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HomeMy WebLinkAboutA002 - Memo dated March 22, 2018 with Commission Action Form CITY `:s Memo Department of Planning &Housing Caring People Quality Programs Exceptional Service - TO: Diane Voss, City Clerk FROM: Kelly Diekmann, Planning Director DATE: March 22, 2018 SUBJECT: Text Amendment for Temporary Deferral Demolition&Development Overlay The Planning and Zoning Commission took action on the above-mentioned amendment to the Zoning Ordinance at its meeting of March 21, 2018. The City Council will be reviewing this proposed amendment at its meeting of March 27, 2018. I have attached a copy of the Commission Action Form dated March 21, 2018. Please contact me at extension 5400 if you have any questions regarding this agenda item. KD\alc Attachment S:\Planning.Dep\PLAN_SHR\Council Boards Commissions\PZ\Letters & Memos\2018\Memo to Clerk for ZTA for Temporary Deferral Demolition& Development Overlay.doc ITEM # 6 DATE 3-21-18 COMMISSION ACTION FORM SUBJECT: ZONING TEXT AMENDMENT TO TEMPORARY DEFERRAL ON DEMOLITION AND DEVELOPMENT OVERLAY SECTION 29.1108 OF THE AMES MUNICIPAL CODE BACKGROUND: The City enacted in 2004 a zoning overlay for the purpose of creating a temporary moratorium. Section 29.1108 Temporary Deferral on Demolition and Development Overlay was created at the time the City was reviewing zoning standards for University Impacted neighborhoods. When the Overlay was written it was structured to restrict the issuance of building permits for additions and construction of new structures with an end date of January 2005. Minor text amendments are needed to the language of the overlay to apply it to properties at this time. Staff proposes the following edits to the language of the Overlay. Strikeout and underline notation is used for deletions and additions to the language. Sec. 29.1108 TEMPORARY DEFERRAL ON DEMOLITION AND DEVELOPMENT (1)The purpose of this section is to provide a temporary means to preserve principal buildings in an area that currently lacks zoning standards that ensures new development is compatible with existing and planned surfounding development. (2)The provisions of this section may be made applicable to an area by amending the Official Zoning Map to show the applicability of this section as an overlay to other applicable zoning regulations. (3) In any area to which this section has been made applicable as aforesaid, the demolition or removal of a principal building, or any part of a principal building, is prohibited except when done with respect to a building that has been found and declared to be a"dangerous building"by the City Building Official under the standards and provisions of the City Building Code. (4) In any area to which the section is applicable,the approval of a Site Development Plan or a Building/Zoning Permit for the following is prohibited: (a) construction of a new building, (b) construction of an addition that extends the exterior dimensions of a building, (c) the addition of one or more stories to an existing building. (5)The provisions of this section shall be in effect with respect to an area designated as aforesaid until the specified date in the ordinance establishing the Overlay first day of r.,.,,,ary, 2005, at which date this section shall become null, void and of no future effect. 1 ALTERNATIVES: 1. The Planning & Zoning Commission can recommend that the City Council adopt the proposed amendments to the Temporary Deferral on Demolition and Development Overlay. 2. The Planning & Zoning Commission can recommend alternative language for the proposed amendment. RECOMMENDED ACTION: The intent of the Overlay is to ensure that changes to properties for either the demolition of principal buildings or the development of principal buildings are temporarily deferred. The language of the Overlay would permit remodeling of existing buildings and for use of properties consistent with the underlying base zone. The proposed text amendments are needed to allow for the Overlay to be applied to property at this time. The proposed language allows for the date of the Overlay's expiration to be set by rezoning ordinance rather than by future Zoning Ordinance text amendments. Therefore, the Planning and Housing Director recommends Alternative #1. 2