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Home My WebLink AboutA003 - Council Action Form dated July 9, 2013 ITEM # 21 DATE: 7-9-13 COUNCIL ACTION FORM SUBJECT: ZONING ORDINANCE TEXT AMENDMENT TO DOWNTOWN SERVICE CENTER USE TABLE BACKGROUND: On October 9, 2012, Ordinance 4125 was enacted amending the Use Table for the Downtown Service Center Zoning District to permit Household Living in the first story of a building. In that ordinance, all of the information in the Approval Required and Approval Authority columns below Household Living was unintentionally shifted down one row. In the following segment of this table, "Retail Sales and Service-General" has "Y" in the STATUS column, yet the APPROVAL REQUIRED and APPROVAL AUTHORITY columns are blank. The row below has "N" in the STATUS column, but does have information in the APPROVAL REQUIRED and APPROVAL AUTHORITY columns. The "Entertainment, Restaurant and Recreation Trade" row has "Y" in the STATUS column, but has "—" in the APPROVAL REQUIRED and APPROVAL AUTHORITY columns, which belong in the row directly below. These errors continue throughout the rest of this use table. able 29.808(2) Doi%ntoii n Service Center(DSC)Zone Uses USE ('A I E(:ORl STATUS 1PPROVAL REQUIRED APPROVAL Ali l 110M Il ESIDEV FlAL USES Troup Living 14 ousehold Living 14,except n combination with SDP Minor I'f fitted non-residcntial use or ises,in which case 75%Household iving shall be located above the first story,and at least the front ()%of the first story must be maintained for non-residential use. hort-term Lodgings DP MINOR AFF )H H ICE USES Y 3DP MINOR `rAFF I*P,%DE USES 3DP MINOR `rAFF ctail Sales and Services- ieneral etail Trade-Automotive, N 3DP MINOR STAFF tc. 'ntertainment,Restaurant Y - nd Recreation Trade Vholesale Trade N 3DP MINOR i �f f Since this affects regulation of all uses in this commercial zoning district, it is important to correct the table as quickly as possible. The corrected portion is shown below. 1 Table 29.808(2) Downtown Serwice Center(DSQ Zone t`ses USE CATEGORY STATUS APPROVAL -APPROVAL REQUIRED ALTHORITl- RESIDEN H 41 USES Group Luting _N -- -- Household Living N,except in combination SDP MINOR STAFF «ith permitted non- residential use or uses,in which case 75%Household Luting shall be located above the first story_and at least the front 50%of the first story must be maintained for non- residential use. Short-term Lodgings Y SDP MiNoR STAFF OFFICE USES Y SDP NiiNoR STAFF TRADE USES Retail Sales and Y SDP MINOR STAFF Senices-General Retail Trade- N -- -- Automotive.etc. Entertainment. Y SDP MINOR STAFF Restaurant and Recreation Trade Wholesale Trade N — — n-DUSTRI AL.USES Industrial Senice N -- -- rI STITLTIO\AL USES Colleges and Y SP ZBA tint--ersities Community Facilities Y SDP NbNoR STAFF Social Senice Y SP ZBA Providers Medical Centers N -- ALTERNATIVES: 1. The City Council can approve the zoning text amendment to Table 29.808(2) to correct the Downtown Service Center Use Table. 2. The City Council can not approve the zoning text amendment to Table 29.808(2) to correct the Downtown Service Center Use Table. 3. The City Council can refer the proposed zoning text amendments back to staff for further information. 2 MANAGER'S RECOMMENDATION: Neither the Commission Action Form or the Whereas section of Ordinance No. 4125 referred to these changes in the Downtown Service Center Use Table. These changes created unintentional and major changes in this zoning district, which are currently in effect. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 thereby approving the attached zoning text amendment to Table 29.808(2) to correct the Downtown Service Center Use Table. 3 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY REPEALING TABLE 29.808(2),AND ADOPTING NEW TABLE 29.808(2)FOR THE PURPOSE OF TEXT AMENDMENTS; 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 Table 29.808(2),and adopting a new Table 29.808(2),to read as follows: Table 29.808(2) Downtown Service Center(DSQ Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Group Living N_ -- -- Household Living N,except in combination SDP MiNoR STAFF with permitted non- residential use or uses,in which case 75%Household Living shall be located above the first story,and at least the front 50%of the first story must be maintained for non- residential use. Short-term Lodgings Y SDP MINOR STAFF OFFICE USES Y SDP MINOR STAFF TRADE USES Retail Sales and Y SDP MINOR STAFF Services-General Retail Trade- N -- -- Automotive,etc. Entertainment, Y SDP MINOR STAFF Restaurant and Recreation Trade Wholesale Trade N INDUSTRIAL USES Industrial Service N - -- INSTITUTIONAL USES Colleges and Y SP ZBA Universities Community Facilities Y SDP MINOR STAFF Social Service Y SP ZBA Providers Medical Centers N -- -- Parks and Open Areas Y SDP MiNoR STAFF Religious Institutions Y SP ZBA Schools N -- -- TRANSPORTATION, COMMUNICATIONS AND UTILITY USES Passenger Terminals Y SDP MiNoR STAFF Basic Utilities Y SDP MAJOR CITY COUNCIL Commercial Parking Y SDP MiNoR STAFF Radio and TV Y SP ZBA Broadcast Facilities Rail Line and Utility Y SP ZBA Corridors Railroad Yards N -- -- MISCELLANEOUS USES Commercial Outdoor N - - Recreation Child Day Care Y SP ZBA Facilities Detention Facilities N Major Event Y SP ZBA Entertainment Vehicle Service N - - 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 Diane R.Voss,City Clerk Ann H. Campbell,Mayor