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HomeMy WebLinkAboutA001 - 200 foot notification materials dated June 6, 2013 Memo Department of Planning & Housing Caring People Quality Programs T.rrnniinnn7.CPr�iry '1�`r TO: Diane Voss, City Clerk J U N - 6 2013 b '. FROM: Karen Marren, Planner CITY U DATE: June 6, 2013 SUBJECT: Revised Rezoning for 4130 Lincoln Swing Case File ZMA-13-06 The developer is requesting to Rezone a Portion of 4130 Lincoln Swing from Residential Low Density to Residential High Density. The Planning and Zoning Commission took action on the above-described request at the meeting held on June 5, 2013. The City Council will take action on the above-described request at the meeting scheduled for June 25, 2013. The labels for the 200' notification, map, and Commission Action Form are attached. Call me at x5400 if you have any questions. KM\lb Attachments SAPLAN SHR\Council Boards Comnissions\PZ\Clerk NoticeRevisedMasterPlan-RezoningMaster.doc PUBLIC NOTICE City Clerk's Office 515 Clark Avenue,P. O. Box 811 Ames, IA 50010 Phone: 515-239-5105 June 14, 2013 LEGAL NOTICE You are hereby notified that the City Council of the City of Ames, Story County, Iowa, will meet at 7:00 p.m. on June 25, 2013, in the Council Chambers of City Hall, 515 Clark Avenue, Ames, Iowa, to consider a proposed amendment to the Official Zoning Map of the City of Ames,Iowa,by changing the boundaries of the districts as shown on said map as provided in Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the following described real estate, generally located at 4130 Lincoln Swing, is proposed to be rezoned by ordinance from Residential Low Density"RL"to Residential High Density"RH." Real Estate Description: All that portion of the East 289.5 Feet of the East 35 Rods of the West 75 Rods of all that part of the Northwest Quarter (NW1/4) of the Northwest Quarter(NW1/4) of Section Eight(8), Township Eighty-three(83)North, Range Twenty-four(24)West of the 5`h P.M.,lying South of the Center Line of Public Street known as"Lincoln Swing",in the City of Ames,Iowa,EXCEPT the South 442 Feet thereof currently zoned as"RL"under the City of Ames,Iowa,zoning map, also described as follows: Beginning at the Northeast Corner of Lot 6, Cochrane's ls`Addition to Ames, Iowa; thence South to the Northwest corner of Lot 5, except the East 129.5 feet, Cochrane's ls`Addition to Ames,Iowa;thence West to the Northeast corner Lot 1, Cochrane's 1" Addition to Ames, Iowa; thence North to the Northeast Corner of Lot 4, Block 4, Beedles Subdivision to Ames, Iowa, thence Southwesterly along the Northern boundary of the"RL"zoning district to the point of beginning. You are hereby notified that the proposed ordinance making such a change is on file in the Office of the City Clerk. Any parties in interest and citizens may appear at the June 25,2013, Council meeting to testify for or against the proposed ordinance. Written testimony will also be accepted. Diane R. Voss, City Clerk VOGELZANG, STEVEN K VANETTEN, ARVALYN TRUSTEE GRABILL, RENEE M &VOGELZANG,JANE E VANETTEN, ARVALYN TRUST 216 ABRAHAM DR 230 ABRAHAM DR 222 ABRAHAM DR AMES, IA 50014 AMES, IA 50014 AMES, IA 50014 GREENE, WILLIAM G LONG, ANDREW J & LONG LINDSEY L SHELDON, CHRIS A 212 ABRAHAM DR 4117 APLIN RD &SHELDON, DIANNA L AMES, IA 50014 AMES, IA 50014 4121 APLIN RD AMES, IA 50014 HULSE, BRIAN C WHITE, DOUGLAS L& PURDY,J CHARLES 4125 APLIN RD WHITE, BRENDA K 209 WELLONS DR AMES, IA 50014 208 WELLONS DR AMES, IA 50014 AMES, IA 50014 WELLON'S DUPLEX LC YOUNGBERG, KIRK W & LIU, KUNWEI 404 NORTH DAKOTA AVE YOUNGBERG, LORI R 1048 STAUB CT NE AMES, IA 50014 3113 HARRISON RD CEDAR RAPIDS, IA 52402 AMES, IA 50010 ACTORS INC MCCALL, BILLY R& MCCALL,TERRY J LOGSTON, ELVEREAN PO BOX 1548 4413 S RETANO 226 ABRAHAM DR AMES, IA 50014 BROKEN ARROW, OK 74011 AMES, IA 50014 QUAM LIMITED PARTNERSHIP IOWA GRAND OAKS LLC SHARMA, SATISH &SHARMA, CHITRA 2200 HAMILTON DR APT 306 229 CALLE CAMPESINO 13923 BRIARWOOD LN AMES, IA 50014 SAN CLEMENTE, CA 92672 URBANDALE, IA 50323 OLSON, ROBERT A& WANG, LON &WANG, SINDY BEEDLE CO-OP INC OLSON, MARTHA HOLLAND 1201 BIG BLUESTEM CT 59595 250TH ST 101 ANDERSON ST AMES, IA 50014 NEVADA, IA 50201 JEWELL, IA 50130 126 BEEDLE DRIVE COOPERATIVE 4112 LINCOLN SWING COOPERATIVE G W COLLEGE PARK LLC HOUSING ASSOCIATION HOUSING ASSOCIATION PO BOX 1723 PO BOX 131 PO BOX 131 AMES, IA 50010 SULLY, IA 50251 SULLY, IA 50251 SEISER,JEAN A JANSEN, KEITH E HALL, RICHARD C JR& HALL, RENA S 219 BEEDLE DR 225 BEEDLE DR 800 N 500TH AVE AMES, IA 50014 AMES, IA 50014 AMES, IA 50014 SWANSON, ROBERT& A-T PROPERTIES SWANSON, LOIS B 1907 E WAYZATA BLVD STE 210 R R 1 BOX 143 WAYZATA, MN 55391 AMES, IA 50014 f PropertyOwner ADD1 VOGELZANG, STEVEN K&VOGELZANG,JANE E 230 ABRAHAM DR VANETTEN, ARVALYN TRUSTEE VANETTEN, ARVALYN TRUST 222 ABRAHAM DR GRABILL, RENEE M 216 ABRAHAM DR GREENE, WILLIAM G 212 ABRAHAM DR LONG, ANDREW J & LONG LINDSEY L 4117 APLIN RD SHELDON, CHRIS A&SHELDON, DIANNA L 4121 APLIN RD HULSE, BRIAN C 4125 APLIN RD WHITE, DOUGLAS L& WHITE, BRENDA K 208 WELLONS DR PURDY,J CHARLES 209 WELLONS DR WELLON'S DUPLEX LC 404 NORTH DAKOTA AVE YOUNGBERG, KIRK W &YOUNGBERG, LORI R 3113 HARRISON RD LIU, KUNWEI 1048 STAUB CT NE ACTORS INC PO BOX 1548 MCCALL, BILLY R & MCCALL,TERRY J 4413 S RETANO LOGSTON, ELVEREAN 226 ABRAHAM DR QUAM LIMITED PARTNERSHIP 2200 HAMILTON DR APT 306 IOWA GRAND OAKS LLC 229 CALLE CAMPESINO SHARMA, SATISH &SHARMA, CHITRA 13923 BRIARWOOD LN OLSON, ROBERT A&OLSON, MARTHA HOLLAND 101 ANDERSON ST WANG, LON &WANG, SINDY 1201 BIG BLUESTEM CT BEEDLE CO-OP INC 59595 250TH ST 126 BEEDLE DRIVE COOPERATIVE HOUSING ASSOCIATION PO BOX 131 4112 LINCOLN SWING COOPERATIVE HOUSING ASSOCIATION PO BOX 131 G W COLLEGE PARK LLC PO BOX 1723 SEISER,JEAN A 219 BEEDLE DR JANSEN, KEITH E 225 BEEDLE DR HALL, RICHARD C JR & HALL, RENA S 800 N 500TH AVE SWANSON, ROBERT&SWANSON, LOIS B R R 1 BOX 143 A-T PROPERTIES 1907 E WAYZATA BLVD STE 210 ADD2 CITY STATE ZIP PropertyAddress AMES IA 50014 200 ABRAHAM DR 202 AMES IA 50014 222 ABRAHAM DR AMES IA 50014 216 ABRAHAM DR AMES IA 50014 212 ABRAHAM DR AMES IA 50014 4117 APLIN RD AMES IA 50014 4121 APLIN RD AMES IA 50014 4125 APLIN RD AMES IA 50014 208 WELLONS DR AMES IA 50014 209 WELLONS DR AMES IA 50014 204 WELLONS DR 206 AMES IA 50010 200 WELLONS DR 202 CEDAR RAPIDS IA 52402 205 WELLONS DR AMES IA 50014 120 ABRAHAM DR BROKEN ARROW OK 74011 206 ABRAHAM DR AMES IA 50014 226 ABRAHAM DR AMES IA 50014 4226 LINCOLN SWING SAN CLEMENTE CA 92672 4210 LINCOLN SWING 4216 URBANDALE IA 50323 213 BEEDLE DR 215 JEWELL IA 50130 205 BEEDLE DR 207 AMES IA 50014 201 BEEDLE DR 203 NEVADA IA 50201 201 BEEDLE DR REAR SULLY IA 50251 129 BEEDLE DR SULLY IA 50251 4112 LINCOLN SWING AMES IA 50010 4130 LINCOLN SWING AMES IA 50014 219 BEEDLE DR 221 AMES IA 50014 225 BEEDLE DR AMES IA 50014 231 BEEDLE DR AMES IA 50014 4111 APLIN RD WAYZATA MN 55391 4211 LINCOLN SWING 4329 � r 3 00�0- F= 1 . s City of6;rrtes, IA 4130 Lincoln Swing_200Ft. Notice Ames ©City of Ames,Iowa makes no warranties,expressed or mplied, NORTH n cl udin g without I kn i tat on,any warranties of merchantability or fitness for a particular purpose.In no event shall the Cdy of Ames be liable for lost profits or any consequential or incidental damages caused by Date: 5/28/2013 1 inch = 703 feet the use of th is map. ITEM # 6 DATE: 06-05-13 COMMISSION ACTION FORM SUBJECT: REQUEST TO REZONE A PORTION OF 4130 LINCOLN SWING FROM RESIDENTIAL LOW DENSITY TO RESIDENTIAL HIGH DENSITY BACKGROUND: GW College Park, LLC submitted a rezoning request for the property at 4130 Lincoln Swing. The property's current use is a mobile home park. The owner is considering a redevelopment of the site to high density apartments. Based on the Land Use Policy Plan, the property carries a split land use designation, with the north half of the lot being designated within the general high density residential land use classification, while the south half is generally designated as low density residential land use classification. The property also has a split zoning designation, with a majority of the lot being zoned Residential High Density, while a small portion of the lot along the southern boundary is zoned Residential Low Density. Based on the zoning code when a property contains spilt zoning designations, the property must be developed based on the most restrictive zoning designation, in this case the low density residential. The owner would like to eventually redevelop the property into apartments which by zoning designation would require a residential high density designation. An argument could be made for both of the land use designations and zoning districts identified for the property with predominately high density uses along Lincoln Swing and the single family residences to the south, however, the Residential High Density zone is more in line with the abutting properties in the area and fronting on Lincoln Swing. The attached addendum provides more detailed background and analysis of this requested change of zoning. Staff's review of the request indicates that the request to rezone the lot to High Density Residential is consistent with the Land Use Policy Plan and current zoning designation within the surrounding area. Furthermore, there are no other issues that would preclude the use of this property to be redeveloped within the high density residential classification. ALTERNATIVES: 1. The Planning and Zoning Commission can recommend the City Council approve the request for the rezoning of a portion of the property located at 4310 4130 Lincoln Swing from "RL" (Residential Low Density) to "RH" (Residential High Density). 2. The Planning and Zoning Commission can recommend the City Council deny the request for the rezoning of a portion of the property located at 4310 4130 Lincoln Swing from "RL" (Residential Low Density) to "RH" (Residential High Density). 1 3. Action on this request can be postponed and referred back to City staff and/or the applicant for additional information. RECOMMENDED ACTION: A review of the Land Use Policy Plan's future land use map indicates that both Residential High Density and Residential Low Density land uses have been contemplated for this area. The properties fronting on Lincoln Swing, for the majority, have been zoned to be in line with the Residential High Density land use classification that prevails along Lincoln Swing. If the Commission agrees that the designation to the High Density Land Use is appropriate for this area, then the request to rezone the south portion of the subject property could be approved for the High Density Residential Zoning District. Further, there are no outstanding issues of utilities, traffic, or access that would preclude the use of this site for uses allowed in the high density district. Therefore, it is the recommendation of the Department of Planning and Housing that the Planning and Zoning Commission act in accordance with Alternative #1, which is to recommend that the City Council approve the request for rezoning of a portion of the land located at 4130 Lincoln Swing from "RL" (Residential Low Density) to "RH" (Residential High Density). S:\PLAN_SHR\Council Boards Commissions\PZ\Commission Action Form s\Rezonings\4130_Lincoln_Swing_Rezone-06-05- 13.d ocx 2 ADDENDUM BACKGROUND INFORMATION: The existing mobile home park on the subject property has existed since approximately 1972, prior to annexation by the City. On May 2, 2013, GW College Park, LLC submitted an application requesting a rezoning of a portion of the property located at 4130 Lincoln Swing from Residential Lot Density to Residential High Density. In an unusual twist, the property currently contains two different zoning districts, Residential Low Density and Residential High Density. The majority of the lot is zoned Residential High 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 existing property is currently used as a mobile home park which is not currently permitted under either the low density or high density residential districts. The applicant is considering the redevelopment of the site from the existing mobile home park to possibly high density residential apartments. No site plan has currently been submitted for review. Land Use Designation/Zoning. The following table provides 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 Low Density Residential & "RL" & "RH" Split Subject Property High Density Residential Split (Residential Low Density& Residential High Density) North Residential High Density "RH" Residential High Density) Low Density Residential & "RL" & "RH" East High Density Residential (Residential Low Density & Residential High Density) South Residential Low Density "RL" Residential Low Density) Low Density Residential & "RL" & "RH" West High Density Residential (Residential Low Density & Residential High Density) The LUPP Map indicates a split in the land use designation between Residential Low Density and Residential High Density land uses for the subject property. The LUPP designation of the area is shown in Attachment D. Chapter Two of the Land Use Policy Plan states that the location and extent of each use is general and intended to identify relationships among uses in an effort to create "efficient, compatible and viable development patterns for the community." Based on the LUPP, this area is generally established for high density residential abutting Lincoln Swing and then shows a less intense residential designation in the change to low density residential as you move south. 3 Section 29.302(2) of the zoning code states "when a lot held in single ownership is divided by a zone boundary line, the entire lot shall be construed to be within the more restrictive zone for purposes of complying with the requirements of the Ordinance, unless otherwise indicated on the Official Zoning Map or by resolution of the City Council." Based on the zoning code, even though the larger portion of the lot is zoned residential high density, a redevelopment would need to comply with the uses and development standards associated with the residential low density requirements of the zoning code, thereby only permitting single family residences or a small number of non- residential uses for the property. Even though there is a split in the future land use designation for the property, staff feels that a LUPP amendment is not needed, since the Land Use Policy Plan is intended to be a general land use policy guide. However, should the Commission feel the Land Use Policy Plan should be amended to designate a specific land use; a recommendation could be made addressing that desire to the Council. The proposed rezone request to residential high density is in line with the Land Use Policy Plan in that High Density Residential Land Uses are generally indicated for this area. The request is also in line with the existing zoning designations abutting and fronting on Lincoln Swing, which is the only means of street access available to this property. At the same time, an argument could also be made that the residential low density portion of the property should restrict the property to the lower intensity zoning, which again is in line with the Land Use Policy Plan and some of the surrounding single family properties to the south. However, that action would not be consistent with existing zoning of the properties abutting and fronting on Lincoln Swing. 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 Mobile Home Park North Apartment Buildings East Apartment Buildings & Single Family Homes South Single-Family Homes West Apartment Buildings, Ames Community Theatre & Single- Family Homes Infrastructure. The subject area is already a developed lot and is served by City water and sewer. Public utility mains and streets are immediately adjacent to the subject property with infrastructure to serve the site. There is no existing storm sewer infrastructure for this area as the area is served by a drainage ditch running along the north frontage of the property. Utility connections and runs and storm water management will be verified at the time of site development based on the use and site layout proposed. Access. The present configuration of the subject property's private streets allows for 4 vehicle access from the north onto Lincoln Swing. There is also existing pedestrian access from the existing side walk that extends the length of the frontage abutting Lincoln Swing. Impacts. The applicant intends to redevelop the subject property as a high density residential development. This use is allowed under the requested zoning change to the High Density Residential District (RH). The potential redevelopment to a new land use would eliminate the existing non-conforming use, and bring the property into conformance with the RH zoning district should the rezoning request be approved. The proposed land use to high density residential would also be in line with the apartment buildings existing on Lincoln Way and fronting Lincoln Swing in this area. There is, however, an impact to the south and southeast where the subject property backs up to the existing single family residential properties. The area zoned RL on the subject property could not be subdivided and left as a remaining RL property, since the potential lot would not have any frontage on a public street. There is also a concern regarding proximity of the single family homes along the south border of the subject site, since some of those properties have been constructed with minimal setbacks adjacent to the subject site. 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 S.C. states: "Ames seeks continuance of development in emerging and infill areas where there is existing public infrastructure and where capacity permits." 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 Land Use Policy Plan (LUPP) Future Land Use Map generally indicated this area of Lincoln Swing as "Residential High Density" land uses, while showing the relationship to "Residential low density" land uses as you move south in the single family neighborhoods. 5 3. The Zoning for the property is predominately high density as existing and would be in line with the surrounding and abutting properties on Lincoln Swing if designated wholly as High Density Residential. Public Notice. Notice was mailed to property owners within 200 feet of the rezoning area and a sign was posted on the subject property. A couple of phone calls have been received from the area residents asking what is being proposed for the lot, but no specific concerns over the actual rezoning request have been received by staff. Conclusions. Based upon the analysis in this report, staff concludes that the proposed rezoning of the subject property could be argued to be consistent with either of the land use designations of the Future Land Use Map, as well as with the Goals and Objectives of the City of Ames Land Use Policy Plan. Staff believes that given the current development in the area abutting and fronting on Lincoln Swing, the residential high density use makes the most sense from a land use standpoint. This designation is also consistent with the zoning of the properties abutting the majority of the subject lot and the property fronting the entire length of Lincoln Swing. The rezoning to Residential High Density would be a logical extension of the "RH" zoning surrounding the majority of this site. 6