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Home My WebLink AboutA4 1 ITEM# 3 DATE: 03-13-13 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT CASE FILE NO.: ZBA-13-02 DATE PREPARED: March 6, 2013 MEETING DATE: March 13, 2013 APPLICATION FOR VARIANCE: To allow block face length of 1000 feet for Somerset Subdivision 25th Addition APPLICANT: Heartland Development L.C. LOCATION: 2714 & 2806 George W. Carver Avenue (See Attachment A — Location Map) ATTACHMENTS: A - Location Map B - Excerpt from Table 29.501(6) Applicant's Responses to Criteria Floating Zone Uses, Sheet A.02 Somerset Subdivision overall Preliminary Plat/Major Site Plan BACKGROUND: On April 8, 1997, the City Council approved a Zoning Change Agreement that included a Conceptual Development Plan for Somerset Subdivision. (See Attachment A — Location Map). The project included an 11-acre site for a future public school at the west side, northeast of the intersection Northridge Parkway and George W. Carver Avenue. In 2000, the City Council approved a new Zoning Ordinance that included a new zoning classification: Village Residential Floating Zone (F-VR). The Zoning Ordinance standards for this new zoning district placed into the code the elements and characteristics of the Conceptual Development Plan for Somerset Subdivision. The entire Somerset Subdivision was zoned Village Residential Floating Zone (F-VR), including the subject parcels. In 2012 the Ames Community School District sold its 11-acre parcel to Heartland Development L.C., represented by Kurt Friedrich, who now proposes to develop on the parcel 73 residential dwelling units, including apartments and detached and attached single family residences. (See attached Floating Zone Uses, Sheet A.02 of proposed plans).The proposed plan provides for a net density of 8.27 dwelling units per acre for r the subject parcel and 9 dwelling units per acre for the residential portion of the entire subdivision. The Village Residential Zoning regulations require the minimum average net density to be at least 8 dwelling units per acre. The zoning regulations for the F-VR district include Village Residential Supplemental Development Standards, Ames Municipal Code Table 29.1201(6). The Lot and Block Design standards in this table prohibit any block face longer than 660 feet. (See Attachment B — Excerpt from Table 29.1201(5).) The proposed public street, Turnberry Drive, is 1000 feet in length, exceeding this standard. It is important to note that another cross street is not possible in this area because of the existing commercial area to the east and George W. Carver Avenue to the west. The traffic volume on George W. Carver Avenue and the proximity to other cross oss street been intersections prevent access to this site from the west. Therefore, application made for a variance from this zoning standard. VARIANCE CRITERIA: The variance criteria may be found in the Ames Municipal Code, Section 29.1504(4) and is as follows: (a) The granting of the variance shall not be contrary to the public interest. (b) That without granting of the variance, and due to special conditions, a literal enforcement of the ordinance will result in unnecessary hardship. Unnecessary hardship exists when: (i) The land in question cannot yield a reasonable return if used only for a purpose allowed in the zone. (ii) The plight of the owners is due to unique circumstances and not to the general conditions in the neighborhood. (iii) The use to be authorized by the variance will not alter the essential character of the locality. (c) The spirit of the ordinance shall be observed even when the variance is granted. (d) Substantial justice shall be done as a result of granting the variance. FINDINGS OF FACT & CONCLUSIONS: Staff makes the following findings of fact and conclusions. (a) The granting of the variance shall not be contrary to the public interest. FINDINGS: The original and existing plan for Somerset Subdivision included an 2 elementary school on the subject property with no street connection, either north to south or east to west, and that plan was approved as meeting the public interest. The proposed new residential uses are provided access from either north or south and then from two major streets, Stange Road and George W. Carver Avenue. An additional street connection to George W. Carver Avenue will not be permitted in order to protect public safety. Pedestrian connection to the sidewalk system to the northwest is provided in the middle of the long block. CONCLUSION: The rest of Somerset has been developed without cross streets within the subject parcel being necessary to meet the public interest. The change in use for the subject parcel from a school to 73 residences has not created a need for an east-west cross street. The need for pedestrian connectivity has been accommodated. Therefore, the Board can conclude that this standard has been met. (b) That without granting of the variance, and due to special conditions, a literal enforcement of the ordinance will result in unnecessary hardship. Unnecessary hardship exists when: (i) The land in question cannot yield a reasonable return if used only for a purpose allowed in the zone. FINDINGS: Reducing the maximum block face lengths to 660 feet would require that a new cross street be added to the plan. Due to safety concerns and traffic flow, the City will not allow a cross street to connect to George W. Carver Avenue. Existing built-out commercial development under separate ownership prevents a cross street connection to Stange Road on the east. It is not possible to compel that owner to sell developed land and remove new buildings to allow a new street connection. Creating a cross street entirely within the 11-acre subject parcel would not create a logical and efficient street system. Due to existing grade changes across the site, the street could also exceed allowed maximum street grades. It would reduce return on investment by creating more expense for street construction and less revenue from fewer dwelling units. This could also reduce the average net density below the required 8 dwelling units per acre. If it is not possible to develop the subject parcel in a manner that meets all of these zoning and subdivision requirements, then the parcel has little to no value. CONCLUSION: It can be concluded that requiring an additional cross street in order to approve the subdivision plat will prevent a reasonable return. Therefore, the Board can conclude that this standard has been met. (ii) The plight of the owners is due to unique circumstances and not to the general conditions in the neighborhood. FINDING: Previous development following an approved plan has caused the size, shape and surroundings of the subject property and the change in use from 3 the planned public school. These conditions exist in no other portion of Somerset. CONCLUSION: Unique physical characteristics of the subject property have created the need for the requested variance. Therefore, the Board can conclude that this standard has been met. (iii) The use to be authorized by the variance will not alter the essential character of the locality. FINDING: The proposed development plan is based on land use and building types that have been developed previously in Somerset. These use and building types are to be located adjacent to existing compatible use and building types. The proposed single, 1000-ft long public street facilitates and supports this arrangement. The resulting plan is consistent with the existing character of this locality. (See attached Somerset Subdivision overall Preliminary Plat/Major Site Plan) CONCLUSION: The proposed 1000-ft long public street will not alter significantly the character of the area. Therefore, the Board can conclude that this standard has been met. (c) The spirit of the Ordinance shall be observed even when the variance is granted. FINDING: The purpose of the Village Residential zoning classification is as follows. The Village Residential District is intended to allow for integration of uses and design with greater potential for social and physical interaction through a "village" concept. These villages will be adapted to the emerging suburban landscape by creating living areas designed to ensure the development of the land along the lines of traditional neighborhoods. (Ames Municipal Code Section 29.1201(1)) CONCLUSION: This purpose is supported by the arrangement of use and building types, the north/ south connection made by the proposed street, sidewalks and midblock walk connection. Therefore, the Board can conclude that this standard has been met. (d) Substantial justice shall be done as a result of granting the variance. FINDINGS: Since no feasible way has been found to provide another connecting public street and at the same time meet all of the other zoning and subdivision standards, enforcing the maximum street length standard of 660 feet will prevent development of the subject property. 4 r CONCLUSION: Requiring a maximum block face length of 660 feet deprives the applicant of use and enjoyment of his property. Therefore, the Board can conclude that this standard has been met. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve this request for a variance to allow a public street block face length of 1000 feet for Somerset Subdivision 25th Addition. 2. The Zoning Board of Adjustment may deny this request for a variance to allow public street block face length of 1000 feet for Somerset Subdivision 251h Addition. 3. The Zoning Board of Adjustment may table this variance and seek further information from the applicant or from staff. DEPARTMENT RECOMMENDATION: Based on the findings of fact cited above, staff has concluded that the proposed variance meets all of the criteria in the Zoning Ordinance for approval of a variance. Therefore, it is recommended that the Board act in accordance with Alternative #1, which is to approve this request for a variance to allow a public street block face length of 1000 feet for Somerset Subdivision 25th Addition. SAPLAN SHR\Council Boards Commissions\ZBA\Variances\2714-2806 GWCarver-block length variance-03-13-13.docx 5 Attachment A LU �BUCHAANNA PO t K DR , s. Q , CLAYgTON DR d r 0 «"" 14 �s s MgR � Fk .« t� CORK SYCAMORERD .�' �",u,r ON4A NORTHRIDGE '.� — fi . Subject F Area �`RIpG1ETOP, � "�.�'3x RD m r v " 241 H C GREEN56OR�D DR a• a k 4 � n Location Map 2714 & 2806 George W. Carver Avenue N 6 Attachment B Excerpt from Table 29.1206(5) Village Residential Floating Zone(F-VR) Supplemental Development Standards NIFIVI-Al, FAA ZONE \11 street.,and Ale4�shA I at other streets within the project and shall connect to the existing anal PrOPOSC(l thl'0111211 streets OUW&the project. Street layout and design shall create an open networl,that create blocks that%,hall not exceed 660 feet on block;'ace. The,treat nelmork shall create a hierarchical street system that establishes theoverall structure of the Village Residential project. Cut-de sacs shall not be permitted except where unusual physical or topographic conditions exists that nKike the use of cul-de-sac an eNsential means of providing street frontage. Where the street dc:,ign proposes a street to terminate at an intersection with another street, the termination%ista shall be the location of significant and carefully designed building, open space or public monument that creates a landmark or a fiscal point. Cur-,ed street design shall maintain one general directional orientation. Alley,shall be required for property access for lots,that are less than 60 tweet wide,and "\here m alley exists no access shall N pernumd from the adjoining street, Lots that are less than 60 teet in width shall he subdivided into sub-lots of no less than I feet inwidth. Sub-lots may he consolidated into larger lots at the discretion of the propvrl% owner to create flexibility for 3 VaTWIV of residential housing qpes. A comer lot condo i m exists whenever:i street intersects with another street oLLIL:�' � 7