HomeMy WebLinkAboutA003 - Council Action Form dated March 22, 2011 ITEM # 34
DATE 03-22-11
COUNCIL ACTION FORM
SUBJECT: REQUEST FROM GREEN HILLS COMMUNITY FOR ZONING
ORDINANCE TEXT AMENDMENTS RELATED TO PLANNED
RESIDENCE DISTRICT (PRD)
BACKGROUND:
A recent review of the proposed expansion of a residential Planned Residence District
(PRD) revealed three sections of zoning code that posed obstacles for the property
owner. Nyemaster Law Firm addressed the City Council by letter requesting text
amendments needed to facilitate the expansion of the Green Hills Community. The City
Council referred the letter at its meeting of January 18. Victoria Feilmeyer, attorney
representing the Green Hills Community, followed up the referral with an application for
text amendments as noted in the three subsections below.
PRD Uses
Prior to 2000, the zoning code allowed general discretion by the City Council to permit
uses in residential PRDs that "were for the service and convenience of the residents"
(see attached excerpt from the 1985 Zoning Code). In 2000 the approach was revised
to a more narrowly defined listing of specific uses. This resulted in creating a
nonconforming use of "nursing home" at Green Hills, which was originally developed in
1986. Rather than propose revising the use provisions back to the method that existed
prior to 2000, Green Hills is requesting that their specific uses be added to the narrowly
defined list so that their proposed expansion can proceed. Staff believes that the
addition of the broader category of "Group Living," which includes nursing homes, as
well as other uses (such as fraternities and sororities), would be too broad because it
would allow group living in all PRD's in the city. That would be a rather significant
change requiring further analysis and discussion. Therefore, the applicant proposes
language that would allow group living in PRD's only if it already exists. This
would be accomplished by adding "Group Living, if pre-existing" to the list of
permitted uses in a PRD. This would then allow any existing types of group living
to expand in a PRD, but it would not allow them to be newly established.
The proposed amendment would eliminate the non-conforming status of the
existing Green Hills nursing home facility, thereby allowing its expansion. But
Green Hills also wishes to establish an assisted living facility to serve the PRD.
"Assisted Living" is listed under the broader "Group Living" use category, but
there is no such facility in the Green Hills PRD. The proposed text amendments
therefore include adding "Assisted Living" to the list of permitted accessory uses
in the PRD zone. However, Green Hills is sensitive to the original intent of the
PRD to be primarily residential with some limited supporting uses. Therefore, as a
way to ensure that Assisted Living in PRDs would only be for the residents and
not for the general public, the proposed text would read, "Assisted living, for the
residents of the PRD". [Emphasis added]
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Staff is supportive of this text amendment because staff believes that these can be
supporting uses. The proposed amendment to Ames Municipal Code Table 29.1203(4),
Planned Residence District (F-PRD) Floating Zone Uses, is shown in the attached draft
ordinance.
Minimum Parking for Nursing and Assisted Living
Current parking requirements for nursing and assisted living uses are one space for
each 2 beds plus one space for every 2 staff members on the largest shift. The
applicant is requesting the reduction of parking requirement to one space for
every five beds. Staff is supportive of this request because one space for every
five beds is consistent with Iowa Administrative Code Chapter 481, Section 61.3
(1). This would reduce parking requirements for nursing homes and assisted living
facilities city-wide. Observations by the applicant and by city staff of nursing homes and
assisted living facilities are that parking lots for these uses are largely underutilized with
only a few visitors at any given time. There is never one visitor for every other occupant,
and typically the occupants do not store cars at the facility because they either do not
drive, or they keep their cars off-site. The proposed change would require amendment
to Ames Municipal Code Table 29.406(2), Minimum Off-Street Parking Requirements.
Remote Parking for F-PRD
Remote parking is allowed in some zones when the minimum parking requirement can
not be met on the same lot as the use. The applicant proposes adding F-PRD to the list
of zones that allow remote parking. It is unusual for F-PRDs to have more than one lot.
However, in the case of Green Hills, the PRD is very large and there are two entities
that exist: the homeowners and the health center. Therefore there are lot lines between
uses. The reduction of the parking requirement and the addition of the PRD zone to the
remote parking list would facilitate adequate parking provisions without creating
excessive additional parking that is unnecessary for the use. The proposed change
would require amendment to Ames Municipal Code Section 29.406(18), Remote
Parking.
The above-proposed amendments are shown on the attached draft ordinance.
Recommendation of the Planning and Zoning Commission. At its meeting of March
16, 2011 , with a vote of 4-0-1 (1 abstention), the Planning and Zoning Commission
recommended that the City Council approve the text amendments as proposed (see
attached ordinance).
ALTERNATIVES:
1 . The City Council can approve the text amendments as proposed above.
2. The City Council can approve the text amendments as proposed, with modifications.
3. The City Council can decide not to approve the proposed text amendments.
4. The City Council can refer this issue back to staff for further information.
MANAGER'S RECOMMENDED ACTION:
The applicant is requesting Council approval of the amendments so that Green Hills can
move forward with site plan review of their expansion. Staff finds that the proposed
amendments are consistent with the Land Use Policy Plan, the stated intent of the
current zoning code, and State standards pertaining to parking facilities for
nursing homes and assisting living facilities. They would also eliminate the
existing non-conforming status of the Green Hills nursing home that resulted
from the initial adoption of the PRD standards. Therefore, it is the
recommendation of the City Manager that the City Council act in accordance with
Alternative #1, which is to approve the proposed amendments as shown on the
attached draft ordinance.
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