September 5, 2017

From: Carissa Harvey

To: Plan & Zoning Commission

Subject: Request for Rezoning from Single-Family (6RS) to Single-Family Zero Lot Line (6RS-ZL) and update to the City's Future Land Use Plan from Single-Family Detached to Single-Family Attached

ACTION: For vote on September 12, 2017.

REQUEST:

Request to rezone property from Single-Family Residential (6RS) to Single-Family Residential Zero Lot Line (6RS-ZL) to allow for the construction of bi-attached homes. In order to ensure clarity in the City's Future Land Use Plan, this request also includes a proposed update to the Future Land Use Plan from Single-Family Detached to Single-Family Attached.

APPLICANT:

Windstone Circle, LLC

LOCATION:

In the proposed Williams Bend Subdivision

EXISTING ZONING:

Single-Family Residential (6RS)

LAND USE PLAN:

Single-Family Detached

Brief History

Windstone Circle, LLC has submitted a request to rezone property along Williams Drive in order to allow for the construction of bi-attached housing (single-family attached housing). See enclosed map of proposed area. If approved, 6RS-ZL will allow for a residential bi-attached (single-family attached/duplex) structure to be constructed on one property line of each lot, with setbacks required on all other sides. This zoning designation shall have an independently approved subdivision for zero lot line usage; therefore, the applicant will submit a Preliminary Plat to subdivide this and adjacent property for the construction of both single-family detached and single-family attached housing, which the Plan and Zoning Commission and City Council will consider in a separate/later vote.

If approved, prior to constructing the bi-attached units, per Section 17.08.01.Q. of the City's Zoning Ordinance, the applicant will be required to provide covenant and deed restrictions that provide for access for maintenance and repair, any necessary easements for encroachments/party walls, restrictions to limit changes of color, material and design to ensure compatibility, and a provision that the City of Fort Dodge is a third party to any changes to said covenants and deed restrictions.

Analysis of Issue

When considering this request the Plan and Zoning Commission should take into account the following:

Comprehensive Plan:

A Comprehensive Plan serves as as a long-range plan for community improvement, development, and growth. The Iowa Code recommends all community's adopt a Comprehensive Plan, which should "include information on the amount, type, intensity, and density of existing land use, trends in the market price, and plans for future land use throughout the municipality". Said plans serve as policy guides, and are intended to be flexible and adaptive over time, setting forth the basic framework to guide activities and manage change. The City's Comprehensive Plan - Re-Envision 2030 - identifies community goals and objectives that promote an improved quality of life. The Plan lays out a future land use plan for the entire community, serving as a guide for future uses and rezonings:

Re-Envision 2030 Goals and Objectives:

The Fourth Goal of Re-Envision 2030, is to "create new new neighborhoods that reflect the character and identity of Fort Dodge and provide a variety of housing options that appeal to different demographics, socioeconomics, and consumer preferences". Further, Objective 1 identifies the need to "support future development that provides a variety of housing types". This can be done by providing a variety of lot sizes, housing types, and architectural styles. The Objective expands on additional considerations including market trends and neighborhood context.

Re-Envision 2030 Future Land Use Plan:

The City's Future Land Use Plan identifies the proposed area as Single-Family Detached. To ensure consistency between the Plans' goals/objectives and the future land use plan, each proposed land use category is described. Single-Family Detached "includes detached, single-unit residential structures. This land use should remain the predominant residential land use in Fort Dodge; however, the density of single-family detached neighborhoods and parcels can vary. In more dense neighborhoods, single family detached areas may also include scattered duplexes, townhomes, or small multi-family buildings that are generally compatible with the character of the surrounding neighborhood".

The request is to rezone the property along Williams Drive from Single-Family (6RS) to Single Family Zero Lot Line (6RS-ZL), and leave the area to the north and south Single Family (6RS). The City's Comprehensive Plan supports this type of development as it will provide a variety of housing types, and will result in a development that includes a pocket of duplexes (bi-attached homes), amongst single-family detached homes. While

a majority of the neighborhood to the north and south consists of single-family homes, approximately 500 feet to the east are multiple-family zoned properties, with commercially zoned properties just beyond. If you consider this request, coupled with Case #2107.17 - Request from Single-Family (6RS) to Multiple-Family (2RM), it appears the development is meeting goals and objectives of the City's Comprehensive Plan by establishing a variety of housing types that are generally compatible with the character of the surrounding neighborhood.

In previous discussions of a similar rezoning along Williams Drive the public asked if the development meets the goals of the future land use designation as Single-Family Detached, why propose a change the future land use plan? This is to ensure clarity and provide an opportunity for additional input. While the Single-Family Detached designation supports a variety of housing types, updating the future land use map to Single-Family Attached ensures the map is up-to-date and provides an additional opportunity for public input.

Spot Zoning:

According to Iowa State University Extension and Outreach's blog "The Midwest Planning Bluz", to determine whether illegal spot zoning has occurred the courts consider whether the rezoning takes into account the following:

1. the surrounding property's characteristics; 2. the community's comprehensive plan; and 3. the protection and preservation of public health, justice, morals, order, safety and

security, and welfare (police power).

It does not appear this proposed rezoning constitutes spot zoning, as the land proposed for rezoning is part of a larger development situated adjacent to multiple-family zoned property (and located approximately 500' to the east of this proposed rezoning). The proposed rezoning also takes into account the City's Comprehensive Plan, which includes goals and objectives to improve the quality of life in Fort Dodge (outlined above). Development of the Plan included a significant amount of public input and the Plan was adopted by the Fort Dodge City Council after a public hearing was held.

Public Input:

Per the City's Zoning Ordinance letters were sent to property owners within 200' of the proposed rezoning. There has been no response received from the public on this specific request to date.

Staff Conclusions / Recommendations

Staff recommends approval of the proposed rezoning from Single-Family Residential (6RS) to Single-Family Zero Lot Line (6RS-ZL) and proposed land use change from Single-Family Detached to Single-Family Attached, under the condition that a subdivision of applicable lands is approved by the City Council.

Alternatives

1) Approve the request;

2) Approve the request with conditions;

3) Table the request; or

4) Deny the request.

Implementation and Accountability

Prior to constructing the bi-attached units, per Section 17.08.01.Q. of the City's Zoning Ordinance, the applicant will be required to provide covenant and deed restrictions that provide for access for maintenance and repair, any necessary easements for encroachments/party walls, restrictions to limit changes of color, material and design to ensure compatibility, and a provision that the City of Fort Dodge is a third party to any changes to said covenants and deed restrictions.

Approved By: Department: Status:

Maggie Carlin, Asst Planner BACGEI Approved - 05 Sep 2017

25TH AVE N

20TH AVE N

WILL

IAMS

DR

21ST AVE N

N 14TH ST

N 14TH CT

N 14

TH ST

I

180 0 18090 Feet

The parcel data showin is estimated only and should not be interpreted as an official survey.

Zoning Map

LegendRezoning Area - 6RS to 6RS, ZLLparcel_data_7-20-17CN: Conservation6RS: Residential Single-Family6RS-ZL: Residential SF - ZLL2RM: Residential Multiple-FamilyAC: Arterial CommercialLI: Light Industrial

Area proposed for rezoning -from Single-Family Residential (6RS) toSingle-Family Residential (6RS), Zero Lot Line

20TH AVE N

25TH AVE NWILL

IAMS DR

N 15

TH ST

21ST AVE N

N 14

TH ST

N 14TH CTN

12TH

ST

N 15

TH ST

N 14TH ST

I

225 0 225112.5 Feet

The parcel data showin is estimated only and should not be interpreted as an official survey.

Future Land Use Map

LegendRezoning Area - 6RS to 6RS, ZLLparcel_data_7-20-17

MASTERFUTURELANDUSE2016FLU

CommercialMulti-FamilyParks/OpenPublic/SemiPublicSingle-Family, AttacedSingle-Family Detached

Area proposed for a Future Land Use Map change - from Single-Family Detached to Single-Family Attached

POINT OF BEGINNING

3

5

4

WILLIA

MS

D

RIV

E

21ST AVENUE N

N 14T

H S

TR

EE

T

1

2

S01°27'24"E

302.83'

S88°32'36"W 487.09'

N65°27'49"W 66.13'

L=73.49'

R=958.51'

∆=4°23'35"

CHD=N11°17'55"E

CHD L=73.48'

2

6

2

ZONED: 2RM

ZONED: 2RM

ZONED: RS-6

ZONED: RS-6

ZONED: RS-6

PROPOSED : RS-6ZL

ZONED: 2RM

ZONED: AC

ZONED: AC

ZONING BOUNDARY

ZONED: RS-6

PROPOSED : 2RM

2

ZONED: RS-6

POINT OF COMMENCMENT

S88°32'36"W 92.33'

N80°53'53"W 105.00'

S84°19'45"E 105.00'

L=113.16'

R=958.51'

∆=6°45'52"

CHD=N2°17'19"E

CHD L=113.10'

N01°05'36"W 31.55'

N88°25'27"E 513.90'

L=51.11'

R=853.51'

∆=3°25'52"

CHD=N7°23'11"E

CHD L=51.10'

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20216015\D

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NORTH

1360 NW 121ST. StreetClive, Iowa 50325

515-964-1229fax 515-964-2370

building strong communities.

DRAWING NO.

CHECKED BY

ENGINEER

SHEET NO.

FIELD BOOK NO.

DRAWN BY

REVISIONS

NOTICE:McClure Engineering Company waives any and all

responsibility and liability for problems which arise fromfailure to follow these Plans, Specifications, and the

engineering intent they convey, or for problems which arisefrom failure to obtain and/or follow the engineers guidance

with respect to any errors, omissions, inconsistencies,ambiguities, or conflicts which are alleged.

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C. SMITHC. SMITH

August 30, 2017

20216015-01

Fort Dodge, Iowa

Rezoning ExhibitWilliams Bend

50 1000

GRAPHIC SCALE

200

RZ-01 01

REZONING EXHIBIT - WILLIAMS BEND DEVELOPMENTFORT DODGE, IOWA

PROPERTY OWNERFORT DODGE BETTERMENT FOUNDATION24 NORTH 9TH STREETFORT DODGE, IOWA 50501

APPLICANTWINDSTONE CIRCLE, LLC1926 1ST AVENUE SOUTHFORT DODGE, IA 50501

ZONING CURRENT: RS-6PROPOSED: RS-6ZL

NEIGHBORING OWNER'S TABLE

LEGAL DESCRIPTION

A PARCEL OF LAND IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTEROF SECTION 17, TOWNSHIP 89 NORTH, RANGE 28 WEST OF THE 5TH PRINCIPALMERIDIAN, CITY OF FORT DODGE, WEBSTER COUNTY, IOWA BEING MOREPARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 3 OF THE COUNTYAUDITOR'S PLAT OF THAT PART OF NW QUARTER OF SECTION 17, TOWNSHIP 89NORTH, RANGE 28 WEST, AN OFFICIAL PLAT IN THE CITY OF FORT DODGE,WEBSTER COUNTY, IOWA; THENCE S88°32'36”W, 92.33 FEET TO THE POINT OFBEGINNING; THENCE CONTINUING S88°32'36”W, 487.09 FEET; THENCEN65°27'49”W, 66.13 FEET; THENCE NORTHEASTERLY ALONG A 958.51 FOOTRADIUS CURVE, CONCAVE NORTHWESTERLY 73.49 FEET (CHORD BEARSN11°17'55”E, 73.48 FEET); THENCE N80°53'53”W, 105.00 FEET; THENCENORTHEASTERLY ALONG A 853.51 FOOT RADIUS CURVE, CONCAVENORTHWESTERLY 51.11 FEET (CHORD BEARS N07°23'11”E, 51.10 FEET); THENCES84°19'45”E, 105.00 FEET; THENCE NORTHEASTERLY ALONG A 958.51 FOOTRADIUS CURVE, CONCAVE NORTHWESTERLY 113.16 FEET (CHORD BEARSN02°17'19”E, 113.10 FEET); THENCE N01°05'36”W, 31.55 FEET; THENCEN88°25'27”E, 513.90 FEET;THENCE S01°27'24”E, 302.83 FEET TO THE POINT OFBEGINNING. DESCRIBED AREA CONTAINS 3.76 ACRES MORE OR LESS.