HomeMy WebLinkAboutA001 - Council Action Form dated December 11, 2012 ITEM # 23
DATE: 12-11-12
COUNCIL ACTION FORM
SUBJECT: AMENDMENT TO CORRECT SCRIVENER'S ERROR IN TABLE
29.805(3)—ZONE DEVELOPMENT STANDARDS IN PRC ZONE
BACKGROUND:
An error was found in the Development Standards table for the Planned Regional
Commercial zoning district regarding rear setbacks. In 2007, Table 29.805(3) (Planned
Regional Commercial Zone Development Standards) was amended to reflect new
requirements for the then-new Northeast Gateway Overlay District. The amendment
added new requirements for setbacks from the street lot line.
The Table currently reads:
Table 29.805(3)
Planned }Lr�iunal Commercial WRC) Zone Dex rlopment Stamlards
DEN ELOPINIENT sTAND_ RDS 11W ZO\L
Minimum Lot Area One.Acre
Minimum Lot Frontage except in the O-GNE 50 ft.
Minimum Lot Frontage for O-GNE only 50 ft.or cross-access easement agreements to which the City
is a party for the limited purposes of modification or
termination of the legal access rights
Minimum Building Setbacks:
Street Lot Line except in the O-GNE 50 ft.
Street Lot Line O-GNE only As specified in approved master plan
Side Lot Line 0
Rear Lot Line 50 ft.side
Lot Line Abutting an R Zoned Lot 50 ft.rear
Maximum Building Setbacks:
Street Lot Line None
Landscaping in Setbacks Abutting a Residentially 20 ft.@ U. See Section 29.403
Zoned Lot
Maximum Building Coverage 50%
Minimum Landscaped Area 15%
Maximum Height 100 ft.or nine stories
Parking Allowed Between Buildings and Streets Yes
Drive-Through Facilities Permitted Yes
Outdoor Display Permitted Limited to garden centers and similar accessory uses.
automotive and marine trade,in defined areas
Outdoor Storage Permitted \,
Trucks and Equipment Permitted Yes
Please note that the Minimum Building Setbacks for Rear Lot Line reads "50 ft.
side" and that Lot Line Abutting an R Zoned Lot reads "50 ft. rear."
Below is the table as it read prior to the 2007 amendment. Note that the setback
for a Rear Lot Line was 0 feet.
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Table 29.805(3)
Planned Regional Commercial(PRC)Zone Development Standards
DEVELOPMENTSTANDARDS PR('ZONE
Minimum FAR 50
Minimum Lot Area One Acre
Minimum Lot Frontage 50 ft.
Minimum Building Setbacks:
Street Lot Line 50 ft.
Sidc Lot Line 0
Rear Lot Line 0
Lot Line Abutting an R Zoned Lot 50 ft.side
50 R.rear
Maximum Building Setbacks:
Street Lot Line Nonc
Landscaping in Setbacks Abutting a Residentially 20 ft.L L3. See Section 29.403
Zoned Lot
Maximum Building Coverage 50%
Minimum Iandscaned Area I5%
Maximum Height 100 ft,or nine stories
Parking Allowed Between Buildings and Streets Yes
Drive-Through Facilities Permitted Yes
Outdoor Display Permitted Limited to garden centers and similar accessory uses,
automotive and marine trade,in defined areas
Outdoor SIOra c Permitted No
Trucks and Equipment Permitted Yes
There was a mistake in the formatting of the Council-approved Ordinance No.
3928 in 2007 which only recently came to light. That Minimum Building Setback
row of the current table should read:
Minimum Building Setbacks
Street Lot line except in O-GNE 50 ft
Street Lot Line in O-GNE only As specified in approved master plan
Side Lot Line 0
Rear Lot Line 0
Lot Line Abutting an R Zoned Lot 50 ft. side
50 ft.rear
Recommendation of the Planning & Zoning Commission. At its meeting of
November 28, 2012, by a vote of 6-0, the Planning and Zoning Commission
recommended that the City Council adopt the draft ordinance as proposed to correct
this error.
ALTERNATIVES:
1. The City Council can approve the attached zoning code text amendment to correct
the Rear Lot Line setback requirements in Table 29.805(3).
2. The City Council can chose not to adopt the proposed text amendment.
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MANAGER'S RECOMMENDED ACTION:
Staff believes that the proposed amendment returns the code regarding rear setbacks
to the intent of the ordinance prior to the 2007 amendments. As currently written, the
requirement is ambiguous and open to wide interpretation.
Therefore, it is the recommendation of the City Manager that the Council accept
Alternative No. 1, thereby approving the attached zoning code text amendment to
correct the Rear Lot Line setback requirements in Table 29.805(3).
SAPLAN_SHR\Council Boards Commissions\CC\Text Amendments\PRC_Setbacks_Cleanup-12-11-12.docx
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY REPEALING SECTION 29.805 TABLE 29.805(3)
ENACTING A NEW SECTION 29.805 TABLE 29.805(3)THEREOF,FOR
THE PURPOSE OF CORRECTING A FORMATTING ERROR ;
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.
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 Section 29 Table 29.805(3)and enacting a new Section 29 Table 29.805(3) as follows:
"Sec.29.805."PRC"PLANNED REGIONAL COMMERCIAL.
(3) Zone Development Standards. The zone development standards for the PRC Zone are set forth in
Table 29.805(3)below:
Table 29.805(3)
Planned Regional Commercial(PRC)Zone Development Standards
DEVELOPMENT STANDARDS PRC ZONE
Minimum Lot Area One Acre
Minimum Lot Frontage except in the O-GNE 50 ft.
Minimum Lot Frontage for O-GNE only 50 ft.or cross-access easement agreements to which the City is
a parry for the limited purposes of modification or termination
of the legal access rights
Minimum Building Setbacks:
Street Lot Line except in the O-GNE 50 ft.
Street Lot Line O-GNE only As specified in approved master plan
Side Lot Line 0
Rear Lot Line 0
Lot Line Abutting an R Zoned Lot 50 ft.side
50 ft.rear
Maximum Building Setbacks:
Street Lot Line None
Landscaping in Setbacks Abutting a Residentially 20 ft.@ L3. See Section 29.403
Zoned Lot
Maximum Building Coverage 50%
Minimum Landscaped Area 15%
Maximum Height 100 ft.or nine stories
Parking Allowed Between Buildings and Streets Yes
Drive-Through Facilities Permitted Yes
Outdoor Display Permitted Limited to garden centers and similar accessory uses,
automotive and marine trade,in defined areas
Outdoor Storage Permitted No
Trucks and Equipment Permitted Yes
(Ord.. No. 3899, 02-13-07; Ord. No. 3928, 07-24-07)"
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
Diane R. Voss,City Clerk Ann H. Campbell,Mayor