HomeMy WebLinkAboutA006 - Council Action Form dated May 26, 2026ITEM #:46
DATE:05-26-26
DEPT:P&H
SUBJECT:HEARING ON REZONING OF THE PARCEL AT 5120 TABOR DRIVE FROM
A (AGRICULTURAL) AND FS-RL (FLOATING SUBURBAN - RESIDENTIAL
LOW DENSITY) TO FS-RL (FLOATING SUBURBAN - RESIDENTIAL LOW
DENSITY) WITH A MASTER PLAN
COUNCIL ACTION FORM
BACKGROUND:
The proposed rezoning is for a 1.95-acre parcel, addressed as 5120 Tabor Drive (Attachment
A). The property is currently zoned “A” (Agricultural) (Attachment B); the requested zoning is
“FS-RL” (Floating Suburban – Residential Low Density) (Attachment C). The parcel,
currently platted as an outlot of Sunset Ridge Subdivision, 12th Addition, was created
in December of 2024 with the subdivision that created the Lutheran Church of Hope
property immediately to the south. The property has never been developed.
A small portion of the property to the west is already zoned FS-RL. This sliver was previously
part of an outlot for Sunset Ridge that was incorporated into the Lutheran Church of Hope
property when it was platted in 2024. The remaining area is Agricultural zoning as the default
zoning district of the City for land when it is first annexed to the City.
The site has two different land conditions. The western half is open area with long grass. The
east half is not open and includes trees. Open area and a pond is located to the south of the
site on the Church of Hope's property. Across the street from the site, to the north, are
single-family detached homes within FS-RL zoning, built within the Sunset Ridge Subdivision.
The zoning request is accompanied by a Master Plan (Attachment D), a discretionary
component of an application for FS-RL zoning. The Master Plan designates the entirety of the
property as residential and for use as detached single-family dwellings. Total units are
described between 7-9 units for the property, which is within the estimated allowed range of 7-
19 units.
The minimum density of the site will be subject to review with a future subdivision plat where
open space and frontage is analyzed, but the maximum density (9 units) will be set by the
Master Plan regardless.
The FS-RL zoning requires that 10% of the development be set aside for usable common
open space. The Master Plan does not indicate any open space set asides at this time. The
required Open Space set-aside will be determined with a future subdivision plat if it is not
designated with the Master Plan.
Since the rezoning application was filed, the developer has indicated that he has been in
contact with the Sunset Ridge HOA and intends to join and become part of the larger Sunset
Ridge Subdivision. If this occurs, the need for 10% open space would be satisfied within the
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larger neighborhood which has sufficient land to accommodate additional open space
requirements with additional development. Without joining the Sunset Ridge HOA, the
development would have been required to provide 10% common usable open space on-site. If
the common open space requirement can be met by taking advantage of the neighboring HOA
common open space, the 10% will not be required on the 1.95 acres of this development.
Ames Plan 2040, the City’s comprehensive plan, designates the property as “Residential
Neighborhood 3: Expansion” (RN-3) (Attachment E). This category is intended for new,
greenfield development in undeveloped areas. Applicable zoning categories for RN-3 include
the proposed “FS-RL”. FS-RL zoning allows for detached, single-family development.
City water, sanitary sewer, and storm sewer already serve this site extending from the right-of-
way of Tabor Drive. Access to the property is from Tabor Drive. Drainage for the property is
accounted for in the storm water management plan of the Lutheran Church of Hope property to
the south and no additional on-site stormwater retention or detention is required.
PUBLIC OUTREACH:
Notice of the rezoning request was sent to property owners within 400 feet and posted on the
site.
PLANNING & ZONING COMMISSION:
The Planning and Zoning Commission met on May 6, 2026 to consider the rezoning request.
One neighbor along Tabor, Jonathan Claussen, spoke against the rezoning at the meeting
voicing a concern about the environmental conditions and the desire for open space in the
area. Prior to the meeting, staff received four responses from neighboring properties within
400 feet of the subject parcel (Attachment H). Three of the responses were opposed to the
rezoning, including Mr. Claussen's, and one response from the original owner that was in
favor.
At the meeting their was discussion of the conditions of the site and open space requirements.
One point of contention was the pond on the Lutheran Church of Hope property and a
potential wetland to the south that the neighbor believed could be impacted by the
development. The area was previously studied (November of 2024) at the time of
development of the Hope property.
A small wetland area along the northeast bank of the pond was identified at that time. The
conclusion of the report was that it was likely not a US Army Corps jurisdictional wetland since
the pond was man made. The Addendum includes more specific information.
No disturbance of the area was proposed by Hope and it is included in an Open Space area
designation with their rezoning Master Plan. Staff noted that at this time, there is no proposal
that impacts the pond or wetland conditions on the Hope property, even though storm water is
planned to be treated and detained on the Hope property.
The Commission voted 6-0-0 to recommend that Council approve the request to rezone the
subject property from "A" and "FS-RL" to "FS-RL" with a Master Plan.
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ALTERNATIVES:
1. The City Council may approve on first reading the request to rezone the property at 5120
Tabor Drive from "A" (Agricultural) and "FS-RL" (Floating Suburban - Residential Low
Density) to "FS-RL" (Floating Suburban - Residential Low Density) with a Master Plan,
subject to updates to the Master Plan noting review of future open space and minimum
density requirements and zoning agreement prior to third reading.
2. The City Council may approve the first reading of the request to rezone the property at
5120 Tabor Drive from "A" (Agricultural) and "FS-RL" (Floating Suburban - Residential
Low Density) to "FS-RL" (Floating Suburban - Residential Low Density) with a modified
Master Plan.
3. The City Council may deny the first reading of the request to rezone the property at 5120
Tabor Drive from "A" (Agricultural) and "FS-RL" (Floating Suburban - Residential Low
Density) to "FS-RL" (Floating Suburban - Residential Low Density with a Master Plan.
CITY MANAGER'S RECOMMENDED ACTION:
The request for rezoning is consistent with the adopted Ames Plan 2040 as described
in the Addendum. City staff believes the site can be developed for residential use if it is
rezoned as “FS-RL”.
Infrastructure improvements will be detailed with a future subdivision approval for
development of the site. There are no impacts on infrastructure and City services and the
proposed level of development is consistent with what has been anticipated for development
in this area.
The Zoning Ordinance does require that FS-RL rezoning application have a developer submit
a Master Plan with the application or request a waiver of the requirement. Typically,
developments are much larger and less precise than this request and a Master Plan is needed
to provide some definition of expectations for future development.
The proposed Master Plan, although no open space is shown, can be found to be
consistent with Code requirements about designating the area proposed for
development and can be approved with the updated notes that minimum density and
open space set asides will be addressed with subdivision review. A rezoning master
plan agreement would be required prior to third reading. Therefore, it is the
recommendation of the City Manager that the City Council approve Alternative #1.
ATTACHMENT(S):
Addendum.pdf
Attachment A - Location Map.pdf
Attachment B - Existing Zoning.pdf
Attachment C - Proposed Zoning.pdf
Attachment D - Proposed Master Plan.pdf
Attachment E - Future Land Use Map.pdf
Attachment F - Wetlands.pdf
Attachment G - Supplement.pdf
Attachment H - Responses from Nearby Property Owners.pdf
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5120 Tabor Drive Rezoning.docx
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ADDENDUM
REZONING BACKGROUND:
Ames Plan 2040. The Future Land Use Map designates the land proposed for rezoning
as “Residential Neighborhood 3: Expansion” (RN-3). This category is intended to be
zoned “FS-RL” (among other residential categories) (see Attachment E – Future Land
Use Map).
Some of the characteristics of the “Residential Neighborhood 3: Expansion” (RN-3) future
land use designation (Ames Plan 2040, p. 55) are:
- Primarily residential and largely single-family at low and medium densities.
- Conventional suburban lot sizes in subdivision.
- Common pattern of automobile-oriented design with front-loaded garages.
The proposed rezoning will contain single-family lots that will mirror the surrounding
Sunset Ridge neighborhood in lot size.
Proposed Zoning. The applicant proposes rezoning from “A” (Agricultural) and “FS-RL”
(Floating Suburban – Residential Low Density) to “FS-RL” (Floating Suburban –
Residential Low Density) with a Master Plan. A small portion of the property, remnant of
a former outlot for Sunset Ridge that was incorporated into the plat, is currently zoned
FS-RL. The property to the north, west, and south is all zoned FS-RL. The land to the
east is zoned “A” (Agricultural). The property, along with the church property to the south
and “A” (Agricultural) property to the east were annex in 2024.
The “FS-RL” zone is intended to “accommodate contemporary development patterns
similar to development in the past 20 to 30 years” (Sec. 29.1202(1)). The generous lots
for detached single-family development proposed in this development are in keeping with
the surrounding character. Development is expected to be generally auto-oriented, with
access from major traffic ways. FS-RL zoning includes no specific architectural standards
and includes basic front, rear, and side setbacks. A developed site must include at least
40% of the area as landscaping (including turf grass).
The FS-RL district requires a maximum density of 10 dwelling units per net acre. The
minimum density is 3.75 dwelling units per net acre, which can be adjusted by subtracting
various pieces of land from the total, such as outlots. Exact density will be determined at
the time of the Preliminary Plat. The developer proposes 7-9 dwelling units on 1.95 acres,
which equates to 3.6 to 4.6 dwelling units per acre before accounting for any allowed
deductions.
At the time of the Preliminary Plat, the development plans will be required to show:
- The location of the lots,
- Utility connections
- Street trees and sidewalks, and
- Accounting for the require 10% common usable open space, which can be met by
joining the Sunset Ridge HOA or provided on site.
Existing Uses of Land. Land uses that occupy the subject property and other
surrounding properties are described in the following table.
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Direction from Subject Property Existing Primary Land Uses
Subject Property Undeveloped
North Detached Single-Family Residential
East Large Lot with a Single-Family Home
South Church
West Detached Single-Family Residential
Infrastructure. Impacts on infrastructure and City services for this parcel are consistent
with what is already anticipated for residential use of the property. Public water and sewer
run the length of Tabor Drive along this property. Public Works has determined that
adequate sewer capacity exists to serve the site.
Tabor Drive is a local street with two-way traffic and can accommodate the anticipated
vehicular traffic.
Wetlands.
For the neighboring Lutheran Church of Hope Development, the church hired an outside
company, EOR, to complete a wetland delineation report (Attachment F). This study,
completed in November 2024, included the subject land. One area with wetland -indicating
conditions was identified. The wetland is unlikely to be a Water of the United States as a
Jurisdictional Wetland and it is therefore not required to be maintained as a conservation
area.
From the report: "EOR delineated one (1) wetland, and one (1) pond feature during the
site visit on October 31, 2024. The wetland is adjacent to the pond which is not likely to
be jurisdictional, because it is a man-made feature. Therefore, the delineated wetland is
also not likely to be jurisdictional. The pond is a likely waters of the United States and
subject to regulations promulgated under the Clean Water Act, but not a jurisdictional
wetland. Official determinations require consultation with USACE."
Findings of Fact. Based upon an analysis of the proposed rezoning and laws pertinent
to the proposed map amendment, staff makes the following findings of fact:
1. The subject property is owned by Pinnacle Properties Ames LLC (Keith Arneson). The
rezoning request and statement of justification is included as Attachment F.
2. Ames Municipal Code Section 29.1507(1) allows the property owner to initiate an
amendment to the Official Zoning Map.
3. The proposed rezoning is consistent with the designation of “Employment” (RN-3)
identified on the Ames Plan 2040 Future Land Use Map.
4. Development in the “FS-RL” zoning district requires a Master Plan.
5. Impacts on infrastructure and City services for this parcel are consistent with what is
already anticipated for the area.
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Public Notice. The City provided mailed notice to all property owners within 400 feet of
the subject property prior to the Planning and Zoning Commission meeting in accordance
with the notification requirements of Chapter 29.
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ATTACHMENT A
Location Map
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ATTACHMENT B
Existing Zoning
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ATTACHMENT C
Proposed Zoning
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ATTACHMENT D
Master Plan
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ATTACHMENT E
Ames Plan 2040 Future Land Use Map
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ATTACHMENT F
Wetlands
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ATTACHMENT G
Supplement
The following text is intended to supplement the Rezoning Application packet as
required.
1. Reasons for Requesting Rezoning. Rezoning is requested to change from
Agriculture to FS-RL for residential house development on the south side of
Tabor Drive.
2. Consistency of the Rezoning with Ames Plan 2040. Ames Plan 2040 shows
the proposed project parcel as Residential Neighborhood 3 (RN-3) on the future
land use map. RN-3 is the updated version of the previous FS zoned areas. The
proposed use is consistent with the RN-3 zone shown in the comprehensive plan.
3. Current Zoning. “A” (Agricultural) & “FS-RL” (Floating Suburban – Residential
Low Density). Approximately 6,743 square feet at the west end of the property
out of the total 85,153 square feet is FS-RL. The remainder is A.
4. Proposed Zoning. “FS-RL” Floating Suburban – Residential Low Density with a
Master Plan
5. Proposed Use. The intended use of the property is detached single-family
residential, similar to the surrounding Sunset Ridge neighborhood.
6. Legal Description. Outlot XX, Sunset Ridge Subdivision, Twelfth Addition
7. Land Area. 1.95 Acres.
8. Map. See previous attachments.
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ATTACHMENT G
Responses from Nearby Property Owners
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER
Prepared by: Renee Hall City Clerk’s Office, 515 Clark Avenue, Ames, IA 50010
Phone: 515-239-5105 Return to: Ames City Clerk, P.O. Box 811, Ames, IA 50010
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF AMES, IOWA, AS PROVIDED FOR IN SECTION 29.301 OF THE
MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY CHANGING THE
BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON
SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL
CODE OF THE CITY OF AMES, IOWA; REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE
BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa;
Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in
Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing
the boundaries of the districts established and shown on said Map in the manner
authorized by Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows:
That the real estate, generally located at 5120 Tabor Drive, is rezoned from Agricultural
(A) and Floating Suburban-Residential Low Density (FS-RL) to Floating Suburban –
Residential Low Density (FS-RL) with a Master Plan.
Real Estate Description: Sunset Ridge Subdivision, 12th Addition, Outlot XX
Section 2: All other ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
Section 3: This ordinance is in full force and effect from and after its adoption
and publication as provided by law.
ADOPTED THIS day of , .
Renee Hall, City Clerk John A Haila, Mayor 19