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Home My WebLink AboutA001 - Council Action Form dated October 24, 2017 ITEM # 27 DATE: 10-24-17 COUNCIL ACTION FORM SUBJECT: CORRECTING AN ERROR IN TEXT AMENDMENT IN RESIDENTIAL LOW DENSITY AND URBAN CORE RESIDENTIAL MEDIUM ZONES IN THE GROUP LIVING USE CATEGORY. BACKGROUND: The City Council approved an amendment to the Zoning Ordinance to allow for Supervised Transitional Homes under the Group Living category in Residential Low Density and Urban Core Residential Medium zones in January of this year. The text amendment also reformatted the use tables, specifically for Group Living. Staff recently discovered that the ordinance did not transfer that language explaining that existing facilities are permitted, but new facilities are not. Staff proposes to add the term "if pre-existing" to correct this omission. The RL and UCRM table of uses were included in the ordinance. The following change was the intended amendment. Chapter 29 RL Table 29.701(2) & UCRM Table 29.703(2) Group Living Staus Approval Required Approval Authority Residences for the physically disabled, Y, if nre_ SP ZBA mentally retarded or emotionally existing. disturbed which do not meet the definition of Family Home. ALTERNATIVES: 1. The City Council can approve on first reading an ordinance to correct a scrivener's error and amend the Zoning Ordinance to include "if pre-existing" to the residential use under Group Living of residences for the mentally or physically disabled. (Staff also requests second and third reading for approval of the ordinance as a correction of a Scrivener's Error) CITY MANAGER'S RECOMMENDED ACTION: The proposed ordinance is to address an unintended error in the previous ordinance. Due to City Council's previous review of this item and direction to make the amendment to the RL and UCRM zoning districts, it is important to correct the scrivener's error to allow for appropriate 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 adding "If pre- existing" to language under Group Living addressing residences for the mentally and physically disabled. 1 C ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY ENACTING A NEW SECTION 29.701(2)TABLE AND SECTION 29.703(2) TABLE THEREOF, FOR THE PURPOSE OF TEXT AMENDMENT 29.701(2), 29.703 (2) INSERTION OF "IF PRE- EXISTING" UNDER GROUP LIVING; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; 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 Text Amendment 29.701(2),29.703 (2)insertion of"if pre-existing"under Group Living as follows: "Sec.29.701. "RL" RESIDENTIAL LOW DENSITY. (2) Permitted Uses. The uses permitted in the RL Zone are set forth in Table 29.701(2)below: Table 29.701(2) Residential Low Density(RL)Zone Uses APPROVAL APPROVAL USE CATEGORIES STATUS REQUIRED AUTHORITY RESIDENTIAL USES Group Living Residences for the physically disabled,mentally Y,ifpre-existing. SP ZBA retarded or emotionally disturbed which do not meet the definition of Family Home Supervised Transitional Home Y,subject to Section 29.1314 ZP Staff Household Living Single Family Dwelling Y ZP ZEO Two Family Dwelling Y,if pre-existing. ZP ZEO Single Family Attached Dwelling N 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 or HO, ZBA APPROVAL APPROVAL USE CATEGORIES STATUS REQUIRED AUTHORITY depending on the size Community Facilities Y SP ZBA Medical Centers N Religious Institutions Y SP ZBA Schools Y SP ZBA Social Service Providers Y,if re-existing SP ZBA 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. 3591, 10-10-00; Ord.No. 4286, 1-10-17) Sec.29.703. "UCRM" URBAN CORE RESIDENTIAL MEDIUM DENSITY ZONE. (2) Permitted Uses. The uses permitted in the UCRM Zone are set forth in Table 29.703(2)below: Table 29.703(2) Urban Core Residential Medium Density(UCRM)Zone Uses APPROVAL APPROVAL USE CATEGORIES STATUS REQUIRED AUTHORITY RESIDENTIAL USES Group Living Residences for the physically disabled,mentally Y,if pre-existing. SP ZBA retarded or emotionally disturbed which do not meet the definition of Family Home Supervised Transitional Home Y,subject to Section 29.1314 ZP Staff Household Living Single Family Dwelling Y ZP ZEO Two Family Dwelling Y,if re-existing ZP ZEO Single Family Attached Dwellings (2 units only) Y,if pre-existing SDP Minor Staff Apartment Dwelling(12 units or less) Y,if re-existing SDP Minor staff Former School Building Converted for Use as an Y AR City Council Apartment Dwelling Family Home Y ZP ZEO Household Living Accessory Uses Home Office Y HO ZBA/Staff APPROVAL APPROVAL USE CATEGORIES STATUS REQUIRED AUTHORITY 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 Community Facilities Y SP ZBA Funeral Facilities N Child Day Care Facilities Y HO or SP Staff/ZBA (depending upon size) Medical Centers N Religious Institutions Y SP ZBA Schools Y SP ZBA Social Service Providers Y,only if pre-existing 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 SDP Minor Staff Personal Wireless Communication 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 AR = Adaptive Reuse approval required:See Section 29.306 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. 3591, 10-10-00; Ord.No. 4153, 7-16-13; Ord. No. 4286, 1-10-17)" Section Two. All ordinances, or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. A , e Passed this day of Diane R.Voss,City Clerk Ann H. Campbell,Mayor