HomeMy WebLinkAboutA003 - Council Action Form dated April 22, 2014 ITEM # 37
DATE: 04-22-14
COUNCIL ACTION FORM
REQUEST: REZONING AND MASTER PLAN FOR 3699 GEORGE WASHINGTON
CARVER AVENUE (PROPOSED SCENIC VALLEY SUBDIVISION)
BACKGROUND INFORMATION:
Hunziker Land Development owns 120 acres of land west of George Washington Carver
Avenue east of Squaw Creek. This land, previously known as the Athen property, was
annexed into the City in December 2013. A general location map is found in Attachment A.
At the time of annexation, the developer agreed to three basic development requirements
for the site. This included the developer paying for the cost of off-site sanitary sewer
improvements, restrictions on habitable structures in the environmentally sensitive area,
and seeking rezoning to Suburban Residential Low-Density (FS-RL).
The subject site has a Village/Suburban Residential Land Use Designation with a portion
of the site designated with an Environmentally Sensitive Overlay (see Attachment B). The
owner proposes the development of a residential subdivision to be known as Scenic Valley
and is requesting a rezoning from A-Agriculture to FS-RL. FS-RL is consistent with the
underlying land use designations; and requires a minimum net development density of
3.75 units per acre. On March 4, 2014, the City Council indicated the need for a Master
Plan to accompany the rezoning request. A full description of the rezoning process and
plan is included in the attached addendum.
The proposed Master Plan shows between 85 and 145 units of single-family detached
homes and between 25 and 45 units of single-family attached homes (town homes)
developed on approximately 73 gross acres. The Master Plan includes approximately 47
acres of land protected from development. This protected area is at the southwest corner
of the site with mostly wooded steep slopes and an open flood plain. The tree area
appears to have voluntarily sprouted since the 1950s to 1960s during ownership by a prior
property owner. Staff notes that there is also a natural gas transmission line within a 75-
foot wide easement that traverses the middle of the site. Development would be precluded
within this gas transmission line easement.
With the Master Plan, the developer has described their intentions for the protected area.
The protected area roughly corresponds with the Environmentally Sensitive Overlay land
use designation on the site. The developer proposes to limit structures to only that general
area shown in red/orange area on the Master Plan. Within the red/orange area there would
be an emphasis on preserving healthy trees while accommodating future building
footprints as needed. The development area extends approximately 15 feet into the current
tree line, but will vary with each lot in anticipation of uniform building envelopes. In the
most impacted situation it may encroach 25 feet to create a building envelope. Clearing of
unhealthy and dead trees would also be allowed within the red/orange area.
Within the green area of the Master Plan, the emphasis is again on maintaining healthy
trees, but no habitable structures are allowed. Accessory structures like gazebos and
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paths may be allowed. Ash trees may be removed when found. Soil disturbances in the
steep slopes, as well in the green area, are to be avoided.
For any alternative where the Council requires a master plan, the Zoning Code requires
the applicant to submit a signed zoning agreement that specifies future development will
be consistent with the approved master plan subject to consistency with Municipal Code.
Staff recommends that submission of the signed zoning agreement for the master
plan be required prior to the third reading of any ordinance rezoning the site.
The Planning and Zoning Commission, by a vote of 6 to 0, recommended that the City
Council approve the request for rezoning from A-Agriculture to FS-RL Suburban Low
Density with the attached Master Plan. During the public hearing, one adjacent owner
noted the presence of wildlife and hunters in the area. Staff noted that, following
annexation, hunting is generally not allowed except in conjunction with a City-approved
deer eradication program.
ALTERNATIVES:
1. The City Council can approve the request for rezoning from A-Agriculture to FS-RL
Suburban Low Density with the attached Master Plan, based upon staff's findings and
conclusions as found in the addendum, and have the first reading of the ordinance to
rezone the site to FS-RL. A signed zoning agreement will be required prior to the
third reading of the ordinance.
2. The City Council can deny the request for rezoning from A-Agriculture to FS-RL
Suburban Low Density Residential with the attached Master Plan if the City Council
finds that the City's regulations and policies are not met.
3. The City Council can defer action on this request and refer it back to City staff and/or
the applicant for additional information.
RECOMMENDED ACTION:
As noted in the attached addendum, the proposed rezoning is consistent with the Land
Use Policy Plan land use designations and policies. The applicant has proposed to define
the Environmentally Sensitive Area in a general manner with the Master Plan, noting
limited encroachments into the current tree line. The proposed housing types are as
allowed in the proposed zoning, and from the described plan it appears to be feasible to
develop the site consistent within the underlying zoning standards. Further information on
density and protection measures of the Environmentally Sensitive Area will be specified
with the subsequent preliminary plat. The Master Plan is consistent with the limitations
noted in the pre-annexation agreement approved by the City Council in December, 2013.
A zoning agreement that states development of the site will be consistent with the
Master Plan must be signed by the property owner prior to the third reading of a
rezoning ordinance.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1, thereby approving the request for rezoning from A-Agriculture to FS-RL
Suburban Low Density Residential with the attached Master Plan.
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ADDENDUM
REZONING BACKGROUND:
Existing Land Use Policy Plan. The LUPP designation of the entire subject area is
Village/Suburban Residential. A portion of the area containing the steep slopes and flood
plain is also Environmentally Sensitive Overlay. The proposed change of zone to FS-RL is
consistent with that designation. The LUPP designations of this and adjoining properties
can be found in Attachment B.
The LUPP does not place any strict prohibition on development within the overlay—only
that "special requirements may be necessary to ensure environmental compatibility." Due
to the general boundary of the designation the applicant has proposed to define it with the
Master Plan designated areas. The pre-annexation agreement that accompanied the
annexation in December noted that development shall be limited to paths, gazebos and
other similar low impact open space amenities in the Environmentally Sensitive Overlay
that would now be defined as the green area on the Master Plan.
The applicant has provided support materials (found in Attachment G) regarding the
proposed rezoning and its conformance with the Land Use Policy Plan. While the rezoning
of an area designated as Village/Suburban Residential on the LUPP to FS-RL is
supported, there are several goals that can support the proposed rezoning.
Goal No. 2. In preparing for the target population and employment growth, it is the goal of
Ames to assure the adequate provision and availability of developable land. It is the further
goal of the community to guide the character, location, and compatibility of growth with the
area's natural resources and rural areas.
Goal No. 3. It is the goal of Ames to assure that it is an "environmentally-friendly"
community and that all goals and objectives are integrated with this common goal. In
continuing to serve as a concentrated area for human habitat and economic activity, Ames
seeks to be compatible with its ecological systems in creating an environmentally
sustainable community.
Existing Zoning. The site is zoned A-Agriculture. To the east, Northridge Heights is zoned
FS-RL and further to the east FS-RM. To the south, the Northridge neighborhood is zoned
RL. North and west of the site are large properties outside of the City limits and zoned
Agriculture (A-1) by the County. An excerpt of the zoning map can be found in Attachment
C. The proposed rezoning is reflected in Attachment D.
Existing Uses of Land. 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 Farmland, homestead
North Farmland, scattered homesteads
East Single-Family Homes (Northridge Heights)
South Farmland, scattered homesteads, single-family
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homes (Northridge)
West Farmland, rural residential west of Squaw Creek
Master Plan. The City Council, at the March 4t" meeting, voted to require a Master Plan to
accompany this rezoning. A Master Plan is intended to provide a general description of the
intended development of a property. A Master Plan must address natural areas, buildable
areas, building types, range of uses, and basic access points as described in zoning
requirements of Section 29.1507(4) (see Attachment F).
The submitted Master Plan proposes two housing types-85-145 units of single-family
detached homes and 25-45 units of single-family attached homes—and an area of about
47 acres protected from development. Both attached and detached single-family homes
are required in be on individual lots. Layout and specific design of the site will be evaluated
at the time of preliminary plat review. Attached single-family homes also require an
administrative site development plan review after subdivision. The minimum density
standard is 3.75 dwelling units per net acre. As proposed, the project would likely be at the
low end of the density range. Full review of net acreage limitations will occur with the
subsequent preliminary plat subdivision review.
In accordance with the language of the LUPP and the pre-annexation agreement for
Environmentally Sensitive Area, the Master Plan includes language that states:
"The general boundary shown in orange shall be the limits of any habitable
structures. Overgrowth and scrub trees may be removed within this area to allow for
structures. Dead trees may be removed from this area. Emphasis should be placed
on preserving existing healthy trees. Ash trees may be removed at any time.
"The general boundary shown in green shall be prohibited from building habitable
structures. Dead, dangerous, and diseased trees may be removed from this area.
Other trees may selectively be removed to improve the overall quality and health of
the existing trees. Emphasis should be placed on preserving as many healthy trees
as possible in this area. Ash trees may be removed at any time. Gazebos, non-
habitable structures, and walking paths are permitted in this area. Gazebos,
structures, excavation, and removal of cover on the steep slopes should be avoided
whenever possible."
Staff visited the site the first week of March. An examination of the wooded area at the top
of and on the slope of the Squaw Creek valley finds an immature wooded area comprising
mostly scrub trees and larger dead trees. Aerial photographs from 1950 show this area as
clear cut to allow farming. While the lower bottomland and upper farmland remain in
farming (at least until the previous growing season) the slopes have been allowed to
develop with volunteer trees. Approximately 15-20 feet within the wooded area is an old
farm fence line—further evidence that the area was once clear cut and now is being
encroached upon by volunteer trees.
Infrastructure. During the Land Use Policy Plan review associated with the initial
annexation request, an analysis of the necessary infrastructure to accommodate
residential development was undertaken. City staff noted that, except for sanitary sewer
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capacity downstream, all infrastructure needs could be met. There were no identified
transportation impacts associated with development of the site. Water service is available
at two points along George Washington Carver Avenue and sanitary sewer at one point.
Downstream, within Moore Memorial Park, the sanitary sewer has a capacity limitation.
The pre-annexation agreement requires the developer to put forward $197,000 (to be
updated at the time of final plat submittal) for improvements to correct this issue. The
money will be deposited with the City prior to final platting. The capacity will be monitored
and improvements made when needed. The money provided by the developer at the time
of final plat approval represents his total and final contribution to the proposed
improvements.
Access. The Master Plan includes a new intersection aligned with the existing Weston
Drive and another point of access further to the north. The second point of access to the
north will meet City specifications for separation along arterial roads. Internal circulation
will be reviewed at the time of subdivision.
Applicant's Statements. The applicant has provided an explanation of the reasons for the
rezoning in Attachment G.
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 "Village/Suburban Residential" with a portion designated
with the "Environmentally Sensitive Overlay."
3. The "Village/Suburban Residential" land use designation supports the "FS-RL
Suburban Low Density Residential" zoning designation. Under a "FS-RL" zoning
designation, detached and attached single-family housing types are allowed. FS-RL
is consistent with the pre-annexation development agreement.
4. Infrastructure is adequate to serve the site and can be extended to the site. The
applicant has committed to funding needed off-site sanitary sewer improvements to
the specifications of the City. Specific improvements will be identified with the
preliminary plat.
5. Master Plan identifies developable areas and range of uses consistent the proposed
FS-RL zoning district. Subsequent development will be subject to subdivision review.
6. Ames Municipal Code Sec. 29.1507(5) requires approval of a zoning agreement for
an application with a master plan and that all subsequent development comply with
the master plan.
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Public Notice. Notice was mailed to property owners within 200 feet of the subject site
and a sign was posted on the subject property. As of this writing, no comments have been
received.
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. The proposed rezoning is
consistent with the allowances of the proposed FS-RL zoning district and Master Plan
requirements for rezoning.
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Attachment A
Location Map
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Attachment C
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Attachment F
Applicable Regulations
• 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 1200, Floating Zones, includes a list of uses
that are permitted in the Village Residential, Suburban Residential and Planned
Residential zoning districts and the zone development standards that apply to properties
in those zones.
Per Section 29.1507(4): master plan Submittal Requirements:
a. Name of the applicant and the name of the owner of record.
b. Legal description of the property.
c. North arrow, graphic scale, and date.
d. Existing conditions within the proposed zoning boundary and within 200 feet of the
proposed zoning boundary: Project boundary; all internal property boundaries;
public rights-of-way on and adjacent to the site, utilities; easements; existing
structures; topography (contours at two-foot intervals); areas of different vegetation
types; designated wetlands; flood plain and floodway boundaries; areas designated
by the Ames Land Use Policy Plan as Greenways and Environmentally Sensitive
Areas
e. Proposed zoning boundary lines.
f. Outline and size in acres of areas to be protected from impacts of development
g. Outline and size in acres of areas proposed of each separate land use and for each
residential unit type
h. Pattern of arterial streets and trails and off-site transportation connections
i. For proposed residential development provide the number of unit type for each
area, expressed in a range of the minimum to maximum number to be developed in
each area
j. For proposed residential development provide a summary table describing all uses
of the total site area, including the number of units per net acre for each unit type
and each zoning area.
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Attachment G
Applicant's Statement
Scenic Valley Subdivision Rezoning
Reasons for Requesting Rezoning:
These parcels requested for rezoning fall into the City's goals and requirements for land use.The FS-RL
designation is an allowable zone for this area,and will serve the current plans for the Subdivision. We
intend to develop the area according to the rules and regulations of the FS-RL zone.
Consistency of this rezoning with the Land Use Policy Plan.
These parcels requested for rezoning meet the consistency and goals of the Land Use Policy Plan(LUPP),
as FS-RL zoning is an acceptable zone for residential subdivisions. We feel that this rezoning meets the
following goals of the LUPP:
1. Recognizing that additional population and economic growth is likely,it is the goal of Ames to
plan for and manage growth within the context of the community's capacity and preferences.
This rezoning allows for the utilization of existing infrastructure to expand the City,making it an
ideal location for a residential subdivision. The community also has a preference to locate here,
as seen by new housing permits in the area.
2. In preparing for the target population and employment growth,it is the goal of
Ames to assure the adequate provision and availability of developable land.It is the further
goal of the community to guide the character,location,and compatibility of growth with the
area's natural resources and rural areas. As with#1,this rezoning request fits the character
and compatibility of the surrounding area.
3. It is the goal of Ames to assure that it is an"environmentally-friendly"community and that all
goals and objectives are integrated with this common goal.In continuing to serve as a
concentrated area for human habitat and economic activity,Ames seeks to be compatible
with its ecological systems in creating an environmentally sustainable community. This area is
developed as a continuation of existing housing in the area. This area is also designed to meet
the City's density requirement. No building construction will occur in the flood prone areas
along Squaw Creek. All City of Ames regulations pertaining to storm water quantity control will
be met.
4. It is the goal of Ames to create a greater sense of place and connectivity,physically and
psychologically,in building a neighborhood and overall community identity and spirit.It is the
further goal of the community to assure a more healthy,safe,and attractive environment.
This subdivision fits the sense of community,as it is in line with Northridge and Northridge
Heights developments in the area.
S. 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.It is a
further goal of the community to link the timing of development with the installation of public
infrastructure including utilities,multi-modal transportation system,parks and open space.
This subdivision does not require the extension of any additional utilities,as they are currently
stubbed to the edge of the development.
6. It is the goal of Ames to increase the supply of housing and to provide a wider range of
housing choices. This subdivision does exactly that.
7. It is the goal of Ames to provide greater mobility through more efficient use of personal
automobiles and enhanced availability of an integrated system including alternative modes of
transportation. This subdivision is an extension of the current residential uses in the area. It
does not create a burden on the existing transportation network.
8. It is the goal of Ames to enhance the role of Downtown as a community focal point. This
subdivision doesn't directly impact this goal in either way. However,adding population to Ames
provides more potential shoppers/customers/users of downtown.
9. It is the goal of Ames to promote expansion and diversification of the economy in creating a
base that is more self-sufficient and that is more sustainable with regard to the environment.
This subdivision is adjacent to Ames,and provides additional housing stock for people to help
create a diverse economy.
10. It is the goal of Ames to maintain and enhance its cultural heritage. This subdivision does not
affect this goal.
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Judy K.Parks,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 3699 George Washington Carver Avenue, is rezoned with Master Plan from
Agricultural (A) to Suburban Low-Density Residential (FS-RL).
Real Estate Description: Parcel `U' in the Southeast Quarter (SE '/4) of the
Southeast Quarter(SE '/4) of Section 20, Township 84 North, Range 24 West of the
5th P.M., Story County,Iowa; as shown on the Plat of Survey filed in the office of the
Recorder of Story County, Iowa, on December 23, 1999, as Instrument# 99-16786,
and Parcel `17' in the Northeast Quarter (NE '/4) of Section 29, Township 84 North,
Range 24 West of the 5th P.M., Story County, Iowa; as shown on the Plat of Survey
filed in the office of the Recorder of Story County, Iowa, on May 4, 2012, as
Instrument# 2012-00004713.
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 , 2014.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
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