HomeMy WebLinkAboutA001 - Council Action Form dated September 11, 2012 ITEM # 28
DATE: 09-11-12
COUNCIL ACTION FORM
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT TO ALLOW LIMITED
RESIDENTIAL USE ON THE FIRST FLOOR IN THE DOWNTOWN
SERVICE CENTER ZONE
BACKGROUND:
On July 24, 2012, the City Council referred to staff a request from Mr. William Talbot on
behalf of the property owners, Craig and Beth Marrs, to amend the Zoning Ordinance to
allow limited residential use on the first floor in the Downtown Service Center (DSC)
Zone.
This request was prompted by a recent application for a building permit to renovate the
original McFarland Clinic building most recently used as the Ames Tribune Business
Offices. The submitted floor plans for the renovation indicated four residential units that
would be accessed from the second floor via a staircase on the back of the building, but
with portions of two units being located on the first floor of the building.
Staff had previously discussed with the applicant how the residential portion of the first
floor was not allowed under existing Downtown development standards. Specifically,
Table 29.808(2) does not allow household living in the Downtown Service Center Zone
"except in combination with permitted non-residential use or uses, in which case
Household Living shall be located above the first floor" (emphasis added). The stated
purpose of the Downtown Services Zone is to encourage a strong pedestrian activity
along the downtown street frontage by allowing uses that emphasize safe, vital and
attractive streets.
Table 29.808(2)
Downtown_Service Center (DSC) Zone Uses
USE CATEGORY APPROVAL APPROVAL AUTHORITY
STATUS REQUIRED
RESIDENTIAL USES
Group Living N
Household Living N,except in combination with SDP Minor Staff
permitted non-residential use or
uses,in which case Household
Living shall be located above
the first floor.
Short-term Lod ins Y SDP Minor Staff
To address this need, the applicant requested a text amendment to revise the
allowance for residential household living in the table above to read as follows, "No,
except in combination with permitted non-residential use or used, in which case 75% to
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100% household living shall be located above the first floor, and the facade of the
building retains a commercial appearance."
While the applicant's proposed wording maintained the majority of the residential use
above the first floor and attempts to maintain a commercial frontage appearance, staff
suggested that the language be modified to ensure that the front of downtown buildings
actually be useable for non-residential purposes. Staff believed this is important for
facilitating commercial synergies in the downtown.
Accordingly, staff proposed language (included in the attached draft ordinance) that
allows household living in combination with a permitted non-residential use or uses,
provided that 75% of the household living use is located above the first story (the same
as the applicant's language), but also provided that at least the front 50% of the first
story be maintained for non-residential use. This differs from the applicant's proposed
language that only requires a commercial "appearance"along the street-facing fagade,
and instead requires that space be actually maintained for non-residential use on the
first floor street frontage. The applicant's proposed project can be accomplished
within these requirements.
Recommendation of the Planning & Zoning Commission. At its meeting of
September 5, 2012, with a vote of 6-0, the Planning and Zoning Commission
recommended that the City Council adopt the draft ordinance as proposed. The only
person from the public that spoke on the item was Bill Talbot, attorney for the applicant.
Mr. Talbot spoke in favor of the amendment.
ALTERNATIVES:
1. The City Council can approve the attached draft ordinance amending Table
29.808(2) to allow limited residential use on the first floor in the Downtown Service
Center (DSC) Zone.
2. The City Council can decide not to adopt the proposed text amendments.
3. The City Council can refer this issue back to staff for additional information.
MANAGER'S RECOMMENDED ACTION:
The proposed amendment addresses the stated essential needs of the property owner
in the revitalization of a prominent downtown structure, while also reflecting the purpose
statement of the Downtown Service Center Zone.
Therefore, it is the recommendation of the City Manager that the City Council act in
accordance with Alternative 1, thereby approving the attached draft ordinance
amending Table 29.808(2) to allow limited residential use on the first floor in the
Downtown Service Center (DSC) Zone.
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