HomeMy WebLinkAbout4 ITEM #: 02
DATE: 08-11-21
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
REQUEST: A Request for a Variance to allow use of the existing 61-unit building
(approved as an Independent Senior Living Facility) at 3709 Tripp Street as an
Apartment Dwelling in the "FS-RM" (Suburban Residential Medium Density) zone, and
to allow less than the minimum number of required off-street parking spaces for an
Apartment Dwelling.
BACKGROUND:
Windsor TWG LP purchased the property at 3709 Tripp Street in October 2020. The
property is occupied by a three-story building built in 2002 with a total of 61 units on 3.65
acres. Zoning of the property is "FS-RM" (Suburban Residential Medium Density). The
Zoning Board of Adjustment approved a Special Use Permit on March 6, 2002, to allow
construction of an independent senior living facility on this site. A second Special Use
Permit was granted by the Board on September 24, 2003, to allow the construction of two
carport structures over existing parking spaces. Please note that the Location Map in
Attachment A includes the 61-unit building at 3709 Tripp Street, and the 12-unit
buildings and community building on the same Assessor's Parcel. This request
for a variance involves only the 61-unit building, not the 12-unit buildings and
community building.
The applicant is requesting a variance to allow use of the 61-unit structure as an
apartment dwelling instead of the approved use as an independent senior living
facility. The FS-RM zone allows an apartment dwelling with a maximum of 12 units
in each building. The applicant also requests that the variance allow fewer parking
spaces than is required by the Zoning Ordinance for the apartment dwelling.
The approved site plan includes one parking space for each of the 61 units in the
building. This meets the off-street parking requirement of one space for each unit
in an independent senior living facility. In addition, there are 13 parking spaces
provided for use by staff. The total number of parking spaces provided is 74.
The applicant's proposal for use of the building as an apartment dwelling would
require more parking spaces than what was originally provided at the time the
building was constructed in 2002. Apartment dwellings require a minimum of 1.5
spaces for every one-bedroom unit and 1.0 space per bedroom for units of two
bedrooms or more. The building has seventeen one-bedroom units and 44 two-
bedroom units which requires a minimum of 114 parking spaces to meet off-street
parking requirements. The applicant is requesting a variance to allow 40 fewer
parking spaces than the minimum number required.
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On March 27, 2001, the City Council approved a Land Use Policy Plan Map Change from
a designation of "Residential Low Density" to "Village/Suburban Residential" in this
general area of the community, including the subject property. On September 4, 2001,
the City Council approved rezoning of the property from "RM" (Residential Medium
Density) to "FS-RM" (Suburban Residential Medium Density).
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL:
The applicant has provided the attached application including statements as to how the
apartment dwelling use and the lower number of parking spaces meets the standards
for a variance.
APPLICABLE LAW:
The Board shall determine, pursuant to Iowa law, whether all the standards for granting
of a variance are satisfied by the Variance Request. Findings of Fact for each standard
are included in the Addendum.
Pertinent Sections of the Ames Municipal Code include the following:
"Chapter 29, Table 29.1202(4)-2, Suburban Residential Floating Zone, Residential
Medium Density (FS-RM) Uses" includes independent senior living facility (unlimited
number of units) as a use that requires approval of a Special Use Permit by the Zoning
Board of Adjustment to be permitted in the FS-RM zone. The Table also includes
apartment dwelling (12 units or less) as a use that requires approval of a Major Site
Development Plan by the City Council.
Chapter 29, Section 29.201(14) defines "Apartment Dwelling" as follows:
"(14) Apartment Dwelling means a building containing three or more residential units.
The term includes what is commonly known as an apartment building but does not include
community residential facilities or single-family attached dwellings. Apartment dwellings
may be occupied by families only, or by a group of unrelated persons limited to five or
less per residential unit."
Chapter 28, Section 29.201(105) defines "Independent Senior Living Facility" as follows:
"(105) Independent Senior Living Facility means 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 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)."
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"Chapter 29, Table 29.406(2), Minimum Off-Street Parking Requirements" includes
parking requirements for "Apartment Dwellings" as follows: `1.5 spaces/Residential Unit;
for one-bedroom units,' and `1 space/bedroom for units of 2 bedrooms or more.'
Chapter 29, Section 29.1504(1) states the following:
"(1) Purpose. This section is intended to allow for variances from the terms of this
Ordinance pursuant to Section 414.12 of the Iowa Code as will not be contrary to the
public interest, where owing to special conditions a literal enforcement of the
provisions of the Ordinance will result in unnecessary hardship, and so that the spirit
of this Ordinance is observed, and substantial justice done."
Chapter 29, Section 29.1504(3)(c) states the following:
"(3) Procedure. Review of an application for variance shall be conducted by the Zoning
Board of Adjustment and shall be in accordance with the following:
(c) Review and Disposition.
(i) The Zoning Board of Adjustment shall act upon all applications for a variance
in accordance with the requirements set forth in the Iowa Code.
(ii) In granting any variance, the Zoning Board of Adjustment may prescribe
appropriate conditions and safeguards to promote the purposes and protect
the integrity of this Ordinance. Violations of such conditions and safeguards,
when made part of the terms under which the variance is granted, shall be
deemed a violation of this Ordinance."
Chapter 29, Section 29.1504(4) states the following:
"(4) Standards. Pursuant to Iowa law, a variance shall be granted only if all the following
standards are satisfied:
(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."
3
The pertinent zoning regulations of the Iowa Code are included in Chapter "414 (City
Zoning), Section 414.12(3)" which states the following:
"414.12 Powers.
The board of adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of this chapter or of any ordinance adopted pursuant thereto.
2. To hear and decide special exceptions to the terms of the ordinance upon which such
board is required to pass under such ordinance.
3. To authorize upon appeal in specific cases such variance from the terms of the
ordinance as will not be contrary to the public interest, where owing to special
conditions a literal enforcement of the provisions of the ordinance will result
in unnecessary hardship, and so that the spirit of the ordinance shall be
observed, and substantial justice done."
BASIS OF PETITION:
The applicant has submitted responses to the variance criteria. See the attached
supporting information prepared by the applicant as part of the "Variance Application
Packet." Staff findings and conclusions are summarized in the Addendum.
PUBLIC NOTIFICATION:
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.
ALTERNATIVES:
1. The Zoning Board of Adjustment may deny this request for a Variance for 3709 Tripp
Street if it cannot find evidence that supports the explicit finding of consistency with all
the Variance criteria.
2. The Zoning Board of Adjustment, with findings of consistency for all Variance criteria,
may approve a Variance for 3709 Tripp Street based upon the proposal to change the
use of the property from independent senior living facility to apartment dwelling, and
to allow the new use with 40 fewer off-street parking spaces than are required by
Chapter 29 of the Municipal Code.
3. The Zoning Board of Adjustment may table this Variance Request and seek further
information from the applicant or from staff.
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PLANNING AND HOUSING DEPARTMENT RECOMMENDED ACTION:
The findings of fact and conclusions were made by staff for each of the variance criteria,
as described in the Addendum. The findings led staff to determine that none of the criteria
for the granting of a variance are met by the variance request.
There are other possible solutions, besides the granting of a variance, that the applicant
could pursue with applications for a Future Land Use Amendment to the Land Use Policy
Plan and rezoning the property from FS-RM to another zoning district.
The "Planned Unit Development (PUD)" Overlay zoning provisions of the Municipal Code
were recently adopted by the City Council. The applicant may wish to pursue a PUD
zoning overlay for this property. This could potentially enable use of the 61-unit building
as an apartment dwelling and may also allow for a reduction in the minimum number of
required off-street parking spaces.
Another option for the applicant would be to use the site for an independent senior living
facility, as has already been approved through the granting of a Special Use Permit by
the Zoning Board of Adjustment.
It is the conclusion of staff that the variance be denied. This is based upon an analysis
of the Variance Request and the applicant's information requesting a variance to allow
use of the existing 61-unit building (approved as an independent senior living facility) at
3709 Tripp Street as an apartment dwelling in the "FS-RM" (Suburban Residential
Medium Density) zone, and to allow less than the minimum number of required off-street
parking spaces for an apartment dwelling. The Planning Housing Department
recommends Alternative #1 to deny the Variance Request.
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ADDENDUM
Staff makes the following findings of fact and conclusions for each of the Variance criteria:
(a) The granting of the variance shall not be contrary to the public interest.
Findings of Fact: The Variance Application proposes to change the approved use
of the property from independent senior living facility to apartment dwelling. The
existing building is a three-story building with 61 units. The property is zoned as
"FS-RM" (Suburban Residential Medium Density) which allows a maximum of 12
units in each apartment dwelling. The number of units in the building (61) would
not change with approval of the variance. The building has 49 more units than the
maximum of 12 allowed in the FS-RM zone. If a new building were being
constructed, it would require approval of a Major Site Development Plan by the
City Council, and the number of units in the building would be limited to no more
than 12.
There are 74 existing off-street parking spaces on the site. Use of the property as
an independent senior living facility requires a minimum of 61 spaces, which is one
parking space per unit. The number of off-street parking spaces required for use
as an apartment dwelling would be 114. The number of parking spaces required
is based upon 1 .5 spaces for each one-bedroom unit and 1 space per bedroom for
units of two bedrooms or more. There are 17 one-bedroom units and 44 two-
bedroom units. Use of the site as an apartment dwelling would result in a deficiency
of 40 parking spaces based upon the number of one- and two-bedroom units.
The applicant states: "The granting of this variance will not be contrary to the public
interest because the site has been operating with the same number and type of
housing units for the last 15 years. There have been no impacts related to this
development or zoning complaints. The property serves the public interest by
providing housing for the citizens of Ames. Additionally, there have been no
parking issues related to this development."
City staff has no knowledge to confirm nor refute that the site has been operating
as an apartment dwelling for the past 15 years. We also cannot confirm that there
have been no impacts related to this development or zoning complaints. Without
the granting of a variance, use of the building as an apartment dwelling would not
be permitted since it has 49 more units in the building than is allowed by the FS-
RM zone.
Conclusions: Allowing only uses consistent with each zoning district and providing
parking for uses consistent with the zoning district is in the public interest. Each
use contains its own set of distinct standards for parking. Ensuring adequate
parking and access to a site to support allowed uses is also in the public interest
for the benefit of health, safety, and general welfare for the surrounding area.
Therefore, the Board can conclude this criterion is not met.
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(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: The property is zoned "FS-RM" (Suburban Residential Medium Density).
The use approved for this property with the granting of a Special Use Permit is as
an independent senior living facility. The proposed use of the property as an
apartment dwelling is permitted provided the building contains 12 units or less.
The existing building on the site was constructed in 2002 for use as an independent
senior living facility and includes 61 units. An apartment dwelling with 61 units is
not permitted in the FS-RM zone.
The Variance application includes a Market Study for this property and the
adjacent Windsor Pointe Apartments. The study concludes the following:
• "According to the contact at this property, the property is undergoing a
change in management. The contact attributed the elevated vacancy rate
to management by the previous company, the management transition, and
the COVID-19 pandemic. However, the contact stated demand for
affordable family housing in the area is high, and the property historically
has been occupied at 97 percent or higher.
• "The senior (55+) properties in the PMA (Primary Market Area) report an
occupancy level of 90.4 percent overall. None of the properties report a
waiting list. This indicates there is a higher demand for affordable
family/general tenancy housing in the PMA than senior housing."
• "There is a higher demand for affordable family/general tenancy in the
PMA (Primary Market Area) than senior housing." The study also
concludes that: "There is a larger number of family renter households than
seniors in the lowest income cohorts (Income less than $39,999. family
65,3%; senior 55+ 45.5%). This supports a higher need for low-income
housing for families than seniors, which is also demonstrated by the
previous affordable in the PMA Occupancy table."
The applicant states that: "Furthermore, a literal enforcement of the parking
standards to this existing site does not allow the current use of the property, which
would yield no return
Conclusions: A reasonable return does not ensure a profit, maximized gain, or
that no loss on an investment may occur because of owning a property and using
it in a manner consistent with City ordinances. The question of hardship applies to
whether the property can be used in any manner consistent with the City's zoning
standards and yield a reasonable return.
The applicant has not provided evidence that the property cannot yield a
reasonable return if used only for a purpose allowed in the zone, such as an
independent senior living facility. The study conclusions focus on the higher
demand for affordable family/general tenancy housing, but do not provide evidence
that there is no demand for independent senior living.
Therefore, the Board can conclude that this criterion is not met.
(ii) The plight of the owners is due to unique circumstances and not to
the general conditions in the neighborhood.
Findings: Unique circumstances may include such things as location of the
property, size or shape of the lot, topography, or water features on the site.
Hardships that result from personal circumstances may not be the basis for
granting a variance.
The neighborhood is a mix of apartment dwellings with no more than 12 units in
each building, single-family and two-family detached dwellings, commercial, and a
neighborhood park.
The applicant states that: "The owner's plight is unique because the property has
been used as multi-family housing for the last 15 years without negative impacts
to the neighborhood."
An independent senior living facility is a form of apartment dwelling. An apartment
dwelling means a building containing three or more residential units. Both facilities
are a form of multi-family housing.
Conclusions: Staff believes the applicant is asserting that the property has be used
as an apartment dwelling for the past 15 years. Staff can neither confirm, nor
refute, whether that is true. Staff also cannot confirm, nor refute, that there have
been no negative impacts to the neighborhood during those 15 years.
If the 61-unit structure has been used as an apartment dwelling for the past 15
years, that is not a basis for "unique circumstances." Occupancy of the building
as an apartment dwelling instead of as an independent senior living facility is a
violation of the zoning standard that limits the number of units to no more than 12
in an apartment dwelling in the FS-RM zone.
Therefore, the Board can conclude this criterion is not met.
(iii) The use to be authorized by the variance will not alter the essential
character of the locality.
Findings: The applicant states that: "The current use of the property would not
change and therefore does not alter the essential character of the locality."
The approved use for the property, as approved through the granting of a Special
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Use Permit by the Zoning Board of Adjustment, is an independent senior living
facility not an apartment dwelling.
Conclusions: If the property is occupied partially, or completely by tenants that
meet the criteria for independent senior living facility, approval of the variance to
allow use of the property as an apartment dwelling could potentially alter the
essential character of the locality with the need for on-street parking and additional
traffic. An apartment dwelling would require an additional 40 parking spaces
beyond what is currently available on the site.
Therefore, the Board can conclude that this criterion is not met.
(c) The spirit of the Ordinance shall be observed even when the variance is
granted.
Findings: The applicant states that: "The spirit of the ordinance is observed when
the variance is granted because the applicant is not negatively impacting the
neighborhood or creating a need for mitigation. The proposed use of the property
has not caused harm to the health, safety, or general welfare of the City. What it
has created is a safe and secure place to live for the existing residents. No
additional units are being proposed than what has existed on this property for the
last 15 years."
"F-S" Suburban Residential Development Principles include a development
pattern that is compatible with surrounding neighborhoods and is consistent with
the Goals and Objectives of the Land Use Policy Plan. The development pattern
in the FS-RM zone is to limit the number of units in apartment dwellings to a
maximum of 12.
The number of off-street parking spaces required by the Zoning Ordinance is a
minimum, not a maximum number of spaces.
Conclusions: A variance request that is proposing to have five times the maximum
number of units in an apartment dwelling than what is allowed by the FS-RM zoning
regulations, and 40 fewer parking spaces than the minimum number required, is
not consistent with the spirit of the ordinance. In addition, the applicant provides
no basis for statements that the proposed use of the property has not caused harm
to the health, safety, or general welfare of the City, nor that the supposed use of
the site has created a safe and secure place to live for the existing residents.
Therefore, the Board can conclude that this criterion is not met.
(d) Substantial justice shall be done as a result of granting the variance.
Findings: Substantial justice speaks to the requirement that the hardship must be
peculiar to the property or that an issue of equity in use of property exists. The
hardship must be peculiar to the property and not shared by the community.
9
Conclusions: If others must bear the hardship by complying with the zoning
requirements for the maximum number of units in a building and the minimum
number of parking spaces required for a particular use, then relief through a
variance should not be granted. Substantial justice would not be done by granting
the requested variance.
Therefore, the Board can conclude that this criterion is not met.
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Attachment A - Location Map
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Attachment B - Site Plan Approved 09/21/03
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Attachment C - Site Plan Approved 03/06/02
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SITE PLAN:Special Use Permit for Independent Senior Living Facility
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