HomeMy WebLinkAboutA004 - Council Action Form dated January 8, 2013 ITEM # 16
DATE: 01-08-13
COUNCIL ACTION FORM
SUBJECT: REZONING OF PROPERTY LOCATED AT 2008 24" STREET FROM
RESIDENTIAL LOW DENSITY (RL) TO RESIDENTIAL HIGH DENSITY
(RH)
BACKGROUND:
On June 7, 2012, First Evangelical Free Church (property owner) and Northcrest
Community (applicant) submitted a letter to the Ames City Council requesting that the
City Council consider their request to grant a Land Use Policy Plan Map Change and a
rezoning of the same property at 2008 24t" Street from Low-Density Residential to High-
Density Residential.
On July 10, 2012, the City Council passed a motion directing that the Land Use Policy
Plan Map Change be processed as a "minor amendment."
On August 2, 2012, the applicant submitted a completed application for a Land Use
Policy Plan (LUPP) Map Change for analysis by City staff and consideration by the
Planning and Zoning Commission and City Council. Northcrest Community intends to
purchase the land from First Evangelical Free Church upon City Council approval of the
LUPP Map Change and rezoning of the subject property for development as High-
Density Residential.
On September 25, 2012 the City Council approved the minor amendment to change the
LUPP land use designation to High Density Residential. The City Council also approved
a motion for staff to work with the applicant to include conditions on the rezoning that
would mirror the existing uses by Northcrest.
The City of Ames laws and policies that are applicable to this proposed rezoning are
included in Attachment E.
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 LUPP Map Zoning Map
Subject Property Designation Designation
Subject Property High-Density "RL"
Residential (Residential Low-Density)
North Village/Suburban "S-GA"
Residential (Government/Airport)
East High-Density "RH"
Residential (Residential High-Density)
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South Low-Density "RL"
Residential (Residential Low-Density)
West Low-Density "RL"
Residential (Residential Low-Density)
Land uses that occupy the subject property and other surrounding properties are
described in the following table:
Direction from Existing Land Uses/
Subject Property Ownership of Properties
Subject Property Church/
First Evangelical Free Church
North Vacant Land/
Ames Community Schools
East Senior Housing/
Northcrest Community
South Single-Family Homes/
Individual Home Owners
West Single-Family & Two-Family Homes/
Individual Home Owners
The subject area is already a developed lot and served by all City infrastructures.
Public utility mains and streets are immediately adjacent to the subject property with
infrastructure to serve a redevelopment of the site.
The present configuration of the subject property allows for access to the north onto 24th
Street. If the rezoning is approved, it is the intent of the property owner to complete the
purchase of the subject property and consolidate their existing property with the subject
property into a single parcel of land.
The rezoning of this one parcel would be an extension of the "RH" (Residential High-
Density) zone abutting the east property line of the subject property. The subject
property is in a prime location as an infill site for high-density residential development
given the access to 24th Street (a minor arterial), and access to 20th Street (a collector).
It should be noted that the Northcrest Community development abuts not only the
subject property, but also presently abuts the low-density residential development to the
south, occupied by single-family detached homes. Expansion of the Northcrest
development would extend senior housing facilities to abut other single-family homes
that front Prairie View East Street to the south and two-family dwellings that front Prairie
View West Street along the western boundary of the site.
The back yards of the single-family lots to the south serve as a landscaped buffer
between the houses and the subject property. It could be reasoned that the existing
development as a religious institution is more intense in its nature than would be the
extension of senior housing facilities on the subject property. The openness of the
existing Northcrest Community development is very different than the large amount of
impervious surface composed of buildings and parking lots/drives on the developed
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church site. Extension of Northcrest and demolition of the existing church facilities, if
developed in a manner similar to the existing senior housing facilities, would greatly
increase the on-site open space and landscaped areas for storm water infiltration as
compared to the more auto-dependent church development.
This zoning change to high-density residential is particularly compelling because it is a
logical extension of high-density residential development to the west, and will transition
to lower density development with landscaped back yards to the south and two-family
dwellings to the west.
Several of the ten goal statements of the 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." This site could allow for intensification of development in an already
developed area by utilizing an existing infill site for development of residential units, in
an area where the public utilities are already in place to serve the site.
Based upon an analysis of the proposed rezoning and laws 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 "High-Density Residential."
3. The "High-Density Residential" land use designation is implemented through the
"RH" (Residential High-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. Staff
believes the rezoning of the subject land would be a logical extension of the "RH"
(Residential High Density) zoning to the east of this site.
If the zoning classification is changed to High-Density Residential but the subject
property is not developed as senior housing, apartment buildings could be constructed
on this land. The Zoning change could be approved with conditions that the use of the
site be limited to uses, consistent with or existing on the current Northcrest senior care
facility property. That could include such uses as senior housing consisting of
townhome or apartment style residences, assisted living facilities, nursing care facilities
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or specialized care facilities. There could also be a condition to not exceed existing
building heights or be limited to 50 feet or 4 stories (this would be in line with the RM
zoning district).
Recommendation of the Planning & Zoning Commission. At its meeting of
November 28, 2012, with a vote of 6-0, the Planning and Zoning Commission
recommended that the City Council approve the rezoning of 2008 24t" Street from RL
(Residential Low Density) to RH (Residential High Density) with the following conditions;
1) The use of the site be limited to only senior housing and/or senior services
facilities, consistent with or existing on the current Northcrest senior care
facility property, such as; senior housing consisting of townhome or
apartment style residences, assisted living facilities, nursing care facilities or
specialized care facilities, and
2) The maximum building height not exceed the existing building height of the
current Northcrest property or 50 feet or 4 stories, whichever is lower.
Mr. David Miller, President of Northcrest, asked that the commission add language
regarding "senior services" to the conditions outlined by staff. A member of the
community asked the Commission if there was a study done on adjacent property
values and also asked if the deal between the church and Northcrest fell through could
apartments be built on the site. The Commission clarified that the conditions being
discussed would limit the uses to mimic the existing Northcrest facility. Mr. Terry
Dezonia, representing the First Evangelical Free Church thanked the staff for their work
on this case as well as Northcrest and First Evangelical Free Church. He stated that he
and the church are fully supportive of the project.
Conditions of Rezoning Request. Staff has met with the Northcrest representatives
and has reviewed the Zoning Ordinance to determine what services can be permitted
under the zoning classification of "RH" High Density Residential to accommodate the
request from Northcrest and the condition of the Planning and Zoning Commission to
allow for "senior services" on the property. Staff has found that uses listed under both
categories of Group Living and Community Facilities could be limited for the property to
accommodate the needs of the Northcrest facilities and still be in line with code for RH
zoning. Staff also notes that a height condition as recommended by the Planning and
Zoning Commission could also be included to help to minimize the impact to the
surrounding properties and be consistent with the Council request to mimic the existing
Northcrest facilities.
1. Group Living: Defined as, "Residential occupancy of a structure by a group of
people who do not meet the Household Living definition. Size is larger than the
average household size. Average length of stay is 60 days or longer. Structures
generally have a common eating area for residents. Residents may receive any
combination of care, training, or treatment, or none of these as long as they also
reside at the site."
Uses for the site be conditioned to include Group Living uses, limited to
Assistant Living Facilities, Congregate Housing primarily dedicated to
senior facilities, Hospices, and Nursing and Convalescent Homes and any
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accessory recreational facilities permitted under the code accessory to the
senior housing or nursing care provided on the site.
2. Community Facilities: Defined as, "Uses generally providing a local service to
people of the community. Services are generally provided on the site or
employees are at the site on a regular basis. The service is ongoing, not just for
special events. Community centers or facilities that have membership provisions
are open to the general public to join at any time (e.g. any senior citizen could
join a senior center). The use may also provide special counseling, education, or
training or a public, nonprofit or charitable nature. Alternative incarceration
centers are not included in this definition."
Uses for the site be conditioned to include Community Facilities, limited to
Community Centers, Senior Centers, and any accessory uses permitted
under the code that would be accessory to the senior services provided on
the site such as, offices, meeting rooms, food preparation areas, health and
therapy areas, day care uses primarily dedicated to senior clients, and
athletic facilities.
3. The maximum building height not exceed the existing building height of the
current Northcrest property or 50 feet or 4 stories, whichever is lower.
If agreed upon by the Council, a development agreement has been drafted that
accommodates the three use conditions as outlined in the report for the rezoning of the
property at 2008 24t" Street.
ALTERNATIVES:
1. The City Council can approve on first reading the ordinance to rezone the land
located at 2008 24t" Street from "RL" (Residential Low Density) to "RH" (Residential
High Density) with the conditions noted in the attached development agreement.
2. The City Council can approve on first reading the ordinance to rezone land located
at 2008 24t" Street from "RL" (Residential Low Density) to "RH" (Residential High
Density) without conditions.
3. The City Council can deny the request for rezoning of land located at 2008 24t"
Street from "RL" (Residential Low Density) to "RH" (Residential High Density).
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:
With the inclusion of the outlined conditions of use which are in line with the request of
the City Council and consistent with the City's adopted Land Use Policy Plan, it is the
recommendation of the City Manager that the City Council adopt Alternative #1, thereby
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approving on first reading the ordinance to rezone the land located at 2008 24t" Street
from "RL" (Residential Low Density) to "RH" (Residential High Density) with the
conditions noted and outlined in the development agreement.
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Attachment E
Applicable Laws and Policies
The laws applicable to the proposed rezoning at 2008 24t" Street are as follows:
• Land Use Policy Plan (LUPP) Goals, Policies and the Future Land Use Map:
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. 704, Residential High Density, includes a list of
uses that are permitted in the Residential High Density (RH) zoning district and the
zone development standards that apply to properties in that zone
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: Judy K.Parks,City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010;515-239-5146
Return recorded document to: City Clerk,City of Ames,515 Clark Ave.,P.O.Box 811,Ames,IA 50010
DEVELOPMENT AGREEMENT PERTAINING TO
NORTHCREST EXPANSION SITE LOCATED AT 2008 24th STREET
THIS AGREEMENT, made and entered into this day of January, 2013, by and between
the City of Ames, Iowa (hereinafter called "City") and Northcrest, Inc. (hereinafter called
"Developer"), their successors and assigns.
WITNESSETH THAT:
WHEREAS, First Evangelical Free Church owns property located at 2008 24th Street on which
they have their main church structure and accessory uses, and Northcrest, Inc., is the owner of
the property immediately to the south and abutting that of the church; and
WHEREAS, Northcrest, Inc., operates a continuing care retirement facility on the property
immediately east of First Evangelical's property, but Northcrest, Inc., finds that it needs
additional land onto which it can expand its facilities; and
WHEREAS, the two entities have reached agreement whereby First Evangelical Free Church
would sell its church building and land to Northcrest, Inc., contingent on a rezoning of the
church parcel to allow for expansion of Northcrest's facilities; and
WHEREAS, this proposal has been considered in open public meeting by the Ames City
Council and conceptually approved with the first step being a Land Use Policy Plan map change;
and
WHEREAS, the next step in furthering this would be a rezoning of the property, which the City
has determined is appropriate if certain conditions are met; and
WHEREAS, this Agreement is to memorialize the conditions under which a rezoning is
appropriate.
1
NOW, THEREFORE, the City and Northcrest, Inc., have agreed and do agree as follows:
I.
PURPOSE
A. It is the purpose of this agreement to:
1. Document, record and give notice of a certain plan of development with
specific allowed uses and development conditions binding upon Developer
as the prospective purchaser of this property, pursuant to which the City of
Ames will rezone the property located at 2008 24th Street from RL (Low
Density Residential) to RH (High Density Residential).
2. Provide remedies to the City in the event the said plan of development is
not adhered to or achieved by Developer.
B. This agreement does not create or vest in any person, entity or organization, other
than the City, any rights or cause of action with respect to any performance,
obligation, plan, schedule or undertaking stated in this agreement with respect to
the Developer. This agreement does not prevent the City from amending,
modifying or releasing the Developer from some or all of the provisions of this
agreement. No person shall have any cause of action or recourse against the City
or Developer by reason of any such amendment, modification or release.
II.
CITY'S REMEDIES
A. In that the Developer seeks to persuade and induce the City to approve a rezoning
of the property for the development and improvement based on specific uses and
intensities of development, the City shall not approve a Minor Site Development
plan nor shall it issue a demolition permit, building permit, occupancy permit or
any other approval or permit of the City with respect razing, excavation,
construction, reconstruction, remodeling or use on the site unless said work and
use are undertaken in accordance with the provisions of this agreement. No
occupancy permit shall be granted for any use on the site which is not in
conformance with the provisions of this agreement.
B. All ordinances, regulations and policies of the City now existing, or as may
hereafter be enacted, shall apply to the site.
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III.
USE RESTRICTIONS
A. Uses Restricted to Group Living and Community Facilities.
1. The Developer agrees that it shall restrict its uses on this site to either
Group Living or Community Facilities, as follows:
Group Living is defined as "Residential occupancy of a structure by a
group of people who do not meet the Household Living definition under
the City of Ames Zoning ordinance. Size is larger than the average
household size. Average length of stay is 60 days or longer. Structures
generally have a common eating area for residents. Residents may receive
any combination of care, training or treatment, or none of these, as long as
they also reside at the site."
Uses that the City will allow under "Group Living" that fit within the
Developer's intent are Assistant Living Facilities, Congregate Housing
primarily dedicated to senior facilities, Hospices, Nursing and
Convalescent Homes. Recreational facilities are the only permitted
accessory use, defined as any building, structure, portions thereof, land or
water designed and used for exercise, relaxation or enjoyment. These
facilities shall be primarily dedicated to senior users.
Community Facilities are defined as "Uses generally providing a local
service to people of the community. Services are generally provided on
the site or employees are at the site on a regular basis. The service is
ongoing, not just for special events. Community centers or facilities that
have membership provisions are open to the general public to join at any
time (e.g. any senior citizen could join a senior center). The use may also
provide special counseling, education or training of a public, nonprofit or
charitable nature. Alternative incarceration centers are not included in this
definition."
Uses that the City will allow under Community Facilities that fit within
the Developer's intent are Community Centers and Senior Centers.
Accessory uses can include offices, meeting rooms, food preparation
areas, health and therapy areas, day care uses primarily dedicated to senior
care, and athletic facilities primarily dedicated to senior users.
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IV.
BUILDING HEIGHT RESTRICTION
A. Height restriction
The Developer agrees that it shall restrict the height of structures at or on
this site to a maximum building height that does not exceed the existing
building height of the current Northcest, Inc., property, or fifty (50) feet,
or four (4) stories, whichever is lower, for all buildings on this site.
V.
COVENANT WITH THE LAND
This agreement is binding on the premises legally described as follows:
The west one-half of the Northeast Quarter of the Southwest Quarter of the
Northwest Quarter of Section 34, Township 84 North, Range 24 west of the 5tn
P.M., Ames, Story County, Iowa.
It is expressly understood that the terms and obligations of this agreement shall survive and
remain in effect for the above-described premises regardless of whether these premises are
consolidated or replatted with other land at a future time.
The obligations created by this agreement shall run with the land and shall be binding upon the
Developer, its successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
effective as of the date first above written.
CITY OF AMES, IOWA, GRANTEE
By:
Ann H. Campbell, Mayor
Attest by:
Diane R. Voss, City Clerk
STATE OF IOWA, COUNTY OF STORY, ss:
On this day of , 2013, before me, the undersigned, a Notary Public
in and for said State,personally appeared Ann H. Campbell, Mayor, and Diane R. Voss, City Clerk, to me
known to be the identical persons named in and who executed the foregoing instrument, and
acknowledged that they executed the same as their voluntary act and deed.
Notary Public in and for the State of Iowa
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NORTHCREST, INC., GRANTOR
By:
David Miller, President
By:
Harris Seidel, Secretary
STATE OF IOWA, COUNTY OF STORY, ss:
This instrument was acknowledged before me on 2013, by David
Miller and Harris Seidel, as President and Secretary,respectively, of Northcrest, Inc.
Notary Public in and for the State of Iowa
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Douglas R.Marek,Ames City Attorney,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146
Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105
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 2008 24'Street,is rezoned from
Residential Low-Density(RL)to Residential High-Density(RH).
Real Estate Description: The West one-half of the Northeast Quarter of the Southwest Quarter of the
Northwest Quarter of Section 34,Township 84 North,Range 24 West of the 5'P.M.,Ames,Story County,
Iowa, containing 5.07 acres,which includes 0.25 acres of existing public Right-of-Way.
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 12012.
Diane R. Voss,City Clerk Ann H. Campbell, Mayor