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Home My WebLink AboutA001 - Council Action Form dated June 24, 2003 ITEM # Iq DATE June, 24, 2003 COUNCIL ACTION FORM SUBJECT: TEXT AMENDMENT TO THE ZONING ORDINANCE CREATING A NEW OVERLAY ZONING DISTRICT - "O-SLF" - SOUTH LINCOLN FRINGE OVERLAY DISTRICT. BACKGROUND: The South Lincoln Sub-Area Plan describes city policies for the development of this neighborhood and how this area fits with the community's overall direction for land use and development. The community's vision is a neighborhood with the vitality of integrated land uses and lively spaces that encourage social activity and strong connections to the rest of the community. The neighborhood extends east to Duff Avenue. A portion of the neighborhood west of Sherman Avenue has been zoned for a mixture of commercial and residential uses. (See Attachment A) In the block-wide area between Sherman Avenue and Duff Avenue, the current development character, traffic, visibility, and access along Duff Avenue strongly influence land uses, size of buildings and parking lots, building placement and orientation, and other redevelopment characteristics. Therefore, it is the City's development policy that periodic redevelopment under its current Highway-Oriented Commercial zoning classification is expected and appropriate. With these two zoning districts facing each other across Sherman Avenue, it is possible that development may be quite dissimilar, creating conflicts that may reduce the development potential of either area. In January 2003, the City Council considered an overlay zoning district for a portion of the property on the east side of Sherman Avenue. This property included design standards such that buildings would have an appearance from Sherman Avenue that would be similar to future buildings on the west side of Sherman Avenue. The Council initiated a zoning ordinance amendment to apply to this area and directed staff to review these standards with members of the development community for comment on whether they would inhibit development of the area. All attendees at a meeting of April 15, 2003 agreed that the proposed standards would make commercial development less likely. They also agreed that commercial development between Sherman Avenue and the alley to the east is likely to be oriented toward Sherman Avenue. (See Attachment B) Staff is recommending a new zoning proposal without extensive design standards that simply requires buildings along Sherman Avenue to be oriented toward Sherman Avenue. AMENDMENT TO ZONING ORDINANCE: A copy of the proposed text changes to the Zoning Ordinance is attached to this Action Form. Generally, this ordinance includes the following elements: • The purpose of the ordinance is that buildings along Sherman Avenue have their fronts facing Sherman Avenue. • The applicability of the ordinance is specific to the area between Sherman Avenue and the alley one-half block west and between South 3rd Street and the alley one-half block south of Lincoln Way. • The development standards only require that the front yard and the front of the building be on Sherman Avenue. As stated in Section 29.11 (3) of the current Zoning Ordinance, since this overlay zone does not address permitted uses, they remain as established by the base zone, "HOC" (Highway-Oriented Commercial). Current Zoning Ordinance Section 29.804 describes these permitted uses. PROCESS FOR AMENDING ZONING TEXT AND MAP: The City Council has initiated an amendment to the text of the Zoning Ordinance and a rezoning of the subject property. Under this Council-initiated rezoning process, the review and recommendation by the Planning and Zoning Commission of November 6, 2002 constitutes its required report (Section 29.1506 (1)). In January 2003, the City Council directed staff to re-examine the text amendment, which has resulted in the text amendment now being proposed. ALTERNATIVES: 1 . The City Council can approve the proposed text amendment to the Zoning Ordinance creating the overlay zoning district "O-SLF" South Lincoln Fringe Overlay District. 2. The City Council can deny approval of the proposed text amendment to the Zoning Ordinance creating the overlay zoning district "O-SLF" South Lincoln Fringe Overlay District. 3. The City Council can approve the proposed text amendment to the Zoning Ordinance creating the overlay zoning district "O-SLF" South Lincoln Fringe Overlay District, with modification. 4. The City Council can postpone action on the proposed text amendment to the Zoning Ordinance and refer it back to City staff for additional information. MANAGER'S RECOMMENDED ACTION: One of the four goals established by the Sub-Area Plan for the South Lincoln Neighborhood is to "provide clear, simple, and effective strategies for implementation." -2- Staff believes that the proposed text amendment to the Zoning Ordinance, the "O-SLF" South Lincoln Fringe Overlay District, meets this goal. Therefore, it is recommended that Alternative #1 be adopted. This is a recommendation that the City Council approve the overlay zoning district "O-SLF" South Lincoln Fringe Overlay District. By continuing the identity and function of Sherman Avenue as a public street toward which buildings are oriented, the overlay zoning district will be an important step toward accomplishing the City's goals for the South Lincoln neighborhood. Allowing previously- permitted uses to continue on the east side of Sherman Avenue and avoiding new design standards will provide opportunities for further commercial redevelopment in the vicinity of Duff Avenue. COUNCIL ACTION: Attachment -3- ATTACHMENT A HM a Er 7i�sj DC SC S-GA z F� �T_ ___� ®H� 8 / OCTT7FP I / I / 1 / I souWGIR.0111l eJlUse i t is HOCI EIEK / HOC I / I S-GA So th I S 3RD 1 Lin of S 4TH ST Overla I I I I RH I I / HOC / A W — w�- Squawreel r Worle r kz Zoning Changes New Zoning Districts _ 1 South Lincoln Sub-Area Boundary so Overlay Special N W E Map prepared October 28,2002 by the Department of Planning and Housing Attachment B SUMMARY OF COMMENTS FROM DEVELOPMENT COMMUNITY Meeting of April 15, 2003 Attending: Jeff Fennimore, Erb Hunziker, Kurt Mackey, Grant Quam, Dick Roseland (City Staff: Brian O'Connell, Mark Reinig, Jeff Benson) On development in the South Lincoln Fringe Overlay District • In the area east of Sherman Avenue, all said they would expect the alley to remain and expect commercial development of either small scale or any scale, oriented toward Sherman Avenue. Several believed that parking would be in the back by the alley. • Such development would either have no effect on development across Sherman Avenue to the west or make development there more likely. • Ideally, land uses across the street from each other should be similar, with use changes at either one of the alleys. As the area east of Sherman Avenue develops as described above, the parcels across the street to the west will develop commercially, although office use is more likely than retail use. Based on the description of the mixed use zoning district heard at this meeting, it would allow such commercial use. • Design standards as proposed would make development on either side of the street less likely, especially provisions on the building massing, roof type and materials. The standards appear to be an attempt to make the building face along Sherman Avenue look like the front of a building. Although this will probably happen naturally anyway, the commercial building would not have residential character that the standards appear to require. Therefore, the standards would make commercial development less likely. • Design standards as proposed appear to be intended to solve use conflicts. Use conflicts with commercial development typically have to do with traffic, access, time of day of use and light. Having similar uses across the street from each other is the way to reduce these conflicts. • The overlay zoning district makes the half block east of Sherman Avenue a buffer areas between uses. An alternative to consider is to have similar uses across Sherman Avenue and make the half block west of Sherman Avenue the buffer zone. On potential criteria for tax abatement under the Urban Revitalization Program • A potential project has to make sense economically, regardless of this program, if it is going to happen. Land cost is the most important element of that economic question. Attachment B • Whether the incentives offered are enough to stimulate the elements that the City is looking for will depend mostly on the details. How big does the public space or recreation area have to be? What improvements will be required? An area of less than 5000 square feet integrated into a development project will be much more likely than an area that requires more than half of one of the typical lots (60 x 180)