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HomeMy WebLinkAboutA007 - Letter from Goodwin Law Office, Ames Rental Property Owners Association, concerns about proposed ordinance GOODWIN LAW OFFICE, P. C. 2 4 'J'98 ATTORNEY AT LAW 311 W.LINCOLN WAY, SUITE 1 61T1` AMES,IOWA 50010-3317 �__,,._,. CITY OF A dEL,401NA ROBERT W. GOODWIN TELEPHONE 515-232-7390 FAX 515-232-7396 July 23, 1998 Ames City Council City Hall 515 Clark Avenue Ames, Iowa 50010 Re: Proposed New Zoning Ordinance Ladies and Gentlemen: I am writing on behalf of the Ames Rental Property Owners Association (herein after referred to as the Association) who have reviewed the proposed new Zoning Ordinance. The Association does appreciate the cooperation with members of the City Council and City Staff in reviewing the proposed zoning ordinance with the Association and providing copies of the proposed new zoning ordinance and other information to its members. The Association agrees whole-heartedly that predictability and clarity of understanding of the new proposed zoning ordinance is of vital importance. The Association found the following areas of concern. The following order of items listed does not intend to indicate that one concern is any less important than another. Zoning Districts Impacts It is difficult to actually respond to the use of R-M (Residential Medium Density) and R- H (Residential High Density) without knowing where each such zone is intended to be located. It is not assumed that current R-3 automatically becomes R-M, nor that R-4 automatically becomes R-H. Therefore, the Association strongly suggests that the intended R-M and R-H zones be identified, and that an economic survey be conducted to determine the impact of the new proposed zoning ordinance. The Association is willing to pay 10% (not to exceed $2,000) of the costs of such an economic survey. An informal survey of the members of the Association indicates that the more recently constructed rental units in R-3 zones have approximately 30% landscaped areas. The Ames City Council July 23, 1998 Page 2 Association believes that the proposed 40% minimum landscaped area in R-M zones, and the proposed 30% minimum landscaped area in R-H zones are too burdensome. The Association proposes that the new zoning code provide for a minimum 25% landscaped area in R-M zones, with an option to have a minimum of 20% landscaped area if there is a greater intensity of landscaping. The Association proposes that the new zoning code provide for a minimum 20% landscaped area in R-H zones, with an option to have a minimum of 15% landscaped area if there is a greater intensity of landscaping. Parking The Association's experience is that the vast majority of cars parked off-street at their buildings are compact cars. The proposed new zoning ordinance Section 4.7 (I) provides that no more than 20% of the off-street parking spaces shall be designated for small cars. The Association proposes that 75% of the off-street parking be designated for small cars. The Association believes that tax abatement incentive should be used as a tool to provide additional parking in high density areas. Therefore, the Association suggests that the City use tax abatement for projects that provide underground parking and parking ramps. The Association further suggests that the side lot setback be 7 feet instead of the proposed 10 foot setback in Section 4.7 (G)(2). The Association further suggests that there be a 2 foot overhang allowed for the vehicles on the side yard setback when measuring the dimension of a parking space. The Association believes that the proper ratio for parking space to bedroom in the campus area should be 1.0 space per bedroom for units of 2 bedrooms or more. This is in line with actual experiences of usage in that area. Also, the Association suggests that provision be made to allow parking on another separate lot that is not necessarily adjoining the lot containing the rental unit, as long as the lot is no more than 500 feet from the main entrance of the structure. Ames City Council July 23, 1998 Page 3 Restoration Of Damaged Nonconforming Structure The Association suggests that in determining whether there is a 70% destruction of a nonconforming structure, that the determination be made on the percentage damage to all structures on the lot, and not be made on the basis of damage to one particular damaged structure on the lot. This is important when there are a number of apartment buildings on one lot and one building is damaged. Other Concerns The proposed new zoning ordinance does not explain how 4 or 5 unrelated people can live in one dwelling unit. The new zoning ordinance would be more "user friendly" if it eithermade specific reference to Section 13.36 of the Housing, Rental Chapter, or restated those requirements in the proposed new Zoning Chapter. Article 16 of the proposed new zoning ordinance contains provision for the City enforcing violation against the property owners. However, Article 16 of the proposed new zoning ordinance does not provide a procedure where the property owner can appeal or dispute the City's alleged, but perhaps incorrect, charge of a violation. The Zoning Code or Housing Code could require that lease agreements specify the number of persons who can legally occupy the rental unit. People violating the occupancy limitation could be charged with a municipal infraction (no intent required as with illegal parking), and there could be a reduced fine if paid in a short period of time. Sincerely, GOODWIN LAW OFFICE, P.C. Robert W. Goodwin Attorney at Law RWG:jkl