 29.1507. Zoning Text and Map Amendments. This section describes the process
for reviewing and approving a rezoning proposal.
Section 23.407(5). Storm Water Management:
Dedicating Drainage Easements:Any necessary and appropriate public storm water
management measure shall be located in the right-of-way associated with a public way
to the extent practical. Any such measures that cannot be so located shall be located in
a perpetual unobstructed easement with satisfactory access to a public way and from a
public way to a natural watercourse or to other storm water management measure. Any
such easement shall be secured by the subdivider and dedicated to the City.
Iowa Code Section 414.5 Changes — protest. This section allows the City Council to
impose reasonable conditions on map amendments, provided that the conditions have
been agreed to in writing by the property owner before the required public hearing or any
adjournment of the hearing. The conditions must be reasonable and imposed to satisfy
public needs, which are directly caused by the requested change. Affected property
owners may file a protest of the change prior to or at the public hearing.
4
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Flood Insurance Rate Map (FIRM)
FEMA- City of Ames Flood information
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