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HomeMy WebLinkAboutA001 - Commission Action Form dated May 2, 2007 ITEM # 7 DATE 05/02/07 COMMISSION ACTION FORM SUBJECT: TEXT AMENDMENT TO ALLOW FUNERAL FACILITIES IN THE HIGHWAY-ORIENTED COMMERCIAL (HOC) ZONE DATE PREPARED: April 27, 2007 REQUEST: The applicant is requesting that "funeral homes" be added as a permitted use in the Highway-Oriented Commercial (HOC) zone. APPLICANT: R. Friedrich and Sons, Inc. BACKGROUND: Land Use Policy Plan (LUPP). The following provisions of the LUPP are applicable to the request to allow funeral homes in the Highway-Oriented Commercial (HOC) zoning district. LUPP Goal for a New Vision, Goal No. 2 (Page 15 of the LUPP). Goal No. 2. In preparing for the target population and employment growth, it is the goal of Ames to assure the adequate provision and availability of developable land. It is the further goal of the community to guide the character, location and compatibility of growth with the area's natural resources and rural areas. Objective 2.C. Ames seeks a development process that achieves greater compatibility among new and existing development. Staff Comments: New development is to occur in a manner that it is compatible with existing development. As properties are redeveloped for new uses, a review and approval process must be in place to ensure compatibility of proposed uses with the surrounding land uses. The process and conditions for approval of a "Special Use Permit" may be used as a tool to achieve this objective. Future Land Use Classification, Commercial Uses (Page 30 of the LUPP). Commercial. Commercial uses include... Highway-Oriented Commercial... which is defined as follows: • Highway-Oriented Commercial — scale commercial uses that are associated with strip development along major thoroughfares. Floor area ratios are between 0.25 and 0.50 depending upon location. Staff Comments: Land currently zoned as Highway-Oriented Commercial is located predominantly along Lincoln Way and S. Duff Avenue, which are two major arterial streets in Ames. The maximum floor area ratio (F.A.R.) is 0.50 in the HOC zone. STAFF ANALYSIS: Zones That Allow Funeral Facilities. "Funeral Facilities" are currently allowed in only four zoning districts. None of the four zoning districts are classified as "commercial zoning districts." The locations allowed for funeral facilities have been quite limited since new zoning designations were adopted by the City in May of 2000. The unique characteristics of this particular land use merits careful consideration in the decision to allow locations in other zoning districts throughout the community. The RH (Residential High Density) zoning district and the S-SMD (South Lincoln Sub-area Mixed Use) district allow funeral facilities as "permitted uses," with a Minor Site Development Plan approved by City staff. Additionally, two residential zoning districts allow funeral facilities only with approval of a Special Use Permit by the Zoning Board of Adjustment. These include the RM (Residential Medium Density) district, and the FS-RM (Suburban Residential Medium Density) district. Funeral homes are included in the use category referred to as "funeral facilities." "Crematories" are also included in this category. Therefore, if funeral homes are permitted in a zoning district, crematories are also permitted. This is certainly one of the considerations that must be taken into account before deciding to allow funeral facilities in any particular zoning district. Current Locations of Funeral Facilities in the Community. There are currently two funeral homes located in Ames. One of the funeral homes is located in the downtown area in the Downtown Service Center (DSC) Zone. This is a non-conforming use since funeral facilities are not a permitted use in the DSC zoning district. The other funeral home is located in the north central portion of the community in a Residential High Density (RH) Zone. This is a conforming use since funeral facilities are a permitted use in the RH zoning district. Both funeral homes existed at the current locations, prior to the adoption of the new zoning map for the entire community in May of 2000. The location and zoning for each funeral facility is described in the following table: Locations of Funeral Facilities in Ames Name of Facility/Address Zoning Adams Funeral Home Downtown Service Center (DSC) 502 Douglas Avenue Stevens Memorial Chapel Residential High Density(RH) 607 28th Street 2 Institutional Uses in the HOC Zone. All "Institutional Uses" allowed in the HOC zone require a Special Use Permit, with the exception of "Community Facilities". To require approval of a Special Use Permit for "Funeral Facilities," in the HOC zoning district, would be consistent with the manner in which "Institutional Uses" are allowed in the HOC Zone and in other zones throughout the community. A Special Use Permit requires certain criteria be met for approval and are also subject to "general standards" and "specific standards" for proposed uses in commercial zones. These standards and the process for approval of a Special Use Permit will provide for a detailed review of the particular and unique characteristics of each proposed funeral facility. The requirement for a Special Use Permit provides the opportunity for the Planning and Zoning Commission and the Zoning Board of Adjustment to address the welfare of adjacent properties and the community as a whole. Highway-Oriented Commercial Zone Uses. Table 29.804(2), on the following page, lists the uses permitted in the "HOC" district. The "shaded"portions show how Table 29.804(2) would be changed to allow "Funeral Facilities"as a special use. 3 Table 29.804(2) Highway-Oriented Commercial (HOC) Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES SP ZBA Group Living N, except Transitional Living -- -- Facility Household Living N, except mini-storage SP ZBA warehouse facility (see Sec. 29.1308 Short-term Lodgings Y SDP Minor Staff OFFICE USES Y SDP Minor Staff TRADE USES Retail Sales and Services-General Y SDP Minor Staff (including printing, publishing, commercial art and reproduction) Entertainment, Restaurant and Y SDP Minor Staff Recreation Trade Wholesale Trade Y SDP Minor Staff INDUSTRIAL USES Industrial Service N, except mini-storage Warehouse facility[see Section 29.1308 8 a v INSTITUTIONAL USES Colleges and Universities Y SP ZBA Community Facilities Y SDP Minor Staff Social Service Providers Y SP ZBA Medical Centers Y SP ZBA Parks and Open Space Y SP ZBA Reli ious Institutions Y SP ZBA TRANSPORTATION, COMMUNICATIONS AND UTILITY USES Passenger Terminals Y SDP Minor Staff Basic Utilities Y SDP Ma'or City Council Commercial Parking Y SDP Minor Staff Radio and TV Broadcast Facilities Y SDP Minor Staff Personal Wireless Communication Y SP ZBA Facilities Rail Line and Utility Corridors Y SP ZBA Railroad Yards N -- _ MISCELLANEOUS USES Commercial Outdoor Recreation Y SDP Minor Staff Child Day Care Facilities Y SDP Minor Staff Detention Facilities Y SDP Minor Staff Major Event Entertainment Y SDP Minor Staff Vehicle Service Facilities Y SDP Minor Staff Adult Entertainment Business Y SDP Minor Staff 4 r . APPLICABLE LAW: Funeral Facilities. "Funeral Facilities" are defined in Table 29.501(4)-5 of the Municipal Code as: "Uses providing for the preparation of the deceased for burial or cremation, or the storage of human bodies prior to burial or cremation." "Funeral Facilities" include the following uses: • Funeral Homes; • Mortuaries; and, • Crematories. "Funeral homes" are defined in Section 29.201(73) of the Municipal Code as: "Any building or portion thereof used for performing funeral services, including preparing the dead for burial and storing funeral supplies and vehicles. "Mortuaries"are not defined by the Municipal Code. The dictionary defines a mortuary as: "A place, especially a funeral home, where dead bodies are kept before burial or cremation. "Crematories" are not defined by the Municipal Code. The dictionary defines a crematory, or crematorium as: "A furnace or establishment for the incineration of corpses." Institutional Uses. The Municipal Code places "Funeral Facilities" in the category of "Institutional Uses." Section 29.501(4)-5 lists the following as "Institutional Uses": • Colleges and Universities; • Community Facilities; • Child Day Care Facilities; • Funeral Facilities; • Medical Centers; • Religious Institutions; • Schools; and, • Social Service Providers. Highway-Oriented Commercial (HOC) Zone. The applicant has requested that funeral homes be allowed as a permitted use in the Highway-Oriented Commercial (HOC) zoning district. The "Purpose" of the HOC zoning district is described in Section 29.804(1) as follows: 29.804(9) Purpose. The Highway-Oriented Commercial (HOC) Zone is intended to allow auto-accommodating commercial development in areas already predominantly developed for this use. The zone allows a full range of retail and service businesses with a large local or citywide market. Development is expected to be generally 5 auto-accommodating, with access from major traffic ways. The zone's development standards are intended to promote an open and pleasant street appearance; development that is aesthetically pleasing for motorists, pedestrians and the businesses themselves; and compatibility with adjacent residential areas. Zone Development Standards. The zone development standards for the HOC Zone are set forth in Table 29.804(3) of the Ames Municipal Code. However, no standards would change in this table if "Funeral Facilities" are added to the "HOC" zone uses. Authorization, Notice and Renewal of Petition After Denial. Ames Municipal Code Section 29.1507(1), (4)(b), and (6) applies to the request for a change to the text of Chapter 29, and is described as follows: (1) Authorization. The City Council may, from time to time, on its own initiative, on petition, or on recommendation of the Planning and Zoning Commission, after public notice and hearings, and after a report by the Planning and Zoning Commission, or after 30 days written notice to said Commission, amend, supplement or change the regulations, districts, or Official Zoning Map herein or subsequently established. (4) Notice. (b) Text. Notice of a text change shall be made by publication in accordance with Section 29.1500(2)(d)(ii) and (iii) above, except that at least 7 days notice must be given. In no case shall the public hearing be held earlier than the next regularly-scheduled City Council meeting following the notice. (6) Renewal of Petition After Denial. Whenever a petition requesting an amendment, supplement, or change of any regulation prescribed by this Ordinance has been denied by the City Council, such petition cannot be renewed for one year thereafter unless it is signed by the owners of at least 50% of the property owners who previously objected to the change. The provision, however, shall not prevent City Council from acting on its own initiative in any case or at any time as provided in this Section. ALTERNATIVES: 1. The Planning and Zoning Commission can recommend approval of the proposed amendment to allow "Funeral Facilities" in the Highway-Oriented Commercial (HOC) zone with approval of a Special Use Permit by the Zoning Board of Adjustment. 2. The Planning and Zoning Commission can recommend that the City Council not allow "Funeral Facilities" in the Highway-Oriented Commercial (HOC) zone with approval of a Special Use Permit by the Zoning Board of Adjustment. 3. The Planning and Zoning Commission can refer this proposed text amendment back to staff for further information. 6 RECOMMENDED ACTION: Approval of this text amendment, to allow "Funeral Facilities" in the Highway-Oriented Commercial (HOC) zone, will enable the construction and location of new uses in the HOC zone that include funeral homes, mortuaries, and crematories. This will be the only commercial zoning district that allows such uses. Requiring a Special Use Permit for funeral facilities will provide added assurance that such facilities will be appropriately located on sites within the HOC zone. Therefore, it is the recommendation of the Department of Planning and Housing that the Planning and Zoning Commission approve Alternative No. 1. This is a recommendation for approval of the proposed amendment to allow "Funeral Facilities" in the Highway-Oriented Commercial (HOC) zone with approval of a Special Use Permit by the Zoning Board of Adjustment. S:\Council Boards Commissions\PZ\Commission Action Forms\Text Amendments\Text Amendment to Allow Funeral Facilities in HOC-05-02-07.doc 7 Memo Department of Planning & Housing Caring People Quality Programs F--ti nnI R—i" TO: Doug Marek, City Attorney Jill Grimsley, Administrative Assistant, City Attorney's Office Diane Voss, City Clerk FROM: Cindy Hollar, Secretary DATE: May 1, 2007 SUBJECT: Text Amendment to Allow Funeral Facilities in the Highway-Oriented Commercial (HOC) Zone With a vote of 6-0, the Planning and Zoning Commission recommended approval of the above-mentioned text amendment at its meeting of May 2, 2007. This item will go to the City Council meeting scheduled for May 22, 2007. Please contact Ray Anderson(case planner) if you have any questions regarding this agenda item. \clh Attachment (Commission Action Form dated 05/02/07) c: Ray Anderson S:\Staff\Cindy\Memo to Clerk-Attomey Regarding Text Amendments to Council-Master.doc