HomeMy WebLinkAboutA003 - Commission Action Form dated September 5, 2012 r
ITEM # 6
DATE 09-05-12
COMMISSION ACTION FORM
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT TO ALLOW LIMITED
RESIDENTIAL USE ON THE FIRST FLOOR IN THE DOWNTOWN
SERVICE CENTER (DSC) ZONE
BACKGROUND:
On July 24, 2012, the City Council referred to staff a request from Mr. William Talbot,
Newbrough Law Firm, LLP, on behalf of the property owners, Mr. and Mrs. 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 the two units being located on the first floor of the building.
Staff notified the applicant that the residential portion of the first floor was not allowed
under the 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". The 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
USECATEGORY APPROVAL APPROVAL AUTHORITY
STATUS REQUIRED
RESIDENTIAL USES
Group LivingN
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 Lodgino SDP Minor Staff
The applicant is requesting a text amendment to revise the allowance for residential
household living in Table 29.808(2) to read as follows, "No, except in combination with
permitted non-residential use or used, in which case 75% to 100% household living
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY REPEALING TABLES 29.808(2), AND
ADOPTING NEW TABLE 29.808(2) TO ALLOW LIMITED
RESIDENTIAL USE ON THE FIRST FLOOR IN DOWNTOWN;
REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS,the City Council received a request from Newbrough Law Firm,LLP to amend the Zoning Ordinance
to allow limited residential use on the first floor in the Downtown Service Center (DSC)Zone; and
WHEREAS,the Council referred said request on July 24, 2012,directing staff to initiate the text amendment
process; and
WHEREAS, one of the stated purposes of the Downtown Service Center is to encourage pedestrian activity with a
strong emphasis on safe,vital and attractive streets, and
WHEREAS, a continuous street face of commercial or non-residential uses can support the synergy needed to
ensure a vibrant commercial economy and create visual draw for pedestrians walking along downtown streets;and
WHEREAS, amending the code to allow some degree of residential use on the first floor will not hinder
commercial clustering or visual draw along commercial streets,provided that residential uses are not located along
the front, street side of the buildings at street level.
NOW THEREFORE, BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by repealing
Table 29.808(2), and adopting a new Table 29.808(2),to read as follows:
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Child Day Care Y -- '-
Facilities
Detention Facilities N SP ZBA
Major Event Y --
Entertainment
Vehicle Service N SP ZBA
Facilities
Adult Entertainment Y SDP MINOR STAFF
Business
Y = Yes: permitted as indicated by required approval.
N = No: prohibited
SP = Special Use Permit required: See Section 29.1503
SDP MINOR = Site Development Plan Minor: See Section 29.1502(3)
SDP MAJOR = Site Development Plan Major: See Section 29.1502(4)
ZBA = Zoning Board of Adjustment
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set
out by law.
Section Three. All ordinances,or parts of ordinances, in conflict herewith are hereby repealed to the extent of such
conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required
by law.
Passed this day of
ATTEST:
Diane R. Voss, City Clerk Ann H. Campbell,Mayor
Approved as to form:
Digitally signed by Kristine
i-q„. Stone
�Da te'2012 08 24 16:26:54
Kristine Stone,AssigMt City Attorney
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