HomeMy WebLinkAboutA002 - Commission Action Form dated February 17, 2016 ITEM # 10
DATE 02-17-16
COMMISSION ACTION FORM
SUBJECT: ZONING TEXT AMENDMENTS RELATING TO MINIMUM FAR AND
HEIGHT REQUIREMENTS FOR INSTITUTIONAL USES REQUIRING
SPECIAL USE PERMITS IN THE DSC AND CSC ZONING DISTRICTS
BACKGROUND:
Representatives of the United Church of Christ (UCC) desire to construct an addition to
their facility at 217 6t" Street. In support of this effort, they have applied for rezoning of
their property from Neighborhood Commercial (NC) zoning district to Downtown Service
Center (DSC) zoning district. The representatives of UCC believe the change to DSC
zoning will better align with the use of the property and proposed expansion they would
like to complete. In addition to the rezoning, UCC also seeks a text amendment to the
Downtown Service Center (DSC) zoning district to amend the development standards
language for minimum floor area and height requirements to help further accommodate
their needs with regard to the proposed project.
City Council consented to initiate a zoning text amendment at its January 26, 2016
meeting. City Council directed staff to draft an ordinance that would meet the interests
of UCC by allowing uses subject to a Special Use Permit to be exempt from minimum
floor area ratio (FAR) and two-story height requirements. In addition to addressing the
issue for DSC, Council also directed that the same types of considerations be reviewed
for CSC zoning due to similar minimum height and FAR requirements as DSC. The
proposed changes would affect Sections 29.808(3) and 29.809(3) of the Municipal
Code. The existing ordinance and the proposed changes are found in Attachment A.
The first proposed amendment adds language into the development standards table in
29.808(3) by noting the approval process for uses that require a Special Use Permit
may allow for a proposed project to not meet FAR and minimum height requirements in
the DSC zoning district. The proposed language is the same for the CSC zoning district
with language added to table 29.809(3). In staff's opinion, the key consideration of
exempting a use that is subject to the Special Use Permit process is that the
issues of context and compatibility will still be addressed within the criteria of the
Special Use Permit. While formal compliance is not required, a project must
address the issue "main street" character in review of the project.
The proposed exemption language is:
[11 The Zoning Board of Adjustment may determine through review of a use subject to
approval of a Special Use Permit Use that such a proposed use and design is
compatible in character with its surrounding and is exempt from meeting minimum FAR
and minimum.
Exempting uses subject to Special Use Permits would have limited applicability as the
range of uses that it applies to is limited. Special Use Permits generally apply to
institutional and miscellaneous uses, but not to trade, office, or entertainment
uses. This means that commercial uses will still be required to meet the minimum FAR
and Height requirements.
The Special Use Permit process would allow for a case-by-case review by the Zoning
Board of Adjustment of how such a use would fit within its surroundings and meet the
purpose and objectives of the zoning district. Under this option, the focus of the Special
Use Permit would not be specifically on the FAR and building height, but would relate to
certain approval criteria. Attachment B includes the Special Use Permit criteria that
apply specifically to this type of scenario from both the general criteria and commercial
criteria found in 29.1504(4)(a)(c).
Staff initially considered alternative approaches that had broader implications of creating
an exception process for all types of businesses, not just Special Use Permits, and a
more limited option that addressed only additions. There is existing exception process
language for minimum height that has not been altered by the proposed amendments.
It remains in place due to its applicability to any use in the DSC or CSC, not just the
Special Use Permit types of uses.
ALTERNATIVES:
1. The Planning & Zoning Commission can recommend that the City Council adopt the
proposed amendments regarding minimum FAR and building height in the DSC and
CSC zoning districts with regard to uses requiring a special use permit.
2. The Planning & Zoning Commission can recommend the City Council decline to
adopt the proposed amendments regarding required minimum FAR and building
height in the DSC and CSC zoning districts with regard to uses requiring a special
use permit.
3. The Planning & Zoning Commission can recommend alternative language for the
proposed amendments regarding fences.
RECOMMENDED ACTION:
These changes add an exception to development standards for uses requiring a Special
Use Permit in the DSC and CSC zone regulations. The intent is to provide for the ability
of such uses that may be non-compliant with minimum required FAR and height
requirements to use their property and make changes to such property in a manner that
protects their unique operating needs within a commercial district while still providing for
oversight of each use via the Special Permit Process. Therefore, it is the
recommendation of the Department of Planning and Housing that the Planning
and Zoning Commission act in accordance with Alternative #1.
S.\Planning.Dep\PLAN_SHR\Council Boards Commissions\PDCommission Action Forrrs\Text Amendments\FAR&Height in DSC&CSC,02-17-16.docx
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ATTACHMENT& PROPOSED LANGUAGE
(Proposed Changes are in bold lettering)
Section 29.808 (3)
29.808 - DSC Zone Development Standards
(3) Zone Development Standards. The zone development standards for the DSC Zone are set forth in T
able 29.808(3)below:
Table 29.808(3)
Downtown Service Center (DSC) Zone Development Standards
DEVELOPMENT STANDARDS DSC ZONE
Minimum FAR 1.0[1]
Minimum Lot Area No minimum,except for mixed uses,which shall provide 250 sf of lot area for
each dwelling unit
Minimum Lot Frontage No minimum,except for mixed uses,which shall provide 25 ft.
Minimum Building
Setbacks:
Front Lot Line 0
Side Lot Line 0
Rear Lot Line 0
Lot Line Abutting a 10 ft.
Residentially Zoned Lot
Landscaping in Setbacks 5 ft.@ L3. See Section 29.403
Abutting an R Zoned Lot
Maximum Building Coverage 100%
Minimum Landscaped Area No minimum
Maximum Height 7 stories
Minimum Height 2 Stories[1]
Parking Allowed Between No
Buildings and Streets
Drive-Through Facilities Permitted Yes
Outdoor Display Permitted Yes. See Section 29.405
Outdoor Storage Permitted No
Trucks and Equipment Permitted Yes
(4) Standards for the Granting of Exceptions to the Minimum Requirement for Two Story
Buildings in the DSC(Downtown Service Center)District. Before an exception to the requirement for two-story
buildings in the DSC (Downtown Service Center)can be granted,The Zoning Board of Adjustment shall estab
lish that the following standards have been, or shall be satisfied:
(a) Standards. The Zoning Board of Adjustment shall review each application for the
purpose of determining that each proposed one-story building,in the DSC zone, meets the following standards:
0) Physical circumstances exist for the property which result in a lot with a size
and shape that is not conducive to a multi-story structure,and
(ii) It can be demonstrated that there is a direct benefit to the community to have a
one-story structure,at the proposed location, as opposed to a multi-story structure.
(b) Procedure.The procedure to follow for an "exception" is described in
Section 29.1506(3).
(Ord. No.3815, 12-21-04; Ord. No. 3872, 03-07-06)
[11 The Zoning Board of Adjustment may determine through review of a use subject to approval of
a Special Use Permit Use that such a proposed use and design is compatible in character with its
surrounding and is exempt from meeting minimum FAR and minimum.
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CHAPTER 29.809(3)
(3) Zone Development Standards.The zone development standards for the CSC Zone are set forth in
Table 29.809(3)below:
Table 29.809(3)
Campustown Service Center(CSC)Zone Development Standards
DEVELOPMENT STANDARDS CSC ZONE
Minimum FAR 1.0 1
Minimum Lot Area No minimum,except for mixed uses,which shall provide 250 sf of lot
area for each dwelling unit
Minimum Lot Frontage No minimum,except for mixed uses,which shall provide 25 ft.
Minimum Building Setbacks:
Front Lot Line 0
Side Lot Line 0
Rear Lot Line 10 ft.
Lot Line Abutting a Residentially Zoned Lot 10 ft.
Minimum Landscaped Area No minimum
Landscaping in Setbacks Abutting an R Zoned 5 ft.@ L3.See Section 29.403
Lot
Maximum Building Coverage 100%
Openings between buildings In order to provide access for vehicles and/or utilities to the interior of
the block,there shall be a twenty foot wide opening between buildings,
at the approximate mid-point of each face of each block. In addition to
this mid-block areaway or drive,any lot without other means of access
from a public street or alley may have one driveway from the street of
up to 20-ft in width.
Minimum Height 25 feet 1
Maximum height in portions of CSC bounded 115 feet
by:
Lincoln Way
Stanton Avenue
Hunt Street
Hayward Avenue
Maximum height within fifteen(15)feet of the 30 feet,except buildings of three stories height or fewer with frontage
right-of-way lines of: on Lincoln Way and without residential use
Lincoln Way from Hayward Avenue to
Stanton Avenue
Welch Avenue from Lincoln Way to
Chamberlain Street
Maximum Height in all other locations 75 feet.
Parking Allowed Between Buildings and No
Streets
Windows More than 50%of the area of primary or secondary facade between the
ground line and the second floor line shall be windows that allow views
into the interior space or be a display window.
Building Materials Clay brick shall comprise more of the exterior wall surface of the
building than any other material. Exterior surface does not include
windows or doors or their trim. This requirement does not apply to
additions to buildings which do not have brick as an exterior material.
Entrance There shall be at least one functional pedestrian entrance facing a street.
Balconies There shall be no exterior balconies above the third floor.
Site materials No rocks,brick fragments or other hard,loose material over%-inch in
size shall be used.
Drive-Through Facilities Permitted Yes
Outdoor Display Permitted Yes,See Section 29.405
Outdoor Storage Permitted No
Trucks and Equipment Permitted Yes
(4)Standards for the Granting of Exceptions to the Minimum Requirement for Two Story Buildings in
the CSC(Campustown Service Center)District.Before an exception to the requirement for two-story buildings
in the CSC(Campustown Service Center)can be granted,the Zoning Board of Adjustment shall establish that the
following standards have been,or shall be satisfied:
(a)Standards.The Zoning Board of Adjustment shall review each application for the purpose of
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determining that each proposed one-story building,in the CSC zone,meets the following standards:
(i)Physical circumstances exist for the property which result in a lot with a size and shape that is
not conducive to a multi-story structure,and
(ii)It can be demonstrated that there is a direct benefit to the community to have a one-story
structure,at the proposed location,as opposed to a multi-story structure.
(b)Procedure.The procedure to follow for an"exception"is described in Section 29.1506(3).
(5)Compliance.New buildings shall be constructed in full compliance with the above standards for building
design.In building additions or remodeling it is not required that the entire building be brought into full
compliance with the above standards for building design.It is only required that the addition or remodeling
comply.It is required that the addition or remodeling does not have the effect of increasing the level or degree
of nonconformity of the building as a whole.
(Ord.No.3872, 03-07-06)
[1] The Zoning Board of Adjustment may determine through review of a use subject to approval of
a Special Use Permit Use that such a proposed use and design is compatible in character with its
surrounding and is exempt from meeting minimum FAR and minimum.
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Attachment B
Special Use Permit General Criteria 29.1504(4)(a)
(i) Be harmonious with and in accordance with the general principles and
proposals of the Land Use Policy Plan of the City;
(ii) Be designed, constructed, operated, and maintained so as to be harmonious
in appearance with the existing or intended character of the general vicinity and
that such a use will not change the essential character of the area in which it is
proposed;
Special Use Permit Commercial Criteria 29.1504(4)(c)
(i) Be compatible with the potential commercial development and use of property
planned to occur in area;
(ii) Represent the sufficiently desirable need for the entire community that the
loss of commercial land is justifiable in relation to the benefit; and
(iii) Be consistent with all other applicable standards in the zone.
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