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HomeMy WebLinkAboutA4 ITEM #: 3 DATE: 10-12-16 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: October 5, 2016 CASE FILE NO.: ZBA 16-15 REQUEST: To Approve a Special Use Permit for Rebuilding of a Damaged Nonconforming Structure. PROPERTY OWNER: A & D Partnership CONTACT: Scott Renaud, Fox Engineering Associates LOCATION: 301 S. 4th Street ZONING: "RH" (Residential High Density) BACKGROUND AND PROJECT DESCRIPTION: Project Description. The request by the property owner (applicant) is for approval of a Special Use Permit to Rebuild a Damaged Nonconforming Structure in a Residential Zone, located at 301 S. 4th Street (see Attachment A: Location & Zoning Map). A full description of non-conformities is provided later in the report. The property at 301 S. 4th Street is the site where, on June 6, 2016, a three-story, 33-unit apartment building was severely damaged by fire, and was subsequently demolished by the property owner, due to the extensive fire damage (see Attachment C: Approved Site Plan, Attachment E: Exterior Elevations of Original Building &Attachment 1: Oblique Aerial Photos). The prior building was constructed in 1984 within a "G-C" (General Commercial) zoning district that no longer exists. The site is now zoned "RH" (Residential High Density), reflecting the use of the site, but the site does not meet a number of current development standards related to site layout for the building location and site improvements for parking and landscaping. This Special Use Permit application is specifically in relation to the reconstruction of the apartment building in relationship to the non-conformities related to the structure itself, this includes the rear setback, total parking spaces, side yard setback, and location of parking in front yard. In the event the Special Use Permit is denied, the property owner would be required to redevelop the site in conformance with all of the current development and building standards of the City. Additional non-conformities are to be minimized and improved as practical in addition to the approval of the reconstruction of the structure. 1 The applicant wishes to rebuild the apartment building, Oakridge Apartments, on the foundation of the former building, which was salvaged during demolition of the above- ground portion of the building. An expansion of the original building is also proposed with its reconstruction. The addition is a 10' by 22' (a 220 square foot addition to the building footprint), next to the southwest corner of the existing foundation (see Attachment F: Proposed Site Plan). The mix of one, two, three and four bedroom units would change in the proposed apartment building, as described in this report (see Attachment G: Floor Plans). There is a proposed reduction in the total number of dwelling units from 33 previous units to 24 units in the new building. The total number of bedrooms would be reduced, as well, from 69 to 67 bedrooms. The number of parking spaces would also be reduced from 65 to 59 total spaces. Both buildings are 3-story, with a basement level exposed on the south side of the building. However, the proposed apartment building is designed with a flat roof (see Attachment E: Exterior Elevations of Original Building & Attachment H: Exterior Elevations of the Proposed Building). The former apartment building was constructed with a 4/12 pitched roof supporting a more residential appearance with its very basic design and material treatments. The pitched is more in keeping with the smaller multi- family and single family structures that exist along S. 4th Street. The 1-story commercial building to the north has a flat roof. The exterior finishes of the new building are vinyl lap siding, with treated wood balconies This is similar in design to the original apartment building. Proposed Site Changes. Minimal changes are proposed on the remainder of the site (see Attachment F: Proposed Site Plan). The existing parking lot and fences on all three sides of the parking lot will remain. It is the intention of the applicant to resurface the existing parking surface, without removing the entire existing asphalt surface. Sections of the parking surface, in need of repair, will be completely replaced. Interior parking lot landscaping includes two medians, 7.5' wide, planted with shrubs and trees. The applicant proposes to remove one of three trees on each median, and to replace all of the existing shrubs with vines as the ground cover. The existing foundation plantings, next the front of the building, including understory trees and shrubs, are planned for removal. A mix of coniferous and deciduous shrubs are planned as replacements for the foundation plantings. Three new parking spaces are proposed on the lower level of the site, accessed from S. 5th Street, and the number of handicap-accessible parking spaces would be increased from one to three, including one that is van-accessible, to meet the current ADA requirements. History of Site Development. The original Site Plan was approved, and a building permit was obtained for construction of the apartment building in 1984. The Site Plan was later revised in 1986, to add landscaping along the north perimeter of the parking lot (see Attachment C: Approved Revised Site Plan Oakridge Apartments). Zoning, at the time of approval of the site plan was "G-C"(General Commercial), which allowed `residential', as a permitted use. The site was later rezoned to "RH"(Residential High Density) in May, 2000, which allows apartment buildings as a permitted use. 2 Zoning & Land Use of Surrounding Properties. The surrounding neighborhood is a mix of zoning and land uses (see Attachment A: Location & Zoning Map). Zoning of property to the north, east and west is "S-SMD"(South Lincoln Sub Area Mixed-Use District). Properties to the south and southeast of the site are zoned as "RH" (Residential High Density). Land use consists of single-family dwellings along both sides of S. 4th Street. Commercial service and retail uses are located north and east of the site. South of the site are large apartment buildings that line the north side of S. 5th Street. Nonconforming Structure. In accordance with Section 29.307(3)(c)(ii) of the Municipal Code: "Any nonconforming structure damaged to the extent of more than 70% of its assessed value may not be rebuilt, repaired, or used unless the rebuilt structure conforms with all regulations of the district in which it is located or unless the Zoning Board of Adjustment approves the reconstruction by granting a Special Use Permit after determining that restoration will be made to the fullest extent possible in conformance with applicable zoning standards." The following nonconforming site features, are directly related to the proposed apartment building: • Rear Yard Setback. The distance between the building foundation for the apartment building that was destroyed and the rear (east) property line, varies from 11.75' at the northeast corner of the site to 11.20' at the southeast corner (See Attachment C: Approved Revised Site Plan Oakridge Apartments). At the time of site plan approval, the property was zoned as "G-C"(General Commercial), which required a minimum rear yard setback of 10'. The current zoning, "RH"(Residential High Density), requires a minimum rear yard setback of 25'. Since the rear yard setback of the existing building foundation is less than the required 25' minimum, the rear yard setback is nonconforming for a new apartment building constructed on the existing building foundation. • Side Yard Setback. The distance between the building foundation for the apartment building that was destroyed and the side (north) property line, varies from 10.10 feet at the northwest corner to 9.3 feet at the northeast corner (See Attachment C: Approved Revised Site Plan Oakridge Apartments). At the time of site plan approval, the property was zoned as "G-C"(General Commercial), which required a minimum side yard setback of 5'. The current zoning, "RH" (Residential High Density), requires a minimum side yard setback of 10' for 3- story buildings. Since the side yard setback of the existing building foundation is less than the required 10' minimum, the side yard setback is nonconforming for a new apartment building constructed on the existing building foundation. • Front Yard Parking. The original approved site plan for the apartment building, placed parking for the apartment building in the front yard, which is the open space in that portion of a yard between the street and the face of the structure. At 3 the time of site plan approval, the "G-C" zoning of the site permitted front yard parking. The current zoning, "RH", prohibits front yard parking for new apartment buildings. Given the fact that the parking lot for the site currently exists in the front yard, and the developer proposes to leave the parking at its current location, the front yard parking on the site is nonconforming for a new apartment building constructed, on the existing building foundation (See Attachment C: Approved Revised Site Plan Oakridge Apartments). • Total Number of Parking Spaces. The total number of parking spaces required for the original building was 62 spaces for 33 units with a total of 69 bedrooms. A total of 65 spaces (including 3 off-site) were provided with the original building. The current zoning ordinance would require a total of 74 parking spaces, which is a difference of 9 (74-65=9) fewer spaces provided than what would be required by the current standards. The total number of parking spaces required for the proposed apartment building is 67 spaces for 24 units configured with 2,3, and 4 bedroom units that total 67 bedrooms. A total of 56 parking spaces are proposed on the new site plan with the continued use of 3 remote parking spaces that exist immediately to the south of the site, which is a difference of 8 (67-56-3=8) fewer spaces provided than what is required by the current zoning standards. The three off-site parking spaces are also considered a nonconformity as remote parking is not permitted within the "RH" zoning district. Therefore, the number of parking spaces provided with the approved site plan, and with the proposed site plan, does not meet the current zoning standards, which means the number of parking spaces provided on site is nonconforming. Other Nonconforming Site Features and Efforts to Bring into Compliance. There are a number of other nonconforming site features, which were part of the approved site plan. These nonconformities have been documented, and the applicant has eliminated some of the nonconformities, while others remain in the proposed site plan. The nonconforming site features include the following (see Attachment C:Approved Revised Site Plan Oakridge Apartments): • Parking Space Dimensions. The length of parking spaces is 0.5' to 2.0' less than required by current zoning standard, meaning the stall depth is as low as 17 feet where 19 feet is currently required. No changes are proposed by the applicant. • Compact Parking Dimensions. Of the 12 compact parking spaces, only 2 meet the minimum required dimensions. No changes are proposed by the applicant. • Handicap-Accessible Parking. One space was provided in the approved site plan. Current zoning standards require three spaces. The applicant is proposing three handicap-accessible parking spaces in the proposed site plan, which meets the current zoning and ADA requirements. • Drive Aisle Dimensions. The width of the drive aisle between the end of two parking lot medians, and the west edge of the drive aisle, is 10' less than the minimum required width of 24'. No changes are proposed by the applicant. 4 • Perimeter Parkinq Lot Landscaping. Landscape strips along the north, south, and west perimeters of the parking lot do not meet the minimum requirements for a minimum width of 5', and for the numbers of trees and shrubs required. No changes are proposed by the applicant. • Sidewalk Between the Main Building Entrance & the Street. An on-site sidewalk, a minimum of 5' wide, is to connect the main entrance of the building to the street. No changes are proposed by the applicant. • Remote Parking. At the time of approval of the site plan, three parking spaces located on the property adjacent to the site, were approved as part of the site plan. An agreement was signed by the two property owners agreeing to use of the three remote parking spaces. Remote parking is not permitted in the current "RH" zoning of the site. The three remote spaces are included in the total of 59 spaces in the new development. No changes are proposed by the applicant. • Stacked Parkinq. The approved site plan included 8 parking spaces. located under the apartment building, and accessed from S. 5t" Street. Four of the eight parking spaces meet current zoning standards. The other four parking spaces under the former building were designed for stacked (tandem) parking, where one car would be parked in front of another. The two stacked spaces measured 40' in length to accommodate two cars in each 40' space. No parking spaces are proposed under the building in the proposed building and site plans. Comparison of Standards for Original & Proposed Developments. The table found on the following page provides a brief description of zoning standards for development at the time of construction of the original apartment building, and current zoning standards as applied to both the original and proposed apartment buildings. 5 Comparison of Standards for Original & Proposed Developments Original Development Proposed Development 1984 2016 Zonm d RH � .g !(General C.ornmeraal (Resid.entialHi fi Density) ,,. 38 Lot Area,;', ;868'sq. fit: ;n 38,868 sq;kafit Maximum Allowed ; 33'dwefling units 34 dwelling units Densit Actual/P'roposed Densit ,'; ;;;33 dwellin units 24 dwellm ;nits Minimum RequiredAl $uiIdin µSetbacks • Front Yard 20' 25' • Rear Yard 10, 25' (20' if abutting residential • Side Yard 5' with a minimum of 15' 6' for one story between structures on 8' for two story adjacent properties. 10' for three story 20' if abutting a street, or 12' for four story residential district. 4' additional for each story over 4 Actual Buildin Setbacks a • Front Yard 110.5' 95' • Rear Yard 11.20' to 11.75' 11.20' to 11.75' • Side Yard North: 9.3' to 10.1' North: 9.3' to 10.1' South: Maximnni Building Height 4 stone°s,�or�50' 180' or�9 stories; � t k is� .wer. whichever . „� .. Actual Build m _ng Herg�ht`.' 3�stories° x �� �_, 3:stories . B otp uilding-'Area{Forint) ; 10,419s : ft. ' ' .,n10.,639 s "eft. Gross Floor Area ;" r '35, 9739 s . ft. 36;859 's :eft ,ra To No:n,of Units 24 1-bedroom units 9 0 2-bedroom units 12 8 3-bedroom units 12 13 4-bedroom units 0 3 Total No of Bedrooms 69< :''.,` 67 ,P ° 62 spaces sRequir .v .,.m Standard Spaces 41 42 Compact Spaces 12 11 Handicap-Access. Spaces 1 3 Garage Spaces 8 0 Remote Parking Spaces 3 3 :Total Parkin yr ;r, 65 space-' provided 59 s aces pro osed (56 6 ProidedlPro osed s on„site, 3 off=site APPLICABLE LAW: It is the general policy of the City to allow uses, structures and lots that came into existence legally, in conformance with then-applicable requirements, to continue to exist and be put to productive use, but to mitigate adverse impact on conforming uses in the vicinity. Reversion of nonconformity, once it becomes more compliant, is not permitted. Section 29.307 establishes regulations governing uses, structures and lots that were lawfully established but that do not conform to one or more existing requirements of this Ordinance. No increase or creation of a nonconformity is to be permitted, unless specifically allowed within this section. The Zoning Ordinance includes a description of four types of nonconformities within Section 29.307 that include non-conforming uses, nonconforming structures, non- conforming lots, and other nonconformities for site improvements, such as landscaping, parking configuration, fences, etc. Each type of nonconformity has specific allowances for keeping a nonconformity, and when it must be brought into compliance with the Zoning Ordinance. In this case we are dealing with a nonconforming principal structure and a number of "other non conformities". Other nonconformities relate to parking requirements and landscape areas and walkways and are to be improved as practical, but no increase in nonconformity is permitted. With regards to the structure, the following applies: Chapter 29, Section 29.307(3)(c)(ii) states the following: (3) Nonconforming Structures. A nonconforming structure that lawfully occupies a site on the effective date of this Ordinance that does not conform with the Zone Development Standards of the underlying Zone or the General Development Standards of this Ordinance may be used and maintained, subject to the standards and limitations of this Section. (c) Restoration of a Damaged Nonconforming Structure. (ii) Any nonconforming structure damaged to the extent of more than 70% of its assessed value may not be rebuilt, repaired, or used unless the rebuilt structure conforms with all regulations of the district in which it is located or unless the Zoning Board of Adjustment approves the reconstruction by granting a Special Use Permit after determining that restoration will be made to the fullest extent possible in conformance with applicable zoning standards. 7 Chapter 29, Section 29.1503(4)(a),(b),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 commercial 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 maintained. STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has provided the attached application including statements as to how the proposed structure 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: The subject property is designated as "High-Density Residential" on the Land Use Policy Plan (LUPP) Future Land Use Map (see Attachment B: LUPP Future Land Use Map). The zoning is "RH" (Residential 8 High Density). Properties to the south and east of the site are also designated as "High-Density Residential " on the LUPP Map. The land to the north and west is designated as "South Lincoln Sub-Area Mixed Use District." Existing development complies with the Zoning and Future Land Use Maps. The LUPP (Chapter 2) includes goals for development to be compatible with its surroundings and to create desirable living environments. Conclusions: The subject property has been occupied by a multiple residential use since it was constructed in 1984, as a permitted use. This is an area of the community characterized by large multiple family structures in the "RH" zone. Rebuilding of the apartment building on the site should have no greater impact on the surrounding neighborhood than was the case with the previous apartment building that was destroyed. In this case, the reconstructed structure is most closely located to rear areas of abutting commercial areas that do not appear to be influenced by the apartment building. It can be concluded that the property 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. Findings of Fact: The property owner proposes to rebuild the structure very similar in overall size and shape to the previous apartment building (see Attachment G: Floor Plans of Proposed Building & Attachment H: Exterior Elevations of Proposed Building). The previous structure had a pitched roof, whereas, the new structure is proposed with a flat roof. The new structure will be constructed on the building foundation from the previous building, and will be slightly larger with an addition, measuring 22' by 10', planned for the southwest corner of the building. The plan includes a change in bedrooms and parking, the applicant has reduced the overall number of parking spaces on the site, but believes they meet this requirement because the increment of deficiency has not increased with the proposal. The deficiency was calculated as 9 parking spaces for the old apartment building and will be 8 parking spaces for the new plan. The plan continues to rely upon 3 remote parking spaces and the configuration of parking between the building and the street in the front yard. The exposure of the parking to the front yard is minimal along the street due to the minimal amount of street frontage. The minimum required building setbacks for the east property line are 25 feet and for the north side it is 10 feet, where approximately 11 to 12 feet is provided in the east and approximately 9 to10 feet, to the north. The building is situated away from other properties principal uses and the provided setbacks do allow for 9 some separation and landscaping from the abutting commercial properties. No usable open space was part of the prior plan, or this plan. Conclusions: Since the property owner proposes to maintain the existing residential scale and appearance, which is compatible with its immediate surroundings, and does not increase any other nonconformities for parking, it can be concluded that the property 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: A sprinkler system, to meet Fire Code, is required for the proposed apartment building. The rear yard setback will remain nonconforming, as the existing building foundation will be utilized for the new structure. The current "RH" zoning requires a 25' minimum rear yard setback. The existing setback of the building foundation from the rear (east) property line is between 11' and 12'. Fire Code requirements include an aerial fire apparatus access road a minimum of 26' wide located within 15 to 30 feet of the building for buildings that exceed 30 feet in height, as measured from the grade next to the building to the top of the parapet wall, for buildings with flat roofs and parapets. The height of the proposed building exceeds 30 feet, although lower in height than the previous building. The existing configuration of the parking lot, prohibits compliance with these Fire Code requirements, without completely reconfiguring the parking lot, and likely reducing the overall size of the building. The Fire Department will have one point of truck access in the middle aisle of the parking lot, but not along the entire building length. Conclusions: The City Fire Inspector has determined that an alternative means of compliance to meeting the Fire Code requirements, for an aerial fire apparatus access road, is to require roof access in each of the two stairwells for the building, and to require that standpipes also be located in the stairwells. Although the rear yard setback will remain the same as for the previous structure, the addition of a sprinkler system throughout the building will serve to reduce any fire hazard for uses in the same general vicinity. Locating the new structure in the same location as the previous structure, in relation to the distance from the north, east, and south property lines will serve to not disturb future uses to any greater extent than the structure that was destroyed. Therefore, it can be concluded that the property 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. 10 Findings of Fact: No additional public services will be required for the new structure. It can be served by existing infrastructure. Conclusions: This property is already served by essential public facilities and services. Therefore, it can be concluded that the property 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: No changes are proposed for the site that would increase requirements for public facilities or services. Conclusions: The new structure will not create additional requirements at a public cost for public facilities. Therefore, it can be concluded that the property 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: The proposed use will not produce glare or odors that would be detrimental to any person, property, or general welfare. Conclusions: The proposed use will not create any additional traffic, noise, smoke, fumes, glare, or odors from the site. Therefore, it can be concluded that the property 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: The site is zoned "RH", and intended for high density household living. The proposed structure is nonconforming to the current zoning standards in terms of the rear and side yard setbacks, front yard parking, and the total number of parking spaces proposed for the site. Conclusions: The principal use of the site as household living is a permitted use for the property. However, the proposed structure is "nonconforming," to the City's development standards that are the minimum expectations for intended design and improvements of a site. The former residential structure was approved and constructed under an appropriate zoning classification, which was "G-C"(General Commercial), at the time of site plan approval. Section 29.307(3)(c)(ii) allows for granting a Special Use Permit to allow a nonconforming structure to be rebuilt, as long as the Zoning Board of Adjustment determines that the restoration will be made to the fullest extent possible in 11 conformance with applicable zoning standards. Although the nonconforming structure does not meet criteria for the base zone, since the structure is "nonconforming," it does meet the intent of the Zoning Ordinance as described for reconstruction of a non-conforming structure in that the nonconformities to the site and structure are reduced and that the findings for the Special Use Permit can be made. On this basis, it can be concluded that the property meets the General Standard (vii) for a Special Use Permit. Residential Zone Standards. (1) 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: The proposed reconstructed apartment building will contain fewer dwelling units, and fewer bedrooms, than the previous building at this location, thus not increasing the level of vehicular traffic in the area. There is adequate capacity on S. 4t" Street to accommodate traffic from the rebuilt apartment building. Conclusions: Traffic volumes from this reconstructed apartment building will likely remain very close to what existed, prior to destruction of the previous building. The street network will be able maintain the current street classification and level of service once this new structure is occupied. 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: The driveway serving this facility is located at the east end of S. 4t" Street. Residents, visitors, and deliveries to the site will use this entrance, as was the case for the previous development. Visitors can use the parking lot at the main entrance on the west side of the building. Conclusions: The proposed use will not create a noticeably different travel pattern off-site than the predominant pattern in the area. On-site traffic is well- established with the internal use of the site as well as deliveries from external vendors. It can be concluded that the development meets Residential Zone Standard (ii) for a Special Use Permit. 12 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, food delivery vehicles, and moving vans. Findings of Fact: The only trucks normally expected at the site are for trash collection and moving vans, which was the case for the previous structure on the site. 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: The use of the site is not changing with rebuilding of the apartment building that was destroyed. The times of the year, and hours that are more active on the site will remain the same as for the previous structure, since the use of the site is not changing. 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 use of the site will remain as multiple-family residential. Conclusions: This standard is not applicable to the proposed rebuild of a nonconforming residential structure, since there is no loss of residential land at this location. (vi) Be compatible in terms of structure placement, height, orientation, or scale with the predominate building pattern in the area. Findings of Fact: The site is at the end of a dead end local street that has smaller scale single-family and multi-family structures along the north and south side of the street and there are larger apartment buildings further south. The area has a very traditional residential appearance with pitched roofs and horizontal siding as exterior building materials. Buildings along S. 4th Street are lower in scale with most buildings one and two stories, the apartment buildings further to the south and east are larger in size and typically three stories. The rebuilt apartment building will have very similar massing as the previous building, with the primary difference being a flat roof, as opposed to a pitched roof, and an addition to the footprint of the previous structure that will add 13 approximately 220 square feet to the footprint of the structure. The side and rear setbacks will be the same as for the previous building, and the front setback will decrease from approximately 110.5' to approximately 95', with the addition planned to the southwest corner of the existing building foundation. The orientation of the building will remain the same as for the previous building. Conclusions: The primary issues are the location of the building for setbacks and the existence of front yard parking as nonconformities. The design does not increase the height of the building along the nonconforming setbacks, or create additional front yard parking in relation to the building location. The one difference is the change of the roof type to flat versus pitched, which is not a common feature in this area. Due to the site context with commercial areas abutting the site to the east and north there are no significant impacts to the surroundings for separation, landscaped areas, noise, privacy, shadow effect, or other issues addressed by setbacks. The on-site residents will have minimal screening and separation from the properties to the east, but there is no identified condition on the east property that would be particularly disturbing to the new residents with the reduced setback or lack of larger open space in the rear of the site. Maintaining trees, and adding to the number of trees, within the rear setback will also help to soften the reduced setback. The limited exposure along S. 4t" Street, to front yard parking, will not be detrimental to the surrounding character, and existing conditions. The placement, height, scale, and massing, of the proposed building contribute to the compatibility of the building with the residential surroundings. It can be concluded that the development meets Residential Zone 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: Apartment buildings do not require greater setbacks than other uses in the zoning district, but the proposed setback is nonconforming. The Special Use Permit is to allow for reconstruction of the structure, without conformance to the minimum required rear yard, and side yard setbacks. The proposed site plan uses the existing foundation for the reconstructed building. No changes are proposed to perimeter landscaping on the site. The existing fences along the north and west property lines will remain. Conclusions: The purpose of granting the Special Use Permit, in this case, is to allow reconstruction of a nonconforming structure on the site, without meeting all required minimum building setbacks. As determined earlier, that although there is a reduced setback it can be found that there is no significant impact to the adjacent properties. Therefore, it can be concluded that the development meets Residential Zone Standard (vii) for a Special Use Permit. 14 (viii) Be consistent with all other applicable standards in the zone. Findings of Fact: The Ames Development Review Committee (DRC) has reviewed the proposed site plan and determined it to be in compliance with applicable General Development standards, the standards of the "RH" zoning district, and other city standards except for the nonconforming site features identified in this report. The property owner has eliminated the nonconformities associated with handicap-accessible parking and stacked parking that was part of the former garages. In this case, the rebuilt structure will continue the use of a site with a number of dimensional deficiencies for parking and landscaping that can only be corrected with full redevelopment of the site. The site is not a platted lot. The property owner needs to have a Plat of Survey approved for the site to allow it to meet lot requirements of the City. A condition requiring the Plat of Survey is included with this approval. Conclusions: There are no additional means of increasing compliance for the site with the proposed reconstruction. With a determination that the reconstruction meets the other criteria of a Special Use Permit, as it relates to the proposed building, it can be concluded that the development meets Residential Zone Standard (viii) for a Special Use Permit. PUBLIC COMMENTS: Notification was made to all owners of property within 200 feet. In addition, a notice of public hearing was placed on the subject property. ALTERNATIVES: 1. The Zoning Board of Adjustment can approve this request for a Special Use Permit to allow Rebuilding of a Damaged Nonconforming Structure in a Residential Zone, at 301 S. 4th Street, with the following conditions: A. That a Plat of Survey be approved by the City Council, and copies of the recorded documents be received by the City Clerk's Office, prior to approval of the Minor Site Development Plan. B. Maintain the three existing trees in the rear setback, east of the building, and add four additional trees. Approval of the location and species of the trees by the Planning & Housing Department is required, prior to finalizing revisions to the Landscape Plan. 2. The Zoning Board of Adjustment can deny this request for a Special Use Permit to allow Rebuilding of a Damaged Nonconforming Structure at 301 S. 4th Street, 15 by finding that the project does not meet the criteria of Section 29.1503(4) and/or Section 29.307(3)(c)(ii). 3. The Zoning Board of Adjustment can refer this request back to the applicant or to City staff for additional information. RECOMMENDED ACTION: The site includes a number of deficiencies compared to existing standards that will not be remedied without redevelopment of the entire site. Most of these are issues related to the convenience of use and appearance in terms of layout of the parking lot and separation from other properties. The issues of fire access and safety is improved with fire sprinklers as part of the new building and an alternative means of fire access that is needed to allow the structure to be rebuilt in its current location. Staff concludes that the proposed Special Use Permit request to allow rebuilding of a damaged nonconforming structure in a Residential Zone, at 301 S. 4th Street, can be found consistent with the standards required for granting of 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, including Conditions A. and B. 16 ATTACHMENT A: LOCATION &ZONING MAP k d t ° � R a — _ � y x77F ay ,�.f�+ap� P"? �i it g C�.. ��g '°7` n+. { q v�- .Ai 10 HIP a 7 a a SubjectPrope€ty k I� ITIF � � r rt � k �,��,ci k Rxi g x L—� yiR 9 N} f got Agricultural Zone"A"(sec 29600) ��='Residential High Density Zone"RH"(sec 29.704) � � r Highway-Oriented Commercial Zone HOC (sec 29.804 r o- E4 i Downtown Service Center"DSC" (sec 29.808)Me Government/Airport District"S-GA'.'(sec.29.1002) b South Lincoln Mixed-Use Dist€lct S-SN1D sec 29 1003 Location & Zoning Map 301 S. 4th Street 0 125 250 500 750 momiFeet 17 ATTACHMENT B: LUPP FUTURE LAND USE MAP •t Ailey;:5 i Aloe"y j Ally ..a y,...,s.,_. $ 11 .1 .Y d .w'.�v r.:'. bud R"' G/'r a"+. '��v '" ♦ N'�." Ju Y N T M` T 52r]DST : fro m " t N � x Te �53R6 r _ R �� T Subject Property i ��° r ��� pmq MIN 111,12.1.0 4 [r e ap g F p c�� High-Density Residential �� � "��F: South Lincoln Sub-Area ivlixed Use District '� 61 �;. Downtown Services Center 1���� y yur. Highway-Oriented Commercial Agriculture/Farmsteadw � � ' -0 ¢.a* aIMMo. LUPP Future Land Use flap N 30' S. 4th Street c 0 125 250 500 750 Feet i 18 jq AQ :10 tsv s pIs N 98/Z/4 SNOlSN2WlCl1' ns-sv 19 SNOISIAM limaq lim tsuluic3alf ilgleic 3onno uol;ualeG HUM M�alul r ..Id 03 mlav 0 C4 U) 0 o 7F r z —Td,* V. Tl- ca m cn > CID z . (A ;it V%, it cn m ........ m ...... I .4-- cq CD jjft� ju�jjkd 'Ek -I%JGd cn co ...... .... --- SL:Iuoz OU119M3! --- \,IVA , ........... ------- ATTACHMENT D: ALTA SURVEY OF THE OAK RIDGE APARTMENT SITE ALTA/ACSM LAND TITLE SURVEY __ OAKRIDGE APARTMENT COMPLEX rya irti""ww°. btel{4 aac»i.s . .Rp 3 "� G7S7,�°�N;G7 ice} i. �� �i 6.,}�`°W,}So-m.�O°�a»"��'".�eea•,. v'::^.....-.tt:.°.:,.».•.i>a»„m 3 `.»i^'Y"'`"4'o-°Yt"r.'m 7E.�«..h 4•»7n"""� '..°�`»'t.°i�� .�,.aoJ».I'°°i°». 6...^ n»t.0..�-na°.....m.lwe.�ax �".'RN.o .J"R.•' S"°.S'7,'°7a° °SA..'G�.te�r' S':�.»"'.`wF'.'».'P:m R} w""' :b»S' - miyn�l.�c.. n.n•oao-meR-_.�.a coca .». "t:,5 te�'fi a»a}.t»»mP���9':•:;/i.. .aPo-° !i.:.` ' .»i.t•. to.:to-.,t.a w....i.�e�•t o°'tiy i}"' '•'"",'w°T. nd .$P' itie�:tmo°ronn o-mt ::w;m � 4'���p m�� am �G o•rr wa ( �� ..umv.isn m.m i ram.�.eet 1Y ' awe n man.te,t.®. •�•"°w� ' .as..s m.n� • r.m.vm ` em.71'aa'. W.u' v[m as a Inu i pp J U tk Al / r A / / 9 7 ssese so rr 1 I f � / g o.e�eca[s o.nma waneart ` . .jil _ £ / / / / �.y gy� $ aot soum�ro-�s.r�r` E^� "•I 1 If If 11 l Soon+FOURTH ' STREET I88') Isl ' �/�� /////i/ w� �L:i�i.m. .aa» �a�ln°:.ice-•� a.m..;`.. 20 ATTACHMENT E: EASTIWEST EXTERIOR ELEVATIONS OF ORIGINAL BUILDING O U%H lri T -,7 r LA IS I P-31 it V2 J It .0 1 FIE,' Fa, k-L L 1�MEE= -7! 1�- �11 {ffl �e -Am� �` 7—R 51 JB El El L\ 14 L 21 d e — v cm 09�O�G ;I D m = 9_J_J-LL-1 I t 5_r ------ — .. -- --------- D __ ------ z Cn 00 u ,. ui awva wm O I k � wm I um, msw. j LF- Ei m _ CA r hh-- r •••••,•». '.q Nne:.0 rs, -we amec I I I ... ..�� °`:..,.. I I MINOR SITE DEVELOPMENT PLAN FOR RECEIVE[)' B 19 c OAK RIDGE APARTMENTS SITE PLAN SEP272016 8 O CIIYOFAME3 tbWA V 301 SOUTH 4TH STREET g wLOCATION MAP (t_ AMES, IA V) sa INDEX OF SHEETS �� uw AA Na DeeDSPNnn WDLD COYB SNEBi/LOCATION NAP/ILGlNO OGiY w v O *n Ca.1 wsr .DSTl LA__ ...SLmnaSm uOa.r ma �Lm — c13 STSl LAYOUT-RlIIWALN u�4u¢a,o-u ir.0 /A & t E a nwi[JerivMt rMcrtm nuaav¢w, j yI C11 NFM SITC lAYO1R WD GNAOINO RAN f N � �e �Y1 j �� C].1 PM1[INO LOT 6TR6�INO DLAN cvmn m(sss}roan4Lemeo Lu st Q.1 USILITY PLAN SSart Lew �ts S > PROJECT LOCATION c4•a IwxoscAPeavNs»s°�iiws� U Il o p a LEGEND •Rs� m. 'u�o°° r „� �rw+. "a.. nmusrwom a muMu.rw,m„ mw• Z a — — - • ss-��D �� a� M .m.DN =, . �D 111 —— ri».m y :_ N w a �_ _ LbD AOe ID,w n� ELT O �. Al;ES MR. LLI V R 11900•292-8989 ENGINEENL I FOX ENGINEERING / 414 MakiR1 17 STNEEf,SUITE JF CCC���� AMES,IOWA 50010 L¢SNII� •G� PMONE:(515)333-OD00 engin FAX:(515) eering ��x W n@ Ot°�u iva m+�"'ior�aucrw 'i 3-0303 Y a�x umii-m�Piuv � tiw.aw n..e `•v.,u { I I ATTACHMENT F: EXISTING SITE LAYOUT SHEET(SHEET C1.1) ..V it r � i i • I ! p � wr ,, 4Si ,1 ' U u ``® "ll a..i r �� I �. -1 it •i `j I� i Ps l q +I It - ------------- -- ,.; Z. . yp E NG SITE LAMUr FOX ~ ^ lflw� eke 1.3aCt�1M�5hen,9Ws 101 M bw S0010 enymeering —0�;WD 24 ATTACHMENT F: SITE LAYOUT REMOVALS (SHEET C1.2) ( ` J 1 i u S l I i l I X y � � S I I wi f II tf i i s --- - ------ -."— ' / e _ B \ r _ i a wc�uo�v..O1u-lienlavncs +oxere'+�®�r,�.uz FoxI�SauT 11PS4aa�5uPa 101 Y NN''.3%i Mm4Ibp 5G010 N `r k15pMRXRA�n en ineerin Mm�(5151 ,wcv,u 9 9 FAC P•15)tVato9 �e:illl/1a 25 ATTACHMENT F: NEW SITE LAYOUT& GRADING PLAN (SHEET C2.1 I F oars► tb4; d ! k1 i S"1 x ! h f ' I i f IL 14 --- .---� 1RI i a y 9 ,�1; � , �.y i ISe� t-. I :y3\L l�•�,� '��1',^y,E�r�,3.,...._.i .�` �'S fi k t 'w� , /il iv, JyyL py�t° °A y ' F / - i, @ , � g ' ES II N �Sll NEW SU�YOLAAN�GGMDtNG nZogineering � Nrn., FAY(S 4J]] 'w itl:91U/ta 26 ATTACHMENT F: PARKING LOT STRIPING PLAN (SHEET C2.2) m 3 I f I`� I p ". I 1 ild l —� I , I R I t i 6� i Fp s p �ew i �. x LAZ I I E s a .�"��.aa}�. ' .F.1 ?\ ICJ\. /•��:..r —.i- I 5 P EKING LOT STRfPING PLANFU%[rylm'1+1.9A Iefes.4fc Y' IIIpaS/y�µ�.pryPjING ix-gineeriP :55)ng FM I5IS$)35151W Z- 27 ATTACHMENT F: UTILITY PLAN (SHEET C3.1 i 'a� � I � � I I� V I ----------- TV - 1n Ir p ls` I �E•P�%I I �I`��- f n ,r t cox ,emua,�uc r� YY UR SPUN M al9 iM TE09 F �. eering n:w+uu 28 ATTACHMENT F: LANDSCAPE PLAN (SHEET C4.1) Q Y 3 � - , 1'C r� L — y o. F�r a u_ a � o a � 00 000; 3 o0 00 O O1JO 01 c.Q O O B @@ / 00 tn� �fl� .i O 000 1 I 71- sir° c-a- �o o !, "13 e 6 o c r t 6 u 0 9 Rif �OSGPE FLAN 'v�,`"- FO,t F,y4mMp As,ocb4s�"0' entimeerin F�^.n»xioo uY;4 g 9 FNL•(E,E119E0103 WaIC:LiLN 29 i i I 1 I Big C..k�DBS�ign Group i I 'I �}��{(��+ {5�m ®pp 3,mseamsAetwemuaPetW.u� U 111:c CE i/ED Tl9,S�R13W:wxtt'ytaALY�rL�cp. 181O CRF.IXGESIGN GROUP � /\ i i 9ECW09Tf@ET.vOBOX IGe CD j- SEP 0 7 2016 1 Cffy.o— CD 0 OFAMES.IbWA r QEPT.GF PLANNING 8 HQUSIria I I � LU Z aT.a r ? I LL A9ACAVATG II S' -ATEO W ARV ri i OAKPoOGE APARTMENTS co W UKIXCAVATO W II .. < a IDn�AE,aNEW � w Al LY ...... .. ....,. .__..... Y � i Z i W s ems: ... Q BASEMENT LEVEL BASEMENT LEVEL N 118'=1-0• 5.002 SF I i I Al 00 i I I I Big Creek Design Group I.,I F eA I P rtmneBOFnA ARFANS4YS6 ( � t Td51&ne Gecal PoAoa leg PdLCe6N 507LS S leYel Onc lD.fil9 GSF .TOL 61A7d1.Ni7 eva%y6eaLGa9AnGmPmre Leve17w 1D619 GSF 1 BIG O EZZIGNGROUP Loved Thlep 10.615 GSF 110 SECOND GTPEET.POGOX I4B :'i'OLK CRY,NSet» Sup Trial alRST GSF ^",Tet 616ABe.JOT! lwieY Level S.eeT GSF I Trial IIrKWd;nC• ease GSf lonvlmell 3 LU I I r Qtef_D' I W °�° ^ I Para I — /n �. N f Odml h' R� �s kLm ht l9kMin X aetMna 9 Ibu Ri 9aml.i OAKRID6E APARTMFIJT3 SeIS0YCFL S ii ..roc. ii didat2 ': ,� �6" '1• '£ I I< of �: }� . "`� ' I I'nsaYDCJF,Ne1N¢YenenLlix M - F 3 .. LL _ RM -� W oa i dt Derma •..�..,•. .., LU I - i &MAPEl, - we Lroa arnr.aaea�w•• es,oz1 r Ifrm 71 _ # 1 � qp ea a Aaaos ti roso �, vso 6la�A c� � I Uj Gmar � sioov- Lanni a .lsam7 t _I mlalm Q N' LEVEL 1 FLOOR PLAN �. 118•=1w 10,619 SF � LEVEL 1 FLOOR PLAN , A101 I Big Creek Design Group I I pm)m managemem 119 S—ld ShA PO D.169 Pa On/,IA WM T,515sumn wwMgc.,Wd f.44 Amm BIG CREEK OESION OR OUP w 1198EC OSMEET.P GOXIW POLK CRY.M=M 3 i I I 161--w N O llJ 9aM1 pmmaIF eamr a nt b VPbr 3dmZ 1�+Mi9Ej. Bum I ®mm 1` tM4 uauax ,:• w •• Z 'x- :ae n�x gs - �,.d5 '? i t e.� '. U.p q a PLw a R— €rs� RIDGElJ'nRTMENT9 ,v - "�.:P OAKsc,: Ei• 1° �1 �' � 15866Y e'BokmY 731$.9916Vptl w - v' v wam i �-• J € ,L f\ l�°E� 1 wklan € P1KesY°otl hapaiyMwgK N 1 LL � �� , ' N p I �. ` O BanoJ BGm2 ..1 1#Lnt1� Oden2' Im.3 Od . "iE raavoA Frt N[W LUJ HIM,uj Uj i < iuue m,E:aeas.mla •e• I t ww•r w°eT316'116 wr��,ew. U _ ' H Q N LEVEL 2 FLOOR PLAN 10,619 SF °w,°, --- LEVEL 2 FLOOR PLAN Al 02 i I Q I-- Daman Dams aaa�av Bami w z OZWII;GE7;PARTMENTS A�—O Is c1r) AMC, L"! LL m 4 , " I =I!MD oa ,w B-3 > z w ......... N LEVEL 3 FLOOR PLAN LEVEL 3 FLOOR PLAN 1/w=R(r 10,619 SF Al 03 i Big C Ireek Design Group w�E+re I yeare fl99atadSizelPO�1COPo5GTi,N SOdB ras¢ssuon ao•Rsycreaoe,gnsrcFP® i� O YEiAt ROOP OARNO VWYLw@LOp3 .... BIG CR -KDESIGNGAOUP — F^t!" RDA 1� N ° VPM IAP 50WG 51Fe010 i W >s= RECEcaKD�Ep.Fo J Ta W 6V YP"TS�n ._ s LU ;�{'•1-1�[ Y `�J . .. __ �. .. LL -- f 1 1 s y P — _ -. -- z - =. — --: o — --= - -- —-— —-— -— - � Ip R��D W O w OEAST ELEVATION W 1/8=1'0 OAKR DGE APARTMENTS X .1s<m— M f A Ra NSM,O WGN VMQ➢S FE b F� SUPPORT SI(+OT Q—ROOF CGPiMi onwwawq,a ` W u M F — DYEST501TIK _ . >An _ j . 1 — Ulm- ,Euc�z �.� .. .. rt —�.., ,fit—- l - 7 .. �S—ib37e __..— — .. a — O —er4`,es1r'a-!9 w .�.............-. -- > _ _-__ _._ _—_.-Y.-—_�._�_—_.— •—__.eY aF�.^"ui'-�,a.�.� "ram^^-' ;._, .,- __— -�`Tp R V i .... .. RNE RXYi Yi•OItK/Y✓D ,' URiOVDECCMT.SEAtr1uT ®iw woccs<o,ocxuw° Q _--_—_---_—_—__—_—_—_----__—. 0 : EVR .ew.ewu.umuwu , I - " - - - - - - EXTERIOR ELEVATIONS &WEST ELEVATION fFe p 200 ---------------- I d F I I i Big Greek Design Group d.w I die I w§w—Pe .-. ro&mas tvo�,saamcN.x ann _:_::;::- ..w�'-_- ra a,aseumr..�.mauaana.�uawma r uarN.�moccavao CD Q _ wa oars &aCnEpol=o � am as LU - __ .....� ��PO z Q �. - _� i J NORTHELEVATION ... - - SOUTH ELEVATION .- W 1/8'=1'-0' 1l8'=1',' � = O w LU - OA�APARTMEMM L0 LU M F=�- ard.a:cwv�qu.a.a.o�ix O F- O Z w EXTERIOR ELEVATIONS a I A201 i i I ATTACHMENT I AERIAL PHOTOS OF PREVIOUS APARTMENT BUILDING ko N r, �T. k* d e of ' 0` _ � R", tt� , ' ,�' Looking at the rear of the site ' fi, MWx r_ Looking at the front of the site " r�iasy :r.:+c.a 36