HomeMy WebLinkAboutA001 - Council Action Form dated March 27, 2018 ry
ITEM # 42
DATE: 03-27-18
COUNCIL ACTION FORM
SUBJECT: REZONING OF PROPERTY LOCATED WITHIN THE AREA PROPOSED FOR
DOWNTOWN GATEWAY COMMERCIAL ZONING GENERALLY DESCRIBED
AS PROPERTIES ALONG LINCOLN WAY AND SOUTH OF THE RAILROAD
BETWEEN GRAND AVENUE AND DUFF AVENUE FOR A TEMPORARY
DEFERRAL ON DEMOLITION AND DEVELOPMENT OVERLAY
BACKGROUND:
The City is in the process of creating new zoning standards for the Downtown Gateway
Commercial area that is generally described as properties along Lincoln Way and
between Grand Avenue and Duff Avenue as well as south of the railroad. The
Downtown Gateway Commercial zoning district is intended to implement the vision of
the Lincoln Way Corridor Plan for the Downtown Gateway Focus Area. The Planning
and Zoning Commission reviewed draft zoning standards at its February 7th meeting
and recommended to the City Council approval of the new zoning district. City Council
held a public hearing on March 6th for the creation of the Downtown Gateway
Commercial Zoning District and directed staff to provide more information concerning
nonconforming uses and structures within the proposed rezoning area prior to taking
action on the new zoning standards. City Council then directed staff to prepare a
moratorium on the approval of new development in the area while the City
Council continued to review the proposed new zoning standards.
The reasons for the moratorium were to ensure that a new use or development that
would not be in keeping with the intent of the Lincoln Way Corridor Plan would not occur
while the City Council reviewed specific zoning standards for the area. The proposed
new zoning would create new restrictions on specific vehicle oriented uses that are
incompatible with the redevelopment goals for the area. Additionally, a number of
existing uses may become nonconforming under the proposed Downtown Gateway
Commercial zoning standards.
To enact a moratorium for this area in relation to zoning standards requires approval of
a rezoning ordinance. A map of the proposed Overlay area is included as
Attachment 1. The proposed rezoning is for the application of the Temporary Deferral
on Demolition and Development Overlay with the current base zones of Highway
Oriented Commercial (HOC) and Downtown Service Center (DSC). Applying the
Overlay will prohibit the demolition of existing buildings and the construction of
new buildings or the expansion of buildings. The Overlay does not change the
range of permitted uses and does not prohibit maintenance and remodeling of
structures when the work does not require Site Development Plan approval.
Staff estimates the need for the Overlay will be for a term of approximately three
months. Staff intends to provide the requested Downtown Gateway Commercial
nonconforming information to the City Council in April. City Council can then choose
how to proceed with adopting new Downtown Gateway Commercial zoning standards.
Once direction is provided on adopting new standards, the property rezoning step will
also be initiated.
ALTERNATIVES:
1. The City Council approval of the proposed rezoning for _Temporary Deferral on
Demolition and Development Overlay as a temporary moratorium on the subject
properties within the proposed Downtown Gateway Commercial Area as shown
within Attachment 1 with an end date of July 2, 2018.
Staff requests second and third reading of the ordinance.
2. The City Council can modify the proposed boundaries of the Overlay rezoning.
3. The City Council can modify the duration of the of the Overlay rezoning.
This alternative should be selected if the Council wants the ending of the
moratorium to be earlier or later than July 2,d
4. The City Council can decline to adopt the Overlay rezoning.
CITY MANAGER'S RECOMMENDED ACTION:
Due to the sensitivity of creating new Downtown Gateway Commercial zoning
standards, it is important to ensure that properties are not redeveloped with
potentially incompatible uses and buildings while finalizing the details of the new
zoning district. The proposed overlay will result in a temporary moratorium and
prohibit both the demolition of structures and the construction of new structures.
Staff will be able to respond to the City Council request for information on potential
Downtown Gateway Commercial nonconformities at an April City Council meeting. This
would allow for City Council to provide direction on the language of the Downtown
Gateway Ordinance standards and for adoption of the Downtown Gateway Ordinance in
May with third reading in June. The proposed property rezoning would also occur in
May and June to coincide with the adoption of new standards and the duration of the
moratorium. Establishing the moratorium through July 2"d accommodates the described
schedule.
Therefore, it is the recommendation of the City Manager that the City Council approves
Alternative #1 thereby establishing the Overlay and setting an ending date for July 1,
2018.
2