HomeMy WebLinkAboutA001 - Commission Action Form dated July 5, 2017 ITEM #: 7
DATE: 07/05/17
COMMISSION ACTION FORM
REQUEST: REZONE FROM HIGHWAY-ORIENTED COMMERCIAL (HOC) AND
HIGH DENSITY RESIDENTIAL (RH) TO PLANNED RESIDENCE
DISTRICT (PRD) WITH A MAJOR SITE DEVELOPMENT PLAN AND
HIGHWAY-ORIENTED COMMERCIAL (HOC) WITH A MASTER PLAN
AT 3115, 3119, 3301, 3325, 3409, AND 3413 SOUTH DUFF AVENUE
BACKGROUND INFORMATION:
The property owners, Dickson and Luann Jensen, request rezoning of six parcels
comprising a total of 45.92 gross acres. The parcels are addressed as 3115, 3119,
3301, 3325, 3409, and 3413 South Duff Avenue. This site was the subject of a Land
Use Policy Plan Amendment in May, 2016 designating the western portions of the site
as High Density Residential Development while retaining Highway-Oriented Commercial
for the highway frontage north of the cemetery. The City Council approved a contract
rezoning of much of the site to RH (High-Density Residential) in October, 2016. See
Attachment A for current zoning and location.
The owners are now seeking to change the zoning to Planned Residence District (PRD)
to allow for flexibility in development of the apartments on individual lots and to retain
HOC zoning along the north frontage of the site. The applicant has submitted a rezoning
request for 40.62 acres as Planned Residential Development (RH) with 5.29 acres
remaining as HOC. A master plan was also submitted with the application indicating
approximately 500-700 apartment units in the PRD with commercial to be located at the
new intersection with Crystal Street. The Master Plan relates directly to the commercial
development by identify the access and denoting buffer landscaping to the west is part
of the PRD. The Major Site Development Plan that accompanies the PRD is the
controlling plan for development within the PRD and specifies 572 dwelling units in the
project. The overall development intensity is consistent with the previously approved
master plan and with the rezoning contract approved last fall that limited development to
no more than 750 units with a mix of bedrooms.
The subject properties lie along the west side of South Duff Avenue (also referred to as
US Highway 69). -The subject site has two separate frontages on South Duff Avenue.
The subject site lies north, west, and south of Story Memorial Gardens, a private
cemetery at 3215 South Duff Avenue. The north boundary of the site lies near the
Crystal Street intersection with South Duff Avenue. The south boundary of the site lies
immediately north of the New Life Church at 3505 South Duff Avenue. The property
extends westward to the Ames Municipal Airport property.
The PRD rezoning request requires the simultaneous approval of a major site
development plan. The proposed Brick Towne development comprises multiple lots
served by private streets with some lots not having frontage on a public right-of-way.
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The Developer has also taken advantage of landscaping flexibility to focus on berms
and grasses around the perimeter of the site in lieu of traditional foundation plantings
and shrub based screening requirements. The development also includes a large
recreational amenity area and clubhouse along the north side of the development. The
recreational amenities and clubhouse will need to be developed concurrently with the
homes as part of the phasing of the development. Approval of a PRD rezoning must be
evaluated against the design principles of a PRD and meet the site development criteria
of the Major Site Development Plan.
As noted above, the developer intends to rely upon the PRD open space and
landscaping features to meet any commercial development buffering requirements
along the west property line of the commercial area.
The proposed rezoning boundaries do not follow the current property lines. Rather, they
are described by metes and bounds irrespective of property lines. An accompanying
preliminary plat proposes lot lines that will follow the proposed zoning boundaries. The
attached addendum includes a description of the master plan for the commercial site
and a major site development plan for the residential development.
The City and the developer signed a development agreement at the time of rezoning to
RH last fall to identify what specific infrastructure projects must take place, the timing of
the completion of those projects, and the party responsible for paying for those projects.
In short, the City is responsible for improvements to the highway, including lane
additions and a traffic signal at Crystal Street. The developer is responsible for all on-
site utilities and for construction of regional stormwater improvements for the Tea
Garden area. The developer must construct the stormwater improvements by 2018 and
the City is in the process of designing the Highway 69 road widening with a target for
construction in 2018.
The contract rezoning agreement will need an amendment to recognize the proposed
changes of the PRD and HOC rezoning. All other requirements of that agreement will
remain in effect, including the need to have a fully executed avigation easement prior to
site plan approval. No changes to the terms of development intensity or improvement
obligations are proposed with the rezoning.
ALTERNATIVES:
1. The Planning & Zoning Commission can recommend that the City Council approve
the request for rezoning from High-Density Residential and Highway-Oriented
Commercial to Planned Residence District with a major site development plan and
Highway-Oriented Commercial with a master plan. Development of the site is
subject to approval of a final plat and compliance with the conditions of the
accompanying plat that is on this agenda.
2. The Planning and Zoning Commission can recommend that the City Council deny
the request for rezoning from High-Density Residential and Highway-Oriented
Commercial to Planned Residence District and Highway-Oriented Commercial.
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3. The Planning and Zoning Commission can defer action on this request and refer it
back to City staff and/or the applicant for additional information.
RECOMMENDED ACTION:
The high-density residential development was approved with the rezoning of the site to
RH last year. However, the owner seeks to create a Planned Residence District which
offers greater flexibility on design, including the use of private streets and creating
marketable lots without frontage on a public street (although all lots will have access via
easements). Without approval of the PRD the layout of the development would be
similar, but the site could not be divided into multiple lots without public street frontage.
Alternatively a public street would need to be constructed through the entire site to
create lot frontage. The need for a public street circulating through the private
development was not needed due to the impediment of extending streets through the
airport and a private street can therefore meet the circulation needs of the site and the
City.
Storm water and traffic were addressed at the time of rezoning last fall. The contract
rezoning agreement addressed the issues, the timing of the installation of the storm
water features, and the cost-sharing arrangement between the city and the developer.
As part of the this rezoning request, the development agreement will need to be
amended by the city council but no changes to these issues are anticipated—only the
specific references to the master plan and the allowed zoning designations.
Overall, the development provides a housing type with principally one and two bedroom
units that meet multiple housing market needs for the community. The retained
commercial zoning along the frontage will provide retail and office space to serve the
development, the nearby neighborhood, and the commuting public.
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 from High-Density
Residential and Highway-Oriented Commercial to Planned Residence District with a
major site development plan and Highway-Oriented Commercial with a master plan and
the condition that development requires a final plat.
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ADDENDUM
Existing Land Use Policy Plan. The Land Use Policy Plan future land use map was
recently amended to designate much of this area as High-Density Residential from
Highway-Oriented Commercial. The South Duff Avenue frontage lying north of the Story
Memorial 'Gardens cemetery remains as Highway-Oriented Commercial. See
Attachment D for an excerpt of the LUPP future land use map. The proposed rezoning
is consistent with the LUPP designation.
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, three homes
North Commercial
East Residential
South Church, rural homes
West Ames Municipal Airport
Existing Zoning. The current zoning of this property is HOC and RH. See Attachment
A for a zoning map. The site is subject to a contract rezoning.
Master Plan. A master plan is intended to provide a general description of the
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 E).
The submitted master plan proposes areas for residential development on 40.62 acres
of the property and commercial development of 5.29 acres. The master plan proposes
between 500 and 700 apartment units, resulting in a density of between 11.63 and
17.50 dwelling units per acre. This is consistent with RH zoning, which is the density
standard that will be allowed with the PRD designation. The proposed Master Plan is
intended to maintain consistency with the prior approval and to include the commercial
zoning area. The PRD will be governed by the standards of the Major Site
Development Plan and the major and minor amendment processes of the Zoning
Ordinance.
Development of commercial sites is not part of the proposal. Site specific commercial
development will require approval of a Minor Site Development Plan that requires only
staff review and approval.,
The master plan also addresses the interface between the commercial and residential
zones of the development. Usually, a commercial development is required to buffer
between two disparate zones. In this instance, because the residential structures are a
greater distance from the property line, the master plan notes that the buffer will be on
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the PRD major site development plan.
The master plan includes two access points along South Duff Avenue (US Highway 69).
The northern access will be at a signalized intersection in alignment with Crystal Street.
This will be the main entrance into the site serving the proposed commercial lots and
the residential development. The southern access will not be signalized. It will be
located south of the cemetery, about midway between Jewel Drive and Garden Road.
All access to Highway 69 is subject to Iowa Department of Transportation approval.
Major Site Development Plan. The PRD rezoning requires an accompanying major
site development plan. This plan describes all aspects of the site including building floor
plans and elevation drawings.
The development consists of two 72-unit buildings of one- and two-bedrooms; six 60-
unit buildings of one- and two-bedrooms; and sixty-eight townhome style apartments of
one-, two-, and three-bedrooms. (Townhome "style" because, although they look like
traditional townhome units, each unit is not on a separate lot.) There are a total of 572
dwelling units, consisting of 416 one-bedroom units, 136 two-bedroom units, and 20
three-bedroom units. The density is approximately 14 units per acre.
To accommodate these units, 956 parking spaces are required. A total of 996 spaces
are provided, of which 212 are in garages—the remainder are surface parking.
There is also a clubhouse with a leasing office and recreational amenities, a swimming
pool, a pool house, and a building with a bicycle repair area and pet wash station.
The landscape plan relies more on over-story trees and native grasses than usual,
which deemphasizes screening with landscaping. This approach is acceptable because
of the much greater distances from parking areas to adjacent property lines, making
shrubs a less attractive and noticeable feature. This alternative approach is allowed
through approval of a major site development plan if the City Council determines it
meets the intent of the landscaping ordinance. In addition, the approach is consistent
with the intent of the newly adopted Landscape Ordinance update. The site include
38% open space where a minimum of 35% is required.
Features of the landscaping plan are:
• Overstory trees line the major private streets as if they were public streets.
• Berms, overstory and ornamental trees, and ornamental grasses provide a multi-
level buffer to the commercial lots along South Duff Avenue.
• Berms, overstory and ornamental trees, and ornamental grasses provide a multi-
level screening of the apartments from the South Duff Avenue right-of-way.
• Overstory trees adjacent to the parking areas to provide shade.
• Ornamental grasses serve as mechanical unit screening and foundation
plantings.
• Turf grass adjacent to buildings.
• Prairie seed mix around the storm water features and on the periphery of the site.
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The major site development plan and elevation drawings are consistent with the design
components of the developer's agreement signed last fall. That agreement, among
other things, mandated that:
• The site is limited to no more than 750 dwelling units, of which no more than 10
percent can be three bedroom units.
• The development incorporates on-site recreational and lifestyle amenities.
• The development shall incorporate enhanced building design with a substantial
amount of brick on each facade.
• The developer incorporates a "prairie-style" landscape plan relying less on
traditional shrubs, but using native grasses and trees.
Internal to the site the developer includes sidewalks to connect all building to other parts
of the development. The developer also has provided and easement for potential future
access to the north at the northwest corner of the site that connects to the developers
proposed private street system. Sidewalks will be constructed across the entire frontage
of Duff Avenue.
Stormwater. The City has identified storm water management deficiencies that
currently exist on the site and had a Teagarden drainage study prepared. As required
by the rezoning contract, the developer has addressed the existing deficiencies as well
as the expected storm water management from his own development. The
development includes approximately 10.9 acres of land set aside with stormwater
management easements.
The developer is proposing a series of wet ponds (retention basins that will have a
permanent pool) and dry ponds (detention basins that will drain to a dry condition within
a short time following a rain event). The dry pond will be located on airport property at
the southwest corner of the site. Wet ponds will be found along the north and south
perimeter of the site and near the northwest corner of the site. These ponds will retain a
permanent pool of water due to the proximity to the surface of ground water. The
accompanying preliminary plat report provides greater detail on the stormwater design
and conditions of approval for stormwater.
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.
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ATTACHMENT A: CURRENT ZONING AND LOCATION
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ATTACHMENT E: APPLICABLE REGULATIONS
Per Section 29.1507 (4): Master Plan Submittal Requirements:
i. Name of the applicant and the name of the owner of record.
ii. Legal description of the property.
iii. North arrow, graphic scale, and date.
iv. 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
V. Proposed zoning boundary lines.
vi. Outline and size in acres of areas to be protected from impacts of
development
vii. Outline and size in acres of areas proposed of each separate land use
and for each residential unit type
viii. Pattern of arterial streets and trails and off-site transportation connections
ix. 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
X. 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.
A. For proposed commercial development: placement, size in square feet
and approximate dimensions for all buildings, locations and approximate
dimensions of all parking areas; areas of landscape, screening, buffer,
plaza and open space; circulation pattern for all modes of transportation
on the site.
Per Section 29.1502 (4)(d): Major Site Development Plan Design Standards
(d) Design Standards. When acting upon an application for a major site plan approval,
the City Council shall rely upon generally accepted site planning criteria and design
standards. These criteria and standards are necessary to fulfill the intent of the Zoning
Ordinance, the Land Use Policy Plan, and are the minimum necessary to safeguard the
public health, safety, aesthetics, and general welfare. These criteria and standards
include:
(i)'The design of the proposed development shall make adequate provisions for
surface and subsurface drainage to limit the rate of increased runoff of surface
water to adjacent and down stream property;
(ii) The design of the proposed development shall make adequate provision for
connection to water, sanitary sewer, electrical and other utility lines within the
capacity limits of those utility lines;
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(iii) The design of the proposed development shall make adequate provision for
fire protection through building placement, acceptable location of flammable
materials, and other measures to ensure fire safety;
(iv) The design of the proposed development shall not increase the danger of
erosion, flooding, landslide, or other endangerment to adjoining and surrounding
property;
(v) Natural topographic and landscape features of the site shall be incorporated
into the development design;
(vi) The design of interior vehicle and pedestrian circulation shall provide for
convenient flow of vehicles and movement of pedestrians and shall prevent
hazards to adjacent streets or property;
(vii) The design of outdoor parking areas, storage yards, trash and dumpster
areas, and other exterior features shall be adequately landscaped or screened to
minimize potential nuisance and impairment to the use of adjoining property;
(viii) The proposed development shall limit entrances and exits upon adjacent
streets in order to prevent congestion on adjacent and surrounding streets and in
order to provide for safe and orderly vehicle movement;
(ix) Exterior lighting shall relate to the scale and location of the development in
order to maintain adequate security, while preventing a nuisance or hardship to
adjacent property or streets;
(x) The proposed development shall ensure that dust and other forms of air
pollution, noise disturbances, odor, glare, and other nuisances will be limited to
acceptable levels as prescribed in other applicable State and City regulations;
and
(xi) Site coverage, building scale, setbacks, and open spaces shall be in
proportion with the development property and with existing and planned
development and structures, in adjacent and surrounding property.
(e) Other Approvals. In conjunction with Major Site Development Plan approvals,
the applicant shall obtain and submit all other approvals, in writing, required by
any other local, state or federal agency. Such prior approvals include:
(i) Variance from Zoning Board of Adjustment;
(ii) Curb cut permit;
(iii) Flood plain development permit;
(iv) Historic Preservation Commission Approval;
(v) Iowa Department of Transportation Permits; and
(vi) Sediment and Erosion Control Plan Approvals.
All such approvals shall be duly noted on a copy of the site plan and/or building
plan; as applicable. Any such plan shall include the date of approval and
signature of the approving official, as applicable.
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Findings Regarding Planned Residential District Development Principles.
The Plan modifications are reviewed below with respect to the following development
principles in Ames Municipal Code Section 1203(2). (For an existing PRD, "underlying
zoning"referred to in the criteria statements is not applicable.)
1. Provide for innovative and imaginative approaches to residential
development that would not occur as a result of the underlying zoning
regulations.
The developer desires to develop an apartment community tied together with
common architectural styles and landscape features. The apartments are
designed as smaller units desirable to broad market segment, including
workforce housing. The PRD allows for creation of individual lots without public
street frontage and relies upon private streets to serve the development. The
landscaping has a site specific approach of berms and grasses that departs from
typical shrub and apartment foundation planting requirements. The PRD allows
for the subdivision pattern without large public right-of-ways and helps to facilitate
the integrated overall design of an apartment community that would be unlikely to
occur with public streets.
2. Result in a more efficient, aesthetic, desirable and economic use of land
and other resources while maintaining density of use, as provided for in
the Land Use Policy Plan and the underlying zoning.
The development layout is efficient and maintains an approximate density of 19
units per net acre. The subdivision of individual lots for each apartment building
helps to facilitate financing of the project. However, the plan is tied to together
with common design themes for architecture and landscaping to ensure it is
desirable and integrated community. The requested relief for lotting does not
affect the setbacks and spacing of the structures from perimeter property lines or
each other compared to base zone standards.
3. Promote innovative housing development that emphasizes efficient and
affordable home ownership and occupancy.
All units provided for in this development will be attached units. Per the existing
development agreement, the variety of housing is focused on smaller rental units
desirable to a wide range of the market. Home ownership is not the intended
goal for this project site.
4. Provide for flexibility in the design, height, and placement of buildings that
are compatible with and integrate with existing, developed neighborhoods
and the natural environment.
The project includes attractive buildings with roof line variations, siding, and
brick. Some of the units will include enclosed detached garages and not just
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surface parking spaces. The buildings are set well into the site and exceed
minimum front yard setback requirements along Duff Avenue. The three story
height of the structure is a common height for this type of apartment community
and is a compatible residential style with the surroundings.
5. Promote aesthetic building architecture, significant availability of open
space, well designed and landscaped off-street parking facilities that meet
or exceed the underlying zone development standards, more recreation
facilities than would result from conventional development, and pedestrian
and vehicular linkages within and adjacent to the property.
The site has a significant amount of the area devoted to stormwater management
measures. Approximately 25% of the PRD area will be in stormwater easements.
The site overall has 38% open space with these stormwater features included.
The usable open space and amenities are focused on the clubhouse area. The
clubhouse and amenity spaces are required elements of the PRD approval and
must be constructed concurrent with buildout of the project.
The site includes internal linkage for both pedestrians and vehicles. There is an
additional outlet at the northwest corner of the site for future connectivity.
The landscaping plan is distinct for the site focusing on an "open prairie style
theme." The site utilizes large berms, grasses, and ovestory tree to create the
desired look and to enhance its compatibility with the surroundings. The project
landscaping also accounts for commercial buffering to the HOC zoned land to the
east.
6. Provide for the preservation of identified natural, geologic, historic and
cultural resources, drainage ways, floodplains, water bodies, and other
unique site features through the careful placement of buildings and site
improvements.
To meet regional stormwater needs, the site development plan significantly
modifies an open channel along the north edge of the site and creates a large
detention facility. This design and size of the feature helps to improve
management of stormwater runoff for the general area and for the site itself. The
design does not release additional water downstream at rate greater than current
conditions. An existing drainage the is not affected by the design.
7. Provide for a development design that can be more efficiently served by
existing and proposed infrastructure, including: street, water, sewer, and
storm water infrastructure, than would be otherwise required as a result of
conventional development.
All utilities will be able to be extended in order to serve the site. The design
includes public water and sewer lines, but includes private streets to more
efficiently serve the site. No additional through streets are needed that would
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require a public street into or through the development. Sidewalks are provided
for along the site frontage and with the site.
Planned Residential Development (PRD) Supplemental Development Standards.
Property that is zoned F-PRD shall be developed in accordance with the Zone
Development Standards listed in Table 29.1203(5). Each of those standards is
addressed below. Refer to Table 29.1203(5) for the detailed standards.
1. Area Requirement. A minimum of two (2) acres shall be required for all
areas developed as F-PRD.
The subject site includes for the PRD zoning is 40.62 acres. The net developable
area is
2. Density. Densities shall comply with the densities provided for in the Land
Use Policy Plan and the underlying base zone regulations. In the case of
more than one base zone designation, each area of the PRD project shall
comply with the density limitation that is established for the base zone of
that area. Density transfer from one area of a PRD project to another area
of the same project with a lower base zone density is not permitted.
The proposed development is based upon the RH base zone. The allowed
building types include attached housing as apartments. The proposed density is
14 units per gross acre. The net developable area averages a density of
approximately 19 dwelling units per acre. No individual proposed lots exceed
38.22 dwelling units per acre. The maximum permitted density with the RH base
zone is 38.56 dwelling units per acre.
3. Height Limitations. Structures proposed to be developed in areas zoned
PRD shall be compatible with the predominant height of the structures in
adjacent neighborhoods.
In this PRD, none of the residential structures or clubhouse will exceed three
stories. The site development does not conflict height limits related to the
operation of the airport. An avigation easement will be recorded to ensure the
property owner maintains the site consistent with regulations for airport
obstructions, including vegetation height. Due to the size and location of the site,
the 3-story height is compatible with its surroundings. Most of the adjacent sites
are underdeveloped or undeveloped sites with a commercial designation that
allows for high intensity uses.
4. Minimum Yard and Setback Requirements.
The development plans meets all perimeter setbacks for the existing site
boundaries. Internal setbacks for the proposed residential lots are also
maintained in conformance with multiple building siting requirements.
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5. Parking Requirements.
The parking for the development will be provided along the private streets
throughout the development and with private garages.. The code requirement for
parking varies from 1.5 stalls per unit to 3 stalls per bedroom. The proposed plan
exceeds minimum parking requirements for the types of proposed housing units.
Parking is also included adjacent to the clubhouse and recreational area.
6. Open Space Design Requirements.
The open space proposed includes common open space areas. Open Space is
currently defined as "useable open space designed and intended for the use of
all residents." Common Open Space includes areas planned for active or passive
recreation as well as areas of recreational activities such as swimming pools,
tennis courts, shuffleboard courts, etc., but not including areas within required
setbacks. The proposed project is interconnected with walkways. The stormwater
design is intended to create wet ponds as a feature for the development.
Amenity space with a clubhouse is included at the north end of the development.
7. Open Space Area Requirement.
A minimum landscaped open space requirement of 35% is required for the PRD
with a RH base zone. The overall project is noted to provide 38% open space.
The common open space proposed will be maintained by the developer. This
meets the requirements of the F-PRD zone.
8. Open Space Improvements and Amenities.
The Plan includes areas for both active recreation and passive open space.
9. Maintenance of Open Space and Site Amenities.
All open spaces will be maintained by the developer.
16
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