Loading...
HomeMy WebLinkAboutA7 ITEM # 3 DATE 1-8-14 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: December 30, 2013 CASE FILE NO.: ZBA 13-13 REQUEST: A Special Use Permit to allow the construction of an independent senior living facility in a FS-RM Zoning District PROPERTY Friedrich Land Development, Ames, IA OWNER: CONTACT: Scott Renaud, FOX Engineering, Ames, IA; Shane Wright, Real Estate Equities Development, LLC LOCATION: Southwest corner of Oakwood Road and Cedar Lane (See Attachment A) ZONING: FS-RM Suburban Residential Medium Density BACKGROUND AND PROJECT DESCRIPTION: The request is to construct an independent senior living facility that includes fifty dwelling units in a three-story building. The Ames Municipal Code defines independent senior living facility as: an apartment dwelling featuring a central lobby, common dining area, and recreational rooms exclusively for the tenants. Domiciliary care services exclusively for the tenants may also be provided. Accessory support uses exclusively for tenants, such as pharmacies, banking services, barbers/beauticians, etc. may be included. The occupancy of an independent senior living facility shall be limited to: (a) Persons of the age of 55 or greater, or (b) `Handicapped' but not including those persons currently illegally using or addicted to a `controlled substance' as defined in the Controlled Substances Act 21 U.S.C. Section 802(6). An independent senior living facility is a permitted use in the FS-RM zoning district when a special use permit is approved. The proposed facility is to be known as the Village Cooperative. While the proposed use is set up as co-op ownership model, a senior living facility may be either rental or ownership as defined by the Zoning Code. The proposed use will have common shared amenities and obligations, but each resident provides for their own care, dining, etc. There are no accessory support uses proposed with this project. 1 The building is proposed on a 3.57-acre site within a 16-acre Master Planned area zoned FS-RM. (See Attachment B Master Plan) The Village Cooperative site is in the northeast corner of the Master Plan area at the intersection of Cedar Lane and Oakwood Road. The Master Plan specifies permitted uses as eight 12-unit apartment dwellings, three single-family detached dwellings, and a 50-unit independent senior living facility. Other significant required elements of the Master Plan for the 16-acre area include: • 50-foot wide landscape buffer along the north • 60-foot wide landscape buffer along the west • 20-foot wide landscape buffer along the south and east • 1.9 acres of common open space • Access from a central drive (Bobcat Drive) connecting Cedar Lane to Oakwood Road • All parking areas within the interior of the site • Storm water management system that exceeds City requirements for reducing the rate that stormwater leaves the site in all design storm events. • Street improvements and provision of the multi-use path along Oakwood Road The Village Cooperative site includes the required perimeter buffers of 50 feet to the north and 20 feet to the east. Access will occur from the central drive. The design includes 89 parking spaces, 58 of which are within the lowest level of the building. The 27,000 square-foot building footprint is comprised of a central core and four wings. The building will have hip roofs, horizontal lap siding, face brick, double hung windows and balconies. (See Attachment D Elevations. The average building height is less than the 50-foot maximum allowed in the FS-RM zoning district, to the midpoint of the roof slope as defined by zoning. The greatest distance from the parking level floor to the peak of the roof is 56 feet. The elevation of the floor above the parking level is approximately ten feet above the grade of Cedar Lane. Because of grade changes across the site and proposed earth work the visible building height is below 50 feet. At the time this application was made the entire property, Lot 79 of Ringgenberg Park Subdivision, addressed as 2899 Cedar Lane, is in the subdivision approval process of the City. A preliminary plat has been approved by the City Council and when the subdivision is final, the Village Cooperative site will be Lot 12 and addressed as 2525 Bobcat Drive. The site has a Major Site Plan approved for five of proposed apartment buildings. PUBLIC COMMENTS: Notification was made to all owners of property within 200 feet. A notice of public hearing was placed on the property and published in the newspaper. As of this writing, no comments have been received. 2 APPLICABLE LAW: Chapter 29, Section 29.1503(4)(a) and (e) of the Municipal Code states the following: (4) Review Criteria. Before a Special Use Permit application can be approved, the Zoning Board of Adjustment shall establish that the following general standards, as well as the specific standards outlined in subsection (b) below, where applicable, have been or shall be satisfied. The Board's action shall be based on stated findings of fact. The conditions imposed shall be construed as limitations on the power of the Board to act. A mere finding that a use conforms to those conditions or a recitation of those conditions, unaccompanied by specific findings of fact, shall not be considered findings of fact for the purpose of complying with this Ordinance. (a) General Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use meets the following standards, and in addition, shall find adequate evidence that each use in its proposed location will: (The standards are listed in this report below.) (b) Residential Zone Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use in a residential zone meets the following standards..." (The standards are listed in this report below.) (e) Conditions. The Board may impose such additional conditions it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this Ordinance will be observed." STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has provided the attached application including statements as to how the proposed Village cooperative meets the requirements for a Special Use Permit. FINDINGS OF FACT & CONCLUSIONS: Based upon the submitted site and architectural plans and in addition to the facts provided in the application, the following findings of fact and conclusions may be made regarding the standards of approval. General Standards. (i) Be harmonious with and in accordance with the general principles and proposals of the Land Use Policy Plan of the City. Findings of Fact: Goals 1 and 2 of the Land Use Policy Plan (LUPP) recognize that population growth is likely and establish the need to assure areas for growth through the LUPP. LUPP Goal No. 6 is to increase the supply of housing and to provide a wider range of housing choices. Objective 2B states: 3 Ames seeks to assure the availability of sufficient suitable land resources to accommodate the range of land uses that are planned to meet growth. Sufficient land resources shall be sought to eliminate market constraints. The LUPP map designates the area within which the proposed site is located as "New Lands," an expansion area to meet some of the projected need for residential growth. The LUPP map designates the area for Village/Suburban Residential land uses. The LUPP describes the following policies for suburban residential development in the New Lands: Suburban Residential is intended to create generally homogeneous residential areas with little design integration, no mixture of uses, densities somewhat less than Village Residential, multi-family uses located along designated transit corridors only and landscaped buffers between single- family and multi-family areas. Although transportation will be focused primarily on the automobile, efforts will be expected to create improved pedestrian linkages with parks, school sites and open space facilities. The proposed Village Cooperative is located along a minor arterial street. The Master Plan and site plans include major landscape buffers between this multi- family building type and low density single family residences. LUPP Goal No. 4 and Objective 4a establish connectivity of various living/activity areas and inclusion of community amenities such as parks as important for creating a greater sense of place, promoting community identity and assuring a more healthy, safe and attractive environment. The proposed independent senior living facility is located in an area with convenient vehicle access to commercial and personal services, cultural and athletic facilities and a city park (Christofferson Park). Improvements are planned for pedestrian and bicycle access. Conclusions: The proposed independent senior living facility helps to fulfill the LUPP policies for providing adequate housing for a variety of needs. It is to be located in an area designated for suburban growth. The proposed site development is consistent with the suburban style development that the LUPP describes and also incorporates elements that are consistent with the policies for "New Lands" in the LUPP. When developed according to proposed plans, the area will have connectivity to services and amenities. It can be concluded that the development meets General Standard (i) for a Special Use Permit. Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed. 4 Findings of Fact: The surrounding neighborhood is comprised of a variety of housing/building types, including a church, multi-family buildings, agricultural buildings, and one and two-story single-family residential homes.. The Independent Senior Living Facility has a complex shape, with hip roofs, horizontal lap siding, face brick, double hung windows and balconies. (See Attachment D Elevations) The Village Cooperative is a residential use that the LUPP and zoning code recognize as compatible with lower density residential uses, when designed to meet these requirements for a Special Use Permit. Conclusions: Its design features give the proposed building residential scale and appearance, which is compatible with its surroundings. It can be concluded that the development meets General Standard (ii) for a Special Use Permit. Not be hazardous or disturbing to existing or future uses in the same general vicinity. Findings of Fact: The primary existing use in the general vicinity is detached residences, generally owner occupied. The area to the west of the proposed site is being developed with rental apartments, in buildings that each has fewer units than the Village Cooperative. To the east of the proposed Village Cooperative is a church. By definition of the Zoning Code, the proposed use it is limited to residents that are 55-years old or older. According to the Articles of Incorporation of the Village Cooperative, its purpose is to provide housing to persons 55 years of age or older (See Attachment C). Conclusions: Construction of the independent senior living facility, as proposed, should not be disturbing or hazardous to existing and future uses in the area as it is a similar residential use to those that are planned and existing. It can be concluded that the development meets General Standard (iii) for a Special Use Permit. (iv) Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, and/or schools. Findings of Fact: The site is served by a collector street and a minor arterial street that provides connections to major cross-town arterials, as well as to U. S. Highway 30 within less than a mile. The Ringgenberg developer is extending water and sanitary sewer mains along the south side of the proposed site. All of these water and sewer lines will be installed in accordance with infrastructure plans submitted to and approved by the City and will be in easements to the City. All other City services are available to the site. Electric, communications and gas lines on the site perimeter are adequate to serve the proposed development. Storm water management required by the approved Master Plan and Preliminary Plat for subdivision of Lot 79 provides a system of overland flow, drainage ways, 5 detention areas and storm sewers that will reduce the rate of storm water runoff from the site after full build-out for all storm events up to the 100-year storm up to 82% below the current undeveloped rate. This potentially increases the capacity of the existing City storm sewer system to accommodate larger storm events. Conclusions: This property is adequately served by essential public facilities and services. It can be concluded that the development meets General Standard (iv) for a Special Use Permit. (v) Not create excessive additional requirements at public cost for public facilities or services. Findings of Fact: Guided by development agreements as part of the approval of the Ringgenberg Park Subdivision the developer has provided all needed public improvements, including streets, walks, paths, stormwater management facilities, public utilities and street trees. The only remaining improvements within these agreements are being completed as part of the development of Lot 79.The proposed use is not a non-profit use and will be subject to property taxes to fund needed general services. Conclusions: This use will not create additional requirements at a public cost for public facilities. It can be concluded that the development meets General Standard (v) for a Special Use Permit. (vi) Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any person, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. Findings of Fact: As residential use, the proposed independent senior living facility will not produce noise, smoke, fumes, glare, or odors different from other residential uses. Traffic associated with senior housing is generally found to be less than traffic from other types of residential uses of the same number of units. Conclusions: None of the factors noted above should result from the proposed independent senior living facility. It can be concluded that the development meets General Standard (vi) for a Special Use Permit. (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use. Findings of Fact: On November 26, 2013, by Resolution No. 13-532, City Council included an independent senior living facility in the Master Plan for this area. Conclusions: The City Council has determined that this use in consistent with the intent and purpose of the Suburban Residential Zoning districts. It can be concluded that the development meets General Standard (vii) for a Special Use Permit. 6 Residential Zone Standards. (i) Not create excessively higher levels of traffic than the predominant pattern in the area and not create additional traffic from the proposed use that would change the street classification and such traffic shall not lower the level of service at area intersections. Findings of Fact: At the time the Ringgenberg Park property was zoned for residential use, a traffic impact study was prepared which identified street improvements needed to accommodate the additional traffic without lowering the level of service at area intersections. Those improvements have been completed. Since that traffic study, changes to the Ringgenberg Park development have reduced the number of residential units significantly and therefore reduced the traffic impact. The number of trips generated by the residents of an independent senior living facility during the weekday p.m. peak hour can be one-sixth to one-third of expected traffic if the units are occupied by tenants of traditional apartment units not restricted to seniors.. ("Trip Generation" Manual, Institute of Transportation Engineers). Therefore, traffic associated with the proposed independent senior living facility will be less than originally expected. Conclusions: Street improvements already made will accommodate traffic volumes from this proposed development and maintain the current street classification and level of service at area intersections. It can be concluded that the development meets Residential Zone Standard (i) for a Special Use Permit. (ii) Not create a noticeably different travel pattern than the predominant pattern in the area. Special attention must be shown to deliveries or service trips in a residential zone that are different than the normal to and from work travel pattern in the residential area. Findings of Fact: A central drive provides access to the Village Cooperative site from the west at a drive at Oakwood Road and from the east at a drive at Cedar Lane. There is no vehicle access to Suncrest Drive, which serves a low density residential area to the south. There is no meal service provided to the residents. Therefore, deliveries and service trips will not be different than other apartment type buildings: trash pickup and moving vans and occasionally smaller busses. Conclusions: The proposed use will not create a noticeably different travel pattern than the predominant pattern in the area. It can be concluded that the development meets Residential Zone Standard (ii) for a Special Use Permit. (iii) Not generate truck trips by trucks over 26,000 g.v.w. (gross vehicle weight) to and from the site except for waste collection vehicles and moving vans. 7 Findings of Fact: The only trucks normally expected at the site are trash collection and moving vans and occasionally smaller busses, which are less than 26,000 g.v.w. (gross vehicle weight) . Conclusions: It can be concluded that the development meets Residential Zone Standard (iii) for a Special Use Permit. (iv) Not have noticeably different and disruptive hours of operation. Findings of Fact: "Hours of operation" do not apply to the proposed use. Conclusions: It can be concluded that the development meets Residential Zone Standard (iv) for a Special Use Permit. (v) Be sufficiently desirable for the entire community that the loss of residential land is justifiable in relation to the benefit. Findings of Fact: The proposed use is residential and provides housing for a specific demographic segment of the community. Therefore it will result in no loss of residential land. Conclusions: It can be concluded that the development meets Residential Zone Standard (v) for a Special Use Permit. (vi) Be compatible in terms of structure placement, height, orientation, or scale with the predominate building pattern in the area. Findings of Fact: The Village Cooperative building will be approximately 120 feet from the centerline of Oakwood Road, over 200 feet from the residences across Oakwood Road, and more than 400 feet from the church to the east, the residences to the south and the apartments to the west. The proposed building complies with the 50-foot height limit. Because of grade changes across the site and proposed earth work the visible building height is below 50 feet. Buildings of up to 40 feet height are permitted in the residential zoning district north and east of this site. Schools and churches are uses allowed by Special Use Permit. In other low and medium density residential neighborhoods churches are often the largest building, including the church across the street from this site. The form and detailing of the building described above and by the attached elevations are similar to other residential buildings. The zoning ordinance allows senior housing in multiple-unit buildings without limit on the number of units, although the Zoning Board of Adjustment may limit the size of the development as a condition of the Special Use Permit if needed to meet the standards for approval. 8 Conclusions: The zoning ordinance accommodates a senior independent living facility of this scale in the FS-RM zoning district. The placement, height, scale, massing and fenestration of the proposed building make the building compatible with the residential surroundings. It can be concluded that the development meets General Standard (vi) for a Special Use Permit. (vii) Be located on the lot with a greater setback or with landscape buffering to minimize the impact of the use on adjacent property. Findings of Fact: Zoning requires that the building be set back at least 25 feet from the north and east property lines. The building is to be 65 feet from the north property line and 55.7 feet from the east property line. The distance from the building to the other property lines will exceed the required 10-ft set back. Four species of deciduous trees and two species of large coniferous trees will comprise the 50-foot landscape buffer and the north and the 20-foot landscape buffer on the east and west. These are in addition to shrubs and trees in the street rights-of—way. The Master Plan requires all of these trees to be planted in the first year of development and are likely to be taller than the building before they reach mature height. Common open space is adjacent to the site on the south and west. Conclusions: The proposed site design provides for both greater setbacks than required and landscape buffering to minimize its impact on the use of adjacent properties. It can be concluded that the development meets General Standard (vii) for a Special Use Permit. (viii) Be consistent with all other applicable standards in the zone. Findings of Fact: The Ames Development Review Committee has reviewed the proposed site plan and determined it to be in compliance with applicable General Development standards, the standards of the FS-RM Zoning District and other city standards. The current property, Lot 79 in Ringgenberg Park Subdivision, is a platted lot. The zoning code allows more than one apartment type building to be constructed on one lot. Therefore, the Special Use Permit can be approved regardless of the status of the platting process to divide the property and create the 3.57-acre Lot 12 to be addressed as 2525 Bobcat. Conclusions: It can be concluded that the development meets Residential Standard (viii) for a Special Use Permit. 9 ALTERNATIVES: 1. The Zoning Board of Adjustment can approve this request for a Special Use Permit to allow the proposed construction of an independent senior living facility at 2525 Bobcat Drive. 2. The Zoning Board of Adjustment can approve the proposed construction of an independent senior living facility at 2525 Bobcat Drive with conditions needed to satisfy the standard(s) in Section 29.1503(4)(a) or (b). 3. The Zoning Board of Adjustment can deny this request to allow the proposed construction of an independent senior living facility at 2525 Bobcat Drive. Denial should indicate the standard(s) in Section 29.1503(4)(a) or (b) that are not satisfied by this application. 4. The Zoning Board of Adjustment can refer this request back to the applicant or to City staff for additional information. RECOMMENDED ACTION: Staff concludes that the proposed independent senior living facility is consistent with the general and specific residential standards required for granting a Special Use Permit. Therefore, based upon the Findings of Fact and Conclusions above, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment act in accordance with Alternative #1. This is a recommendation to approve this request for a Special Use Permit to allow the proposed construction of an independent senior living facility at 2525 Bobcat Drive, with the adoption of the findings of fact and conclusions stated herein. 10 Attachment A Location Map M ` wt. 9, t y.: m t, v ap Oyi�R N z 2 z 3 a f" 9.Ix re REST DR �D z ZUMWALT STATION RD?d�..y,,,' tt� t�i �� E� '�� '' =�'••s-�- Subject Area 51,4 �.: Location Map , Village Cooperative 2525 Bobcat Drive j AMES INCORPORATED LIMITS 11 Attachment B Master Plan for Ringgenberg Park Lot 79 r-T XUL I ............ ................ ................ ".A ,,, �_ ^ 3 ............. ............. tCif t Val Ir .......... T I 12 Attachment C Articles of Incorporation (Page 1) ARTICLES OF tNC,0�KP0%A*J'1ON OF V ILLAGE COOPVRATIVE OF AMYS 'Me 9 andtr-si td, bcinq�l rovidcrits of the state t)f low it legal age, fbr thep%rpmc of 11 n:d of orginizing and inco pram a 1 wepartaivc vorp(iration urift Chkoter 4199Aof U to N* a Code, hereby adopt tile fQllowing ATti 0vs of Wxorpor-ation. ALI'D-C-1 OU The tianio of the Corporation is VILLAGE COOP THE OF AWES� The coils-iration shall commowe busincsq wit.11 t.qc filinp then Axticki, ar,of -d have pczpmal exist owl" TUC Priiwir,4. Plat cc of bu,,mess of the Corpkwaion shall at all onics be Iccated in dic City of Arrie�N 3tory County, h)%va, Vic strect and,mailinf, mddre;s of the inital VTincipaI pl3cc of hu,,%nom of tho 1606 GoILIcit Aspen Dn,vz:, .Si.4to A,Ain as. loved 50010, 4W09LU 11w purpose for which the Cor-p(tratiao is (bimied, wid the gun=1 =tre of its business, are as !'0 1 t u vy 5, 0. Tt,) provide housinS tirl a �(vprxa"kve balls to per som 55 year$of age or of.dcr il the manner and ft.)r the purpom PT-ovidtd in Sutmn 213 of Title llof the N&I-wr44 H,o i Aet, as omerided(tlie"&I"),and ar & using �ti�;uble tatted Stag Dqmutn.cnt a f Haasing and UTban Dtrmloprnml titrt9ilziOns, WW in =, ,;0VdAftce v6t, tl e appllicablu provisions of ffie FaiT Housing, A Jitle V1711 of the Civil Riv)lvi Art of 1968), as anicudod, rcr.4vding flue )I-,k iscri ;Mai3ri on Nmillgl stator witl 1 respcct to housing*,r Older perWnk ti. To construLt, qprxato, maintain and itnprw� buy, Own, sa env , assiM rnortga or least any :d estate and arty pemnal prop=%y n*=Sary or inc,dent to The prov;Nion Of SUCIL housittign lc To borrow Tzoney mid i3sue evidences of indebIlVdarss its farthetaact of=y or all of the objects of its bu.MCS8=J to secure the suac by , gt, pledg c oth t d. lv apply f4w wid obroin tit cause to be .,bufmedt 31he Pedvral. Hvjsin,�c 0 Comirn,.,v 11c; 'If ftuAs of M-artP$9 .sioncr (t� q;W ) a contract or con imurance ptivirjaut to the provisions of the Act. C- To enter into Amy kind of activity ar-d ""tt perform and =Try oct co=m:ts or apt; kited n.t%,mart to,in ixinnection, with,,tyr ilizidental to fl,,e term inoopr(-,fit p-urposes of tile,cooperative associatien. L To malc.- patronage refiaj&to mernbars, ocauvant-s of 6weding u6ts,or oth m, a p 'dcd by the bylaws and/orcompancy qyeements, roy, 13 3s � i 1 F 1 1 ] I 1 1 � 1 J fr P y � gg i gggg A° 1 it 1 }� W 1� n Ki 1-4 �1 A.0El Q ' --- d II 3 I 11 3 1 �Iw � 11 11 '�1 -e1.3%t%79 3 R H� aF atrad ��=vms>ao�a�er'+sn �aae�au�nwaua i L f, O 3 I Z ' C no > ' 1 W - O I, U ij 7j 3 Y � 14 Ll t ? t 9 ix t�Zd � ids Yr$k� � °,'•� 1 a C 3 ��