HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 1-8-20141
MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA JANUARY 8, 2014
The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on
January 8, 2014, in the Council Chambers of City Hall with the following members present: Patrick
Brooks, Shelby Ebel, Elizabeth Erbes, and Gary Taylor. Vice Chair Sandra McJimsey was absent. Staff
members Kelly Diekmann, Jeff Benson, Charlie Kuester, and Mark Lambert were also present.
APPROVAL OF MINUTES: Moved by Erbes, seconded by Ebel, to approve the minutes of the meeting
of November 13, 2013, as written.
Vote on Motion: 4-0. Motion declared carried unanimously.
CASE NO. 13-12
VARIANCE - ARNESON, 2811, 2817, & 2828 WEST STREET
Public Hearing on application for Variance from building height restrictions on the properties
located at 2811, 2817, and 2823 West Street
City Planner Charlie Kuester explained that West Street Lofts LLC, represented by Keith Arneson, is the
applicant for a height variance in the West University Impacted Overlay District. The project is an addition
to an existing four-story apartment building located at 2811 West Street, which was built in 2009. The
applicant also owns the two adjacent buildings located at 2817 and 2823 West Street. These buildings are
single-family homes that have been converted to apartment dwellings. Mr. Kuester indicated that both
properties are in disrepair and are operating under a one-year temporary Letter of Compliance under the
City’s Rental Housing Code. A significant capital investment would be required to obtain a permanent
Letter of Compliance. Mr. Kuester said that the applicant seeks to demolish the two single-family home
buildings, combine all three lots into a single parcel, and construct an addition to the existing apartment
building.
According to Mr. Kuester, the height limit in the High Density Residential District is 100 feet. However,
the West University Impacted Overlay District imposes a more restrictive 45-foot height limit because it
was at one time characterized predominantly by single-family homes. Mr. Kuester explained that building
height is calculated by measuring from the average grade around a building to a point halfway between the
peak and gutters. The existing apartment building meets the 45-foot height limit, and if built separately,
the proposed addition would also meet the height limit. However, because the grade on the proposed
addition drops approximately 8 feet to the west, the average grade on the entire site would be lowered,
resulting in a total measured height of 47 feet 9 inches for the existing building.
Mr. Kuester reviewed the variance criteria from Municipal Code Section 29.1504(4) as detailed in the staff
report. He stated that City staff has found the application to meet all of the standards, and approval is
recommended.
Keith Arneson, 4114 Cochrane Parkway, Ames, Iowa, was sworn in and testified under oath. He
commended City staff for defining the technical aspects and issues associated with the project. Mr. Arneson
gave a brief history of the changes in development standards in the subject area. He said that in the year
2000, he removed three run-down houses and built a new apartment complex near the subject property. At
that time, there was a tax abatement program available for the redevelopment of dilapidated properties.
That program has since gone away; however, when the West University Impacted Overlay district was
created, the more stringent design guidelines associated with the tax abatement program remained in place.
Mr. Arneson noted that parking requirements in the area have changed as well. When the other building
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was built in 2000, two parking spaces were required for every three-bedroom unit. Currently the City Code
requires 3.75 spaces per three-bedroom unit. Mr. Arneson pointed out that he has only recently acquired
the two run-down properties. He said that he believes the new addition will fit well and will be an asset to
the area.
Moved by Brooks, seconded by Erbes, to adopt ORDER NO. 13-12, thereby approving the request for a
Variance to allow an increase in the calculated height to allow a building of 47 feet 9 inches as shown on
the elevation plan for the properties located at 2811, 2817, and 2823 West Street, based upon the findings
and conclusions as stated in the staff report.
Roll Call Vote: 4-0. Motion declared approved unanimously.
CASE NO. 13-13
SPECIAL USE PERMIT - VILLAGE COOPERATIVE OF AMES, 2899 CEDAR LANE
Public Hearing on application for Special Use Permit to allow construction of an independent senior
living facility on the property located at 2899 Cedar Lane
City Planner Jeff Benson stated that the subject property is located along Oakwood Road at the corner of
Cedar Lane, in the Ringgenberg Park Subdivision. He explained that the subdivision was first approved
in 2005 as collection of single-family detached homes and some 10-unit apartment buildings. During that
time, the 17 acres on the north end was designated Suburban Residential Medium-Density (FS-RM) for
small apartment buildings. The plan for the area was later changed, and some of the planned homes and
apartment buildings have been removed. Mr. Benson explained that the subject property, addressed as 2899
Cedar Lane, is part of a Master Plan that was approved by the City Council in November of 2013. The Plan
includes eight 10-unit apartment buildings, three single-family detached homes, and an independent senior
living facility. Mr. Benson noted that a senior living facility is a use that is allowed in an RM zoning district
if a Special Use Permit is approved by the ZBA. The Code allows an unlimited number of units and a
building up to 50 feet in height. Mr. Benson explained that, by requiring residents to be 55 years of age and
older, and requiring the Special Use Permit, the Land Use Policy Plan gives further assurance that the use
will fit in with the zone.
Mr. Benson explained that because the subject area is governed by a Master Plan, Preliminary Plat, and a
Major Site Development Plan, many of the features that the Board would look for to mitigate impacts are
already required by previous approvals given to this project. Mr. Benson noted that the Plan has approved
of 149 units including the senior living facility, which is at the low end of the density that is allowed in the
area, so the number of units is not an issue with this proposal.
According to Mr. Benson, traffic is often a concern when considering a Special Use Permit. He said that
when the subdivision was first approved, traffic impact studies were done. Improvements were required
on Cedar Lane to accommodate all of the traffic from the subdivision, including the single-family homes
and apartments. Those traffic improvements have either already been installed or are still required by a
binding agreement signed by the developer in 2005. Since the time of the traffic study, the number of
planned homes in the subdivision has decreased. Mr. Benson stated that traffic associated with the proposed
independent senior living facility will be less than originally expected.
The storm water plan for the area was reviewed by Mr. Benson. He said that the storm water runoff from
most of the property will go to a series of detention ponds. The water is treated for quality through settling
basins and vegetative swales. Mr. Benson explained that the capacity of the detention areas is such that the
runoff rate after development is approximately 80% lower than before development. He noted that the
storm water plan has been reviewed and approved by the City engineers.
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Mr. Benson stated that another element of the plan that is important for this use is the distance of the
development from property lines and surroundings. He displayed the site plan, noting that the senior living
facility is significantly farther away from the property lines than required by Code. He said that, even
though the building is large, it is well-separated from existing buildings and proposed future buildings.
The building elevation drawings were reviewed by Mr. Benson. He explained that the Special Use Permit
criteria also require the proposal to be architecturally compatible with the area. The building’s design
features give it a residential scale and appearance, which is compatible with its surroundings. Mr. Benson
noted that a large share of the parking for the facility is located underground beneath the building. He also
explained that there is a 50-foot maximum building height in the FS-RM zone, and the proposed building
is just under that threshold. Mr. Benson said that the building design and grade have been managed to
reduce the visible appearance of the height as much as possible. The details of the landscaping plan and
requirements were reviewed, and Mr. Benson advised that the site design provides landscape buffering to
minimize its impact on the use of adjacent properties. He noted that the staff report lists the Special Use
Permit criteria and staff’s findings of fact and conclusions with regard to the application. Staff has found
that the request meets all of the standards in the Code.
Mr. Benson emphasized that the use of the property as a senior living facility is important. When the project
was first proposed as part of the Master Plan, the developer indicated that the facility would be owner-
occupied. According to Mr. Benson, that was an important part of obtaining support from the neighborhood
for this project. He explained that, while the proposed use is set up as a co-op ownership model, a senior
living facility may be either a rental or owner-occupied as defined by the Zoning Code. He noted that a page
from the cooperative’s articles of incorporation was included in the Board’s packet. Mr. Benson said that
this particular project is financed through the US Department of Housing and Urban Development (HUD),
which requires that the facility be owner-occupied. According to the developer, the project could stay HUD-
financed throughout its lifetime. Mr. Benson said that, in order for the use to exist in this location and zone,
the City does require that all of the residents need to be age 55 and older. He said that there is some concern
about enforcing that requirement because if the age of residents changes, the building is no longer
permitted. Mr. Benson explained that all zoning codes are enforced on a complaint basis; if a person would
have reason to believe that someone younger than 55 is living there, they would be able to ask the City to
verify that the zoning ordinance is being followed. Mr. Benson said that City staff believes it would be
helpful for the City to have some way of documenting and verifying that the residents are over 55 years.
Staff is recommending a condition that would “require the permittee to provide proof upon request of the
City to show or allow the City to verify the compliance with the age restriction on residents, including but
not limited to, providing to the City the minutes of the annual meeting of the Corporation, of the Board and
minutes of meetings of either that occur besides the annual ones.” Mr. Benson reiterated that the age limit
is an important requirement for the project, and the City needs some assurance that the rule is being
followed.
Board Member Ebel inquired about the underground parking and its access. Mr. Benson indicated that there
are 89 total parking spaces for the project, and 58 of those are in the lowest level of the building. He stated
that the parking runs the entire length of the building and can be accessed at either end. Upon being further
questioned by Ms. Ebel, Mr. Benson explained that Bobcat Drive is a private drive, but is named for
emergency access purposes. He also noted that the City’s Traffic Engineer has reviewed and approved the
site plan.
Board Member Brooks asked for clarification regarding staff’s proposed condition. He is unsure that the
minutes of the Corporation will assist the City in determining the age of the building’s residents. Mr.
Benson said that the age restriction is in the articles of incorporation and the Municipal Code. The fact that
the shareholders live there gives the City some degree of confidence of continued compliance. Mr. Brooks
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stated that oftentimes this kind of association will have a requirement that the president of the board must
file a certificate attesting to the fact that this rule has been complied with. He said that there are two
possible situations: if no one needs to sign anything it will be overlooked, or if someone has to sign a
certificate that says it’s being followed, they will police it. Mr. Benson said that he does not have any basis
on the best approach, but he thinks that the City does need help in policing it. Mr. Brooks said that he
knows of a number of situations where school age children and grandchildren are living in these kinds of
units, and he does not doubt that something similar could happen here, especially in a college town. He
stated that, as a Board member, he would be remiss in not creating a system that requires some form of self
enforcement.
Planning and Housing Director Kelly Diekmann asked if Mr. Brooks was suggesting an annual review of
the Special Use Permit. Mr. Brooks said that the age restriction is something that shows up on the
property’s abstract along with the corporate documents. Often the corporate board of directors and/or
president is required to sign a certificate that is filed with the County Recorder. He suggested that the ZBA
require something similar in this case; it would be official and become public record. With that kind of
system, people would be more apt to follow the rule. He is hesitant to vote on anything less than that, as
he does not think that the City will get much policing. Mr. Brooks noted that the applicant will be out of
the picture at some point down the road. He is not swayed by assurances in this kind of situation.
Options for the reporting requirement were discussed by the Board. It was noted that staff and Board
members were unaware of an instance when the ZBA has required documents to be filed with the County.
Upon being questioned by Board Member Erbes, Mr. Benson explained that the age requirement is
enforced by the City, and anyone is eligible to file a complaint. He said that the Code is set up so that a
facility of this size and scale is compatible with its surroundings and the impacts can be mitigated as long
as the residents are 55 and older. The people around it have an interest in making sure that the zoning is
followed. Director Diekmann said that this type of facility is self-policing to a great degree. It is not
intended to be a burden on the City staff to review and manage its occupancy. He said that, while there is
always a chance of compliance issues, it seems to be more limited in this situation because of the
arrangement of ownership that is proposed by the applicant. The occupants will look after their own
interests as owners of the cooperative.
Shane Wright, 1400 Corporate Center Curve, Eagan, Minnesota, was sworn in and testified under oath. He
stated that he was representing Real Estate Equities Development (REED), Village Cooperative, and the
pre-qualified buyers who wish to move in to the development. He said that REED is a multi-family
residential developer that has been involved with co-op housing for about 11 years. The proposal in Ames
is a limited equity owner-occupied market rate senior housing cooperative. Mr. Wright clarified that the
project involves a HUD-insured mortgage, but it is not financed by HUD. He explained that HUD insures,
underwrites, and puts restrictive covenants (fair housing, architectural design requirements, financing
review) on the project, but it does not provide any financing. Mr. Wright indicated that the co-op is
restricted by the bylaws and articles of incorporation to be a 55 and older facility. He said that there would
never be a circumstance when that would change. He noted, however, that there could be a situation where
a resident is 75 and the spouse is 45, and that would be allowable under the HUD guidelines. Mr. Wright
emphasized that the age restriction is with the project forever. He said that it is not self-policing - it is
actually a restriction. Anyone who wants to move in has to be approved by the co-op, and in order to be
approved they have to age-qualify. He said that he is not aware of any co-op anywhere that has to do a
reporting for the 55-plus requirement, because it is already internally covered in their documents. He
requested that the Board not impose a reporting requirement.
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With regard to the underground parking, Mr. Wright clarified that the driveway underneath is one way in
and one way out, with an entrance on the southeast and exit on the northwest.
Kurt Friedrich, Friedrich Land Development,100 6 Street, Ames, Iowa, was sworn in and testified underth
oath. He stated that he is the property owner, and that they have worked diligently with City staff, Mr.
Wright and his company, and with neighbors to go through the process of approving the Master Plan, Major
Site Development Plan, and Preliminary Plat. He said that the addition of the Village Housing Cooperative
in the Ringgenberg Park Subdivision will provide diversity and enhance the neighborhood.
Chair Taylor asked how the issue of spouses under age 55 fits with the provision in the zoning code.
Planner Benson indicated that the issue had not come up or been discussed. Mr. Wright advised that this
project is between 85 and 90 percent pre-sold, and the average age of the buyers is 77, the youngest being
69. He said that no one under the age of 55 has expressed interest in the project, but he wanted to point out
that a spouse under 55 was allowable under the HUD guidelines as it could potentially create an issue if
someone is 90 and their spouse is 54. Mr. Taylor asked if it is a conflict that the bylaws limit all tenants
to 55 and over but the HUD guidelines make an allowance. Mr. Wright stated that he could not quote the
HUD statute, but the guidelines are under Section 213 of the Housing Act, which specifically states 55 and
over. He is unsure how the spouse provision is worded. Board Member Brooks said that Federal law takes
precedence, and if HUD has a rule it would need to be followed.
Mr. Taylor noted that the articles of incorporation state “to provide housing on a cooperative basis to
persons 55 years of age or older in the manner and for the purpose provided in Section 213,” so the
language on its face is consistent with the Municipal Code. Mr. Diekmann said that because HUD
acknowledges that there could be a difference in age between spouses, the City’s zoning ordinance is more
restrictive in its definition of senior housing. He does not think that the City is in conflict with Federal law
or that Federal law would preempt the City’s zoning code; it is a program run by a Federal agency versus
the City’s standard. Mr. Diekmann said that the subject of spouses under age 55 had simply not come up
in discussion prior to the meeting.
Assistant City Attorney Mark Lambert said that he has reviewed the HUD rules, and HUD requires that the
facility conduct a survey of the occupants to determine that they are over age 55. The survey has to be done
every two years, and it must be made available to anyone who asks for it. Mr. Brooks suggested that the
survey could be delivered to the City every two years, which would help provide some assurances. Board
Member Ebel disagreed; she does not think it seems necessary since it is already happening at the HUD
level. Mr. Lambert clarified that the survey is not reported to HUD, it simply has to be made available upon
request. Chair Taylor suggested that the survey requirement is in the articles of incorporation by reference
to the HUD regulations. Mr. Wright said that the requirement likely falls under the HUD regulatory
agreement, which is an instrument that is recorded with the mortgage.
After noting that the City’s zoning ordinance specifically places a threshold of 55 years old, which is more
restrictive than HUD, Mr. Taylor asked if City staff was comfortable going forward with this project still
being defined as a senior living facility. Director Diekmann said that the “senior living facility” label is
important; the project does not fit in the zone without that definition. While the City’s ordinance is more
restrictive, he does not think that it is in conflict with Federal law. He said that the Board can move forward
with the local definition, which should not preclude the project from getting HUD financing; both
components can work together. Mr. Diekmann stated that it may be an issue down the road if someone tries
to buy in thinking they meet HUD regulations but do not meet the local Code requirement, which could
be a difficult enforcement issue. He said that it may be helpful if the cooperative makes potential buyers
aware of the local definition. Mr. Diekmann suggested that it may be more important to make buyers aware
of the applicable compliance terms than to require an annual reporting from the cooperative.
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Moved by Brooks to adopt ORDER NO. 13-13, thereby approving the proposed construction of an
independent senior living facility at 2525 Bobcat Drive, with the condition that City staff be placed in
possession of the HUD survey every two years.
Motion failed for lack of a second.
Moved by Ebel, seconded by Erbes, to adopt ORDER NO. 13-13, thereby approving the request for a
Special Use Permit to allow the proposed construction of an independent senior living facility at 2525
Bobcat Drive, with no additional conditions.
Vote on Motion: 3-1. Voting Aye: Ebel, Taylor, Erbes. Voting Nay: Brooks. Motion declared approved.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: Moved by Erbes to adjourn the meeting at 8:25 p.m.
_____________________________________________________________________
Emily Burton, Recording Secretary Gary Taylor, Chair