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HomeMy WebLinkAboutA017 - Council Action Form dated March 23, 1999 Y ITEM#: DATE: 03/23/99 COUNCIL ACTION FORM SUBJECT: RESOLUTION TO APPROVE AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT PLAN (PUD) FOR SOMERSET SUBDIVISION AND TO APPROVE A CHANGE TO THE AGREEMENT PERTAINING TO THE REZONING, PLATTING AND DEVELOPMENT OF THE SOMERSET SUBDIVISION. ACTION FORM SUMMARY: This is a request to approve amendments to the PUD Plan for Somerset Subdivision and to approve a change to the zoning agreement for Somerset Subdivision. Approval of these amendments to the PUD plan and the zoning agreement changes is recommended. BACKGROUND: The developer is requesting approval of three setback amendments to the Planned Unit Development (PUD) plan for the Somerset Subdivision. They involve changes to reduce the minimum rear yard setbacks for Village Houses and Country Houses and to allow a zero setback from the interior side lot line for a Village Apartment detached garages. Currently the PUD plan adopted for Somerset Subdivision requires a minimum rear yard setback of 30 feet for Village Houses and Country Houses. The developers are requesting the minimum rear yard setback be reduced to 20 feet. This request is being made because of problems designing homes with attached garages on corner lots. See the attached drawing of a corner lot on Camden Drive. It should be noted that the Village Houses and the Country Houses are zoned either R1-6 PUD or R-2 PUD, and the minimum rear yard setback in the R1-6 and R-2 zoning districts is 20 feet. Therefore the current PUD plan requires a greater rear yard setback than would be required under conventional zoning, and there does not appear to be a significant reason to require a greater setback than would be required conventionally. Also a request is being made to reduce the minimum setback for a Village apartment garage from five (5) feet to zero along the interior side lot line. This change will result in the elimination of 10 foot wide corridors between the garages and allow for wider vehicle maneuvering area between garages. And in the case of 72 wide lots it will provide an opportunity to have two sets of garages on the parcel with a drive aisle in between. The additional width is needed because garage parking spaces are deeper than surface parking spaces. ANALYSIS: Land Use Policy Plan (LUPP). The proposed development and the proposed changes to the PUD are consistent with the 1997 LUPP Map designation of Village/Suburban Residential. Zoning. The Village Houses and the Country Houses are zoned RI-6 PUD and R-2 PUD. The Village Apartments lots are zoned R-3 PUD. Parking. The proposed setback reduction from a minimum of five feet to zero from the interior lot line for Village Apartment garages will facilitate garage parking for the narrower width Village Apartment lots. Without this change surface parking would have to used to meet some of the on-site parking requirements. Architectural Elevations. The developers have submitted architectural elevations for the zero lot line garages that utilize a roof design that minimizes the roof height of the two combined garage structures. See the attached architectural elevations. There is a design criterion that states that a garage should not be more than one floor in height. A 44 foot wide building, which would result from the combination of two garages with a zero lot line, has the potential to have a roof height of the combined garages, which would appear to be more than one story in height. However, the proposed roof design proposed by the developers minimizes the roof height and creates the appearance of a normal one story garage. The developers have also minimized the massiveness of the combined garages by including window detail at the end of each of the zero lot line garages. Another technique used to reduce the height of the garages is the use of a one foot high, lapped sided, trim strip under the roof soffit. A stipulation of approval of the zero lot line garage setback should be that the garages are designed in accord with architectural representations that are attached. Setbacks. The proposed setback changes for Village Houses and Country Houses are a reduction in the minimum rear yard setbacks from 30 feet to 20 feet. These changes will make designing homes on corner lots easier and should not cause a detrimental impact on interior lots. The proposed setback change to allow a zero setback for Village Apartment, detached garages also should not have a negative impact on development, provided architectural design measures are taken to minimize the roof height of the combined detached garages so they have the appearance of a one story structure. Refer to the discussion above. Also party wall agreements will be needed because of the zero lot line. 2 Intent of the Planned Residential Development. It is the intent of the City of Ames to encourage planned residential developments as appropriate, more specifically it is the intent to: "(a) Promote and permit flexibility that will encourage a more creative and imaginative approach in development and result in more efficient, aesthetic, desirable, and economic use of land, while maintaining density and intensity of use consistent with the adopted Land Use Policy Plan." • The proposed setback changes will further enhance the flexibility in the design of creative buildings, while maintaining the intended density and intensity of development. "(b) Provide a minimal effect upon adjacent properties and existing development. To this end, the Planning and Zoning Commission may make the appropriate requirements." • The proposed changes should have minimal effect on adjacent property. There will have to be party wall agreements for the zero lot line garages to protect the interest of the affected property owners. Also the design of the garage roofs should be consistent with the roof designs, as presented, to minimize height and massing concerns. These should be stipulations to the approval of the zero lot line setback for the Village Apartment garages "(c) Promote development that can be conveniently, efficiently, and economically served by existing municipalities and services or by their logical extension." • This not applicable "(d) Promote flexibility in design, placement of buildings, and use of open space, pedestrian and vehicular circulation facilities, and off-street parking areas in a manner that will best utilize the potential of site characterized by special features of geography, geology, topography, size, or shape." • The proposed setback changes will further promote flexibility in design, and additionally the zero setback from interior lot lines for the Village Apartment, detached garages will create an opportunity for off- street, covered parking on the narrower width, Village Apartment lots. "(e) Provide, where it is shown to be in the public interest, for the preservation of historic features and such natural features as streams, drainage ways, flood plains, ponds/lakes, topography, rock outcroppings, unique areas of vegetation, stands of trees, and other similar natural assets." • This is not applicable. 3 "(f) Provide for more adequate recreational facilities and other public and common facilities than would otherwise be provided under conventional land development." • This is not applicable. "(g) Provide for the enhancement of the natural setting through careful and sensitive placement of man-made facilities and plant materials." • The potential massiveness of the two garages abutting each other with a zero setback has been mitigated with the proposed roof design that has been presented. This proposed garage design will be an enhancement to the natural setting. Design Standards. Even though PUDs promote and permit flexibility of design, certain standards must be applied to assure compatibility of the project with the intent of the Zoning Ordinance. The following standards are applicable: (a) Permitted Uses. The normal permitted uses in a PUD are uses of a residential character, including single-family (detached or attached), two-family and/or multiple- family dwellings as well as the usual accessory structures, such as garages, storage space and buildings for recreational purposes. • No changes to the permitted uses are proposed. (b) Density. • No changes in density will result from the proposed setback changes. (c) Tract Size. • No changes to the tract size are proposed. (d) Parking. The parking provided on the site must meet the requirements of Section 29.41 "Rules for Computing Off-Street Parking". • There will be no change to the dimensional requirements for parking or to the number of required parking spaces as a result of these setback changes. 4 The parking design must also meet the following standards: "(i) Parking areas shall be treated as an integral part of the development in scale, location, and character." • The proposed change to the detached garage setback for Village Apartments with the proposed architectural design detail will result in the parking for the Village Apartments being treated as an integral part of the development in scale, location and character. "(ii) Parking areas shall be so arranged to discourage through traffic." • The setback revisions will not affect this standard. "(iii) As appropriate, parking areas shall be screened from adjacent structures and streams with hedges, plantings, fences, earth berms, changes in grade, and/or similar examples." • The design criteria for Village Apartments already requires appropriate screening of parking areas in the form of garden walls. The setback change will not affect this design requirement. "(iv) Parking areas shall be so designed to allow for drainage of surface water without erosion, flooding, or other inconvenience." • The garages that are built with a zero lot line will have to have roof drains that address roof drainage from these larger structures. (e) Height. The Planned Residential section of the Ordinance does not mandate a maximum height requirement. However, heights shall be regulated to the extent that it relates to the proposed development and to the general area within which the development is proposed to be located. • The intent of the design criteria for Village Apartment garages will be met, provided that the proposed roof design, is used for the zero lot line garages. (f) Open Space. A major portion of any PUD is its open space. The desirability of the PUD is closely tied to the integration of the open space with the total development. • These changes to the setback requirements should not affect the designated open space areas in the Somerset Subdivision. The 10 foot space between the garages that would be eliminated was not useable open space area. 5 (g) Other Considerations. A number of major factors should undergo evaluation as part of the design standards. Those include- (i) Natural drainage areas shall be retained as appropriate and, if necessary, improved. • This not applicable. (ii) Due consideration shall be given to preserving natural site amenities and minimizing the disturbance to the natural environment. • There will be no effect on natural site amenities. (iii) Existing trees shall be preserved wherever possible. The location of trees is to be considered in designing building locations, underground services, and paved areas. • There will be no effect on existing trees. (iv) If the development includes flood plain areas, they shall be preserved as permanent open space. There are no floodplains on this site. (v) Due consideration shall be given to the natural topography and major grade change shall be avoided. If the development includes hillsides and slopes, special evaluation shall be given to geological conditions, erosion, and topsoil loss. If unfavorable development conditions exists, the City Council may restrict leaking, cuttings, filling, or other substantial changes in the natural conditions of the affected area. This is not applicable. STAFF COMMENTS: Staff recommends approval of the three setback changes to the PUD plan for Somerset Subdivision. The reduction in the rear setbacks of the Village Houses and the Country Houses will allow for more flexibility in the design of homes, especially on corner lots. The ability to utilize a zero setback from the interior lot line for Village Apartment garages will result in more covered parking for the Village Apartments, and the proposed architectural design solutions for these larger garage structures will mitigate any possible negative effects. 6 The following stipulations should be placed on the approval of the zero setback from the interior lot line for Village Apartment garages: 1. That the Village Apartment zero lot line garages shall be in substantial compliance with the architectural representations that are attached, including roof design and placement of windows. 2. That there shall be party wall agreements for all zero lot line garages. It should be noted that these proposed changes to the setbacks in the Somerset Development will require not only a PUD plan amendment, but also an amendment to "An Agreement Pertaining to the Rezoning, Subdivision Platting and Development of Land in the City of Ames to be Called Somerset Subdivision", since this is a zoning contract that contains the requirements for development in the Somerset Subdivision. The changes to this zoning agreement have been prepared by the City Attorney and are attached. RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: The Planning and Zoning Commission reviewed this request at their meeting of March 3, 1999 and recommended that this request be approved with the following stipulations: 1. That the Village Apartment zero lot line garages shall be in substantial compliance with the architectural representations that are attached, including roof design and placement of windows. 2. That there shall be party wall agreements for all zero lot line garages. 7 ALTERNATIVES: 1. The City Council can approve an amendment to the Planned Unit Development (PUD) Plan for Somerset Subdivision to allow the three setback revisions with the stipulation listed above and also approve the necessary changes to the zoning agreement. 2. The City Council can approve an amendment to the Planned Unit Development (PUD) Plan for Somerset Subdivision with modifications and also approve a the necessary changes to the zoning agreement. 3. The City Council can deny the amendment to the Planned Unit Development (PUD) Plan for Somerset Subdivision. 4. Action on this request can be postponed and referred back to City staff and/or the developer for additional information. RECOMMENDED ACTION: It is recommended that Alternative #1 be adopted. Alternative #1 is approval of the PUD Plan Amendments to allow the changes in the rear yard setbacks for Village Houses and Country Houses and the side setback for Village Apartment garages. Approval will allow the developer to proceed with development under these new regulations. Attachment 8 i O \\ Zy O \ -�- 0�T7-- D:3 \\ -�- m co I � I 03 i II NOt/8135 1 NO'd813S i 'O,t 6V38 30V�JVO 03SOdOad ONdW 0-,OZ 0�,ZZ ! „0-,8! 0-,S! i I N0V813S' 08W, �!d38 Z ,0-.OE I i Q i Q E- E- W � z � o � IF ALLEY 3'-0" MIN. 24'-0" MAX -0" MIN. \ \ \\ \ \ \\ \\\\ \ \ \\ \\ \ \ \ \ \ \\ \ BUILD TO LINE \` \\\\ \\\\\\ \ \\ \ \\ \ \ \ \ \ \ \ \ \\.\ \. \. \\\ \ i oi_ aIZ I ------ ...... i 3 ! ! i ! \\\\ \ \ \ \\\\\\ \\\ ! \\ \\ \\\\\ \ \ \ 20'-0" MIN. 20'-0" MIN. \\\\ \\\ \\\\ BUILD TO LINE \ \ \\ \ I ! j I ! L.-.-.---.-.-.-.-.-----.-.-- --.-.-.-.-.-.--_.-.-.-- SOMERSET COUNTRY HOUSE SITE DIAGRAM ARCHITECTS RUDI/LEE/DREYER 1/24/98 N.T.S. I � iA If ALLEY 3'-0" Mile. 24'-0" MAX. BUILD TO LINE I i o z oIIZ ! _._._ A--._.—._.—._._._. r JJ i I 33' MIN. OR OPTIONAL 25'-0" MIN. WITH 6"-8' PORCH REQUIRED \\ \ \ 20'-0" MIN. \\ \ \ \ NI ' i ! � 15-0" ! i BUILD TO LINE I z >< I U I I L--._.—._._.. ------.—._.—._._--------------------_._.�I SOMERSET VILLAGE HOUSE SITE DIAGRAM ARCHITECTS RUDI/LEE/DREYER 1/24/95 N.T.S. --------- ---•---•------- -------, � i 6'-0- MIN. I ENTY REQ'D ZERO SIDEYARD SETBACK { \\ \\ \' FOR DETACHED GARAGES I \\`\ \ \\\ \ BUILD TO \ LINE { \ \ EN REQ•D ALL EXTERIOR BUILDING WALLS J o o S REEN;,;d,, RA,-S FR ni u I Ai�JACENT SpTyP.EtET� OAP, fYATHS --•—...— �— — — —.—. L..—.— ENCSLT - RESIDENTIAL INT IOE — SOMERSET VILLAGE APARTMENT SITE DIAGRAM ARCHITECTS RUDI/LEE/DREYER 1/23/98 N.T.S. I I z CC0 a 1 I ' � 9 li Q lil y I i 1 1 Ij p� i Ij I I I I I I. 1 I Z- A It - I 9 i z TPHI Is a 1,pi 5 I oo � 7 � t --= fill Ili `? --- �i Z ;ICI j I I � ; I Ali i i f t � l i I � I i 4 1 i I I i 1 scur�c-.�- w/rat-�5p�ur p , « SECOND AMENDMENT TO THE AGREEMENT FOR REZONING, PLATTING AND DEVELOPMENT OF SOMERSET SUBDIVISION THIS AGREEMENT is made and entered into effective the day of , 1999 by and between the CITY OF AMES,IOWA("City);and ERBEN A.HUNZIKER,TRUSTEE OF THE ERBEN A. HUNZIKER REVOCABLE TRUST, DATED JULY 29, 1992; DONALD M. FURMAN and RUTH W.FURMAN,CO-TRUSTEES OF THE DONALD AND RUTH FURMAN REVOCABLE TRUST, DATED MARCH 1, 1991; and, R FRIEDRICH & SONS, INC., their successors and assigns (all hereinafter collectively called"Developers"), to AMEND that one certain agreement between the aforesaid parties dated April 8, 1997 entitled: AN AGREEMENT PERTAINING TO THE REZONING,SUBDIVISION PLATTING AND DEVELOPMENT OF LAND IN THE CITY OF AMES TO BE CALLED SOMERSET SUBDIVISION. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree that the aforesaid agreement shall be and is hereby amended as follows: 1. Appendix B, stating regulations for single family homes, is amended by changing paragraph 6,p, on page B-4, to state: "On Single Family homes,the front yard build to line shall be 20' for Country Houses and 15' for Village Houses and Village Cottages. The side yard setback shall be 5' and the rear yard setback shall be 20' on all Single Family Homes." 2. Appendix D, stating regulations for "Country House", is amended by replacing the drawing at the top of page D-1 with a new drawing on page D-1A as attached hereto. 3. Appendix E, stating regulations for "Village House", is amended by replacing the drawing at the top of page E-1 with a new drawing on page E-1 A as attached hereto. 4. Appendix G, stating regulations for Village Apartments, is amended by replacing the drawing at the top of page G-1 with a new drawing on page G-1A as attached hereto; and,by adding new pages numbered G-8, G-9 and G-10 as attached hereto, to show architectural elevations for a permitted zero lot line garage. In all other respects, the said Agreement shall remain the same. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective as of the date first above written. CITY OF AMES,IOWA By. Attest by: Ted Tedesco, Mayor Diane Voss, City Clerk STATE OF IOWA,STORY COUNTY ss: On this day of 19_,before me,a Notary Public in and for the State of Iowa,personally appeared Ted Tedesco and Diane R.Voss,to me personally known,and,who,being by me duly swom,did say that they are the Mayor and City Clerk,respectively,of the City of Ames,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council,as contained in Resolution No. adopted by the City Council on the day of 19 , and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. Notary Public in and for Story County,Iowa DEVELOPERS By: Erben A. Hunziker,Trustee of the Erben A. Hunziker Revocable Trust, Dated July 29, 1992 STATE OF IOWA,STORY COUNTY ss: On this day of , 1999,before me,the undersigned,a Notary Public in and for the State of Iowa, personally appeared Erben A. Hunziker,Trustee of the Erben A. Hunziker Revocable Trust, Dated July 29, 1992,to me known to be the identical person named in and who executed the foregoing instrument,and acknowledged that the person,as the fiduciary,executed the instrument as the voluntary act and deed of the person and of the fiduciary. Notary Public in and for Story County,Iowa APPROVED AS TO FORM E' John . Klaus City Attornev By: BY: Donald M. Furman, Co-Trustee of Ruth W. Furman, Co-Trustee of the the Donald and Ruth Furman Revoc- Donald and Ruth Furman Revocable able Trust, Dated March 1, 1991 Trust, Dated March 1, 1991 STATE OF IOWA,STORY COUNTY ss: On this day of 1999,before me,the undersigned,a Notary Public in and for the State of Iowa, personally appeared Donald M. Furman and Ruth W. Furman, Co-Trustees of the Donald and Ruth Furman Revocable trust,Dated march 1, 1991,to me known to be the identical persons named in and who executed the foregoing instrument,and acknowledged that those persons,as the fiduciaries,executed the instrument as the voluntary act and deed of the persons and of the fiduciary. Notary Public in and for Story County,Iowa By: BY: Reinhard K. Friedrich, President Robert K. Friedrich, Jr., Vice President R. Friedrich& Sons, Inc. R. Friedrich& Sons, Inc. STATE OF IOWA,STORY COUNTY ss: On this day of 19_,before me,a Notary Public in and for Story County,Iowa, personally appeared Reinhard K. Friedrich and Robert K. Friedrich,Jr.,to me personally known,who being by me duly sworn, did say that they are the President and Vice President respectively of R. Friedrich & Sons, Inc., that the seal affixed to said instrument is the seal of said corporation, or no seal has been procured by the said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors and the said Reinhard K. Friedrich and Robert K.Friedrich,Jr.,acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. Notary Public in and for Story County,Iowa law\somerset.317 IF ALLEY �\\ \\� 4'--0 \\�I \\\\ 2 -0 MAX �\ \ \ \ \ \ \ BUILD TO LINE \ •. I i oz oz i r . _. ._.._.-.-.-.-.. --- -.-.-.._._. . .-.-.-.-.� I I i \ i i j 20'-0" MIN. 20'-0" MIN. BUILD TO LINE I ( I I � L.-.-.-.-.-.-.-.-.-.-.-.-.-. .-.-............. - SOMERSET COUNTRY HOUSE SITE DIAGRAM ARCHITECTS RUDI/LEE/DREYER 1/24/98 N.T.S. D-IA i � 2 I If ALLEY 3-0" MIN. 24'-0" MAX. I \ \\ \ i \ \ BUILD TO LINE I I \ { aZ oZ I -.-•-•-•-•-.-.-.- -•-'-•-•-•-•-•-•-•- I � I - I \\\ \ 33' MIN. 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