HomeMy WebLinkAboutA002 - Council Action Form dated March 23, 2010 i
ITEM # 42
DATE: 03-23-10
COUNCIL ACTION FORM
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT TO DEFINE BEDROOM AND
LIVING ROOM FOR PURPOSES OF CALCULATING PARKING
REQUIREMENTS
BACKGROUND:
Table 29.406(2) of the Ames Municipal Code specifies the following minimum off-street
parking requirements for Apartment Dwellings and Dwelling Houses:
Apartment Dwellings:
1 .5 space/RU*; for one-bedroom units
1 space/bedroom for units of 2 bedrooms or more
1 .25 space/bedroom for units of 2 bedrooms or more in University Impacted
(O-UIE and OUIW).
Dwelling House:
1 space per bedroom
[*Note: RU means residential unit]
The above parking standards are based upon the number of bedrooms in the defined living
units. However, the zoning code contains no definition of what constitutes a bedroom. To
ensure that some rooms in an apartment or dwelling house are not counted as bedrooms
for purposes of minimizing parking requirements, recently submitted building plans
sometimes label some rooms on the submitted floor plans as "den"or"office", even though
the rooms have a layout and arrangement that provide the separation and privacy that
typifies most bedrooms. A label on a building plan is typically not something that
occupants will ever see or feel bound by. More typically, they will use the rooms of their
living units in a manner that is logical, customary, and/or convenient to their individual
needs. The initial resident may indeed want to use a room as a den, but a future resident
may need the same room for a bedroom, and may assume it is a bedroom if the layout
suggests or facilitates that type of use.
Parking standards that are based upon the number of bedrooms in a unit are based upon a
correlation between the number of persons afforded semi-private spaces in the unit and
the number of persons who drive and have need for parking. A label on the building plan
defining a non-bedroom use does not negate the parking impact if the room is indeed used
as a bedroom for an additional household member who also owns a car.
Lacking a specific definition of bedroom in the zoning code, we are left with the common
definitions as contained in the dictionary. Merriam-Webster's New Edition Dictionary
defines bedroom as: "A room containing a bed and used esp. for sleeping". This definition
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is based upon actual use rather than intended use of the room. Therefore, if a room
labeled as a "den" is actually used for sleeping, it is by definition a bedroom. Inasmuch as
the City has no practical means to determine actual use once a building has been
permitted occupancy, and since as the number of parking spaces on a site cannot flex as
the use of a room changes, the bedroom-based parking standards should be based upon a
reasonable likelihood that a room will be considered a bedroom by its occupants.
Accordingly, if the room can actually be used for a bedroom, and if the layout makes it
likely that initial or future occupants will assume it is a bedroom, it should be considered a
bedroom to ensure that all parking impacts related to the number of bedrooms are
mitigated.
The proposed text amendments define bedroom to address the concerns stated above.
Additionally, because the proposed definition of a bedroom references living rooms, a
definition of living room is also proposed. Living rooms are referenced in the definition of
bedrooms to ensure that they are not misconstrued as bedrooms when calculating parking
requirements.
PROPOSED DEFINITIONS
Bedroom: A bedroom is any room or area within a dwelling unit that: is not a
kitchen, bathroom, hallway or foyer; is at least 70 square feet and otherwise
complies with building and fire code compliance for a bedroom; and does not
provide the sole means of access or passage into any other room in the living unit
except a bathroom or closet. If under this definition there is no remaining room or
area in the living unit that can reasonably used as a living room, then one bedroom
may be considered a living room if it otherwise meets the definition of living room.
Living Room: A living room is typically(though not exclusively)the largest finished
room by floor area in a residential living unit. It may or may not have a dining area,
has a least one window, and is accessed directly from a foyer, kitchen, or dining
room/area, common hallway(as in an apartment building), and/or exterior doorway.
Consistency with the Land Use Policy Plan. This proposed amendment is rather
insignificant in terms of broader planning objectives. There is no indication that it is contrary
to the LUPP.
Recommendation of the Planning & Zoning Commission. There was considerable
discussion of this item by the Planning & Zoning Commission at its meeting of March 3,
2010. One commissioner said he believes this is another extension of government where it
has not been before, and that he does not know if it is a priority on which we need to be
spending our time. Another commissioner expressed concern over the way this text
amendment was written, believing it has student implications, similar to the couch burning
issue. He also suggested that it borders on having racial overtones, especially since some
cultures have several people living in a single unit. Other commissioners believed that the
proposed language addressed only the parking issue, that regulation of parking was
needed, and that the number of individuals allowed to live in a residential unit was
regulated separately. By a vote of 5-2, the Commission recommended approval of the
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proposed language adding the definitions of bedroom and living room to Section 29.201 of
the zoning code.
ALTERNATIVES:
1. The City Council can adopt the proposed language adding the above definitions of
bedroom and living room to Section 29.201 of the zoning code, per the attached
ordinance.
2. The City Council can adopt the proposed definitions of bedrooms and living rooms with
modifications.
3. The City Council can choose to not approve the proposed definitions of bedroom and
living room.
4. The City Council can refer this back to staff for additional analysis.
MANAGER'S RECOMMENDED ACTION:
The proposed definitions will ensure a consistent determination of what constitutes a
bedroom for calculating parking requirements. That determination would not depend upon
how current or future tenants choose to use the rooms of their living units. This will better
ensure that adequate parking is provided regardless of how occupants use the rooms of
their apartments or dwelling houses.
City staff met with members of the local development community to discuss these changes
and to get their input. Those who commented stated that they have no problems with the
proposed language.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1 , adding the above definitions of bedroom and living room to Section 29.201
of the zoning code per the attached ordinance.
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