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HomeMy WebLinkAboutA002 - Staff Report dated April 24, 2018 - #40 A & B ITEM # 40A&B Staff Report DOWNTOWN GATEWAY COMMERCIAL ZONING DISTRICT STANDARDS"AND NONCONFORMITIES April 24, 2018 BACKGROUND: The Downtown Gateway area is a Focus Area for redevelopment identified within the Lincoln Way Corridor Plan. The Downtown Gateway area is generally described as propertied on the north and south side of Lincoln Way extending from Grand Avenue to Duff Avenue (Attachment 1-Focus Area Boundary). The Corridor Plan identified redevelopment and repositioning of commercial properties in the market place to support a transition to more intense and urban development. To facilitate this desired change of the area, staff believes allowing for mixed-use residential development and reductions in parking requirements are beneficial. Additionally, any new zoning would need to strike a balance between accommodating commercial uses in traditional one and two-story buildings while allowing for multi-story redevelopment that includes housing versus mandating multi-story development for all sites. Staff proposes a new special purpose zoning district for the Downtown Gateway Focus area. The proposed zoning is a new district for the City and is not an overlay of the existing Highway Oriented Commercial (HOC) zoning district or Downtown Service Center (DSC) zoning district. The proposed special purpose district includes standards based upon site size and proposed uses with specific street frontage orientation and building requirements. The allowed uses are similar to those of the DSC zoning district rather than the Highway Oriented Commercial zoning distinct. The proposed changes create new categories of nonconformities for certain existing uses, site improvements regarding parking, and for the design/setbacks of structures in some circumstances. A complete description of the proposed standards is included in the addendum and the original draft ordinance is Attachment 2. City Council first reviewed the proposed Downtown Gateway Commercial zoning standards at its March 6th meeting at a public hearing on adopting an ordinance for the new standards. At the March 6th meeting the City Council requested information on nonconformities within this Focus Area and for information regarding effects on a property with a nonconforming status. Additionally, City Council wanted information regarding the difference between a Pre-existing and Nonconformity status. Staff has prepared in inventory of existing and proposed conditions for all 70 properties zoned DSC and HOC within the Focus Area. (Attachments 3- Nonconformity Inventory; Attachment 4- Nonconformity Maps; Attachment 5- Table Comparing Zoning Standards) Staff inventoried current uses, structures, and site improvements for conformance to zoning requirements. Staff estimates that 55 properties (78% of the total properties) 1 currently have a nonconformity for one or more zoning standards. With the proposed DGC zoning, 62 properties would have a nonconformity for a total of 88% of the properties. The primary reason for the increase in nonconformities is the prohibition of Vehicle Service Facilities and the changes to the standards for parking. Amore complete explanation of the nonconformity inventory is included within the Addendum. The following table summarizes the findings by zoning district and relevant standard. Summary of Focus Area Properties with Nonconformities . . ,Zoningetur District Stry e site Develop Other DSC 15 1(6%) 14 (93%) 3 (20%) Zoning HOC 55 7 (13%) 26 (47%) 28 (50%) Zoning Proposed DGC 70 15 (21%) 22 (31%) 56 (80%) Zoning Nonconformities are allowed to continue with no requirement for changes to the current use, structures, or site improvements. However, when a property has a nonconformity there are restrictions on alterations to the use and site. Staff has prepared a Frequently Asked Questions document to address the most common questions regarding nonconformities, including Zoning Ordinance references. (Attachment 6-FAQ) The following summarizes the primary issues for non conformities: • Once a nonconformity is changed to a more conforming situation, it cannot revert to a nonconformity • A nonconforming use cannot be expanded and increased in intensity of use • If a nonconforming use ceases to operate, it could be deemed abandoned after 12 months and not permitted to be reestablished (There is an appeal process to the ZBA for this determination) • Nonconforming uses and structures can be maintained and are allowed to be remodeled • Nonconforming structures with a permitted use can be expanded in compliance with the current zoning standards and allow for the current nonconformity to persist • If a nonconforming structure is damaged less than 70% of its assessed value it can be rebuilt in its previous configuration • If a nonconforming structure is damaged more than 70%, it can be rebuilt subject to approval of a Special Use Permit by the Zoning Board of Adjustment • A nonconforming structure or use cannot be demolished/removed and then replaced in kind • Nonconforming site improvements, such as parking and landscaping, are required to be improved as practical at the time other improvements are made to a site. Practical improvements take into account the scope of the changes and ability to make improvements without causing new non conformities. 2 e The City of Ames also has a defined term of "Pre-existing" that is distinguished from a nonconforming 'use. Pre-existing is a term that has been applied to certain uses that were previously permitted uses, but are no longer allowed to be established as a new use. A Pre-existing designation considers the use as permitted with no restrictions on changes to its intensity of use, other than comply with current zoning standards for the site. However, if a Pre-existing use is discontinued for 12 months or more, the use cannot be reestablished. This is similar to the abandoned standard of a nonconforming use. OPTIONS: Staff believes the primary nonconformity issues related to the proposed DGC zoning are the creation of nonconforming uses for properties, such as Vehicle Service Facilities, and secondly site improvement standards related to parking, both in quantity and location. Nonconforming Uses Option 1. Prohibit uses for Warehouse, Funeral Home, Vehicle Service Facilities consistent with the proposed DGC zoning ordinance. The proposed standards create new restrictions on certain uses that are viewed as incompatible with the vision for changes to the area that includes increased commercial activity with pedestrian oriented design features and potentially residential uses. Staff believes prohibiting such uses and creating a nonconformity status for the uses is consistent with the vision for the area. With a nonconforming status the current businesses would be allowed to continue to operate, but would _have limits on expanding the use. They would have options to remodel and make other improvements to their sites consistent with zoning standards. The proposed use limitations for DGC zoning are more consistent with current DSC zoning uses than the HOC zoning uses. Option 2. Modify the proposed DGC zoning ordinance to designate Vehicle Service Facilities as a pre-existing use. Allowing for Pre-existing vehicle facilities would prohibit any new such use into the area. The Pre-existing designation would allow for changes and reuse of the property with the specific Pre-existing use if the use does not cease to operate for more than 12 months. The Pre-existing designation would allow existing businesses to expand or change their use consistent with current zoning standards. This option precludes new uses that are not compatible with the area from being located in the area, however, it does not encourage the change of the use to a conforming use. Funeral Homes could continue to be a Special Use Permit use to be evaluated on a case by case basis. This option is more consistent with use allowances of HOC zoning compared to DSC zoning. 3 Option 3. Create Vehicle Service Facilities and other proposed nonconforming_ uses as requiring a Special Use Permit. This option would allow for existing uses to continue to operate, but any changes would be subject to approval of a Special Use Permit to determine compatibility of the use. This designation would also allow for new uses to be established subject to approval of Special Use Permit. The Special Use Permit would allow for a case-by-case review to determine compatibly with the surroundings and consistency with the purpose of the zoning district. This option would be appropriate if the primary concern was the design or configuration of the use on a site and not the type or nature of the use. If it is unlikely a Special Use Permit could be approved in the area for the use no matter the configuration, it would not be appropriate to use the Special Use Permit designation. If there are specific design expectations, it is also better to include them as zoning standards than through the use of the Special Use Permit process. This approach is a hybrid of allowing potentially for expansion of or changes to certain uses, but allowing for case-by-case review. Minimum Parking Requirements The proposed DGC zoning includes parking standards similar to HOC zoning, however this is different than DSC zoning for the 15 properties along Kellogg. No parking is required for commercial uses along Kellogg. The expectation is that redevelopment of the area would require provision of some parking on site or through a remote parking arrangement. Option 1. Require commercial parking for all properties within the DGC zoning. Commercial parking could be required as proposed in the draft zoning standards to ensure a minimum level of-parking is available for the redevelopment and intensification of the site. Option 2. No parking required for development along Kellogg. If City Council has a concern about requiring parking for commercial uses along Kellogg, a parking waiver or reduction policy could be added to the DGC zoning reflecting the intent for Main Street style development along Kellogg. Parking Location (Between Building and the Street) One of the primary drivers for site improvement nonconformity is the requirement that parking no longer be allowed between the building and the street. This type of zoning standard requires parking to be to the side of a building or behind a building. Current HOC zoning has no prohibition of parking between a building and a street, only that the front yard landscaping is provided along the street frontage. Existing sites with parking between the building and the street could continue to keep their parking in its current configuration until such time as the property redevelops. Due to the "improve as practicable" standard for parking nonconformities, reconstruction of a parking lot may 4 also be allowed subject to site development plan review if the building is not part of the redevelopment. Option 1. Restrict parking between the building and the street. City Council can provide direction on having a parking location standard with the understanding that many sites may be able to reuse their nonconforming parking lot configuration, but would not be able to fully redevelop in the same manner. Option 2. Allow parking between a building and the street, with the exception of Kellogg. City Council could provide direction to eliminate the proposed standard that restricts parking between the building and the street if it has concerns about the impact on redevelopment of standalone commercial properties. In many circumstances parking is already nonconforming due to lack of landscaping or other design requirements. Most reuse will be subject to the "improve as practicable standard" if there is not full scale redevelopment of a site. STAFF COMMENTS: The proposed DGC zoning standards are an attempt to address the flexible design options for a wide range of uses, site sizes, and design priorities for different street frontages within the Downtown Gateway Area. The tradeoff of this approach is less predictability on final outcomes as many decisions on design will not be complete until final approval of a project. With the flexibility there are still ramifications for current sites that are nonconforming that may desire to make incremental changes rather than fully redevelop a site. Related to the discussion of the standards is the potential boundary of the rezoning area to DGC. Options regarding potential rezoning boundaries are included in a separate report. Staff needs direction from the Council on how to address the primary concerns raised about non conformities, including uses, structures, and site improvements. Staff believes that will the information provided about nonconformities most property owners and business would be minimally affected by the changes as they would principally,affect redevelopment of a site. The exception to this is the proposed changes to the Vehicle Service uses. With City Council's direction on how to address the proposed development standards and permitted uses, staff can finalize a draft ordinance for City Council review on May 8th. With a first reading of new standards for the DGC zoning on May 8th, the ordinance would be adopted and effective prior to the end of June and before the end of the moratorium on July 2nd 5 Addendum Nonconformity Inventory Staff conducted a review of the properties in the Downtown Focus area to evaluate the conformity of each parcel to both current zoning standards and the proposed Downtown Gateway Commercial standards. There are seventy parcels within the proposed Downtown Gateway Commercial (DGC) zoning district. Fifteen properties are zoned Downtown Service Center (DSC), all of which have frontage on Kellogg Avenue. The remaing fifty-five proeprties are zoned Highway Oriented Commercial (HOC). Attachment 3 is the inventory by address and zoning of each property. Staff identifies three types of nonconformities for each property: Nonconforming Uses, Nonconforming Structure, and Nonconforming Site Development/Other. Section 29.307 of the Zoning Ordinance describes each nonconfomity and the standards that apply to each circumstance. A use nonconformity would be if a use exists on a parcel that is not permitted by the applicable zoning district. A structure nonconformity is any building requirement of the zoning district that is not met, such as setbacks, floor ara ratio(FAR), minimum and maximum builoding height, building coverage percentage, and number of stories of a building. Site development/other nonconformity would includes issues not related to use or the structure, such as landscaping, parking lot design, parking lot landscaping, parking stall quantity. The three maps (Attachment 4) represent each nonconformity type. The nonconforming use map identifies eight uses as nonconforming under current DSC and HOC zoned properties. Two of the nonconforming use types do not meet the location requirements of the zoning code, Adult Entertainment Business and Delayed Deposit Services. Additionally, there are two residential household living uses, janitorial services, dry cleaning, and warhouse uses that are nonconforming. Under the proposed zoning, the mini-storage and vehicle service facilities (car wash, gas stations, and automotive repair) would become new nonconforming uses. The total properties with nonconforming uses under DGC zoning would be 21%. Summary of Focus Area Properties with Nonconformities DSC 15 Zoning 1(6%) 14 (93%) 3 (20%) HOC 55 7 (13%) 26 (47%) 28 (50%) Zoning Proposed DGC 70 15 (21%) 22 (31%) 56 (80%) Zoning Nonconforming structures are structures that do not meet minimum building requirements, such as setbacks or height. The majority of the properties on Kellogg Avenue are nonconforming as DSC zoned buildings that are one-story where the zoning requires a minimum of two stories and minimum floor area ratio (FAR) of 1.0. For HOC zoning the nonconformities are typically related to building setbacks from.-side or rear 6 property line. Overall, when evaluating properties against the current DSC and HOC zoning and the proposed DGC zoning, the amount of nonconforming structures decreases to thirty-one percent under the proposed DGC zoning. This is mostly a result of decreased setbacks on all sides of a property in the proposed DGC zoning and no minimum FAR requirements. Buildings along Kellogg that are one story would continue to be nonconforming under the proposed DGC zoning. The site development/other nonconformities mostly consist of parking deficiencies. These deficiences include inadequate minimum parking spaces, parking in the front yard without front landscaping, paved parking, overall design and landscaping of the parking area. There is an increase in number of nonconformities of this type with the porposed DGC zoning district. Site Developemnet/other nonconformites increase from forty-four percent to eigthy percent. The main reason for this increase is because parking would not be allowed between the building and street for most streets in the DGC district, such as Kellogg and Lincoln Way. The other change is the requirement for parking for the 15 properties current zoned DSC. The proposed zoning does require parking making these uses nonconforming that have no parking on site. 7 Proposed Downtown Gateway Commercial Zoning Standards The proposed draft ordinance from March 6t" is included as Attachment 2. Uses Allowed uses are intended to be a more focused set of commercial uses compared to the HOC zoning district. The allowed uses principally include office, retail sales and services, restaurant, recreation, and entertainment uses. The intent behind the list of allowed uses is to focus on the desired commercial uses while helping to insure compatibility with any future residential that could be added to the area. The proposed zone will prohibit the following uses that are permitted in the HOC zoning district: vehicle service facilities (gas stations and auto repair), vehicle sales, college and university, lodges and social clubs, catering establishments(primary use), medical centers, wholesale trade, detention facilities, sports practice facilities, and mini-warehouse. By prohibiting these uses it would preclude new establishments and also make existing uses non- conforming. For example, a gas station that exists today would become nonconforming and be allowed to continue to operate as is, but they would be unable to expand or if they cease to operate it could not be restarted. Drive through windows and pickup areas are also restricted within the proposed zoning standards. Drive through uses are not precluded in their entirety, but would have separation requirements. The proposed spacing standard is for no more than one drive through use per Lincoln Way street block face and no drive through uses are, permitted along Kellogg Avenue. A drive through would be precluded if any part of the property had frontage along a block face of Lincoln Way that already has a drive through use, regardless of the ingress/egress to the site. The drive through limitation would apply to any type of use, fast food, banks, pharmacies, etc. Residential uses for short-term lodging are permitted as a standalone use; however, household living may only be established as part of a mixed-use development. Major Site Development ,Plan review is required for any residential mixed-use development. No density standard will apply to the residential development for either a minimum or maximum.; The goal is to promote smaller units at higher density and to allow for a limited number of larger units. No more than 25 percent of the total units in a development may exceed two bedrooms. No dwelling units shall exceed four bedrooms. The proposed zoning standards do not prescribe a minimum total commercial square footage requirement in combination with mixed-use buildings. Specific tenant spaces sizes, orientation, and total square footage in a project will need to be evaluated on a case-by-case basis to determine if a proposed mixed-use design achieves the goals of the Corridor Plan for commercial first development plans that enhance the commercial options for the city and are complimentary to Downtown. Parkin The proposed commercial standards are a hybrid of standard parking requirements and the reduced parking standards of Downtown Service 8 I Commercial. Staff did incorporate parking minimums for the district due to the lack of public parking in the immediate area and the desire to ensure that the commercial development was viable for a large range of uses. The proposed parking modifies commercial parking standards by reducing parking for larger sites to promote shared and common parking areas, principally for bar and restaurant uses. Individually developed sites are subject to standard parking requirements for commercial uses. Staff also added a fast food parking standard that is at 9 spaces per 1,000 square feet so as to not incent redevelopment with fast food establishments in this area. The proposed requirement for commercial parking results in the 100 Block of Kellogg Avenue requiring parking compared the current DSC zoning where none is required. For the HOC zoned properties there is either no change or a, potential reduction compared to current standards. Residential parking standards are also a hybrid of the standards used in other parts of the City. The typical apartment standard is one parking space per bedroom. However, Campustown and Downtown only require one space per apartment regardless of the number of bedrooms. In an effort to incentivize smaller apartment units and to recognize the area is highly walkable with multiple transportation options, parking is reduced for smaller units. Staff believes this a balance of allowing for a variety of unit configurations while promoting construction of smaller apartment units. Apartment Parking Spaces Required Studio 0.8 per unit 1 Bedroom 0.8 per unit 2 Bedroom 1.0 per unit 3 Bedroom 2.5 per unit 4 Bedroom 4.0 per unit The parking standards also permit additional reductions in parking through Major Site Development Plan approval. There are allowances for shared parking, remote parking, and collective parking. Reductions of up to 25% of the commercial parking can be approved through these options. Another unique standard relates to allowing for residential to be utilized in a shared or collective parking situation when at least one parking space per dwelling unit is provided on site assigned to the residential use. Typically, shared use of residential parking spaces is not permissible in other zoning districts. The parking requirements include a bicycle parking standard for commercial uses. However, there are no mandatory bicycle parking standards for residential uses. Staff believes that most new residential apartment development accommodates bicycle parking and does not believe a prescribed parking standard is needed. However, for commercial uses visitor parking is not typically addressed by developers. Staff proposes requiring a minimum of four bicycle rack parking spaces with each building and that larger buildings include additional parking. A reduction in vehicle 9 parking spaces can be accommodated with the provision of bicycle parking, with a maximum reduction of five vehicle parking spaces. Lot Standards The site development standards are intended to promote property aggregation to take advantage of increased development intensity compared to the current HOC zoning. Existing sites and buildings will not become non-conforming based upon lot size. Existing sites may be used in their current configuration and buildings can be modified under the new standards. However, mixed-use residential development with reduced parking standards will only apply to larger scale sites. Minimum Lot Size is 1 acre and 100 feet of frontage on a public street for redevelopment intensification standards. Lots less than 1 acre in size or with less than 100 feet of frontage are subject to a use restriction of commercial uses only and must comply with standard parking requirements. A 1 acre standard means that for almost all properties in the Gateway Area that at least one additional property will need to be combined with another parcel to get to the larger site size for mixed use development. For comparison, if the site size was set at 0.5 acres there would be approximately 22 out of 70 properties that could develop mixed use without property aggregation. Buildinq Setbacks The Downtown Gateway Area consists of a street hierarchy with primary streets of Lincoln Way, Kellogg Avenue, Clark Avenue, and Duff Avenue. Secondary streets include Washington Avenue, Sherman Avenue, Market Avenue, Commerce Avenue, and Gilchrist Street. Additionally there are alleys within most of the block areas. Staff proposes to differentiate setbacks based upon street type and intended design aesthetic for the blocks. In most cases there are minimal setbacks required to either encourage a building to be built up to the street, as is the case along Kellogg Avenue, or to ensure a site is redevelopable when accounting for lot sizes and restrictions on where parking is permitted on a site. The greatest setback is planned along Lincoln Way. This is due to the intended larger scale of buildings along Lincoln Way and the intent to include widened sidewalks along with redevelopment due to the narrow right-of-way width for Lincoln Way. Setbacks for corner properties can be reduced through design review when the buildings include specific features supportive of a pedestrian design. There are no proposed minimum side or rear setbacks required for redevelopment projects. Buildinq Design Due to the desired flexibility of uses and redevelopment options for the area, individual design standards are difficult to apply consistently through the district. The intent is to state base design standards and rely upon individual project review to ensure consistency with the overall design intent for the area. The Kellogg Avenue frontage has design preferences for storefront patterns of 25 feet for consistency with Main Street 10 buildings. However, due to design options to promote gathering areas and entertainment uses, alternative design approaches can be approved that include high activity spaces and pedestrian friendly design features at the ground floor. The other areas in the district do not require a storefront pattern. Kellogg Avenue includes design standard to act as a transition to historic Downtown with a minimum of two-story buildings, architectural detailing, high levels of glazing, and the use of clay brick fagade materials. There are no specified percentages for brick, but it is a required material for each building. Properties with frontage on other streets do not have as many mandatory standards. The design standards do require fagade variation and detailing with use of clay brick without a specified percentage. 11 r` t ra'es L�'•�d =� s 7*0 Arq WO "POWN C - r Potential Downtown Gateway Rezoning AreaIwo '7 a,: _ 400 Feet 282 F.4 ��- J _ • _ i` ... .. m R� :.y (;.. « � E'_' .'fie✓ � -� w __ .'<� JI Ii�l ' , '` _ _ _ ai�i!'III -. _ '.•. 61��_ _ V._._ - _ [ 41x = "'i Ida Ames Attachement 1: Downtown Gateway Commercial Boundary Attachment 2: Draft Ordinance ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL.CODE OF THE CITY IOWA, BY: ENACTING NEW SECTIONS 29.1004 AND OF AMES, 29.1005 THEREOF,FOR THE PURPOSE OF DOWNTOWN GATEWAY COMMERCIAL 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 enacting new Sections 29.1004 and 29.1005 as follows: Sec.29.1004 "DGC"DOWNTOWN GATEWAY COMMERCIAL The Downtown Gateway Commercial Zoning District(DGC)is established to implement the vision and objectives ofthe Lincoln Way Corridor Plan and more specifically for the Downtown.Gateway Focus Area: The City-of Ames finds.that implementation of the DGC will facilitate redevelopment of the area consistent with the objectives of the Lincoln Way Corridor Plan and create new commercial retail;entertainment, and office uses that are a compliment to the Downtown area north of the Gateway Area.The Gateway Area is a commercial redevelopment area.intended to promote an enhanced streetscape,commercial.uses complimentary to the broader . Downtown area with retail,entertainment,and employment, and in some situation_s the addition of mixed use- residential.development. It is the purpose of the provisions of this Zoning District to promote public health,safety, and general welfare and define.development procedures for obtaining the objectives of the Lincoln.Corridor Plan with redevelopment of property within the District: 1. Development Process Development or redevelopment of.Site is required to conform to this Chapter.and the procedures of Article XV..The approval process-within the District has been.modified to addres&site size and the types.of uses.permitted on each site. A Building Design conformity fmding is required-with all Site Development Plans. Major Site Development Plan review is required for mixed-use development. Mixed-use residential_ development requires,a Major Site:Development Plan to.ensure the primary purpose of commercial development is accomplished in conjunction with the addition of housing. The Major Site Development Plan grants.additionalN flexibility.for the configuration of a site and for the arrangement of uses. No Major. Site Development Plan for Mixed-use development shall be approved that does:not specify.appropriate commercial tenant space sizes, orientation, and total square,footage in.a project. An appropriate mix of commercial.and residential development will be evaluated on case-by-case basis to ensure a mixed-use.project fulfills the redevelopment goals of the.Lincoln Way-Corridor Plan for -commercial first redevelopment that incorporates community commercial uses and uses that are complimentary to Downtown. (a) Standard Site A standard site is defined as any site that that is less than one acre in net lot area or as a site that exceeds one acre in. net lot area that does not include.Household-Living Mixed Use. A standard site may be developed or redeveloped. consistent with the zone development standards. -A standard site review process consists of.approval of a Zoning/Building Permit,Minor Site Development Plan or Special.Use Permit, as applicable to the principle use and scope of the.development.project. A standard site may be approved for a plat of survey or subdivision consistent with the standard lot zone development standards. (b) Redevelopment Intensification Site A Redevelopment Intensification Site is an optional designation requested by a property owner-for a site that meets minimum-net lot area standards of 1 acre and 100 feet of lot frontage. A Redevelopment Intensification Site - designation allows for approval of Household Living Mixed Use development in addition to the other allowed uses of the zoning district._ A:Redevelopment Intensification Site is subject to:a Major Site Development Plan approval: 2.- --'Parking Standards Parking shall be provided in accordance with this Chapter, notwithstanding the. modified parking requirements of this zone.Uses not listed below are subject to-standard parking-requirements of Article IV of this Chapter. Table 29.1004(2) Downtown Gateway Commercial Parking Standards Household Living-Apartments 1 Bedroom Dwelling Unit(DU)- 0.8 spaces/DU 2 Bedroom Dwelling Unit 1 space/DU .3 Bedroom Dwelling Unit 2.5 spaces/DU 4 Bedroom Dwelling:Unit. 4 spaces/DU Short Term Lodging .1 space per room/1 space .per 2 employees largest. shift/accessory uses for meeting areas at.5 spaces /1000 sq. ft. General.Office 3.spaces/1000 sq.ft. Medical-Office 6 spaces/1000 sq.ft.- Retail and Service-Standalone or Existing 3 spaces/1000 sq.ft. Restaurant orl3ar uses with Retail and Service Uses-. 5 spaces/1000 sq.ft. -Redevelo merit Site: Recreation Use--Redevelopment Site Determined-by Major Site Development-Plan Review - Restaurant and Fast Food-Standalone or Existing 1 9 spaces/1000 sq.ft. (gross floor area). Parking reductions_ are subject to City Council approval: as part-of.a Major Site Development.Plan. :Parking - requirements may be modified as part of the Major Site Development Plan.review process to-either reduce parking requirements by twenty percent or to apply a five parking spaces per 1,000 square feet of gross floor area for all Trade Uses. :Parking reductions of 25%of the required parking may be approved for a use with shared parking or -collective parking allowances.for use by other adjacent commercial.properties that are.also:approved for collective. parking. Residential parking spaces may be approved as part.of a share or,collective parking plan for commercial uses when there is at a minimum one parking space available per dwelling unit. City Council may approve use of remote parking or public parking for non-residential uses through-the Major Site Development Plan review process.. Parking Decks are subject to.Article-IV standards with the exception of parking setbacks requirements for decks proposed-along Gilchrist, Commerce, and Market. City Council may approve additional setback exceptions through the Major Site Development Plan review. Table 29.1004(2)-1 Downtown Gateway Commercial Bicycle Parking Bicycle Parking Non-Residential Provide a minimum of four.visitor bicycle parking spaces for the first 10,000 of commercial - space. Provide additional visitor bicycle parking at.a rate of one space for every.10,000 square feet of floor area. Residential Residential development should include secured bicycle parking for residents and-provision. of:yisitor bicycle parking. Bicycle parking shall.be placed in a visible location that is either adjacent to a-primary commercial entrance or within a_visitable open area of the site.Bicycle.rack parking shall provide adequate space and access to permit use of the rack system with the locking of a wheel and frame to the bicycle rack..A parking reduction of one non- residential.parking space for each-four bicycle parking spaces is permitted up to a maximum of 5 parking spaces. Table 29.1004(3) F . Downtown Gateway Commercial Uses Downtown Gateway-Commercial Development Standards Table 29.1004(4) USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY. RESIDENTIAL USES roup.Living ousehold Living,Mixed Use Y,on sites greater-than one acre SDP MAJOR CITY COUNCIL Development in combination with.non- residential use Dwelling units shall be configured as studio,one,or o bedroom dwelling units for a minimum of 75%of the total dwelling units within a - uilding. No dwelling unit hall consist-of five bedrooms r more within any-building. Short-term Lodging(stand Y SDP MAJOR STAFF one or mixed use) OFFICE USES. Y SDP MINOR STAFF E USES Retail Sales and Services_ SDP MINOR STAFF General Retail Trade.-Automotive,etc. N - -- ntertainment,Restaurant and Y SDP MINOR STAFF ecreation Trade- . Catering Establishments Lodge or Social Club N - - olesale.Trade N - INDUSTRIAL USES ndusMal Service N - mall Production Facility, Y standalone,if Mixed Use SP/SDP MAJOR BA/CITY COUNCIL Development SDP Major Warehouse;Mini-storage STITUTIONAL USES Colleges and Universities Community Facilities DP MINOR STAFF Social Service.Providers . - edical Centers Parks and Open Areas Y SDP MINOR STAFF. Religious Institutions Schools uneral-Homes RANSPORTATION, COMMUNICATIONS AND TILITY USES assenger,Terminals - - Basic Utilities Y SDP MAJOR CITY COUNCIL Commercial Parking YSDP MINOR STAFF Radio and TV Broadcast Y SP ZBA Facilities .. Rail Line and Utility Corridors N - -- ailroad Yards" ISCELLANEOUS USES ommercial Outdoor ecreation Child Day Care Facilities Y SP ZBA. . . etention Facilities Major Event Entertainment Y SP ZBA Vehicle Service Facilities N -- Adult Entertainment Business Y,SUBJECT TO ARTICLE XIII. SDP MINOR STAFF DEVELOPMENT STANDARDS Downtown Gateway Commercial Standard Site;Minimum Lot-Area 0.25 net acres Standard Site,Minimum LotFrontage 50 feet Redevelopment Intensification Site One(1.0) net acres Redevelopment Intensification Site,Minimum Lot Frontage along at least_ 100 feet one ofthefollowing streets:Lincoln;Way,Clark Avenue,Kellogg Avenue, South Kellogg Avenue,Duff Avenue. Building Design Building design and material standards described below. Minimum Sired Building Setbacks*: Lincoln Way. 15 feet ground floor/10 feet above ground floor Kellogg/S Kellogg- 5 feet = Clark/Walnut 5 feet Sherman. 10 feet Gilchrist 5 feet(except through lots) Washington 10 feet . Duff 15 feet ground floor/10 feet aboveground floor . Commerce and Market 5 feet *Properties.on Kellogg and comer properties along Lincoln Way may have reduced setbacks approved with design review of a Major Site Development Plan when buildings include high levels of quality materials,.architechual interest, glazing,ands pedestrian oriented design. . Minimum Side and Rear Setbacks No minimum setbacks required except for utility service- separation and access requirements,typically 10 feet or less along a rear property line. Landscaping in Setbacks Abutting,a residential zoned lot or South- HighScr=- See Section 29.403 . Lincoln Mixed Use District Zoned Lot with an existing residential use. Maximum Building Coverage 100% Minimurn1andscapedArea Percentage No.minimum MaximumHeight None Minimum Height Kellogg Avenue-two.(2)stories. No minimum other streets Parking Allowed Between Buildings and Streets No;Except Gilchrist,Commerce,and.Maiket Drive-Through Facilities Permitted Yes,Major Site Development Plan approval required.Maximum o one facility per Lincoln Way Block Face. No Drive-Through Facilities are permitted for any property with frontage along Kellogg Avenue or S-Kellogg Avenue. Outdoor Display Permitted Yes. See Section29.405 Outdoor Storage Permitted No Tricks and Equipment Permitted No 5. Building Design Standards The following development standards apply to all projects subject to a Site Development.Plan or Special Use Permit. The intent of the.design standards is to promote high levels of architectural interest,-enhancement of the pedestrian oriented-streetscape, and to accommodate desirable commercial uses as-the primary-use within the. District.. Each proposed building shall undergo a design review for conformance to the applicable design standards and objectives for development within the District. Design review will be incorporated into.:the review of the Site Development Plan or Special Use Permit and require a finding that the proposed project includes conforming design elements that':support a high quality .building design with architectural interest and .enhances. the structures appearance in a manner that-is compatible with both existing and planned uses adjacent to.the site. (a) Kellogg Avenue Frontage Buildings with facades along the Kellogg Avenue are intended to be designed in a.manner that is compatible with- the traditional look of Main Street and incorporate.architectural elements that support the.transition of the uses from Lincoln Way to-Main.Street..Buildings are required to consist of a minimum of two stories_along Kellogg Avenue., Each building shall incorporate the following design elements into the design. i. Transparent.windows at ground aevel. Glazing shall consist ofa minimum of.40% to. 50%of the facade area at the ground level. Commercial retail storefronts require higher levels of glazing than other uses. Glazing requirements apply along street frontages and to designated.activity areas or plaza spaces.. Each tenant'space shall have a pedestrian entrance that connects directly to-the street. Corner lots may be required to.provide an.entryway at a comer or to include two entries. iii. 1Vlinimum ground floor to ceiling height of 15 feet for all buildings.- iv. Incorporate-wall plane changes and variations in the-facade to create visual relief along long facades, e.g. 50 feet of facade length. Incorporate store front pattern and rhythm similar to Main Street, e.g.25 feet..- v. Clay brick building materials for front and side facades: a.- There is an exception for-side facades obscured- from .view by-.an abutting building located within 5 feet.of the propertyline. - b: . Accent materials may be approved in addition to the,use.of clay brick. C.. Buildings greater with three or more stories may propose to incorporate .a secondary facade material in addition to clay brick. vi. The building design shall include architectural details to create visual interest and design diversity,-such:as transoms, brick solider course., corbel,-cornice, lintels, projecting window bays,,inset windows; canopies,parapet variation. vii. Alternative high interest architectural building materials; such as stone,:glass, steel, architectural metal panels may be approved in lieu of clay brick when approved with a.Major Site Development Plan. viii. Rear facades.may include materials other than clay brick.that are compatible with the overall.-design of.the building. ix. No balconies arepermitted along the perimeter of a building.adjacent to a street..X. Commercial floor area requires a minimum depth.of 60 feet, minor.variations allowed. through Design Review. (b) Other Street Frontages Buildings in areas without frontage along Kellogg Avenue may take on a variety of architectural appearances to meet the goals of the District for enhanced architectural design that creates visual interest and identity for .the Lincoln Way Corridor. Buildings with facades along streets other than Kellogg shall-incorporate the following design elements: i. Minimum ground floor to ceiling height-of 15 feet. ii. Commercial floor area requires a minimum depth of 60 feet, minor variations allowed through Design Review.. Incorporate pedestrian entrances that lead directly to an abutting street. iv. Transparent windows at-ground-level. Glazing shall consist of a minimum of 30% to 50%of the facade.area at the ground level. Commercial retail storefronts require higher levels of glazirig.than other uses. Glazing requirements apply along primary street frontages and to designated activity areas or plaza spaces. V. Clay brick shall be used as a primary building material for front and side facades, unless alternative high interest architectural building materials are approved through a Major Site Development Plan review. - _ vi. Incorporate wall plane changes and variations in the facade to create visual relief along long facades,e.g.50 feet of facade length. vii. The building design shall include architectural details to create visual interest and design diversity,.such-as transoms, brick solider course, corbel, cornice, lintels, projecting window bays, inset windows, canopies,parapet variation. viii. Minimize the placement of balconies along Lincoln Way. When balconies are permitted. along Lincoln.Way, balconies shall not project more than 2-feet from the front primary building facade. Balconies may.not project within 5 feet of the right-of-way. ix: Drive-through facilities may require a-covered pick-up window and street screen walls with compatible materials to the principal building." Section Two.Violation of the provisions of this ordinance shall constitute a municipal infraction - - punishable asset 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 bylaw. Passed this day of , Diane K Voss,City Clerk John A.Haila,Mayor Attachment I' Nonconforming Tables DSC �. �� DSC Conforming, . �DGC "I)GC'Site Current Conforming "DSC Conforming Site Development, `Conforming DGC Development, Property Address Zoning Use - Use Structure Other,, Use Structure' Other. 104 KELLOGG AVE DSC• Office Y N 1 story,FAR Y Y N =1 ''stoparking N,Quantity. 105 KELLOGG AVE DSC. Retail Y N FAR Y Y Y. parking N,Quantity. 109 KELLOGG AVE DSC Retail Y N, 1 story;FAR Y Y N, 1 story parking N,.Quantity - 110 KELLOGG AVE DSC Pet Grooming Y N,1 story,FAR Y Y N 1 story parking N,Parking 111 KELLOGG AVE DSC Parkin Lot Y N,FAR Y Y NA. Desi n N,Parking Quantity'&': 113 KELLOGG AVE DSC Retail Y N,1-story,FAR N,Parking Design Y N, 1 story Desi n N,Quantity . 114 KELLOGG AVE DSC Martial.Art Instruction Y N,1 story,FAR Y Y IN,1 storv. parkina Adult Entertainment N,Separation N,Separation . Y(Off site 117 KELLOGG AVE DSC Business Requirements Y Y Requirements Y Parkin N,Quantity 118 KELLOGG AVE DSC Office Y N 1 story,FAR Y Y N 1 story I parkina 119 KELLOGG AVE DSC. Parkin Lot(City lot Y N FAR Y Y NA Y Entertainment/Restaurant N,.Quantity . 120 KELLOGG AVE DSC Trade Y N I-stbrv,FAR Y Y N 1 story arkin ' . 121 KELLOGG AVE DSC Parking Lot Y N FAR Y Y N,Parking 124 KELLOGG AVE DSC Parking Lot Y N FAR N Parking Design Y NA. Design N,Parking Quantity& 213-223 LINCOLN WAY DSC Retail . Y N 1-story,FAR Y Y N 1 story desi n story, Front/Rear/Side N,parking . 303 LINCOLN WAY IDSC lRetail ly Setback IN,Parkin Desi n Y N .1 story Design 0'Setback approved for pedestrian oriented design assumed. Attachment 3 cont'dc Nonconforming Tables' 4 MN A � HQC HOC Con�orming"� AGC. �. - ,OGC Safe C rreni = Conforming ;HOG Conforming 'Slt®Deve�opmenf, Confokrning DGC "`Development, Piro'ert`Address Zoning Use Use t,Structure t7tGer z, .Use4 ',Structure" 0thei ,Parking . Location& 104 LINCOLN WAY HOC Retail Y N Rear Setback N Parking Design Y Y Desi n' 105 LINCOLN WAY HOC Retail with drive thru Y Y• Y" Y Y Locationn9 , . 108.LINCOLN WAY HOC Parkin N Parking Lot Y' NA N Parkin Desi n Y NA Desi n N;Parking N,Front,Rear,Side N,Parking Quantity Quantity& 110-SHERMAN AVE. HOC Pet Grooming Y• Setback FAR &Design Y Y IDesign N,Parking Location& 111 DUFF AVE HOC Vehicle Service Facility Y Y N Parking Design N Y Design' 111 S SHERMAN AVE HOC Vacant land NA NA Y NA NA Y N,Sherman ` 111 SHERMAN AVE HOC Institutional Y N Front Setback Y Y Ave Setback. IY , N,Parking Location& 113 LINCOLN WAY HOC Vehicle Service Facility Y N Front Setback N Parkinq Quantity N Y Quantity N;Parking N,FAR,Rear/Side Quantity& 114 WASHINGTON AVE HOC Janitorial Services N' setback N Parking N Y, Desicin N,Front/Side 116 CLARK AVE HOC Office Y Setback Y Y N Clark Ave, Y Vehicle Service N,Delayed N,Delayed",' N Parking, Facility/Delayed Deposit Deposit Y, Deposit N,.". Location& 118 LINCOLN WAY HOC Services Vehicle repair Y N Parking Design Vehicle repair Y Design. N,Market Ave N,all Setbacks, and Sherman N Parking 119 SHERMAN AVE HOC Warehouse N FAR N Parking Quantity N Ave Setback Quantity, N;Sherman N,Parking N,Front/Side N,,Parking Quantity Ave and Quantity& 120 SHERMAN AVE, HOC Office Y Setback FAR &Desi n Y Commerce. .• Design . N,Front/Side N,Lincoln Way N,-Parking 123 LINCOLN WAY HOC Food Sales Y' Setback N Parking Design Y Setback Desi n IN,Front Seback on N;Parking 128 LINCOLN WAY HOC Retail Y S Sherman. N ParkingDesi n Y. r Y Design- Parking N,Front,Side N,Lincoln Way Location8 129 LINCOLN WAY HOC. Vacant Building NA Setback N Parkinq Design NA Setback Design Y,.Pending Plat of 202 LINCOLN WAY HOC Vehicle Service Facility Y Survey approval Y rNY' N,ParkingQuantity, N,Front,Side N,Parking Quantty N,Gilchrist '.Location& 203 KELLOGG AVE HOC Retail Y Setback FAR &Desi n Setback Design `, Ht3C=C DGCSte�. Curren# Cori#ormrng, HOC Conforming site Develapmant, ; Conforriiirrg t?GC geva[opment pro a Address Zoning :u . 'Usa ,Use 8truciure Ott er s Use &fracture' :',, pthen N;,Parking , ° N,Gilchrist Location.&`• 204 CLARK AVE HOC Car Wash Y N Front Setback N Parkiho Design N Setback Desi n N;Parking 204 MARKET AVE HOC Vacant land aved Y NA N Landscaped area Y NA Design N,Parking Location& . 205 CLARK AVE HOC Office Y Y N Parking Design Y 'Y' Design Fast Food(with,Drive N,,parking 209 LINCOLN WAY. HOC Thru) Y. Y Y Y Y Location,^ N,Parking " 212 LINCOLN WAY HOC Parkin 'Lot Y Y Y Y Y Desi n ' N;Parking N;Front/Side/Rear N,Duff Location.& 213 DUFF AVE HOC Retail/Restaurant/Office Y Setback Y Y - Setback Design, 218 LINCOLN WAY HOC Residential/Historic Site N Y Y N '- Y_-` Y' 222 LINCOLN WAY STE(232 N,Front/Side N;Lincoln Way N,Parking Lincoln Way) HOC Retail Y Setback N Parking Quantity Y Setback Location ' N,Parking 302 LINCOLN WAY HOC Retail/Restaurant Y Y Y Y. Y Location.. N,Parking Location& 311.-315 LINCOLN WAY HOC Office Y N Rear Setback Y Y Y Desi n - N,Parking . 312 GILCHRIST ST HOC Mini Warehouse Y N Front Setback N Parking Design N Y' Desi n Fast Food(with Drive N;Parking 316 LINCOLN WAY HOC Thru) Y Y Y Y.`^ Y11 Location N,'Parking N,Side/Rear Location& 319 LINCOLN WAY HOC Office Y. Setback Y. Y. Y. Design . N;Parking.. 320 GILCHRIST ST HOC Vacant Land Y NA N Landscape area Y NA Desi n 322 GILCHRIST ST. HOC City Well Y Y Y Y Y Y° 323 GILCHRIST ST HOC Vacant Land Y NA Y Y NA Y N,Parking Location& . 326 LINCOLN WAY HOC Retail Y Y N Parking Design Y Y Design N,Parking Fast Food(with Drive Location& 327 LINCOLN WAY HOC Thru) Y Y N Parkina Desi n Y Y Desi n. N,.Side/Rear N;Parking 328 GILCHRIST ST HOC Warehouse N Setback N Parking Design N Y' Design 329 LINCOLN WAY IHOC IVacant Land IY INA• INA Y NA NA = HOC HOC Conforming DGG DGC Site `' Current. Conforming HOC Conforming, Site Development, ;Conforming DGC Development,. Pro e. Address` Zoning Use Use Structure Other Use Structure• Other N,Front/Side N,Lincoln Way N,Parking 335 LINCOLN WAY HOC Retail Y Setback N Parkihn Quantitv Y Setback Quantitv Parking 402 LINCOLN WAY HOC Bank with Drive Thru Y Y Y Off site Parkin Y Y' Location N,Front Setback- 403 LINCOLN WAY 401 HOC Residential N Gara e Y N Y Y N,Parking Location& 414 LINCOLN WAY HOC Funeral home Y Y Y" Y Y Desi n . N,Parking ' 415 LINCOLN WAY HOC Restaurant Y Y N Parking Desi n Y Y Location' N,Parking N,Front Setback- Location.& 419 LINCOLN.WAY HOC Vehicle Service Facility Y Canopy Y N Y Design N,Parking Location& 428 LINCOLN WAY HOC Vehicle Service Facilitv Y N'Front Setback Y N'" Y.. Desi n ,Restaurant ,Restaurant (with Drive (with Drive, N,Parking Restaurant(with Drive Thru)&Retail, Thru)&Retail, Location& 500-510 LINCOLN WAY HOC Thru)/Retail/La nd N Laundry Y Y N LaundrV Y Design N,Parking Restaurant(with Drive Location& 509 LINCOLN WAY HOC Thru) Y Y N Parking Design Y Y Desi n 510 GILCHRIST ST HOC City Well Y Y NA Y. Y. NA N,Parking Location& 511 LINCOLN WAY HOC Restaurant Y Y N Parkino Desi n Y Y Design N;Parking Location& 516 LINCOLN WAY HOC Retail Y N Side Setback Y Y - Y Design N,Parking , .. 517 LINCOLN WAY. HOC Laundry/Restaurant Y Y Y Y Y Location. N,Parking 524-526 LINCOLN WAY HOC Restaurant Y N Side Setback N Parkinq Quantitv Y Y Quantity Restaurant(with Drive 525 GILCHRIST ST HOC Thru) Y Y Y . Y. Y . . Y N,Parking Restaurant(with Drive Location 533 LINCOLN WAY HOC Thru) Y Y N Parkina Design. Y Y Desi n N,Parking 539 LINCOLN WAY IHOC 1 Retail/Restaurant I Y N,Side Setback I Y ly Y Location "Conforming site developmentlother assumed with prior site plan approval. l p� STH-ST 5TH-ST 5TH-ST 5TH-ST 5TH.ST- w 5TH-ST E-STH-ST L u a > a a y I H a �Q Y w p u o � � Z 5 Z � 11111RHaflilo ErIM w �E MAIN ST- -MAIN ST- -MAIN ST MAIN-ST MAIN-ST m MAIN ST Y MAIN ST ' MAIN-ST > JU LL �lI-3RD ST- z° uw W � a w LL Z LL � k 0 ::::::: � w © > E2ND ST L----1 L FT* E[ LLJ r___77771 uj LL rF II �i = - i .. .. C iN J S-2ND-ST S-2ND-ST --S 2ND ST-- S 2ND ST- SE 2ND ST a a a Z > o a a lu A z Olu J w G 3 = W = G S 3RD-ST- -S 3RD ST S 3RD ST - S 3RD-ST— S 3RD ST—S 3RD ST SE 3RD ST Nonconforming Uses Attachment 4: Nonconforming Uses - Proposed DGC Nonconforming Maps Nonconforming Uses- Existing DSC, HOC MIME � mmi■♦n ■i�i1 � mmiii�i _ nnmm� �I�I 11/1111111 Il�mun�inun��� � • WOO VS NO, off Ma 0 � 1:1 1 1 Attachment 5: Comparison Tables Summary Comparison of Allowed Uses USE CATEGORY. Pro osM DGC DSC Zoning g - HOC Zoning . Status/Approval Status/Approval Status/Approval RESIDENTIAL USES Group Living N N Y,ZBA Household Living;Mixed Use-. Y,CITY COUNCIL. Y,STAFF N_ Development Short-terrh.Lodging(stand Y,STAFF Y,STAFF Y,STAFF alone or mixed use) OFFICE USES Y,STAFF Y,STAFF Y,STAFF TRADE USES Retail Sales and Services- Y,STAFF Y,STAFF Y,STAFF General Retail Trade-Automotive,etc. N N Y,STAFF ntertainment,Restaurant and Y,STAFF Y,STAFF Y,STAFF Recreation Trade Catering Establishments N. Y,STAFF Y,STAFF Lodge or Social Club N Y,STAFF Y,STAFF Wholesale Trade. N N Y,STAFF . INDUSTRIAL USES dustrial Service N N N Small Production Facility Y,ZBA,if Mixed Use, Y,ZBA Y,ZBA Development City Council Warehouse,Mini-storage N N Y,ZBA STITUTIONAL USES_ Colleges and Universities, N. Y,ZBA _ Y,.ZBA Community Facilities Y,STAFF Y,STAFF Y,STAFF Social Service Providers N Y,ZBA Y,ZBA Medical Centers N N Y,ZBA Parks and Open Areas Y,STAFF Y,STAFF Y,ZBA Religious Institutions N Y,ZBA Y,ZBA Schools N N N Funeral Homes N Y,ZBA Y,ZBA RANSPORTATION, COMMUNICATIONS AND UTILITY USES Passenger Terminals: N Y,STAFF Y,STAFF asic Utilities Y,CITY COUNCIL_ Y,CITY COUNCIL Y,CITY COUNCIL Commercial Parking Y,STAFF.: Y,STAFF Y,STAFF Radio and TV Broadcast Y,ZBA , Y,ZBA Y,STAFF Facilities Rail Line and Utility Corridors N Y,ZBA, Y,ZBA Railroad-Yards N. N Y,ZBA ISCELLANEOUS USES" Commercial Outdoor N N Y,STAFF Recreation Child Day Care Facilities Y;ZBA . Y,ZBA Y,STAFF Detention Facilities. N N Y,STAFF Major Event Entertainment Y,ZBA Y,ZBA Y„STAFF Vehicle Service Facilities -N N Y,STAFF (includes carwash,gas station, auto repair,etc.) Adult Entertainment Business Y,STAFF,SUBJECT TO Y,STAFF;SUBJECT TO Y;STAFF,SUBJECT TO ARTICLE XIII. ARTICLE XIII ARTICLE XIII Sports Practice Facility N N Y,STAFF Notes-Staff is a Minor Site Development Plan,ZBA is a Special Use Permit forZoning Board of Adjustment,City Council is a Major Site Development Plan. Attachment 5 cont'd: Comparison Tables summary of Base Zoning District Development Standards . BASE ZONE DEVELOPMENT STANDARDS' Proposed Downtown Gateway . Current DSC Current HOC (Additional citywide standard,such as landscaping and parking,are part of Commercial Zoning Zoning Zoning. Article IV of the Zoning Ordinance) Parking Required. Yes,modified standards for Redevelopment Site for None for commercial,1 per Yes household living and retaiUentertainment bedroom for residential Standard Site,Minimum Lot Area 0.25 net acres None,250 sq.fl.per dwelling None unit Standard Site,Minimum Lot Frontage 50 feet None,mixed use.25 feet 50 feet Redevelopment Intensification Site(optional standard) One(1'0)net acres Not Applicable Not'Applicable Redevelopment Intensification Site,Minimum Lot Frontage along at least one of the following 100 feet Not Applicable Not Applicable streets:Lincoln Way,Clark Avenue,.Kellogg Avenue,South Kellogg Avenue,Duff Avenue. Building Design(materials,window percentages,entryways) Building design.and material standards described below. None None Minimum Front and Sty Building Setbacks*:(exceptions permitted by design approval in certain circumstances) Lincoln Way/Duff 15 feet ground floor/10 feet above ground floor 0 feet 20 feet Kellogg/S Kellogg 5 feet Other Streets 5 feet to 10 feet Minimum Side and Rear Setbacks No minimum setbacks(Provide utility access,typical 10 feet,rear only: 5 feet side/, 10 feet) 10 feet rear Landscaping ir Setbacks Abutting a residential zoned lot or.South Lincoln Mixed Use HiglrScaear. See Section 29.403 HighScaear. See Section HighScrem See Section District Zoned Lot with an existing residential use. 29.403 29.403 -Minimum Floor Area Ratio(FAR) - None — 1.0 FAR, None Maximum Floor Area Ratio(FAR) None None 0.5 FAR Maximum Building Coverage 100°/d 100% 50% Minimum landscaped Area Percentage No minimum None 15% MaxirirumHeight Ten(10)stories_ 7 stories 7 stories MinimumHeight Kellogg Avenue=two(2)stories: . 2 stories , None No minimum other streets Parking Allowed Between Buildings and Streets No,Except Gilchrist,Commerce,Market,Grand Avenue No Yes Drive-Througli Facilities Permitted Yes,Major Site Development Plan approval required. Yes(see also 29.1303)' Yes(see also 29.1303) Maximum of one facility per Lincoln Way Block.Face. . No Drive-Through Facilities are permitted for any property with frontage along Kellogg Avenue or S Kellogg Avenue. (see also 29.1303) Outdoor DisplayPermitted Yes Yes Yes . Outdoor Storage Permitted No. No Yes . . •Trucks and Equipment Permitted No Yes Yes Attachment 6: Nonconformity FAQ's NonconformityFrequently Asked Questions 1.What is a Nonconformity?A Nonconformity is a situation where a-use, structure, lot dimension,or site improvement that was lawfully established previously does not conform_to the City's current zoning standards. The Zoning Ordinance (Chapter 29 of the Ames Municipal Code) includes definitions for each . situation and standards that attempt to balance allowing for.property owners to-continue using their property within reasonable limits and ensuring compatibility with the intended zoning standards. - A more in-depth explanation of the types of/nonconformities and standards that apply to each type_of nonconformity is included within Section.29.307. NONCONFORMITIES of the Ames Municipal Code. 2.Am-1 allowed to continue my Nonconforming Use?(Section 29.307.1 and 29.307.2) A nonconforming use is allowed to continue as long as it remains otherwise lawful and.in accordance with the requirements of the-Nonconformities section of the Zoning Ordinance. The use may continue . upon sale or transfer of the property or business to another owner.If the use ends; changes;.or is abandoned and the property is.used fora more conforming use then:the Nonconformity cannot be reestablished.-If the use is abandoned for one year it may not be reestablished; however,.an owner can appeal to the.Zoning Board of Adjustment to demonstrate the use has not.been abandoned. 3..Am I allowed to expand my Nonconforming Use? (Section 29.307.2(a)) In most situations the nonconforming use cannot be expanded.The nonconforming use cannot increase in intensity, but under certain conditions it-may be modified. A.nonconforming-use may not be increased in intensity and may not be enlarged,expanded or extended to occupy parts of another structure.or.portions.of a lot that it did-not occupy on the effective date of this Ordinance, unless.the expansion:is approved by a Special Use Permit and the expansion meets all standards ofthe Zoning Ordinance.Any expansion is limited to an increase of 125%of the floor area. 4.Am l allowed to change to another Nonconforming Use? (Section 29.307.2(b)) A nonconforming use may changed to:another use in the same category of use with the approval of a Special Use Permit. For example,a Trade Use maybe approved-to change from retail to an entertainment use with approval of a Special Use Permit and conformance to the relevant standards of the Zoning Ordinance for the proposed new use. .5.Am I allowed to expand my Nonconforming Structure? (Section 29.307.3 (d)) Yes, if.the structure includes a conforming use and the expansion meets the-requirements of the Zoning . Ordinance. For example,an addition to'a structure for a conforming use would need to meet standards such-as setbacks, lot coverage,floor area ratio (minimum and maximum), height(minimum and maximum), quantity of parking spaces, and open space and landscape requirements.The existing nonconforming elements of a structure would not need to be brought into conformance with the addition: a 6.Am I allowed to remodel my existing Nonconforming Structure? (Section 29.301.3(b)) Yes, maintenance, remodeling and repair of a nonconforming structure shall be permitted without a variance or a Special Use Permit, provided that such maintenance, remodeling or repair does not. increase the degree of nonconformity: In some situations remodeling allows for partial demolition and reconstruction of a structure,for example removing a front fagade to install a new storefront window and entry. 7.Am I allowed to rebuild if my building is damaged by a fire or other natural causes? (Section 29.301.3(c)) Yes, a structure may be rebuilt without-conforming to the currentstandards if the damage to the overall structure is less than 70%of-its-assessed value. Construction must be complete within 18 months from the time of the damage: . Additionally, a structure that is damaged in excess of 70%of its assessed value may be-rebuilt if a Special Use Permit is approved by the Zoning Board of Adjustment and that the proposed restoration conforms to the fullest extent possible with the current zoning standards. . 8.Am l allowed to reconstruct my parking;lot and replace landscaping without complying with zoning?. (Section 29.301.5) Site improvements are categorized as "Other Nonconformities".gnd.distinguished from Nonconforming Uses and Nonconforming Structures,even though they are often related to the other situations. Other Nonconformities are required.to be improved as practicable based upon the scope of a project. For example;if a.parking lot is reconstructed it must either comply with the current zoning standards for dimensions, landscaping,etc. or, if there is a lack of-space to meet all the standards;the project must - remedy as many of the nonconformities as can be accomplished without causing a new nonconformity. 10.What does the teem-Pre=existing Use mean compared to Nonconforming Use? The term Pre-existing distinguishes a use from Nonconforming by allowing'fora continuously operated Pre=existing use to continue:its operations and have no predefined limitations on the expansion or other . modifications of the use,other than complying with zoning.development standards. Pre.-existing also - prohibits establishment of-any new uses of that type-.A Pre-existing designation is subject to a 12 month, discontinued use standard.similar to the 12-month abandoned use nonconforming standard:The.re,is no - allowance to change to-another Pre=existing use as is permissible for-certain nonconforming uses.