HomeMy WebLinkAboutA005 - Council Action Form dated October 28, 2008 ITEM # (�
DATE 10/28/08
COUNCIL ACTION FORM
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT DEFINING "FRONT YARD"
FOR CLARIFICATION OF THE EXISTING FRONT YARD PARKING
PROHIBITION IN RESIDENTIAL ZONES "RL", "RM", "UCRM",
"FS-RL" AND "FS-RM"
BACKGROUND:
Until 2000, the City of Ames Zoning Ordinance (Chapter 29 of Municipal Code)
contained a definition for "front yard" which was used to determine the exact location of
where parking was prohibited on residential lots. During the comprehensive update of
the Zoning Ordinance in 2000, the definition was deleted. Although, the general
prohibition of front yard parking was kept in the new 2000 Code, the provisions for
determining the boundaries of that area were then effectively left to interpretation. Due
to staff turnover and the ongoing demand for parking spaces since that deletion, this
lack of definition has occasionally resulted in excessive staff time and inconsistent
responses to the public. There are other references to "front setback" and "front yard" in
the Code, which address the placement of buildings, fences, and landscaping that this
proposed amendment will not influence. Those references pertain to dimensions for
specific setbacks, and are defined solely by the street address of the subject lot. For
setback purposes, the street address defines what all the setback dimensions will be for
the lot. The existing definition for "front", as it applies to building and structure
setbacks, cannot be used to determine where driveways can be located or for
daily parking enforcement activities because the existing code definitions for
"yard" and "setback" are different. "Yard" is the actual open space between the
structure and the right of way, and "setback" is the minimum distance that the
space is required to be in the zone. Therefore, a front yard definition specifically
for the location of parking surfaces as well as daily enforcement activities is
needed.
Procedural History
It came to the attention of the City Attorney's office in July that a definition for front yard,
which could be applied to parking, did not exist in Municipal Code. City attorney Doug
Marek forwarded a proposed draft amendment to three applicable departments:
Planning, Inspections, and Police. On August 26, 2008, City Council was presented with
a memo from Mr. Marek, which included the draft definition and described the need for
this definition for front yard to apply to parking. Council referred this issue to staff. The
Planning & Zoning Commission heard a report from planning staff and then forwarded a
recommendation for adoption of the definition to City Council on October 15, 2008.
There were no public comments at the meeting.
Public Impact
The prohibition of front yard parking is enforced primarily by two departments of Ames
City government: The Police Department and the Inspections Division of the Fire
Department. The primary impact of this definition will be to the public, which will improve
customer service by creating a definition that can be applied to all lot configurations.
The secondary impact will be to City staff because the definition will serve to eliminate
concerns over conflicting interpretations.
Proposed Amendment
The following language and associated graphic is proposed:
Section 29.406 (7)
(e) As used in this section, front yard means the open space in that portion
of a yard between the street and the face of the structure and a line originating from the
left side of the lot and extending to the right side of the lot. The line, as viewed from the
street, shall extend parallel to the street to the nearest corner of the principal structure
and then along the face of the principal structure to the right corner, and from that point
on a line parallel to the street to a point on the right lot line. As used in this section, the
face of a principal structure shall be any and all portions of the structure fronting on a
street. The front yard shall not include any portion of the city right-of-way. A corner lot
shall be deemed to have two front yards. See Figure 29.406(7).
Figure 29.406(7)
EXAMPLE OF PROHIBITED FRONT YARD PARKING AREAS
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Application
Without the support of the graphic, the text alone is difficult to follow. However, staff,
with the direction of the City Attorney's office, believes that this will best resolve the
difficulty of interpreting the front yard given the wide variety of lot configurations that
exist in Ames.
General Description of Affected Properties
The zoning text amendment would apply to every property within the city that is zoned
"RL", "RM", "RH", "UCRM", "FS-RL" and "FS-RM", and which also contains a principal
structure.
Consistency with the Land Use Policy Plan
This proposed amendment is for clarification purposes and does not affect the general
scope of the LUPP. It is consistent with the goals of the LUPP to create a greater
"sense of place" by assuring a more healthy, safe, and attractive environment (Goal #4).
Concurrent Amendment
The prohibition of front yard parking in residential areas is also found in Municipal Code
Chapter 18, Traffic and Parking, Section 18.15. The same definition proposed for
addition to Chapter 29 will also be duplicated in Chapter 18, but was not required to be
recommended by the Planning & Zoning Commission. Both amendments are being
brought forward to City Council simultaneously.
Existing Related Provisions
Existing parking spaces allowed under prior zoning ordinances will be allowed to
remain under the existing provisions for nonconformities in Municipal Code
Section 29.307. The proposed amendment would not require their removal, but
would enhance the current ordinance by clarifying the existing policy.
There is an existing provision for creating an approved parking space in a front yard, if
the lack of adequate parking space exists between the side property line and the side of
the house. This provision will remain and not be superseded by this amendment.
Recommendation of the Planning & Zoning Commission. At its meeting of October
15, 2008, with a vote of 6-0, the Planning and Zoning Commission recommended
approval of the Zoning Ordinance text amendment to Section 29.406(7) and to add
Figure 29.406(7) to define front yard as it applies to vehicle parking. There was no
public input on this item at the Commission meeting.
ALTERNATIVES:
1. The City Council can adopt the proposed amendments to Section 29.406(7).
2. The City Council can deny the proposed amendments to Section 29.406(7).
3. The City Council can adopt the proposed amendments to Section 29.406(7) with
modifications.
4. The City Council can refer this back to staff for additional analysis.
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MANAGER'S RECOMMENDED ACTION:
The proposed amendment would continue the City's current policy on front yard
parking, while also clarifying the exact boundaries of individual front yards. The City
would be better served by reducing staff time and confusion on interpreting corner and
irregular lots. The public would be better served by receiving consistent responses from
City staff that fit the vast majority of lot configurations.
Therefore, it is the recommendation of the City Manager that the City Council act in
accordance with Alternative #1, which is to approve the staff proposal to amend Section
29.406(7) and add Figure 29.406(7)to define front yard as it applies to vehicle parking.
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