HomeMy WebLinkAboutA002 - Commission Action Form dated February 3, 2021 ITEM #: 7
DATE: 02-03-2021
COMMISSION ACTION FORM
SUBJECT: REZONE FROM RH (RESIDENTIAL HIGH DENSITY) WITH O-UIW
(UNIVERSITY WEST IMPACT OVERLAY) TO NC (NEIGHBORHOOD
COMMERCIAL) WITH O-UIW (UNIVERSITY WEST IMPACT OVERLAY)
FOR A PROPERTY LOCATED AT 2801 & 2803 WEST STREET
BACKGROUND:
The property owner, Motherlode Enterprises Inc, is requesting rezoning of a single parcel
of land located at 2801 West Street from RH (Residential High Density) to NC
(Neighborhood Commercial) with the University West Impact Overlay. The site is located
on the northwest side of the intersection of Hyland Avenue and West Street just west of
the Iowa State University Campus and includes .086 acres (see Attachment A: Location
and Zoning Map). The property is designated as Residential High Density on the future
land use map the Land Use Policy Plan (LUPP). The site is also within the University
Impact Area.
The site contains a commercial building and a 3-unit apartment building both on the same
lot. The existence of the commercial building and residential building as a principal use
on the lot with the RH zoning designation makes both of the principal buildings non-
conforming under the current zoning. The Zoning ordinance does not permit commercial
buildings in combination with residential buildings in the RH zone. Therefore, both
buildings are viewed as non-conforming which limits modifications to the structures and
uses. The owner would like to convert space to add an additional dwelling unit within the
3-unit apartment building. As a non-conforming principal use there can be no additional
units added in the apartment building according to the standards in Section
29.307(2)(a)(b)(c) (See Attachment E), which restrict intensification and the addition of
dwelling units in non-conforming apartments.
The owner desires to rezone the property to NC zoning to accommodate the addition of
the one additional dwelling unit. NC zoning classification allows for both household living
and commercial uses to exist as principal uses on the same lot and have multiple
buildings on a lot. NC zoning has no unique land use classification on the Land Use Map
or in the Land Use Policy Plan; therefore, a LUPP amendment is not necessary to approve
the change. Neighborhood Commercial has been applied to sites that have a legacy
commercial use and do not fit the classification of Highway Oriented Commercial or
another primary commercial base zone.
Approval of the zone change would allow the applicant to pursue the desired changes to
the apartment building as a conforming use within a nonconforming structure. Staff has
reviewed the request and found that the addition of a dwelling unit within the existing
building would not trigger additional parking or other site improvements due to the existing
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count of bedrooms within the apartments. Further analysis of the rezoning petition is
found in the Addendum.
ALTERNATIVES:
1. The Planning and Zoning Commission can recommend that the City Council approve
the request for rezoning from RH (Residential High Density) to NC (Neighborhood
Commercial) with the West University Impact Area Overlay as proposed by the
rezoning request, and supported by the findings of fact.
2. The Planning and Zoning Commission can recommend that the City Council deny the
request for rezoning from (RH) Residential High Density to (NC) Neighborhood
Commercial if the Commission finds that the City's regulations and policies are not
met.
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 current RH zoning of the site is consistent with the Land Use Policy Plan land use
designation and supports the use of the site as entirely residential with high density
residential. However, the commercial use of the site is not permitted and thus makes all
uses on the site non-conforming in the configuration they exist. Rezoning to NC better
reflects the current use of the site as NC zoning permits both residential and
commercial buildings as permitted principal uses. The proposed rezoning to NC can
be found to be consistent with the allowances of the LUPP for small scale commercial
zones while also permitting high density residential development. The applicant's
proposed use is compatible with the surrounding uses as NC zoning already exists across
the street along the south side of West Street.
Site improvements for landscaping, parking, and setbacks are currently non-conforming
for the RH zoning and will be similar within the proposed NC zoning. The rezoning to NC
will not cure these deficiencies and the property will continue to have non-conformities.
No site improvements are required at this time.
Therefore, it is the recommendation of Planning and Housing Department 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 (RH) Residential
High Density to (NC) Neighborhood Commercial as proposed by the rezoning request,
and supported by the findings of fact.
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ADDENDUM:
Land Use Policy Plan Future Land Use Map. No change in the land use designation is
proposed in relation in relation to the rezoning request. The Land Use Policy Plan (LUPP)
Future Land Use Map designates this site as High-Density Residential. This designation
can support the Neighborhood Commercial Zone as this zone does not have an
underlaying land use classification and is expected in neighborhoods with residential
nearby. RH zoning is of higher intensity residential zoning and fits well adjacent to NC
zoning. The High Density LUPP designation is applied along both sides of Hyland Avenue
and both sides of West Street. (see Attachment B: LUPP Map).
The proposed NC zoning does not have a corresponding commercial designation on the
Future Land Use Map of the LUPP. There are no specific siting criteria for the zoning
district, only the general discussion of its intent and purpose within Chapter 2 of the Land
Use Plan. Neighborhood Commercial is of limited applicability within existing areas of the
City for sites that did not meet the other commercial land use policies of the City and were
also small scale in nature.
There are generally six other areas of the community with NC zoning. The land use
designation of these areas on the Future Land Use Map varies from High Density
Residential, to Downtown Services Center, to Highway-Oriented Commercial, and are
described as follows:
• The properties east of Grand Avenue and north of 24th Street includes a bank and
a hardware store, and are designated as High Density Residential;
• The area east of Clark Avenue to the east side of Duff Avenue between 6ch Street
and 7th Street includes a grocery store, single family homes, multiple family
buildings, offices, a church, parking lots, auto repair business, and a convenience
store, and are designated as Downtown Services Center;
• The property located at 926 S. 16th Street includes a restaurant and is designated
as High-Density Residential; and,
• The area north of Toronto Street along Florida Avenue and Reliable Street includes
a heating and air conditioning business, a painting company, self-storage units,
single family homes, and a former grain elevator being converted for other
commercial use.
• Property at the corner of Hazel and Lincoln Way used as general office and
designated for residential.
• Property at the corner of Grand Avenue and Bloomington Road on the east side
of Grand Avenue which contains a Habitat for Humanity retail store and designated
as high density residential on the Land Use Map.
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Existing/Proposed Zoning. The current zoning of the property is RH (Residential High
Density). The property has been zoned RH since May of 2000 when the current zoning
ordinance was adopted. The proposed zoning of the property is NC (Neighborhood
Commercial). The NC zone has more permissive standards regarding multiple buildings
with differing uses than the RH zone. In this case it permits both Residential and
Commercial buildings on one lot. This matches the existing conditions of the site. NC
zoning exists across the street to the south of this property all along the south side of
West Street for approximately 1 block as well as south along the west side of Hyland
Avenue. ,
Permitted Uses. Permitted uses in the NC zone include:
Household Living, including apartments;
• Bed & Breakfast
Vacation lodging
• Office;
• Retail Sales and Services — General;
• Entertainment, Restaurant and Recreation Trade;
• Community Facilities;
• Social Service Providers;
• Religious Institutions;
• Basic Utilities;
• Personal Wireless Communication Facilities; and,
• Child Day Care Facilities.
Existing Uses of Land. Land uses that occupy the subject property and other
surrounding properties are described:
Location Existing Land Uses
Subject Property Apartment Building & Commercial Building
North Apartments
East Apartments
South Mixed Use
West Apartment Buildings
Public Infrastructure. All public infrastructure is available and has the capacity to serve
the site.
Public Notice. Notice was mailed to property owners within 200 feet of the subject site
and a sign was posted on the subject property.
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 29.9507(2) allows owners of fifty percent (50%) or
more of the area of the lots in any district desired for rezoning to file an application
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requesting that the City Council rezone the property. The owner of this single parcel
has requested the rezoning.
2. The subject property has been designated on the Land Use Policy Plan (LUPP)
Future Land Use Map as High-Density Residential.
3. There is no corresponding land use designation on the Future Land Use Map for
the NC (Neighborhood Commercial) zoning designation.
4. Infrastructure is in place to serve the proposed use of this site.
5. The existing site is non-conforming for site improvements according to both the RH
and NC zoning standards. The proposed NC zoning is a better match for the
existing uses on the site. As such the site is being rezoned as non-conforming for
site improvements while making the principal use more conforming.
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Attachment A-Existing Zoning
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- 2801 & 2803 West Street
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Current Zoning
2801 & 2803 West Street N
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Attachment B- Current Land Use Designation
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2801 & 2803 West Street
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Legend
AM ES INCORPORATED U211TS
City Land Use Designations Current Land Use Designation
Residential
Low-DensityResldentW 2801 & 2803 West Street N
® Htph-Density Residential
UnWersityrAf Dated
UnNersity/Affillated
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Attachment C-Proposed Zoning
2801 &-2803'West Street w _
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Proposed Zoning Designation.
2801 & 2803 West Street N
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Attachment D-Property Owner Request
:RECEIVED4
JAN 12 2021
CITY Or AMES IA',,., 2803 Rezoning Request
DEPT.OF FLAWNG AND HOUSING;
As suggested by the City planning department,we would like to rezone our
property at 2801 and 2803 West Street to Neighborhood Commercial.This would
allow it to he conforming to the current use.
This change would be consistent with the current barber shop and apartments
ratherthan continue In a Residential Hlgh-Density zone.
The current zoning is RH-Residential High Density
We propose changing to NC-Neighborhood Commercial
We would also change 2803 from two one bedroom and one three-bedroom
apartments Into four one-bedroom units, a reduction of one bedroom.
There would be no other changes.
The legal description is: SECTION:04 TOWNSHIP:83 RANGE:24 E50' 75'W100'
5150' LOT 5 W1/2 SW AMES
The parcel contains 3,750 square feet.
The City assessors map is attached
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e
Attachment E-29.307(2)(a)(b)(c)
(2) Nonconforming Uses. Any use of any structure-or- lot that was conforming or validly
.nonconforming and otherwise lawful-at the enactment date of this,ordinance and.is nonconforming under the
,provisions of this Ordinance or that:shall be made nonconforming by'a subsequent amendment,may be continued,so
long as it remains otherwise lawful,subject to the standards and limitations of this Section.
(a) Movement, Alteration and Enlargement. No.increase of intensity of use is permitted
except in conjunction with the allowances of subsection b and c.Increase of intensity means any of the following:
L increase to the amount of floor area for a non-Household Living use,
ii.� an increase in the horizontal or vertical dimensions of a non-Household
Living use(both indoor or outdoor),
UL a change in operation of. a- non--Household Living use that requires
corresponding improvements to the site, `
iv. an increase.in the amount of building coverage'for a manufactured home,single
or two-family dW-elling as Household Living,
V. an mcrease in the number of apartment di elling units, SRO; and other self-
contained dwelling units as Household Living,and
vi. 'an increase in the nnuinber of bedrooms;far an apartment dwelling unit,SRO,and
other self-contained dwelling units as Household Living;
(b) The building area,floor area,or dimensions of a nonconforming use may-not be enlarged,
expanded or extended to occupy parts:of another_structure or portions oof a lot that it did not occupy on the effective
date of this Ordinance,unless the enlargement,expansion or extension complies with all requirements for the zone,
does not create an additional nonconformity, and is approved for a Special Use Permit by the Zoning Board of
Adjustment, pursuant-to the procedures of Section 24.1503, excluding 29.1503(4)(b)(vii) of the Review Criteria
Oeneral Standards;and subject to subsection c.
(c) Any_Vtiilding or structure containing a nonconforming use may be enlarges up to U5°!o'
of the floor area existing-on-the effective-date.of this ordinai provided that the expanded building or structure
complies with all development:standarcis of the zone'
which it is located. An increase in intensity of operations,
dimensions,dwelling units,or apartment bedrooms shall not be specially permitted_
The.enlargement of a aonconforining-use that,has the effect of making a structure nonconforming, shall not be
specially permitted pursuant to Section 29.1503,.but rather shall be construed as a request for a variance,subject to
the procedures of Section 29.1504.
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