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Home My WebLink AboutA003 - Council Action Form dated May 22, 2007 ITEM # dh;J DATE 05/22/07 COUNCIL ACTION FORM SUBJECT: TEXT AMENDMENT TO ALLOW FUNERAL FACILITIES IN THE HIGHWAY-ORIENTED COMMERCIAL (HOC) ZONE 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: Funeral homes fall under the category of "Funeral Facilities" as defined in Table 29.501(4)-5 of the Municipal Code. "Funeral Facilities" are defined 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 are further defined to include funeral homes, mortuaries, and crematories, which are separately defined either by code or by the dictionary as follows: "Funeral homes" Municipal Code Section 29.201(73) — "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." Currently, funeral facilities are only allowed in four zoning districts, including the RH (Residential High Density), S-SMD (South Lincoln Sub-area Mixed use), RM (Residential Medium Density, and FS-RM (Suburban Residential Medium Density) districts. There are currently two funeral facilities located in Ames. The location and zoning for each 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 28`h Street The applicant has interest in operating a funeral home in the Highway-Oriented Commercial (HOC) district and is therefore requesting a text amendment that would allow funeral homes as a permitted use in the HOC district. The stated "Purpose" of the HOC zoning district is described in Section 29.804(1) as follows: 29.804(1) 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 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. Generally, the HOC district is one of the City's more flexible districts in terms of allowed uses. It is not clear whether funeral homes were intentionally not included as an allowed use in the HOC district, or if this was simply an oversight. However, it does not appear that such use would be inconsistent with the stated goals and purposes of the 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). 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. Future Land Use Classification, Commercial Uses (Page 30 of the LUPP). 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. Funeral homes are included in the definition of "Funeral facilities" in Table 29.501(4)-5. "Crematories" are also included in this definition. Therefore, if funeral homes are permitted in a zoning district under the term "funeral facilities", 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, particularly in light of LUPP Objective 2C as stated above. To ensure compatibility as anticipated 2 under this objective, a review and approval process must be in place to consider the proposed use in relation to surrounding land uses. The process and conditions for approval of a "Special Use Permit" may be used as a tool to achieve this objective, and there is already language in the code to accommodate this. Specifically, a funeral home/mortuary falls under the category of Institutional and miscellaneous use in Table 29.501(4)-5 of Ames Municipal Code. Moreover, in the HOC zone, all allowed Institutional uses (with the exception of "Community Facilities") must be processed as a Special Use Permit. The standards and the process for approval of a Special Use Permit facilitate a detailed review of the particular and unique characteristics of each proposed funeral facility. They enable the Planning and Zoning Commission and the Zoning Board of Adjustment to consider the unique characteristics of each proposed funeral facility and how they may affect adjacent properties and the surrounding neighborhood. A text amendment allowing funeral facilities in the HOC district as a Special use Permit could be achieved by amending Table 29.804(2) to read as follows: 3 (The "shaded" portions show the specific changes needed to allow "Funeral Facilities" as a special use.) 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 Section 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 re roduction Entertainment, Restaurant and Y SDP Minor Staff Recreation Trade Wholesale Trade Y SDP Minor Staff INDUSTRIAL USES Industrial Service N, except mini-storage SP ZBA 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 Religious Institutions Y SP ZBA Schools N -- -- Funeral;Facilities Y 80 ZBIa TRANSPORTATION, COMMUNICATIONS AND UTILITY USES Passenger Terminals Y SDP Minor Staff Basic Utilities Y SDP Major 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 Recommendation of the Planning & Zoning Commission. With a vote of 6-0, the Planning and Zoning Commission recommended 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 at its meeting of May 2, 2007. ALTERNATIVES: 1 . The City Council can approve 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 City Council can approve the amendment as proposed by the applicant to allow "Funeral Facilities" in the Highway-Oriented Commercial (HOC) zone as a permitted use, without the requirement for approval of a Special Use Permit. 3. The City Council can deny 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. 4. The City Council can refer this proposed text amendment back to staff for further information. MANAGER'S RECOMMENDED ACTION: Approval of a text amendment, to allow "Funeral Facilities" in the Highway-Oriented Commercial (HOC) zone, would enable the construction and location of new uses in the HOC zone that include funeral homes, mortuaries, and crematories. This would be the only commercial zoning district that allows such uses. Allowing funeral facilities as a permitted use as requested by the applicant is not recommended because it would not allow consideration of the potential impacts associated with funeral facilities, such as crematoriums. Requiring a Special Use Permit for funeral facilities would provide added assurance that such facilities would be appropriately located on sites within the HOC zone. Therefore, it is the recommendation of the City Manager that the City Council 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. 5