HomeMy WebLinkAboutA007 - Letter dated July 19, 2012 from Newbrough Law Firm - Zoning Text Amendment Request NEWBROUGH LAW FIRM, LLP
ATTORNEYS AT LAW
D.R.NEWBROUGH 612 KELLOGG AVENUE HAROLD O.HEGLAND
(1928-2007) P.O.BOX 847 (1909-1979)
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JERE C.MADDUX 50TO-0847 � Phone:(515)232-1761
WILLIAM T.TALBOT Fax:(515)232-8962
ANGELINA M.THOMAS �-
SAMUEL L.LYON www.newbroughlaw.com
NICOLE S.FACIO i attygnewbroughlaw.com
U REBECCA A.REISINGER I L 2 0 2012
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July 19, 2012 r? `! �i `(ACLE IO�NA
Mayor Ann Campbell and Members of the Ames City Council
City Hall
515 Clark Ave.
Ames, IA 50010
RE: Zoning Text Amendment Request
Authority Section 29.1507
Proposed Amendment to Table 29.808(2)
Greetings,
I am writing in our capacity as attorneys for Craig and Beth Marrs and regarding real estate located at
313 5th Street,Ames,Iowa. The building,in the past,has been known as the McFarland building and
in more recent years as the Tribune building. Mr. and Mrs. Marrs investigated the availability and
potential uses of this building and have created a plan which would allow for optimal use,including
more than 80% office on the first floor and household living on the second floor with some
household living use in the rear of the building,primarily bedrooms and restrooms. The plan has
been thoroughly vetted with Planning&Housing, and it seems everyone is quite excited about the
revitalization of the structure. Unfortunately,the literal text of Table 29.808(2)is an impediment to
approval of the building permit by the department. The Department of Planning and Housing, by
Steve Osguthorpe,provided a letter dated July 17,2012 declining to approve the building permit;a
copy of the letter is attached hereto for your reference.
Discussions with the Department of Planning and Housing and the City legal department and my
own experience lead me to conclude that the rejection of building permits for proposed residential
housing on the first floor in downtown service center zones has the intent of protecting square
footage available for commercial use in the specific district. While that is of course an admirable
goal,it is apparent that the philosophy of residential use in commercial districts has evolved greatly
over the last fifteen or so years,as is evidenced by projects like the East Village in Des Moines,the
immediate south downtown in Des Moines,and many of the same type redevelopment areas in Cedar
Rapids and Dubuque. The walkability and village philosophy show that many locals are gravitating
towards a greater blend of residential development within those classic commercial downtown areas,
our own Somerset subdivision being a good example. In sum, it is apparent that some balancing is
desirable, particularly for those structures that are too small for a multiple office complex and too
large for a single owner office.
Ames City Council
July 19, 2012
Page 2
We are therefore requesting that pursuant to the authority of Section 29.1507 that the Council of its
own initiative consider a zoning text amendment that will balance the need to protect square footage
of the commercial area with the desirability of enhancing residential population in commercial areas.
We would propose at Table 29.808(2), that under the status language of household living, that the
text be amended to read as follows:
"No,except in combination with permitted non-residential use or uses,in which case
75%to 100%household living shall be located above the first floor, and the facade
of the building retains a commercial appearance."
We propose that such a text amendment would allow creative and desirable redevelopment of
structures, but yet prevent a wholesale conversion to residential units of the first floors of
commercial districts. The proposed text amendment would preserve the commercial appearance,and
would likely only be used in those creative situations where,because, of the unique style or size of
the building some first floor residential use is desirable in order to allow for unique and optimum
designs.
Finally, the text amendment as proposed is completely and fully harmonious with 29.808(1), the
purpose of the zone. The purpose is for a broad range of uses reflecting the City's role as a
commercial, cultural, and government center. The text amendment does not interfere with the
purpose and intent for dense building coverage with large buildings,and certainly enhances the intent
that development encourages pedestrian activity with strong emphasis on safe,vital, and attractive
streets.
Your consideration of the text amendment is much appreciated; please contact me if I may of any
assistance.
Sincerely,
NEWB . GH LAW FIRM, LLP
� ,
i iam T. Talbot
WTT/j j s
Original to Ames City Clerk
Copies to: Craig and Beth Marrs
Assistant City Attorney Judy Parks
Steve Osguthorpe
Dept. of Planning & Housing