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HomeMy WebLinkAboutA004 - Council Action Form dated May 28, 2013 ITEM #: 29 DATE: 05-28-13 COUNCIL ACTION FORM SUBJECT: REQUEST TO REZONE 920 CARROLL AVENUE (WILLSON- BEARDSHEAR SCHOOL SITE) FROM GOVERNMENT/AIRPORT TO URBAN CORE MEDIUM DENSITY RESIDENTIAL BACKGROUND: Ames Community School District is requesting a rezoning of 920 Carroll Avenue from S- G/A (Government/Airport) to UCRM (Urban Core Medium Density Residential). The School District is proposing the sale of the former Willson-Beardshear School to Ames Community Pre-school Center. The pre-school is planning to relocate to this site following the rezoning and the approval of a Special Use Permit from the Zoning Board of Adjustment. The attached addendum provides background and analysis of this requested change of zoning. Staff's review of the request indicates that the request is consistent with the Land Use Policy Plan. Furthermore, there are no other issues that would preclude the use of the former school as pre-school. At the May 1 Planning and Zoning Commission meeting, the Commission heard from three neighbors in support of the rezoning and of the eventual use as a pre-school center. The Commission voted five to zero (with one abstention) to recommend approval of the proposed rezoning. See Attachment G for a summary of comments. Related to this property transaction, the school district is preparing an abstract for the school property. This site has long been owned by the school district, even prior to platting of many of the adjacent lots. The attorney for the school can find no evidence that the City ever took ownership of Carroll Avenue to the west of the school. To clear this title irregularity for the school district, at an upcoming meeting, the City Council will be asked to accept a quit claim deed for the Carroll Avenue right-of-way. No action on this is needed at this time, however, to approve rezoning. ALTERNATIVES: 1. The City Council can approve the request for the rezoning of land located at 920 Carroll Avenue from "S-GA" (Government/Airport) to "UCRM" (Urban Core Residential Medium Density). 2. The City Council can deny the request for rezoning of land located at 920 Carroll Avenue from "S-GA" (Government/Airport) to "UCRM" (Urban Core Residential Medium Density). 3. Action on this request can be postponed and referred back to City staff and/or the applicant for additional information. 1 MANAGER'S RECOMMENDED ACTION: A review of the Land Use Policy Plan's future land use map indicates that the proposed rezoning to Urban Core Medium-Density Residential is consistent with the One- & Two- Family Medium Density Residential. Further, there are no outstanding issues of utilities, traffic, or access that would preclude the use of this site for uses allowed in the district. Any specific impacts of the proposed development would be examined during the review of the Special Use Permit. It also appears that the neighborhood solidly supports this proposal. Based upon the Findings of Facts and Conclusions noted in the addendum, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby passing on first reading an ordinance rezoning 920 Carroll Avenue from "S-GA" (Government/Airport) to "UCRM" (Urban Core Residential Medium Density). 2 ADDENDUM BACKGROUND INFORMATION: On April 4, 2013, the Ames Community Preschool Center submitted an application requesting a rezoning of the property located at 920 Carroll Avenue from Government/Airport to Urban Core Residential Medium Density. Attachment A is a map of the location of the site. The current zoning is shown in Attachment B. If approved, the zoning map would be as shown in Attachment C. The applicant is in the process of purchasing the land from the Ames Community School District and is seeking the required approval of the rezoning and subsequent approval of a Special Use Permit to use the subject property as the new home of the Ames Community Preschool Center. Land Use Designation/Zoning. The LUPP designation is One- and Two-Family Medium Density Residential. The LUPP designation of the area is shown in Attachment D. The proposed rezoning is consistent with that designation 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 One & Two Family "S-GA" Medium Density Residential (Government/Airport) One & Two Family "UCRM" North Medium Density Residential (Urban Core Residential Medium Density) One & Two Family "UCRM" East Medium Density Residential (Urban Core Residential Medium Density) One & Two Family "UCRM" South Medium Density Residential (Urban Core Residential Medium Density) One & Two Family "UCRM" West Medium Density Residential (Urban Core Residential Medium Density) Existing Land Use. 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 Ames Community School District North Single-Family Homes East Single-Family Homes South Single-Family Homes West Single-Family Homes 3 Infrastructure. The subject area is already a developed lot and served by all City infrastructure. Public utility mains and streets are immediately adjacent to the subject property with infrastructure to serve the site. Access. The present configuration of the subject property's parking lot and access drive allows for access to the west onto Carroll Avenue. Impacts. The applicant intends to the use the subject property as a childcare center. This use is allowed under the requested zoning change with the approval of a Special Use Permit by the Zoning Board of Adjustment. Information supplied by the applicant indicates that the access drive in front of the building will be used for drops offs and pick- of children on weekdays. A food delivery truck will make drop offs once per week. Specific impacts of this proposed use will be more specifically addressed at the public hearing by the Zoning Board of Adjustment at a date yet to be determined. Notices will be provided to neighbors prior to that meeting. Goals of the Land Use Policy Plan (LUPP). 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." The plans for this site already have the necessary infrastructure in place and will reuse the building mostly as is. Applicable Laws and Policies. The City of Ames laws and policies that are applicable to this proposed rezoning are included in Attachment E. Applicant's Statements. The applicant has provided an explanation of the reasons for the rezoning (see Attachment F). Findings of Fact. 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 percent 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 representing 100 percent 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 "One- & Two-Family Medium-Density Residential." 3. The "One- and Two-Family Residential Medium Density" land use designation supports the "UCRM" (Urban Core Residential Medium Density) zoning designation. Under a "UCRM" zoning designation, a child day care facility is allowed with the approval of a Special Use Permit, which is what the applicant will request upon approval of a rezoning. 4 Public Notice. Notice was mailed to property owners within 200 feet of the rezoning area and a sign was posted on the subject property. Conclusions. 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 "UCRM" (Urban Core Residential Medium Density) zoning surrounding this site. 5 � r � ,4 MOP 1 � r � }� if '��• �' �'-� �ti mac° •� o� I n Attachment B Existing Zoning Hospital-Medical E 99TH ST cu w in Q af o J ri w _ cL Government/ Residential Airport Medium Density w ❑ E 9TH ST Urban Core Residential Medium Density Government/ Airport w ❑ 0 a o J � o ¢�¢ U U E 8TH ST •4 Existing Zoning N 7 Attachment C Proposed Zoning Hospital-Medical E 91TH ST cu Q w Of a O eL w F Residential Medium Density w a � I 0 E 4TH sT Urban Core Residential Medium Density Government/ Airport W o J � [Y U E",TH ST rt Proposed Zoning N 8 Attachment D LUPP Future Land Use Map E 99TH ST Medical d Uj a af ri w cL z F 5C Medium-Density Residential w 4 E 9TH ST One- & Two-Family Medium-Density Residential w w ❑ Government! Airport o ¢� U CJ E 8TH ST Land Use Policy Plan Map 9 Attachment E Applicable Laws and Policies The laws applicable to the proposed rezoning at 920 Carroll Avenue 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 Chapter 29, Section 703, Urban Core Residential Medium Density, includes a list of uses that are permitted in the Urban Core Residential Medium Density (RL) zoning district and the zone development standards that apply to properties in that zone. 10 Attachment F Applicant's Statement Ames Community Preschool Center 611 Clark Avenue Ames, IA 50010 515-233-2901 April 4.2013 Reasons for Rezoning Ames Community Preschool Center(ACPC)has purchased the former Willson-Beardshear School Building,located at 920 Carroll Avenue,Ames,Iowa. The closing date for the transaction is June 1.The building is currently zoned S-GA since it was used as a school building for many years. ACPC is a private non-profit agency which cannot operate with that zoning designation. Land Use Policy Plan Consistency The Land Use Policy Plan was instituted with the building being used as an Early Childhood Center. ACPC will continue the building use as an early childhood center. Current Zoning The Willson-Beardshear building is currently zoned S-GA. Proposed Zoning We are asking for the zoning to be the same designation as the rest of the neighborhood— UCRM. Proposed Use ACPC is a licensed nonprofit childcare center. We will provide childcare services for 100+ children in the building.We are also submitting a Special Use Permit to the Zoning Board of Adjustment to operate the childcare center. Legal Description Doolittles Add,N211.1 Lot 9 Blk 1 &Pt Lt 10 W1/2 NE Sec 2&Vac St,Ames,Story County,Iowa Land Area 2.53 acres 11 Attachment G Comments at Commission Meeting Irvin Netcott, 1227 Stafford Avenue, stated that he lives in the house directly to the north of this school since 1949. He stated that he feels that the proposed preschool would be a good use for this building and would fit into the neighborhood. Fred Bradner, 1111 Stafford Avenue, stated that his neighborhood has had good communication with the applicant and each other, and he welcomes the proposed project to their neighborhood. Al Kind, 219 E. 9t" Street, stated that he feels that this would be an excellent use for the property and would welcome the preschool into their neighborhood. 12 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 920 Carroll Avenue,is rezoned from"S-GA"(Government/Airport)to"UCRM" (Urban Core Residential Medium Density). Real Estate Description: Lot 10 in the West %2 of the Northeast %4, Section 2, Township 83 North,Range 24 West of the 5th P.M.EXCEPT commencing at a point on the North line of Sycamore Street (now East 9th Street) 367 feet West of the Southeast Corner of Lot 10; thence East 367 feet along the North right-of-way line to the Southeast Corner of Lot 10; thence North 422.1 feet to the Northeast Corner of Lot 10; thence West 359 feet on a line parallel to the north right-of-way line of Sycamore Street (now East 9th Street); thence South to the Point of Beginning; AND the North 211 feet of Lot 9, Block 1, Doolittle's Addition; AND the South 1/2 of the vacated alley lying immediately South of Blocks 3 and 4, Sunrise Addition to Ames,Iowa,except the East 202 feet thereof; ALL IN the City of Ames, Story County, Iowa. 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 , 2013. Diane R. Voss, City Clerk Ann H. Campbell, Mayor 2