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HomeMy WebLinkAboutA005 - Council Action Form dated September 23, 2003 ITEM # 7 DATE 09/23/03 COUNCIL ACTION FORM SUBJECT: A TEXT AMENDMENT TO THE ZONING ORDINANCE TO ALLOW MODEL HOMES/SALES OFFICES AS A PERMITTED USE WITHIN RESIDENTIAL DISTRICTS. BACKGROUND: In many communities, model homes/sales offices are permitted within residential zoning districts. Staff has investigated how communities regulate model homes/sales offices and has found that model homes/sales offices often times are permitted as a result of a temporary permitting process, model homes/sales offices are permitted as of right, or in some communities model homes/sales offices are not regulated to any great degree and are thus simply allowed. The developers of new residential developments utilize model homes as sales centers, incorporating a small office area within one or more model homes in each development. Currently, the City of Ames'Zoning Ordinance does not permit model homes/sales offices within residential zoning districts. In 1998, the City notified a developer operating a sales office out of a model home that it was not a permitted use. The developer appealed that decision to the Zoning Board of Adjustment who upheld the Zoning Enforcement Officer's interpretation that model homes/sales offices were not allowed in residential districts. The case was ultimately appealed by the developer all the way to the Iowa Supreme Court. The Iowa Supreme Court affirmed that model homes/sales offices were not a permitted use in residential districts within the City of Ames. After the decision of the Iowa Supreme Court affirming the City of Ames' prohibition of model homes/sales offices in residential districts, the Ames Home Builders Association (AHBA) requested that the City Council direct staff to work with the AHBA to explore possibilities to amend the Zoning Ordinance to allow model homes/sales offices within a residential development. At the direction of City Council, staff has met with representatives from the AHBA on several occasions to discuss an ordinance amendment. Staff believes that an agreement between staff and the AHBA has been reached regarding the conditions under which model homes/sales offices will be permitted in residential zoning districts. The details of the proposed changes are outlined below. • Only two (2) model homes/sales offices would be permitted per final plat. No more than four(4) model homes/sales offices would be permitted within the entire area of the preliminary plat. • Model homes/sales offices would be allowed to operate for 18 months from the date of the issuance of the Certificate of Occupancy from the Building Inspections Department. • Hours of operations would be: o Noon to 7:00 p.m. on Monday through Friday. o Noon to 9:00 p.m. on Saturday and Sunday. • A total of three (3) signs not to exceed two (2) feet by three (3) feet in size identifying the builder, realtor, and hours of operation only. No additional signs or flags will be permitted. • No additional lighting than would normally be installed with a residential dwelling unit (i.e. landscaping and decorative) will be permitted. • Normal garage doors are required (no pedestrian doors, no windows other than what is typically found on garage doors, etc.). At their meeting on March 4, 2003, the City Council reviewed the concept outlined in this report to allow model homes/sales offices as permitted uses within residential districts. At that meeting the City Council directed staff to prepare a text amendment to the Zoning Ordinance to allow model homes/sales offices as a permitted use within residential districts with the limitations worked out with Ames Homebuilder's Association. The City Council also directed staff to gather input, if any, from interested homeowner's associations, neighborhood associations, and residents in general. Staff was to report any input back to the City Council. On June 6, 2003, staff sent letters to the following people: • Melanie Frederikson, Bloomington Heights Neighborhood Association. • Brenda Diesslin, Brookview Neighborhood Association. These two Neighborhood Associations were chosen because they are the only two active neighborhood associations in developing subdivisions. Staff indicated in the letter that the attached text amendment was being proposed to allow model homes/sales offices in residential subdivisions and invited the neighborhood association to submit any comments regarding the change to staff by June 29, 2003. To date, staff has not received any comments regarding this text amendment from either of the neighborhood association representatives. Attached to this Action Form is the proposed text amendment for approval by the City Council. RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: The Planning & Zoning Commission reviewed this proposed text amendment at their meeting of February 19, 2003 and recommended that the City Council direct staff to prepare a text amendment to the Zoning Ordinance to allow model homes/sales offices as a permitted use within residential districts with the following stipulation.- That the City Council solicits citizen input from residents of newly developing subdivisions that might be impacted to the appropriateness of the law prior to final enactment of this proposed code change. 2 ALTERNATIVES: 1. The City Council can approve the attached text amendment to the Zoning Ordinance to allow model homes/sales offices as a permitted use within residential districts. 2. The City Council can deny the attached text amendment to the Zoning Ordinance to allow model homes/sales offices as a permitted use within residential districts. 3. The City Council can approve the attached text amendment to the Zoning Ordinance to allow model homes/sales offices as a permitted use within residential districts, with modifications. 4. The City Council can refer the attached text amendment back to staff for further review and comment. CITY MANAGER'S RECOMMENDED ACTION: The Zoning Ordinances of the City of Ames have typically not permitted model homes/sales offices and therefore the occurrence of model homes/sales offices has been non-existent until relatively recently. It is true that in many communities, model homes/sales offices are used as a means to help with the sales and marketing efforts in developing residential subdivisions. With proper safeguards, including a relatively short time duration where model homes/sales offices are permitted, it is staff's belief that the integrity of residential subdivisions can be insured. Therefore, it is recommended that Alternative #1 be adopted. Alternative #1 recommends that the City Council approve the attached text amendment to the Zoning Ordinance to allow model homes/sales offices as a permitted use within residential districts. As mentioned earlier, staff has attempted to obtain input from homeowner's associations, neighborhood associations, and residents in general regarding the proposed text amendment. There were no comments submitted to staff regarding this issue. COUNCIL ACTION: nttarhment 3