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HomeMy WebLinkAboutA001 - Commisson Action Form dated April 6, 2011 r ITEM # 7 DATE 04-06-11 COMMISSION ACTION FORM SUBJECT: AMENDMENT TO THE ZONING ORDINANCE AMENDING PERMITTED COMMERCIAL USES IN VILLAGE RESIDENTIAL ZONING DISTRICTS TO INCLUDE VETERINARY OFFICES BACKGROUND: The Ames City Council has referred to the Planning and Zoning Commission a request from one of the Somerset developers (Chuck Winkleblack) to amend the permitted uses in Somerset to allow a veterinary clinic for small animals. The zoning for all of Somerset is "F-VR" Village Residential District Somerset. The Ames Municipal Code establishes permitted uses in the Somerset Neighborhood in the use table, Table 29.1201(5) Village Residential (F-VR) Floating Zone Uses (see Attachment A). Somerset is composed of areas with different building types and uses established by the tables of "Urban Regulations" for each area. Table 29.1201(7)-8 Village Residential (F-VR) Floating Zone Urban Regulations: Commercial/Shop Front (see Attachment B) governs buildings in the Commercial Center. Neither of these tables lists veterinary clinics or any more general use would include veterinary clinics. When a use is not listed as permitted in a zoning district it is generally prohibited (Section 29.304). Veterinary offices are permitted in all other commercial zoning districts in the city. The zoning ordinance does not include specific standards or criteria for text amendments. Therefore, the Planning and Zoning Commission may want to consider the overall purpose of the zoning ordinance described in Section 29.102 (see Attachment C). Particularly relevant for permitting an additional use in a zoning district would be the following statement in the ordinance: The Ordinance has been made with reasonable consideration, among other things, as to the character of the area of each Zone and the peculiar suitability of such area for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City. Consideration should be given to whether the operation of veterinary clinics customarily results in impacts to other nearby uses. In the Village Residential zoning district these nearby uses could be most office or retail sales and service uses or residential uses. Impacts might result from a use could include traffic, noise, odors, use of the facility when other facilities are typically inactive, etc., that are more frequent or pronounced than other commercial uses that are already permitted in the Commercial Center. 1 Veterinary offices are already permitted in all other commercial areas of the city. This includes the commercial areas that are typically located adjacent to residential areas: Neighborhood Commercial, Convenience Commercial Node, Convenience General Services, Downtown Service Center, and Campustown Service Center. In the Convenience Commercial Node and Convenience General Services zoning districts, kennels are specifically excluded from permitted uses. Therefore, it can be concluded that Veterinary Clinics, with kennels specifically excluded, located within the Commercial Center of Village Residential zoning districts will not have a detrimental impact on the character of the zone, its suitability for particular uses, the value of buildings in the area, and is otherwise consistent with the purposes of the zoning ordinance. There may be some concern that permitting veterinary offices in the Commercial Center of Village Residential zoning districts would not restrict the animals treated to small pets, that it would allow larger animals such as horses, goats, and pigs that require larger facilities, attract larger vehicles, or cause more noise or odor than smaller animals. If so, the use could be restricted to small animals. This is a term defined by the American Animal Hospital Association and the American Veterinary Medical Association, the governing bodies of the veterinary profession. It includes pocket pets, dogs, cats, and "exotics", i.e. birds, reptiles. This information was provided by the Small Animal Primary Care Clinic of the Lloyd Medical Center in the College of Veterinary Medicine at Iowa State University. Mr. Winkleblack has included the term small animal exclusive in the requested amendment to the zoning ordinance. ALTERNATIVES: 1. The Planning & Zoning Commission can recommend that the City Council amend the zoning ordinance to permit "Veterinary Offices—small animal exclusive not including kennels" in the Commercial Center of Village Residential zoning districts. 2. The Planning & Zoning Commission can recommend that the City Council amend the zoning ordinance to permit "Veterinary Offices" in the Commercial Center of Village Residential zoning districts. 3. The Planning & Zoning Commission can recommend that the City Council deny the request to amend the zoning ordinance. 4. The Planning & Zoning Commission can refer the request to amend the zoning ordinance to staff for specific further information, within a period of time that will allow the Planning & Zoning Commission to take action before June 29, 2011. RECOMMENDED ACTION: Veterinary offices are permitted in all commercial districts, even those adjacent to low density residential areas. Staff is not aware of any serious problems of compatibility 2 E r between uses associated with any such clinic. Animals typically arrive and depart veterinary clinics within one day, although on occasion an animal may need to stay overnight. Kennels, on the other hand, provide longer term shelter for many more animals and usually include outdoor area for the animals. Kennels may create more noise for neighbors and therefore are specifically excluded as a Permitted Home Occupation. However, veterinary offices are not likely to result in any more traffic or other impacts and not require any larger facilities than other commercial uses already permitted in Village Residential zoning districts. Therefore it is recommended that the Planning & Zoning Commission recommend that the City Council amend the zoning ordinance to permit Veterinary Offices, not including kennels, in the Commercial Center of Village Residential zoning districts. If the Planning & Zoning Commission believes it to be likely that larger animals will be treated at a veterinary office, it should make a finding that treatment of larger animals will have a detrimental impact on other permitted uses and adopt Alternative #1, recommending that the City Council amend the zoning ordinance to permit "Veterinary Offices—small animal exclusive not including kennels" in the Commercial Center of Village Residential zoning districts. S:\PLAN_SHR\Council Boards Commissions\PZ\Commission Action Forms\Text Amendments\SomerseCommercialUses-04-06- 11.doc 3