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Home My WebLink AboutA001 - Request from Green Hills Retirement Community to refer zoning issues to staff - i�k+. ►-1q-11 NYEMASTER GooDE ct :sieve tth,,p. NYEMASTER,GOODE,WEST;HANSELL&O'BRIEN, 11C. ATTORNEYS&COUNSELORS AT LAW James B.West John F.Lorentzen Jeffrey W.Courier Mark A.Schultheis Kristina M.Stanger REGISTERED PATENT Edgar F.Hansel] Rod Kubat Hallie E.Still-Caris John T.Clendenin Michael J.Dayton ATTORNEYS R.Craig Shives Steven J.Roy David W.Benson Neal K.Westin Anna W.Mundy Glenn Johnson Keith E.Luchtel Frank B.Harty Brian J.Humke Stephanie L.Marett Matthew R.Eslick Robert W.Hoke Robert A.VanOrsdel James C.Wine Paula S.Dierenfeld Cory R.Harris Christian P.Walk Wendy K.Marsh Richard J.Sapp Bruce W.Baker Coreen K.Sweeney Stephanie G.Techau David T.Bower Ryan N.Carter G.R.Neumann Steven H.Lytle Antonio Colacino Patrick B.White Jay P.Syverson Sarah J.Gayer Gregory P.Page Terry C.Hancock Jill M.Stevenson Brad C.Epperly Ryan G.Koopmans Randall G.Horstmann Anthony A.Longnecker Angel A.West Scott A.Sandstrom Frances M.Haas OF COUNSEL Jay Eaton Kevin H.Collins Angela L.Watson Cook Angela C.Brick Samuel G.O'Brien Bradford L.Austin Joseph A.Qumn Mary E.Funk Benjamin P.Roach L.R.Voigts Sara J.Sersland Wade H.Schat Randall D.Armentrout Victoria A.Feilmeyer Gerald J.Newbrough Hayward L.Draper Mark D.Aljets Thomas M.Cunningham Jason L.Giles Drew R.Tillotson Michael W.Thrall G.Thomas Sullivan Denise M.Mendi K.Dwayne Vande Krol Frank B.Comfort Mark C.Dickinson Thomas H.Walton Robert D.Andeweg Kathleen K.Law Russell E.Schrage Gregory B.Wilcox Willard L.Boyd Ill Debra L.Hulett Mitchell R.Kunert Roger L.Ferris Luther L.Hill,Jr. Keri K.Farrell-Kolb L January 14, 2011 JA N 14 2011 Hon. Ann Campbell & Council Members 515 Clark Avenue CITY CLERK Ames IA 50010 CITY OFAMES,101NA Re: Request for Referral—Proposed Text Amendment Changes to the Code related to expansion of the Green Hills Community Dear Mayor Campbell and Council Members: Our office represents Green Hills Resident's Association and Green Hills Health Care Center, Inc., collectively known as the Green Hills Retirement Community. On October 27, 2010,the resident owners of the Green Hills Community voted to approve a transfer of real property to pave the way for an expansion plan that includes: (1)a modernization of the current healthcare center; (2)the development of a memory care unit and a new 14 bed skilled nursing wing, (3)the construction of a two-story Assisted Living unit, and (4)the addition of a one-story Wellness Center. The ballot measure received over 86% approval by the residents, and the expansion plan involved will be done at a cost of approximately 8.0 million dollars. Our client has been working with the City planning staff on subdividing the real estate in preparation for the planned expansion. To facilitate the expansion, several issues have arisen in our discussions with staff that require attention. Generally, the issues are as follows: l. USE ISSUES—The Green Hills Community was approved under Planned Unit Development Standards(PUD) from 1985. Changes to the zoning ordinance in 2000 resulted in the property being rezoned to a Planned Residence District(F-PRD) Floating Zone. Uses permitted in the F- PRD include Single Family Homes, Two-Family House, Apartment Building, and Townhouse. Table Victoria A.Feilmeyer Direct Number:(515)956-3915•Facsimile:(515)956-3990•E-Mail:vafeilmeyer@nyemaster.com 1416 Buckeye Avenue,Suite 200•Ames,IA 50010-8070•(515)956-3900 With offices in Des Moines,Ames and Cedar Rapids www.nyemaster.com January 14, 2011 Page 2 29.1203(4). Therefore,the current Green Hills Health Care Center is a legally nonconforming use as a result of the changes to the ordinance. Expansion of the Green Hills Community will require changes to Chapter 29 so that the anticipated Assisted Living facility and expanded health care center are allowed in the F-PRD Zone. Based on our discussions with the staff,our client asks that the Council refer this matter to staff to add "Group Living, if preexisting" to the Permitted Principle Uses within this zone,and add "Assisted Living,for the residents of the PRD" to the Permitted Accessory Uses. These changes will allow for the planned expansion and bring the current use into conformity with the zoning ordinance. 2. PARKING ISSUES— In our discussions with staff,our client has also determined that the parking requirements for the current and planned uses of the property will present challenges relative to minimum parking requirements. Current City parking standards require one parking space for every two beds in uses classified as"nursing homes." This standard is two and one-half times greater than the standard required under the state code of one space for each five beds. Iowa Administrative Code Chapter 481, Section 61.3 (1). Our client considers the City parking requirement excessive as it relates to its intended use of the property, particularly in light of the community aspect of Green Hills. Additionally, due to the intended lot configurations associated with the expansion, it will be necessary to meet parking requirements by allowing for"remote parking" within this zone. Under the F-PRD designation, remote parking arrangements are not allowed. Therefore,our client asks that the Council refer this matter to staff to consider modifying the minimum parking requirements to require a lesser number of spaces and allowing for remote parking. On behalf of our client, we ask that the City Council refer this request to City staff at its earliest opportunity. We also ask that other alternatives be considered as part of this referral to allow for the intended uses associated with the expansion and to reduce the amount of off-street parking required. Because construction season is set to begin in a few months, we ask for your assistance in responding to these requests as soon as possible. Yours very truly, NYEMASTER, GOODE, WEST, HANSELL & O'BRIEN, P.C., Victoria A. Feilmeyer Copy to: Director Steve Osguthorpe and Planner Sam Perry— Planning and Housing Department Office of the City Attorney Carrn reo 515 Clark Avenue,P. O.Box 811 8 P Q—hly a Ames,IA 50010 r'"e"ond Phone: 515-239-5105 Fax: 515-239-5142 January 21, 2011 Nyemaster Goode Law Firm 1416 Buckeye Avenue, Suite 200 Ames, Iowa 50010-8070 Attention Victoria A. Feilmeyer Dear Ms. Feilmeyer: At its meeting of January 18, 2011, the Ames City Council referred to staff your letter requesting modification of allowed uses and parking requirements pertaining to the planned expansion of the Green Hills Community. Your letter has subsequently been forwarded to Steve Osguthorpe, Director of Planning & Housing, for response. You will be notified when this item is scheduled on a City Council meeting agenda. If you have questions in the interim, please feel free to contact Mr. Osguthorpe at 239-5400. Thank you. Sincerely, Diane Voss City Clerk /dry Copy to: Steve Osguthorpe