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Home My WebLink AboutA005 - cover letter dated June 21, 1994 � a AMES CITY OF AMES CITY ATTORNEYS OFFICE,515 CLARK AVE., P.O. BOX811 AMES IOWA 50010 Community-University-Opportunity PHONE 515-239-5146 A FAX 515-239-5325 June 21, 1994 The Honorable Larry R. Curtis, Mayor, and Members of the City Council of the City of Ames, Iowa Re: Hospital Medical Zoning Regulation Changes Dear Mayor Curtis and Council Members: The City staff has completed it's review of ordinances to revise the regulations in the H-M Zoning District. The regulatory changes pertain to four matters: (1) off-street parking (2) minimum height of buildings (3) screening and buffering (4) allowable uses of property It is suggested that the Council set its July 12th meeting as the date of a hearing for enactment of an ordinance on each of the four issues. An ordinance for each of the first three is attached. With regard to the fourth matter, staff now tenders a draft ordinance for each of three options for Council's further direction. These options are: A. Long list of permitted uses with non-conforming pre-existing uses subject to restrictions on expansion and rebuilding. B. Long list with no restrictions on expansion or rebuilding of non-conforming pre- existing uses. C. Short list, with pre-existing non-conforming uses exempted from restrictions on rebuilding destroyed structures. The staff would also like to have a July hearing set on the revision of use regulations, but limited, by Council motion at the June 28th meeting, to a single proposal. Yours truly, John R. Klau City Attorney JRK:gmw Enclosures cc: Brian O'Connell 1 ORDINANCE NO. AN ORDINANCE TO AMEND THE ZONING REGULATIONS OF THE CITY OF AMES, IOWA, BY REPEALING SUBSECTION 29.21(3) OF THE MUNIC- IPAL CODE AND RE-ENACTING SAID SUBSECTION REVISED FOR THE PURPOSE OF CHANGING THE OFF-STREET PARKING REQUIREMENTS IN THE H-M HOSPITAL-MEDICAL DISTRICT; REPEALING ALL ORDI- NANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; ESTAB- LISHING A PENALTY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amend- ed by repealing subsection 29.21(3) and re-enacting the same changed to state as follows: 11(3) Off-Street Parking Requirements. Two off-street parking spaces shall be provided for each dwelling unit with respect to all single family, two-family, and multi-family dwellings. All other uses shall provide off-street parking spaces in the quantities specified by Section 29.40; except that: (a) for medical and dental offices for which there is a written agreement for shared parking between the owners of adjacent properties, in accordance with Section 29.42, the quantity of off-street parking spaces required shall be five spaces for each one thousand (1,000) square feet of floor area. (b) for medical and dental offices for which there is not a writ- ten agreement for shared parking between the owners of adjacent properties the quantity of off-street parking spaces required shall be seven spaces for each one thousand (1,000) square feet of floor area. (c) for medical and dental offices on lots that include 50,000 or more square feet the quantity of off-street parking spaces provided shall be five parking spaces for each one thousand (1,000) square feet of floor area." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of 1994. Jill Ripperger, Acting City Clerk Larry R. Curtis, Mayor 0295 2 2 ORDINANCE NO. AN ORDINANCE TO AMEND THE ZONING REGULATIONS OF THE CITY OF AMES, IOWA, BY REPEALING SUBSECTION 29.21(2)(f) OF THE AMES MUNICIPAL CODE AND RE-ENACTING THAT SUBSECTION RE- VISED TO ESTABLISH A MINIMUM HEIGHT FOR NEW BUILDINGS CON- STRUCTED IN THE H-M HOSPITAL MEDICAL ZONING DISTRICT; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A PENALTY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amend- ed by repealing subsection 29.21(2)(f) of the Ames Municipal Code and re-enact- ing the same to read as follows: "(f) Height. The maximum and minimum heights of buildings shall be as follows: (i) The maximum allowable height of buildings used for residential purposes shall be four stories or fifty feet. Buildings used for non-residential purposes shall not exceed nine stories or one hundred feet. (ii) The minimum height for all principal buildings, regardless of use, shall be two stories above ground. (iii) Single story buildings constructed prior to the effective date of subsection (ii) shall be treated as a conforming structure not subject to subsection 29.11(3) . (iv) The provision of subsection 29.11(3)(a) notwithstanding, whenever a building existing prior to the effective date of subsection (ii) is enlarged to the extent of fifty percent or more in floor area through a single expansion or as the cumu- lative effect of successive expansions, said building addition shall conform to the requirement for a minimum of two (2) stories above ground." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of 1994. Jill Ripperger, Acting City Clerk Larry R. Curtis, Mayor 0296 2 3 ORDINANCE NO. AN ORDINANCE TO AMEND THE ZONING REGULATIONS OF THE CITY OF AMES, IOWA, BY ADDING A NEW SUBSECTION TO SECTION 29.21 OF THE AMES MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING A SCREENING AND BUFFERING REQUIREMENTS WITH RESPECT TO THE BOUNDARIES OF THE H-M HOSPITAL MEDICAL DISTRICT; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A PENALTY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amend- ed to add a new subsection 29.21(5) as follows: "(5) Screening and Buffering. Requirements and standards for land- scape buffers and screening, for the purpose of providing a tran- sition between Hospital Medical District facilities and adjacent residential areas, are established as follows: (a) Where the boundary of the H-M District is marked by a street, a buffer area not less than fifteen feet in width shall be maintained abutting the H-M side of the street right of way. No structures shall be permitted in said buffer area except for a wood, brick or stone wall that conforms to the requirements of Sections 29.27 and 29.28. The said buffer area shall be landscaped, when it lies between a parking lot and the street right of way, by planting and maintaining not less than four units of plant material per fifty linear feet. A unit of plant material shall consist of either: one deciduous overstory tree; or, two deciduous understory trees; or, two evergreen trees; or, five evergreen or deciduous shrubs. The plantings shall not restrict traffic safety sight distances required by Section 29.27. A mixture and combination of deciduous overstory trees, deciduous understory trees, decid- uous shrubs plus evergreen trees and shrubs shall be utilized in meeting the landscaping requirements. (b) When the H-M boundary is marked by a lot line, a buffer area not less than eight feet in width shall be maintained abutting the H-M side of the lot line. There shall be con- structed and maintained in said buffer area, for its entire length, a wood, brick or stone wall or fence not more than five feet in height and finished on both sides. The said buffer area shall be landscaped, when it lies between a lot line and a parking lot, by planting and maintaining not less than four units of plant material per fifty linear feet. A unit of plant material shall consist of either: one deciduous overstory tree; or, two deciduous understory trees; or, two evergreen trees; or, five evergreen or deciduous shrubs. A combination of evergreen trees and deciduous understory trees with deciduous overstory trees when they will not inter- fere with utilities, shall be utilized in meeting the land- scaping requirements." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of 1994. Jill Ripperger, Acting City Clerk Larry R. Curtis, Mayor 0297 2 B ORDINANCE NO. AN ORDINANCE TO AMEND THE ZONING REGULATIONS OF THE CITY OF AMES, IOWA, BY REPEALING SUBSECTION 29.21(1) OF THE AMES MUNICIPAL CODE AND RE-ENACTING SAID SUBSECTION REVISED FOR THE PURPOSE OF CHANGING THE USE RESTRICTIONS IN THE H-M HOSPITAL MEDICAL ZONING DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A PENALTY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amend- ed by repealing Subsection 29.21(1) and re-enacting the same changed to state as follows: : "(1) Permitted Uses. A building or premises shall be used only for the following purposes: Hospitals, as defined by Section 135B.1(3) Code of Iowa, 1993 Offices and Clinic of Doctors of Medicine and Doctors of Osteopathic Medicine Medical Laboratories Pharmacies (limited to the sale of prescription and non-prescrip tion drugs) Dental Surgeons Outpatient Short Stay Surgical Care Clinics (non-resident) Offices and Clinics of Health Practitioners Kidney Dialysis Centers Specialty Outpatient Facilities Health and Allied Services Offices and Clinics of Dentists Offices and Clinics of Optometrists Opticians Other similar medical retail uses, or a commercial multi-level parking ramp, may be allowed pursuant to a special use permit obtained in accordance with the policy and procedures of Section 29.45. Any and all other uses are prohibited, but if such prohibited use exist- ed prior to the effective date of these use restrictions it shall be permitted to continue, and shall not be subject to the limitations of Section 29.11." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of 1994. Jill Ripperger, Acting City Clerk Larry R. Curtis, Mayor 0301 2