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HomeMy WebLinkAboutA005 - Council Action Form dated April 26, 2022 ITEM #: 36 DATE: 04-26-22 COUNCIL ACTION FORM SUBJECT: REZONE PROPERTY AT 802 DELAWARE AVENUE FROM "RL" (RESIDENTIAL LOW-DENSITY) TO "RM" (RESIDENTIAL MEDIUM-DENNITY) ZONE WITH MASTERPLAN BACKGROUND: Penny Lane Townhomes LLC, represented by Justin Dodge, is requesting a rezoning with a Master Plan of property located at 802 Delaware Avenue. The request is to rezone the .75 acre property from Residential Low Density (RL) to Residential medium Density (RM) to accommodate the future construction of two 3-unit multi family structures. (See Location & Zoning Map Attachment A) In June 2020 the City Council approved a land use map change for the property, which changed the land use from Low Density Residential to Medium Density Residential in anticipation of future rezoning. The land use change at that time was done under the previous Land Use Policy Plan (LUPP). The Ames 2040 Comprehensive Plan replaced the previous LUPP. (See Current Land Use Attachment B). The Ames 2040 Comprehensive Plan identifies the land use on this property as Established Residential Neighborhood 2 (RN2). The RN2 land use designation allows for a wide range of zoning districts for its implementation and supports the concept of limited infill within established neighborhoods when it can be done in a contextual manner to surrounding character of the area. (See Addendum below for further discussion). This particular area of RN2 is a mix of uses and a transition from higher density uses to the north to lower density uses to the south. The zoning for the area is RL to the south and west adjacent to the site and RH zoning is further to the north. (See proposed RM zoning Attachment C) The proposed rezoning is being done as part of an infill project. Under RL zoning use of the site is limited to single family detached homes on individual lots. Staff estimates that four lots could be created from the existing parcel even though maximum density would allow for five dwelling units. With the proposed rezoning to RM, the allowed uses would include multi-family structures and the ability to build more than one building on a lot without needing to subdivide. The applicant describes and interest in constructing townhome style units on the site configured as two three-unit apartment buildings. The property is currently vacant and has been for a long period of time. The property has frontage and is served from Delaware Avenue to the west. The property also has frontage on North Dakota Avenue to the east. Access is restricted from North Dakota Avenue. Utilities are in place abutting the property to adequately serve the type of development allowed by RM zoning. A Master Plan is required with this proposed rezoning due to the addition of medium density residential zoning next to low density residential zoning. The Master Plan furthers the concept of contextual infill by describing the intended type of use as townhome apartments, rather than as single apartment buildings. The proposed Master Plan results in a cap on the number of units on the site of no more than 6 units. RM maximum density would allow for theoretically up to 16 units without a Master Plan. Six units meets minimum density requirements of RM. The final layout of the site would be approved later through a Minor Site Development Plan by staff. The Master Plan will guide the parameters of the number of units as a part of the rezoning. The Minor Site Development Plan will be required to comply with the Master Plan. (See Attachment D- Master Plan) The proposed rezoning is the first project to move forward with an attempt to provide for small infill consistent with Plan 2040 Principles and Policies of the Land Use and Growth Chapter. Plan 2040 supports select infill opportunities and emphasizes compatibility of design and use over intensity of use as the primary goal for infill. At this time there are limited tools in the Zoning Ordinance to address appropriate design and infill as described within Plan 2040. RM zoning has no specific architectural, building, or site orientation standards beyond basic setbacks and density. Updating zoning standards and design guidelines is a planned implementation measure for Plan 2040, but they do not yet exist to guide this project. The proposed Master Plan with its definition of use for the site is the best option currently available. ZONING AGREEMENT: Given that the rezoning is subject to compliance with a Master Plan a zoning agreement is required to be signed with the developer to ensure that the terms for the master plan are followed. A zoning agreement will be finalized with the developer prior to the third reading of this rezoning ordinance. The zoning agreement will enumerate the conditions on the Master Plan via a signed legal agreement in order to ensure compliance with the approved plan. The zoning agreement will require that the developer abide by the required housing type, number of buildings and number of units. In this case the following conditions of the agreement will include: • That there be no more than 6 units developed on this property. • That the development consist of at least two buildings. • That the housing type be limited to townhome building style. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission held a public hearing on April 6th for the proposed rezoning. The neighbor to the south (800 Delaware) spoke against the rezoning and believed the RL density and building types were more appropriate for the site and was compatible with the existing structures in this area. The Commission discussed the RN2 designation and Ames Plan 2040 policies regarding infill and implementation of these concepts. Commission comments focused on concerns related to the proposed density with the building concept presented by the applicant at the meeting for modern architecturally styled units oriented along the north and south perimeter of the site. Planning & Zoning Commission voted 4-2 to recommend the City Council approve the proposed rezoning with the following conditions included in the recommendation: 1. That the Masterplan be amended to correct the housing types from single- family attached/detached to town homes/apartments. 2. That the masterplan indicate that the future development consist of at least two buildings. 3. That the density of the development be capped at 6 units on the masterplan. Since the April 6th Planning & Zoning Commission meeting the developer has addressed all of the conditions in the recommendation on the Master Plan. ALTERNATIVES: 1 . The City Council can approve the request to rezone the property located at 802 Delaware Avenue from "RU Residential Low-Density to "RM" (Residential Medium- Density) with a Master Plan and; A. That a Rezoning Agreement outlining the requirements of the Master Plan be completed prior to the Third Reading of the rezoning ordinance. 2. The City Council can deny the request to rezone the property located at 802 Delaware Avenue from "RL" Residential Low-Density to "RM" (Residential Medium-Density) with a Master Plan if it does not believe the proposed rezoning with Master Plan is consistent with the policies of Ames Plan 2040 for infill rezoning and the RN2 land use designation. 3. The City Council can refer this matter back to staff and the applicant for more information before making a recommendation. CITY MANAGER'S RECOMMENDED ACTION: The request for rezoning is consistent with the adopted Ames Plan 2040 as described in the addendum. Impacts on infrastructure and City services for this parcel is minimal and consistent with what has been anticipated for development in this area. The Master Plan as proposed will restrict the maximum number of units on this property to no more than 6. The future Major Site Development Plan must conform to the Master Plan for this site. A Zoning Agreement that outlines the requirements of the masterplan will be required to be signed by the Developer prior to the Third Reading of the rezoning ordinance. Therefore, the City Manager recommends Alternative #1. ADDENDUM REZONING BACKGROUND: Existing Uses of Land. Land uses that occupy the subject property and other surrounding properties are described in the following table. Direction from Subject Existing Primary Land Uses Property Subject Property Vacant/Undeveloped North Single Family Residential/Apartments East Single Family Residential South Single Family Residential West Duplex Homes/Single Family Ames Plan 2040. The Future Land Use Map designates the land proposed for rezoning as "Established Residential Neighborhood 2" (RN2) which supports the many zoning options, including the "RM" Residential Medium-Density zoning district (see Attachment B — Future Land Use Map). RN2 neighborhoods will typically have current zoning of RL, RM or F-PRD (Planned Residence District). Attachment E includes the excerpt of Plan 2040 for the RN2 designation that is discussed below. Each land use designation in Plan 2040 describes its context and potential issues to be addressed or guidance for future projects as they occur during the next 20 years. Existing Neighborhood Characteristics The RN2 designation is oriented around recognizing features of existing neighborhoods have been developed in the mid-20t" century through early 21st century and are predominately built out except for individual infill sites. Older neighborhoods are classified as R1 reflecting their more traditional design aspects compared to the more suburban patterns of RN2. Plan 2040 further describes RN2 neighborhoods as having been designed with suburban type development patterns with large single blocks containing a variety of lot sizes and single-family home sizes. Curvilinear streets, loop streets and cul-de-sacs will be common street characteristics. Transit service is likely limited or non-existent. Sidewalks will occasionally have discontinuity and there will be some internal sidewalk design through neighborhoods and clusters of homes. Some early Planned Developments may exist in these areas with unique designs. RN2 allows for select infill opportunities for compatible infill development in established neighborhoods. Many of these neighborhoods may have a majority of single-family homes with some duplexes and small-scale multi-family. RN2 is not designated for large scale redevelopment where development density would be a primary objective for an area. Growth Goals The goals of RN2 involve conservation of general neighborhood character and structural conditions. General density goals in these areas is to target 6 units per acre except where higher in multi-family clusters. This individual site would slightly exceed the 6 unit per acre assumption, but it is consistent with this target for the overall area. The areas mix of duplexes and higher density to the north were originally a consideration in supporting this site for medium density infill. Development Guidelines As these neighborhoods evolve and develop attention should be given to maintaining the character of blocks of single family residential areas and limiting infill to attached units and small townhome developments near existing attached home styles and areas of public space. Attention will be given to scale and design of infill sites. Support should also be given to increased use of key architectural features such as porches and quality fagade materials. These design principles would ultimately lead to design guidelines that define compatibility priorities for orientation, access, scale, and streetscape. Currently, the City does not yet have these types of guidelines lines in place. The proposed Master Plan addresses compatibility with its limitation on units to be similar to maximum low density development allowances. Additionally, staff proposed a stipulation to require multiple buildings in order to limit construction one large budling on site that could be out of scale for the area Public Actions The RN2 category also encourages public actions that recognize the unique established urban environment and proactively develop support programs that encourage reinvestment, transit extensions, improving pedestrian access with walkability and bike facilities, historic programs that maintain essential character and the use of overlays to achieve characteristics that enhance the neighborhood. The surrounding neighborhood near 802 Delaware fits the anticipated characteristics of just such a neighborhood. Scale and compatible neighborhood design are important here as the surrounding area is a mix of single-family and two-family homes. A full list of RN2 guidelines and goals are found in Attachment E. The RN2 characteristics are supported further by Ames Plan 2040 Comprehensive Plan Principles related to infill with Growth (G3), Neighborhoods and Housing (H2) and Community Character (C3), which are also contained below in Attachment E. These sections deal further with guiding principals of creating appropriate urban fabric, housing considerations and maintaining community character. Staff also notes that the Implementation Chapter discusses rezoning and consistency with the Plan. The adopted Plan includes a compatibility matrix that was initially part of the Growth and Land Use Chapter draft that is now considered advisory for future actions regarding updates to zoning. These matrixes do not directly relate to the rezoning request, but do provide context and background for issues of infill and compatibility that were discussed during the writing of the Plan. Master Plan. The Master Plan will govern density with a maximum of 6 units allowed on the site. The future Major Site Development Plan will ensure that the design and building scale of the units is compatible with the surrounding neighborhood. The Major Site Development Plan must also comply with the approved Master Plan. A Master Plan is required in this case based on Section 29.1507(3)(b)(iv) when "The City Council determines that due to specific conditions that exist on or around the area proposed to be rezoned, or due to situations that require more careful consideration of how the layout and design of a site affects general health, safety, and welfare, a Master Plan is necessary for consideration of the proposed zoning map amendment." The City Council, upon approval of the LUPP amendment in 2020, required that future rezoning include a Master Plan due to differentiation of housing types in the neighborhood and medium density zoning abutting low density zoning. Proposed Zoning. The applicant proposes rezoning from "RL" (Residential Low-Density) to RM (Residential Medium-Density) with a Master Plan. The surrounding properties are zoned RL in this immediate area. Properties further north approximately one block are zoned "RH" (Residential High-Density) which contain small apartment buildings. The homes across the street on the west side of Delaware are duplex style homes but are zoned "RL". The "RM" zone development standards allow for duplex homes and small apartment buildings. It should be noted that while a new Comprehensive Plan has been adopted, the existing zoning tools in the zoning ordinance do not necessarily align with or provide the best means of dealing with all goals and objectives of the Ames 2040 Comprehensive plan. Developing additional design details has not yet occurred, the Master Plan for this project addresses some of the issues of infill compatibility related to use and density. Infrastructure. Impacts on infrastructure and City services for this parcel are consistent with what is already anticipated for residential use of the property. Public utilities such as water and sewer serving this parcel are in the right-of-way for Delaware Avenue. No additional utilities or infrastructure are anticipated with future development of the site. Electricity is also available to serve the site. Site access will occur from Delaware. Delaware Avenue is adequate to serve the anticipated traffic generated by this site. Staff anticipates only one driveway to access the site. One driveway helps to keep front yards landscaped areas along the street and to minimizing paving and garage doors as the defining design features of the infill project. Development of the site will trigger sidewalk frontage improvements, however it will be disconnected on the east side of Delaware from other sidewalks. Any future extension of City utilities and connections will be at the property owner's expense. Findings of Fact. Based upon an analysis of the proposed rezoning and laws pertinent to the proposed map amendment, staff makes the following findings of fact: 1. The subject property is owned by Penny Lane Townhomes LLC. 2. Ames Municipal Code Section 29.1507(1) allows the property owner to initiate an amendment to the Official Zoning Map. 3. The proposed rezoning is consistent with the designation of "Established Residential neighborhood 2 (RN2)" identified on the Ames Plan 2040 Future Land Use Map. 4. Development in the "RM" zoning district requires a site plan review process to assure that such development and intensity of use assures a safe, functional, efficient, and environmentally sound operation. 5. Impacts on infrastructure and City services for this parcel is consistent with what is already anticipated for the area. Public Notice. The City provided mailed notice to all property owners within 200 feet of the subject property and published notice prior to the City Council meeting in accordance with the notification requirements of Chapter 29. Attachment A- Location & Zoning Map w UTAH DR UTAH DR w n a_ 802 Deiaiv are Av,enue o a o w Rezoning y 4 0 ¢ R� 0 m PHOENIX 57 PHOENX 57 3 lL W� d (}q'7 V1'R2 E7� DKJVf��� S'-GA i i 802 Delaware Avenue Location Map Current Zoning Attachment B- Current Land Use-RN2 (Property outlined in Blue v err U F i t: Nt i Attachment C- Proposed Zoning W 7 C J UTAH DR UTAH DR C 802 Delaware Aventie Id Rezoning s z � r w K tt q y PHO END(ST PHOENIX 5T a s i5G9 tiCR SAY 00Wf,ROR S-GA �. : ..P, �i�.. Legend Zoning District 802 Delaware Avenue Residential Residential Low Density Zone"RL"(sec 29.701) Proposed RM Zoning Residential Medium Density Zone"Rtvl"(sec29.702) Special Purpose Government/Airport District"S-GA"(sec 29.1002) Attachment D- Master Plan 14 �6 S V NORM DAKOTA AVE. v 01 Of fz j \ 3 �s, A WIM FNI DE LAW RP AVE. 1�. W y`k d" 4 aYv. 5, u � v1 • �� I i. 5i�" qa w W� c.saccnw c wa<av >v». 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L a� mNyC ; NL coy aaa E m= v 'D o oo a oC C '�,� N a o a E ' c y a L ro o E u ° m m 0i E o c ° a 0 7 a . r» aE c C o ° c_ p q�q' S D'o. . a o °ul- M ou as � Npp �� z r u E � ro :9 �r •�Ny ..- 0 N ro o' n E c°o a �' a" O y N O O C, N j a.21•C L C y ro a t'. w Z W = 3 a y E i17, u ro O ro Q a U L ro dt L O,L = N c ro W U C U Attachment F- Applicants Statement for Rezoning Reasons for Requesting Rezoning We are requesting the parcel be rezoned from the current RL-Residential low Density—RM (Residential Medium Density)—to allow the development of the property as Medium Density. Consistency of this rezoning plan with the Land Use Policy Plan The parcel requested for rezoning meets the consistency and goals of, Medium Density zoning as an acceptable use for residential subdivisions. The current 2040 land use map identifies the parcel as RN-2. The original land use change was based upon the old LUPP standards which are reflected in the following: 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 project provides for additional housing to provide for the expanding population. This project is an infill project and will utilize existing utilities and infrastructure already in place. The proposed use matches the surrounding 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. This request fits the character and compatibility of growth of the surrounding area by providing an infill development matching the existing character and land use. 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. The development planned for this area is to include landscaping and storm water management features on an infill site with minimizing mass grading and utilizing existing utilities already in place. 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. The development is intended to add to the connectivity of the community by having a physical connection to the existing streets, sidewalks and trails to the east. 5. 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 project is an infill project and will be cost effective as it will utilize existing infrastructure already in place and provide smart growth inside the existing City limits. 6. It is the goal of Ames to increase the supply of housing and to provide a wider range of housing choices. This development will provide for additional units for construction which will help with the availability of housing. 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. The development is intended to add to the connectivity of the community by having a physical connection to the existing streets, sidewalks and trails. 8. It is the goal of Ames to enhance the role of Downtown as a community focal point. This project does not propose uses that would duplicate those offered by the downtown. It would increase population which will provide 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. The subdivision provides additional housing for people to allow economic growth. 10. It is the goal of Ames to maintain and enhance its cultural heritage. The proposed site does not negatively impact the cultural heritage of Ames. Current Zoning of the subject property The property is currently zoned Residential Low Density Proposed Zoning of the subject Property The requested zoning is Residential Medium Density Proposed Use of the Property The intended use of the property is attached single family residential housing. Legal Description of the property proposed for rezoning. PARCEL "D" PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6. TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., AMES, STORY COUNTY, IOWA. Voss, Diane From: Janet Payeur <jbpayeur@yahoo.com> Sent: Wednesday, April 20, 2022 10:06 PM To: City Council and Mayor Subject: 802 Delaware Ave proposed townhouse rezoning [External Email] Dear Mayor and Ames City Council Members | am unable Uo attend next week's Ames City council meeting due toa family emergency in Texas, but | wanted you hoba aware of my feelings on the proposed rezoning of 802 Delaware Ave from residential low density to residential medium density. I live at 800 Delaware Ave. and I was able to attend the Ames Zoning Commission meeting on 4/6122 and voiced my disapproval of the proposed 6 - two story townhouses on this small 3/4 acre lot. If the standard for medium density io5 \m�nhouaes/acre. | don't undemtandhow bm|ding8 �xwnhouseson3�\ of acre meets this d*�nidon. ��aybe | have � � misunderstood the criteria. � |t has been a wonderful greenspace�xnumerous viN|�eover the pao 3U+yeoms�oo | have |�adhere. There are 5 � � ranch �Y|edup�xes - the street from me and this lot (west side cfotreeU. There are not enough parking spaces for � the occupants cf these duplexes and the overflow ends upon the east side uf the street in front ofmy house and OO2 � Delaware. Delaware Ave iao very busy street vvi\hincreased traf5cfrom school buses, snow route and entrance to � Spring Valleyhouses cutting though to North Dakota Ave, Since Delaware Ave is snow route, parking is only allowed on the east side of the street. At the zoning meeting, Ruth Hu|otromcommonhad that building G 2 story modern kownhousey, would change the character of the neighborhood since the current neighborhood consists of ranch style single family houses and duplexes at the south end of Delaware, There are multiple 2 & 3 story apartments at the north end of Delaware near Ontario where this development would fit right into the current area. Justin Dodge (Hunziker developer) indicated at the zoning meeting that these units would be rental and not individually owned as first was proposed in 2020 when this rezoning issue came up. He indicated that they were building them to attract young families, but most of the lot will be taken up with buildings and concrete, He did not indicate any amenities that young families would be interested in this area as opposed to other areas of town. | beUave that Ames is overbuilt with apartments and the ISU student population has decreased over the last 5 years. This street needs more single family housing bo attract young families. | do not look forward bo more noise, trash, traffic and parking issues, all of which building town houses/apartme nt would bring to this part of the neighborhood if this rezoning was changed. | am disappointed that Ames government feels the need to fill every green space with * building just hu increase taxes on this parcel. | would appreciate your support in not allowing the rezoning of this lot. Thank you for your consideration. Sincerely, Jane\ Poyeur 80O Delaware Ave Ames, |A5O814 515'708-1355oo|| z DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:City Clerk's Office,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5105 Return to;Ames City Clerk,P.O.Box 811,Ames,IA 50010 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 802 Delaware Avenue, is rezoned with a Master Plan from Residential Low- Density"RL"to Residential Medium-Density"RM". Real Estate Description: Parcel"D"Part of the Northeast Quarter of the Southeast Quarter of Section 6. Township 83 North, Range 24 West of the 5'p.m., 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 Diane R. Voss, City Clerk John A. Haila, Mayor