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HomeMy WebLinkAboutA001 - Commission Action Form dated February 17, 2016 ITEM # 11 DATE 02-17-16 COMMISSION ACTION FORM SUBJECT: ZONING TEXT AMENDMENT TO ADD FUNERAL HOMES AS AN INSTITUTIONAL USE ALLOWED IN THE DOWNTOWN SERVICE CENTER (DSC) ZONING DISTRICT BACKGROUND: Adams Funeral Home located at 502 Douglas Avenue has requested a text amendment referral of City Council to address the matter of funeral homes not being an allowed use within the Downtown Service Center (DSC) zone. City Council referred the text amendment request to Planning & Housing Department. Adams has been located at 502 Douglas Avenue for several decades. The funeral home use predates the current zoning designation that has been in place since 2000, in fact the structure itself appears to date back to the 1920s. Adams Funeral Home has requested this text amendment referral to address issues related to their use as non-conforming and how it limits their ability to use their site.. Given their long standing history and current existence in the DSC district, Adams believes it makes sense to include funeral homes as an allowed institutional use in the district. The proposed text amendment adds `Funeral Homes' to the allowed institutional uses and requires that a Special Use Permit be obtained to operate a funeral home within the DSC district as found in the development standards table in section 29.808(2). The special use permit process will then dictate how such a use would look and operate. Given that funeral homes operate and have differing needs from that of commercial businesses, the institutional categorization and Special Use Permit criteria would be a natural application for this type of facility. Categorizing a funeral home as a special use permit is also consistent with how such a use is treated in Highway Oriented Commercial zoning districts. The existing ordinance and the proposed changes are found in Attachment A. ALTERNATIVES: 1. The Planning & Zoning Commission can recommend that the City Council adopt the proposed amendment adding 'Funeral Home' to the list of institutional uses allowed in the DSC district and requiring a special use permit to operate a funeral home therein. 2. The Planning & Zoning Commission can recommend that the City Council deny the proposed amendment adding `Funeral Home' to the list of institutional uses allowed in the DSC district and requiring a special use permit to operate a funeral home therein. 3. The Planning & Zoning Commission can recommend alternative language for the proposed amendments. RECOMMENDED ACTION: The proposed change adds `Funeral Homes' to Institutional Use category of the DSC Zoning District regulations. This text amendment adds an allowable use that is not currently allowed in the DSC district. Additionally, it requires approval of Special Use Permit to operate such a facility. The Special Use Permit process provides for oversight of the funeral home use in an otherwise commercial district, which is important due to the unique attributes of such a use. Staff believes that the introduction of this newly allowed use as an institutional use would not adversely affect the DSC zone or the intended use and nature of the zone. In this instance it would help to sustain an existing business in the downtown area. 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\Coundl Boards Commissions\PZ\Commission Action Form s\Text Amendments\Funeral Homes as allowed use in DSC Zone,02-17-16.docx Attachment A Section 29.808(2) Downtown Service Center Zone Uses INSTITUTIONAL USES Colleges and Universities Community Facilities Social Service Providers Medical Centers Parks and Open Areas Religious Institutions Schools Funeral Homes