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Home My WebLink AboutA005 - Council Action Form dated May 28, 1996 ITEM #: I I IV DATE: 05/28/96 COUNCIL ACTION FORM SUBJECT: PUBLIC MEETING TO CONSIDER AN AMENDMENT TO THE MUNICIPAL CODE FOR THE PURPOSE OF ADDING TO THE ZONING REGULATIONS A DEMOLITION OVERLAY DISTRICT AND TO CONSIDER AN AMENDMENT TO THE OFFICIAL ZONING MAP TO APPLY A DEMOLITION OVERLAY DISTRICT TO THE AREA GENERALLY BOUNDED ON THE WEST BY GRAND AVENUE, ON THE NORTH BY ELEVENTH STREET BETWEEN GRAND AVENUE AND KELLOGG AVENUE AND TENTH STREET BETWEEN KELLOGG AVENUE AND DUFF AVENUE, ON THE EAST BY THE REAR LOT LINES OF PROPERTIES ON THE EAST SIDE OF DUFF AVENUE BETWEEN TENTH AND NINTH STREET AND BY DUFF AVENUE BETWEEN NINTH STREET AND SEVENTH STREET, AND ON THE SOUTH BY SEVENTH STREET BETWEEN DUFF AVENUE AND CLARK AVENUE AND BY SIXTH STREET BETWEEN CLARK AVENUE AND GRAND AVENUE. ACTION FORM SUMMARY: This is a request of City Council to consider an amendment to the Municipal Code to add a demolition moratorium overlay district to the Zoning regulations and to apply the overlay district to the "Central Ames Area" that was previously considered for rezoning in December of 1994. Approval of the ordinance to add the demolition moratorium overlay district to the Municipal Code is recommended along with a recommendation to approve the ordinance to amend the Official Zoning Map to apply the overlay district to the "Central Ames Area". BACKGROUND: On May 14, 1996, the City Council discussed a request from one of the Council members to initiate an immediate change to the development regulations that apply the "Central Ames Area". (See the attached Memo from Brian O'Connell to the Mayor and City Council, which discusses issues involved.) The City Council discussion related to the removal of single family dwellings and the development of multiple family dwellings in this area of the community, where the new Land Use Policy Plan documents that the appropriate land use designation is SINGLE FAMILY CONSERVATION OVERLAY ZONE. The City Council considered three options: (1) Proceed immediately with rezoning of the area as proposed in December of 1994; (2) Adopt an ordinance to prevent further demolition of existing structures; and (3) Proceed immediately with the adoption of a Single Family Overlay Zone. After discussion the City Council decided to consider an amendment to the Zoning Ordinance to provide for a temporary moratorium on demolition and to apply the demolition moratorium as an overlay district to the area in central Ames that had been consideration for rezoning in 1994. The proposed overlay district is bounded on the west by Grand Avenue, on the north by Eleventh Street between Grand Avenue and Kellogg Avenue and by Tenth Street between Kellogg Avenue and Duff Avenue, on the east by the rear lot lines of properties on the east side of Duff Avenue between Tenth and Ninth Street and by Duff Avenue between Ninth Street and Seventh Street, and on the south by Seventh Street between Duff Avenue and Clark Avenue and by Sixth Street between Clark Avenue and Grand Avenue. (See the attached map of the Demolition Overlay District.) ANALYSIS: Attached to this Action Form is the draft of the proposed amendment to the Zoning Ordinance. The intent of this amendment to the Zoning Ordinance is provide for a temporary means to preserve principal structures in the "Central Ames Area" in order to conserve the existing residential character of the area. This temporary moratorium will allow time for the preparation and adoption of a Single Family Conservation Overlay District regulation that would then be applied to this area. Demolition or removal of a principal building or any part of a principal building would be prohibited except if has been found and declared to be a "dangerous building" by the City Building Official. The moratorium would be in effect for no longer than six months from the effective date of the ordinance. This provision could be extended for a second consecutive six month period upon adoption of a map amendment a second time. However, no area would be subject to this provision for more than twelve months. This temporary demolition moratorium ordinance amendment and the amendment to the Official Zoning Map are consistent with the 1988 Land Use Plan, which shows that this area is suitable for low density residential development, and the proposed Land Use Policy Plan, which indicates that this area is predominately single family residential. These actions will serve to conserve the single family character of the area, and allow adequate time for the full development of the Single Family Conservation Overlay Zone. The Planning and Zoning Commission reviewed this request at their meeting of May 23, 1996 and recommended that the City Council adopt an amendment to the Municipal Code to add a demolition moratorium district to the zoning regulations and apply the overlay district to the Central Ames Area. ALTERNATIVES: 1 . The City Council can approve the ordinance to add a demolition moratorium overlay district to the Zoning regulations in the Municipal Code and can approve an ordinance to amend the Official Zoning Map to apply the demolition moratorium overlay district to the "Central Ames Area". 2 r 2. The City Council can deny the ordinance to add a demolition moratorium overlay district to the Zoning regulations in the Municipal Code. and deny the ordinance to amend the Official Zoning Map to apply the demolition moratorium overlay district to the "Central Ames Area". 3. The City Council can postpone action on this matter and refer it back to City staff for additional information. RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council approve both the ordinance to add a demolition moratorium overlay district to the Zoning regulations in the Municipal Code and the ordinance to amend the Official Zoning Map is recommended. This action will serve to conserve the single family character of the area and will provide an adequate amount of time to develop a Single Family Conservation Overlay Zone. Attachment h\bpo\caf\central.528 3 3. The City Council can modify the proposed ordinances Nand then approve the Ordinances as modified. 4. The Planning and Zoning Commission can postpone action on this matter and refer it back to City staff for additional information. (Action by the Commission must be taken within 30 days.) RECOMMENDED ACTION: Approval of both the ordinance to add a demolition moratorium overlay district to the Zoning regulations in the Municipal Code and the ordinance to amend the Official Zoning Map is recommended. This action will serve to conserve the single family character of the area and will provide an adequate amount of time to develop a Single Family Conservation Overlay Zone. 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