HomeMy WebLinkAboutA001 - Council Action Form dated November 13, 2012 ITEM # 34
DATE: 11-13-12
COUNCIL ACTION FORM
SUBJECT: REZONING OF PROPERTY LOCATED AT 1519 TOP-O-HOLLOW ROAD
FROM AGRICULTURAL (A) TO RESIDENTIAL LOW DENSITY (RL)
BACKGROUND:
The applicant is proposing rezoning of the property at 1519 Top-0-Hollow Road for the
purpose of creating a lot for the construction of a single-family dwelling on this "rear"
parcel. The applicant has provided an explanation of the reasons for the rezoning (see
Attachment F). The parcel currently does not have frontage on a public street (see
attached Location Map and Rezoning Exhibit). Without such frontage, this is an
unbuildable parcel. Therefore, if the rezoning is approved, it is the intent of the property
owner to submit a subdivision plat to resubdivide the subject parcel and the parcel between
this site and Top-0-Hollow Road into two new lots with frontage and access for each from
this street. Approval of the rezoning, followed by approval of a Final Plat, would then
enable the property owner to obtain a building permit to construct an additional single-
family dwelling on this "rear" lot.
City ordinances and policies applicable to this proposed rezoning are included in
Attachment E.
This parcel, as well as all others adjacent to it, are designated as Low-Density Residential
on the Future Land Use Map in the Land Use Policy Plan. The following tables identify the
Future Land Use Map designations, existing zoning, and existing land use of the subject
property and properties surrounding the parcel proposed for rezoning.
If approved, the proposed rezoning would bring the subject property into conformance with
the Future Land Use Map (see Attachment B). The following tables provide the future land
use designation and zoning of the subject property and other surrounding properties.
Direction from Future Land Use Map Zoning Map
Subject Property Designation Designation
Subject Property Low-Density "RL"
Residential (Residential Low-Density)
North Low-Density "F-PRD"
Residential (Planned Residence Dist.)
East High-Density "A"
Residential (Agricultural)
South Low-Density "RL"
Residential (Residential Low-Density)
West Low-Density "F-PRD"
Residential (Planned Residence Dist.)
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Land uses that occupy the subject property and other surrounding properties are described
in the following table:
Direction from Existing Land Uses
Subject Property
Subject Property Vacant Land
North Open Space for Stone Brooke Subdivision
East Vacant Land
South Single-Family Home
West Open Space for Stone Brooke Subdivision
The subject property was voluntarily annexed into Ames in October, 2001. At the time of
annexation the property was automatically zoned as "A" (Agricultural). Other nearby
properties in the Kinyon-Clark Subdivision and The Reserve Subdivision annexed along
with the subject property have since been rezoned to accommodate residential
development in the area.
A lift station will be required to serve this proposed residential lot. Installation, maintenance
and operation of the lift station will be the responsibility of the property owner. Municipal
water and sanitary sewer mains are located in the right-of-way for Top-O-Hollow Road.
Service lines for water and sanitary sewer would be extended from these public mains to
serve the new residential lot. Municipal electric service would be provided from the Stone
Brooke Subdivision to the west of the subject property, provided an easement to cross the
open space is obtained by the property owner. Municipal electric service could also be
extended to the building site from existing Municipal electric lines in the Top-O-Hollow right-
of-way.
The present configuration of the subject property makes this a land-locked parcel with no
access from a public street. If the rezoning is approved, it is the intent of the property
owner to submit a Final Plat to resubdivide the subject property and the parcel between the
subject property and Top-O-Hollow Road to provide access to the rear lot from Top-0-
Hollow Road through the creation of a flag lot with frontage on that street.
The rezoning of this one parcel would be an extension of the "RL" (Residential Low-
Density)zone abutting the south property line of the subject property. This would leave two
parcels directly to the east of the subject property zoned as "A: (Agricultural). As with the
subject property, these two parcels are land-locked with no access and no frontage on a
public street. The owners of these two properties have not requested rezoning at this time,
nor is the City aware that they have any interest in selling their parcels to the applicant for
consolidation of the three parcels into a single lot. The two parcels cannot obtain a
building permit without access and frontage on a public street, regardless of whether they
remain zoned as agricultural land or are rezoned to "RL" at some point in the future.
The property owners live in the house on the parcel between the subject property and Top-
O-Hollow Road. The distance between Top-O-Hollow Road and the rezoning site is
approximately 390 feet. The impact of rezoning the subject parcel from "A" to "RL",
followed by replatting to meet access and frontage requirements, would enable the
construction of a new house on the subject property.
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The site is surrounded by properties that are densely planted with trees and shrubs. The
grade of the site slopes quite steeply to the northwest with a large open area that could
easily accommodate a new house. The houses on Woodhaven are closer than any others
in the vicinity, with the back side of the houses facing the site. A walking trail, as well as
the dense landscaping, provide a buffer between these existing dwellings and the subject
property.
Several of the ten goal statements of the Land Use Policy Plan (LUPP) speak indirectly to
this request for rezoning. However, Goal No. 5 seems to address the rezoning proposal
most directly since it states that "it is the goal of Ames to establish a cost-effective and
efficient growth pattern for development in new areas and in a limited number of existing
areas for intensification." Objective 5.C.states: "Ames seeks continuance of development
in emerging and infill areas where there is existing public infrastructure and where capacity
permits." Although this site does not allow for intensification of development in the area to
any significant degree, it does utilize an existing infill site for development of one additional
single-family home, in an area where the public utilities are in place to serve the site.
Based upon an analysis of the proposed rezoning and laws that are pertinent to the
applicant's request, staff makes the following findings of fact:
1. Ames Municipal Code Section 29.1507(2) allows owners of 50% or more of the area
of the lots in any district desired for rezoning to file an application requesting that the
City Council rezone the property. The property represented by the applicant is
entirely under one ownership, which meets the minimum requirements for ownership
of the property requested for rezoning.
2. The subject property has been designated on the Land Use Policy Plan (LUPP)
Future Land Use Map as "Low-Density Residential."
3. The "Low-Density Residential" land use designation is implemented through the"RL"
(Residential Low-Density) zoning designation, which is what the applicant is
requesting.
Based upon the analysis in this report, staff concludes that the proposed rezoning of the
subject property is consistent with the Future Land Use Map, as well as the Goals and
Objectives of the City of Ames Land Use Policy Plan. Although the land was zoned as "A"
(Agricultural) at the time of annexation into the city, surrounding properties have been
zoned for residential development that allows the construction of single-family dwellings.
Rezoning of the subject land would be a logical extension of the "RL" (Residential Low
Density) zoning to the south of this site.
Recommendation of the Planning &Zoning Commission.At its meeting of October 17,
2012, with a vote of 5-0, the Planning and Zoning Commission recommended that the City
Council approve the rezoning of 1519 Top-O-Hollow Road from A (Agricultural) to RL
(Residential Low Density).
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Letter Objecting to Rezoning. A letter was received on October 17, 2012, following the
Planning and Zoning Commission meeting, from the two neighbors that own land zoned as
"A" (Agricultural) (see Attachment G). One of parcels(1511 Top-0-Hollow)abuts the east
boundary of the parcel proposed for rezoning and is owned by Peggy Faden. The other
parcel (1503 Top-O-Hollow) abuts the land owned by Ms. Faden and is owned by Mr. Kim
Sharp.
ALTERNATIVES:
1. The City Council can approve the request for rezoning of land located at 1519 Top-0-
Hollow (rear) from "A" (Agricultural) to "RL" (Residential Low Density).
2. The City Council can deny the request for rezoning of land located at 1519 Top-0-
Hollow (rear) from "A" (Agricultural) to "RL" (Residential Low Density).
3. 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 proposed rezoning is consistent with the City's adopted Land Use Policy Plan.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1, thereby approving the request for rezoning of land located at 1519 Top-0-
Hollow (rear) from "A" (Agricultural) to "RL" (Residential Low Density).
SAPLAN_SHR\Council Boards Commissions\CC\1519 Top-0-Hollow Road Rezone-11-13-12.doc
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Attachment A
Location Map
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Location Map
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5
Attachment B
LUPP Future Land Use Map
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Land Use Policy Plan Map
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Attachment C
Existing Zoning
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WOODHAVEN CIR o Densit
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Residential ow Density
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Existing Zoning
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Attachment D
Proposed Zoning
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Planned Residence District
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WOODHAVEN CIR . I ow Densit
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TOP O HOLLOW-RD
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Proposed Zoning
1519 Top O Hollow
0 100 200 400
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8
Attachment E
Applicable Laws and Policies
The laws and policies applicable to the proposed rezoning at 1519 Top-O-Hollow Road
are as follows:
• Land Use Policy Plan (LUPP) Goals, Policies and the Future Land Use Map:
o The Land Use Policy Plan (LUPP) Future Land Use Map identifies the land use
designations for the property proposed for rezoning.
• Ames Municipal Code Chapter 29, Section 1507, Zoning Text and Map Amendments
,includes requirements for owners of land to submit a petition for amendment, a
provision to allow the City Council to impose conditions on map amendments, provisions
for notice to the public, and time limits for the processing of rezoning proposals.
• Ames Municipal Code Section 29. 701, Residential Low Density, includes a list of uses
that are permitted in the Residential Low Density (RL) zoning district and the zone
development standards that apply to properties in that zone.
• Ames Municipal Code Section 29.600, Agricultural, includes a list of uses that are
permitted in the Agricultural (A)zoning district and the zone development standards that
apply to properties in that zone.
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Attachment F
Applicant's Statements
Application for Rezoning
Checklist
September 5,2012
Explanation—
Owner is requesting a rezoning of the subject Parcels to have two reshaped RL-Residential Low Density lots.
Parcel 1 will remain a residential lot,but become smaller in size and similar in shape. Parcel 2 will become a new
residential flag lot with a new construction home to be built at a later date. Parcel 2 will be rezoned from"A-
Agricultural"to"RL-Residential"in order to develop the new flag lot into a residential lot.
Consistency with Land Use Policy Plan—
This rezoning is to remain consistent with the current land use policy plan and surrounding parcels which are
zoned Residential. Parcel 2 is currently zoned A-Agricultural but is taxed as a Residential lot. Rezoning Parcel 2
from A-Agricultural to RL-Residential Low Density will align the parcel with how it's currently being taxed as
well as allow consistency with the surrounding parcels in the neighborhood. Parcel 1 will remain a Residential lot
consistent with its present use and taxation,but reduce in size.
Current Zoning-
Parcel 1 is"RL—Low Density Residential",Parcel 2 is currently zoned"A-Agricultural"
Proposed Zoning—
Parcel 1 will remain"RL—Low Density Residential",Parcel 2 will be rezoned to"RL—Low Density
Residential"
Proposed Use—
The proposed use of both Parcel 1 and Parcel 2 is to be two separate RL-Residential Low Density lots. Parcel 1
will be sized down,but maintain the same shape. Parcel 2 will become a flag lot per city code requirements for
flag lots.
Legal Description—
The current legal description for both Parcels under one abstract and under title with the same owner is below.
When the two new parcels are developed,there will be a separate legal description and abstract for each new
parcel.
A part of the Southeast Quarter of the Northwest Quarter of Section 27.Township 84 North.Range
24 West of the 5`h P.M.,City of Ames,Story County,Iowa,being more particularly described as follows:
Commencing at a point 198.00 feet West of the Center of said Section 27 on the East and West 1/Section
line;thence North 390.5 feet parallel with the North and South 1/Section line to the point of beginning;
thence S88°36900"W.172.43 feet;thence N08129'51"E,273.49 feet;thence N88°36100"E, 132.00 feet;
thence S00°00'00"W,269.50 feet to the point of beginning,containing.94 acres.
Land Area—
Parcel 1 is currently 1.25 acres ---to become—.69 acres+/-
Parcel 2 is currently.94 acres---to become—1.5 acres+/-
Total of 2.19 acres
Map—
(See attached map) �f
Owner---
wner Date:
10
Attachment G
Letter Objecting to the Proposed Rezoning
RECEIVED 9Um andian Sharp
1503 Top-0-Hollow Road
jr] 2 3 [Olr Ames IA 50010
CITY OF AMES,IOWA
pEPT OF PLANNING 6 HOUSING
17 October 2012
Mr.Ray D.Anderson,Department of Planning and Housing
515 Clark Avenue
Ames IA 50010
Dear Mr.Anderson:
There was not adequate time for me to rearrange my pre-arranged appointments for
the evening of 17 October 2012. Therefore,I was unable to attend the Wednesday,17
October 2012 meeting during which the rezoning request of the homeowner located at 1519
Top-0-Hollow Road.
I am distressed that the agricultural-reserve nature of the properties owned by those
of us who chose to live on Top-0-Hollow Road because of this same quality,continue to find
the area less and less a reserve and more and more an increasingly densely populated area.
While we do understand the rights of private landowners,myself and the Fadens are
not in agreement with the request of the recent purchaser of the 1519 Top-0-Hollow Road
property to add yet one more home to what has been agricultural zoned property by
subdividing the lot,changing the zoning,and placing a home behind the existing home.
While we may have no power to stop this move,we are most upset about it. Further,
we feel that such a desperate move for home builders in Ames to find property on which they
may build a house may well be a function of the restrictive actions of the Planning and
Housing department. Case in point the lovely home recently completed on Hoover Avenue
that sits on a lot hardly large enough for a house!
Sincerel ,
Mr.M.K1m S ^®ps Mrs.Peggy Faden
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R. BRADLEY STUMBO P.O. BOX 1664 AMES. IOWA 50010 515-233-3689
REZONING EXHIBIT
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S88'36100"W 172.43'
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_ 33_ROWLINE - - - - - - - - - - - - - - - -
SBB'35'00'W 132.00' SB8'36'00"W 198.00'
CENTER
TOP 0 HOLLOW ROAD SECTION
27-84-24
Survey Description-Area to be Rezoned:
A part 0f the Southeast Quarter of the Northwest Quarter of Section 27, Township 84 North,
Range 24 West of the 5th P.M., City of Ames. Story County. Iowa, being more particularly
described as follows: Commencing at a point 198.00 feet West of the Center of said Section
27 on the East and West 1/4 Section line; thence North 390.5 feet parallel with the North
and South 1/4 Section line to the point of beginning: thence SBB'36'00'W. 172.43 feet:
thence N08'29'51"E, 273.49 feet; thence N88'35'00"E, 132.00 feet; thence S00'00'00'W.
269.50 feet to the point of beginning, containing 0.94 acres.
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 1519 Top-O-Hollow Road, is rezoned from following described real estate, is
proposed to be rezoned by ordinance from"A" (Agricultural)to "RL"(Residential Low Density).
Real Estate Description: A part of the Southeast Quarter of the Northwest Quarter
of Section 27, Township 84 North, Range 24 West of the 5' P.M., City of Ames,
Story County,Iowa,being more particularly described as follows: Commencing at a
point 198.00 feet West of the Center of said Section 27 on the East and West 1/4
Section line; thence North 390.5 feet parallel with the North and South 1/4 Section
line to the point of beginning;thence S88°36'00"W, 172.43 feet;thence N08°29'5I"
E,273.49 feet;thence N88°36'00" E, 132.00 feet;thence S00°00'00" W, 269.50 feet
to the point of beginning, containing .94 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 , 2012.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
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