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HomeMy WebLinkAbout5 ITEM #: 02 DATE: 10-13-21 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 at 3709 Tripp Street (approved as an Independent Senior Living Facility) 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: The applicant is requesting a variance to allow use of the 61-unit structure at 3709 Tripp Street as an Apartment Dwelling instead of the approved use as an Independent Senior Living Facility (See Attachment A-Location Map). The FS-RM zone allows an Apartment Dwellings, but with a maximum of 12 units in each building used for that purpose. Zoning allows for an unlimited building size for Independent Senior Living Uses approved by Special Use Permit. The applicant also requests that the variance allow 40 fewer parking spaces than is required by the Zoning Ordinance for the Apartment Dwelling due to a higher parking requirement compared to Independent Senior Living. Note the applicant also owns and operates a separately approved apartment development known as Windsor Pointe to the west of the subject site of the variance. However, the owner has consolidated the properties for tax purposes, but it is actually made up of two legal lots. The Independent Senior Living Facility (Lot 1, South Fork Subdivision, First Addition) is located on a separate lot from the 12-unit apartment dwelling complex located to the west on Lot 2 of the South Fork Subdivision, First Addition. The variance request relates only to Lot 1. On March 27, 2001, the City Council approved a Land Use Policy Plan Map Change (Resolution No. 01-108) 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). The property at 3709 Tripp Street, currently owned by Windsor TWG LP, is occupied by a three-story building built in 2002 with a total of 61 units on 3.65 acres (See Attachment A-Location Map). The Zoning Board of Adjustment approved a Special Use Permit (Case No. 02-09) on March 6, 2002, to allow construction of an Independent Senior Living Facility on this site. A second Special Use Permit (Case No. 03-56) was granted by the Board on September 24, 2003, to allow the construction of two carport structures over existing parking spaces. From Staff's review of the original approval there is no mention in the meeting minutes, or the Decision & Order for the Special Use Permit (Lot 1) related to whether the approved project would be used for affordable senior housing or market 1 rate senior housing. Additionally, the Major Site Development Plan (Lot 2) for Windsor Pointe that was approved by the City Council in 2002 does not indicate whether the facility would be used for market rate of affordable housing as apartment dwellings. The applicant indicates in their variance application that the property has never been used for senior housing and has been used primarily as affordable housing per the Low-Income Housing Tax Credit program administered by the Iowa Finance Authority. Windsor TWG LP, the applicant, purchased the property at 3709 Tripp Street on October 28, 2020. A "Zoning Confirmation Letter" from the Planning and Housing Department, dated September 1, 2020, confirms that the applicant was aware of the Special Use Permit for the Independent Senior Living Facility prior to purchasing the property. The Zoning Confirmation Letter includes the following statements: • "The enclosed Special Use Permit for Independent Senior Living for this property was approved by the Zoning Board of Adjustment on March 6, 2002 (Case No. 02- 09),"and • "The current Site Plan for the east half of the property was approved by the Ames Zoning Board of Adjustment on September 24, 2003, a copy of which is enclosed. The current Major Site Plan for the west half of the property was approved by the Ames City Council on April 23, 2002, by Resolution 02-264, a copy of which site plan is enclosed." The Planning and Housing Department received "Exhibit 713 Political Jurisdiction Certification"from the applicant on February 19, 2021, for signature by the City confirming site details and use. This is a form from the Iowa Finance Authority that is required to apply for Low-Income Housing Tax Credit (LIHTC). The applicant was proposing at to use the 61-unit building at 3709 Tripp Street as an Apartment Dwelling. The building had been approved for use as Independent Senior Living, but not as an Apartment Dwelling in the FS-RM zone. Therefore, the City could not sign Exhibit 713. An email was received from Ryan Kelly, Acquisitions Director for TWG, on March 2, 2021, which states: "I've dug in a little more on this project. In discussing with the original developer, they never operated this as an independent living facility since 2003. However, I agree with your information below looking back at all the documents. Honestly, I think what happened is they applied for tax credits in 2002 as a senior project but ended up getting credits as just a family project. I find nothing that provides information where they received approval from the City to make that change." At this point the applicant asked for options of how to proceed with use of the property as low-income housing without the senior housing limitation. Staff outlined requesting a Land Use Policy Plan Amendment and zoning change with City Council or to pursue a variance, subject to evidence for findings in support of it. Subsequently in the summer of 2021 Staff indicated an additional option existed through a recently adopted Planned Unit Development Overlay rezoning that could provide for the design flexibility of building size and parking reductions if the site is used as affordable housing. 2 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)." "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 3 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." 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, 4 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. PLANNING AND HOUSING DEPARTMENT RECOMMENDED ACTION: Staff reviewed the application materials and has visited the site. The findings of fact and conclusions were made by staff for each of the variance criteria, as described in the Addendum. Staff did not find that per the legal criteria of a Variance that the applicant had met the thresholds for a variance. Staff determined that none of the criteria for the granting of a variance are met by the variance request. Fundamentally, the preferred use of the site as non-senior housing does not meet the criteria and the review of the evidence does not support that the site cannot feasibly be used for such a use in compliance with 5 City regulations. Without approval of the variance the applicant will need to comply with regulations of the approved Special Use Permit for senior housing. The applicant has made it clear to staff in our numerous discussions that is not desirable, but also problematic for them due to the agreements in place with Iowa Finance Authority (IFA). However, the City is not a party to these agreements and is not charged with resolving these issues. The issue of affordable housing use versus senior housing use could still be addressed by the City Council. 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 that does not have building size limitations. 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. 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. 6 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 without seniors 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. (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 applicant has provided a Market Study with the Variance for this property and the adjacent Windsor Pointe Apartments. The study compares the relative demand for low-income affordable housing to senior housing. The study concludes the following: • Vacancy Rate- "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. 8 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. The question of preferred use or higher demand does not directly relate to the variance criteria without a showing that the allowed use is not feasible. There is no evidence provided that the property cannot successfully be marketed and used for senior housing at market rates or as affordable housing. The applicant also contends that the financial use of the property as their preferred use of low-income housing is required to operate as family housing rather than senior housing due to the LIHTC financing by the prior owner of the property. Denial of use of the site would impact their compliance with the LIHTC program requirements and cause a financial hardship. 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. The only unique condition is the Special Use Permit approval for the initial development of a 61-unit building where normally 12- unit buildings are permitted. Conclusions: Staff believes the applicant is asserting that the property has be used as an apartment dwelling without seniors for the past 15 years. The City has other Independent Senior Living Facilities operated as rental properties and Co-ops within the same type of zoning districts that have been occupied as senior housing. Senior housing is a use type that is supported within the market of Ames based upon the recent construction and continued operation of such projects. 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" as the building and site were 9 initially approved consistent with City standards. There has been no change in City standards for this zoning district regarding Independent Senior Living after its approval. The operation of the facility as non-senior housing would be in noncompliance with the approved permit for the property. As noted earlier, the projected was not approved as affordable housing and appears to have become so through actions of the prior owner independent of City approvals. 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 Use Permit by the Zoning Board of Adjustment, is an independent senior living facility not an apartment dwelling. Conclusions: Due to the built conditions of the property and intended residential use of the property, the primary issue of character for this property relates to the intensity of use and the relationship to parking. An apartment dwelling would require an additional 40 parking spaces on this site beyond what is currently available on the site. The City does not distinguish affordable housing parking rates from market rate housing parking rates, they are applied uniformly across the City. If the property is occupied partially, or completely by tenants that do not 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. 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. Senior housing has a different development allowance recognizing there are different attributes associated with the type of facility 10 demands and activity levels of its residents, which in turn allows for and requires a larger building and allows for less parking. 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. The spirit of the ordinance is to encourage a diverse housing option with special exceptions for the specific use of senior housing in this zoning district. Without a showing of a lack of feasible use of the property as approved, it is not in the spirit of the ordinance to take an exception to a specific use allowance with the larger building type and provide a use that is not otherwise permitted. Although the applicant contends they operate a safe and desirable living environment, staff finds that is not directly related to the variance criteria as it is essentially a baseline expectation for property management and the City's Rental Code. 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. 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. In this instance staff does not believe that the applicant has demonstrated they meet the criteria of a variance and that specifically complying with the senior housing use limitation is not feasible. The applicant also acquired the site in 2020 with disclosure of the use limitation. Substantial justice would not be done by granting the requested variance. Therefore, the Board can conclude that this criterion is not met. 11 Attachment A - Location Map m 1<>E2Y -r C.TORY'STTOR'Y cy: �.�. 72 _ LLJ < RO • J �G �n U X FRONTAGE 1 �� sr LG?WALINCOLN WAYLINCOLNL'INC.OLN WAYNCOLN WAY LINCOLN WAY nW IN G -- .N •1 dI� C: �1 Z: 4 W . ° 3709 Tripp St. - LU 1RIPP ST,� TRIPP S17RIPP ti IN RD APLIN RD TipP 8T' a �' - w n =, r 0 tLi .a. :r LZ D ' cc � r_I U", �.- fvIARIGOLD nR MARIGOLD°DR Ll GE Mf S t) NARRIS'ST�'—`," t:r)Y S T U*" f 1'.5T 17 QPurc3 :ES I,'HERE,GahMl Int r�nC eirnp nt Corp. GE��GiQ l S S, 5 r AC' .5� R A G46B0 e.I(,N,,Kadpstej, L, rdnanc Survey Esri� aJ p l 'E A 'hin�a(11 ngiC�n9j e�O�x treetMa tribA+torsti.a}}��d he GIS User Community City ofAmes,IA Mf; +` ♦', 't r Ames 3709 Tripp Street Location Map Geographic Information Systems ID City or Ames,Iowa makes nowarranbes,expressed or implied, NORTH ncl A ng with"I li n itatlon,any warranties of march antabiity or Illness for a particular purpose.In no event sh all the City of Ames be fable for lost profit sorany"nserprential or incd-&damages caused by Date: 10/5/2021 1 inch =400 feet ft use of the map. 12 4 taF- � �F �T oos \`��T o0o y�N/ oao 1 ��'e_o�i�7����•filEa���°��E'������� gyp. ',,t� g �i ;,_�- '��� s '� ♦� w ����� fin. MA ° ° i©o©UUMOUI0000uaovio SITE PLAN:Special Use Permit Revision for Car Ports 3709 Tripp Street,Windsor Pointe Apartment Complex Ep —.== EN INEERING PLUS, INC. Attachment C - Site Plan Approved 03/06/02 I fm e F_ T. .4 IN k;All I \% ------ ----- u ......... ----- .... .......... .................. -­ --- - - ---- ---------- W _.:. ........ ---- ------- ------ �1'1- 1 11 HT .......... ............................. ------------------------------ .................................. ............ ..... ------------ -------- ... ----------- ...................... ------- ---- -------------- --------------- gq i AT§_i Hui HIM �_ �! �,j� 1 11 411 1 q 41 P§ .1iff flap jjilip HP N11 brt -i�F0, ij l 1 1-�-4M Mil i, 641-1.1-1 Ila ii i N1111 (_FT SITE PLAN:Special Use Permit for Independent Senior Living Facility 3709 Tripp Street,Windsor Pointe Apartment Complex .!GINEERING PLUS, INC. 500Kh5 5-282AN2 14