HomeMy WebLinkAboutA004 - Council Action Form dated March 22, 2016 ITEM # 42
DATE 03-22-16
COUNCIL ACTION FORM
SUBJECT: ZONING TEXT AMENDMENTS RELATED TO MINIMUM FLOOR AREA
RATION 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 - 6th Street. In support of this effort, they have applied for rezoning of
their property from the Neighborhood Commercial (NC) zoning district to the Downtown
Service Center (DSC) zoning district. The UCC representatives believe the change to
DSC zoning will better align with the use of the property and proposed expansion they
would like to complete. UCC is seeking 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. 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.
There is an existing exception process 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.
The text amendment adds language to the DSC 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.
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.
Additionally, special use permit uses are generally unique in either how they
operate or how they are configured compared to typical commercial trade and
office uses. While formal compliance is not required, a project must address the
purpose of the zoning district and the issue of "main street" character in review
of the project.
Exempting uses subject to Special Use Permits would have limited applicability as the
range of uses that it applies to is a short list. 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 and cannot request a special use permit to get an exception
from the minimum 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).
At its February 17th meeting, the Planning & Zoning Commission discussed the text
amendment, why such a specific change was needed, and how it would affect the
intended character and development in DSC and CSC zoning districts. Ultimately the
Commission voted to recommend the City Council adopt the proposed new language to
29.808(3) and 29.809(3).
ALTERNATIVES:
1. The City Council can on first reading approve the ordinance allowing for special uses
to be approved with an exception to the minimum FAR and building height in the
DSC and CSC zoning districts.
2. The City Council can 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 City Council can recommend alternative language for the proposed
amendments regarding fences.
CITY MANAGERS RECOMMENDATION:
The proposed changes add an exception for FAR and height requirements 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 City Manager that th
e CityCouncil approve
, Y 9 pp
Alternative #1 as described above.
ATTACHMENT A: 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] Except that 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 height.
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], Except that 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 height.
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 I 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:
(j) 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)
[1l Except that 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 height.
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], Except that 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
height.
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 atwenty 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 withou 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], Except that 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
height.
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 fewerwith frontage
right-of-way lines of: on Lincoln Way and witiout 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 fagade between the
round line and the second floor line shall be windows that allow views
into the interiors ace 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 notinclude
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
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] Except that 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 height.
Attachment B
Excerpts of Pertinent Special Use Permit Criteria
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