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Home My WebLink AboutA002 - Council Action Form dated November 15, 2016 ITEM # 28 DATE: 11-15-16 COUNCIL ACTION FORM SUBJECT: CLUBHOUSE WITHIN FS-RIVI ZONING DISTRICT BACKGROUND: The City Council recently approved an amendment to the Zoning Ordinance to allow for clubhouses as an accessory use with the FS-RM zoning district. Council completed the first reading of the ordinance on August 9th and the third reading on September 13th and the ordinance was subsequently published. After publication and printing of the ordinance, staff discovered that the wrong table of uses was included in the adopted ordinance. The FS-RL table of uses was used inadvertently, and it now includes the change which had been meant for the FS-RM table. A change just to the FS-RM was what had been intended. The following change was the intended amendment and was what was approved by the City Council based upon the recommendation in the Council Action Form: Chapter 29 FS-RM Table 29.1202(4)-2 Household Living Accessory Use Status Approval Required Approval Authority Clubhouse -NY --SDP Maior --City Council ALTERNATIVES: 1. The City Council can approve on first reading ordinances to correct this scrivener's error, and to amend the Zoning Ordinance to allow a clubhouse as an accessory use within the FS-RM zoning district subject to approval of a Major Site Development Plan. Staff also requests second and third reading for approval of. the ordinance. 2. The City Council can decide not to approve on first reading an these ordinances to correct this scrivener's error. However, this decision will elongate the amendment process requiring the restarting of the whole approval process. MANAGER'S RECOMMENDED ACTION: The proposed ordinance corrects an unintended error in the previous ordinance. Due to City Council's pervious review of this item and direction to make the amendment to the FS-RM zoning district, it is important to correct the scrivener's error to allow for projects to proceed in conformance to the Zoning Ordinance. Therefore, it is the recommendation of the City Manager that the City Council accept Alternative #1, thereby approving the text amendment allowing for clubhouses within FS-RM zoning and passing the ordinance on all three readings. 1 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY REPEALING SECTION 29 TABLE 1202(4)-2 AND ENACTING A NEW SECTION 29 TABLE 1202(4)-2 THEREOF, FOR THE PURPOSE OF ALLOWING FOR CLUBHOUSES WITHIN FS-RM ZONING; 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 1202(4)-2 and enacting a new Section 29 Table 1202(4)-2 as follows: "Table 29.1202(4)-2 Suburban Residential Floating Zoning Residential Medium Density(FS-RM)Uses USE CATEGORIES APPROVAL APPROVAL STATUS REQUIRED AUTHORITY RESIDENTIAL USES Group Living N,except Hospices,Assisted SP ZBA Living,and Nursing Homes, permitted by Special Permit. Household Living Single Family Dwelling Y ZP ZEO Two Family Dwelling Y ZP ZEO Single Family Attached Dwelling.Front Driveway Y SDP Minor Staff Access (5 units or less) Single Family Attached Dwelling.Rear Driveway Y SDP Minor Staff Access (12 units or less) Apartment Dwelling 12 units or less) Y SDP Major City Council Family Home Y ZP ZEO Independent Senior Living Facility Y SP ZBA unlimited number of units) Household Living Accessory Uses Home Office Y HO ZBA/Staff Home Business Y HO ZBA/Staff Clubhouse Y SDP Ma'or City Council Short Term Lodging N,except Bed and Breakfast HO ZBA ermitted as a Home Occupation. OFFICE USES N - TRADE USES Retail Sales and Services General N - Entertainment,Restaurant and Recreation Trade N INSTITUTIONAL USES Colleges&Universities Y SP ZBA Community Facilities Y ISP JZBA Funeral Facilities Y ISP JZBA Child Day Care Facilities Y HO or SP Staf&ZBA (depending on size) Medical Centers N Religious Institutions Y SP ZBA Schools Y SP ZBA Social Service Providers Y SP ZBA TRANSPORTATION,COMMUNICATIONS& UTILITY USES Basic Utilities Y SDP Major City Council Essential Public Services Y SP ZBA Radio&TV Broadcast Facilities N --- --- Parks&Open Areas Y 1SDP Minor Staff Personal wireless Communication Facilities Y ISP JZBA Y=Yes: permitted as indicated by required approval. N=No: prohibited SP=Special Use Permit required: See Section 29.1503 ZP=Building/Zoning Permit required: See Section 29.1501 SDP Minor=Site Development Plan Minor: See Section 29.1502(3) SDP Major=Site Development Plan Major: See Section 29.1502(4) HO=Home Occupation ZBA=Zoning Board of Adjustment ZEO=Zoning Enforcement Officer (Ord. No. 3825, 03-22-05; Ord. No. 4188, 7-22-14.)" 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 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTION 29 TABLE 1202(4)-1 THEREOF, AND ENACTING SECTION 29 TABLE 1202(4)-1 FOR THE PURPOSE OF CORRECTION OF ORDINANCE 4269; 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 C6de of the City of Ames,Iowa shall be and the same is hereby amended by repealing Section 29 Table 1202(4)-1 and enacting a new Section 29 Table 1202(4)-1 as follows: Table 29.1202(4)-1 Suburban Residential Floating Zoning Residential Low Density(FS-RL)Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Group Living N Household Living Single Family Dwelling Y ZP ZEO Two Family Dwelling Y,if re-existing ZP ZEO Single Family Attached Dwelling.Front Driveway Y SDP Minor Staff Access (5 units or less Single Family Attached Dwelling.Rear Driveway Y SDP Minor Staff Access (12 units or less) Apartment Dwelling(12 units or less) N - Family Home Y ZP ZEO Household Living Accessory Uses Home Office Y HO ZBA/Staff Home Business Y HO ZBA/Staff Clubhouse N - Short-term Lodging N,except Bed and Breakfast HO ZBA/Staff permitted as a Home Occupation. OFFICE USES N - TRADE USES Retail Sales and Services General N Entertainment,Restaurant and Recreation Trade N - INSTITUTIONAL USES Colleges&Universities Y SP ZBA Child Day Care Facilities Y SP ZBA Community Facilities Y SP ZBA Medical Centers N Religious Institutions Y SP ZBA Schools Y SP ZBA Social Service Providers N TRANSPORTATION,COMMUNICATIONS& UTILITY USES Basic Utilities Y SDP Major City Council Radio&TV Broadcast Facilities N -- --- Parks&Open Areas Y SDP Minor Staff Essential Public Services Y SP ZBA Personal Wireless Service Facilities Y SP ZBA Y=Yes: permitted as indicated by required approval. N=No: prohibited SP=Special Use Permit required: See Section 29.1503 ZP=Building/Zoning Permit required: See Section 29.1501 SDP Minor=Site Development Plan Minor: See Section 29.1502(3) SDP Major=Site Development Plan Major: See Section 29.1502(4) HO=Home Occupation ZBA=Zoning Board of Adjustment ZEO=Zoning Enforcement Officer (Ord. No. 3825, 03-22-05;Ord. No. 4188, 7-22-14)." 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