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ITEM # 35
DATE: 07-09-19
COUNCIL ACTION FORM
SUBJECT: ZONING TEXT AMENDMENT RELATING TO MULTIPLE BUILDINGS ON
SINGLE LOTS
BACKGROUND:
On May 28. 2019, based on the request of Nicole Neal of Civil Design Advantage, LLC
on behalf of CCRC of Ames (Scenic Development), the City Council authorized an
application for a text amendment to Section 29.401 .(5) Multiple Buildings on Single Lots.
The applicant is specifically interested in adding the use of group living related to
assisted living and senior living as an allowable multiple building use on a single
lot. City Council authorized the application for the zoning text amendment, but at staffs
urging directed staff to broaden the request to address related issues for a variety of
properties.
The City of Ames Zoning Ordinance restricts placement of multiple principal buildings on
a single lot unless specifically authorized. The standard is based upon the use of the
building. Section 29.401 .(5) is listed below:
29.401.(5) Multiple Buildings on Single Lots.
(a) More than one commercial, industrial, hospital, institutional or public principal
building may be erected on a lot, where such uses are permitted,provided that all setbacks
from the property line otherwise reguiredJor a single principal building are observed. The
distances between substructures shall be determined by the provisions of the City Building
Code.
(b) More than one apartment dwelling is permitted on a single lot, provided that all area
and setback requirements are calculated as if each structure were on its own individual
lot. (Ord. No. 4122,09-11-12; Ord. No. 4161, 10-8-13)
The requirement of an individual lot for each residential building results in a mandatory
subdivision process. This process allows the City to consider the design and layout of a
project in relation to on-site and off-site improvement standards and criteria. It also
supports creating smaller site sizes for ownership purposes. Until 2015. the only method
to address off-site infrastructure needs was through the subdivision process. In 2015. the
City adopted a missing infrastructure ordinance that applies to all uses, except one and
two-family homes, that require frontage improvement at the time of development
regardless of the subdivision process. The 2015 ordinance has minimized the need for
some of the zoning standards related to subdividing a lot for multiple buildings.
The Zoning Ordinance also includes the standard to address site layout and building
separation standards. Residential sites with apartments require assumed setbacks
around all buildings whereas other uses apply setbacks based upon perimeter property
lines. For those uses not listed, such as single family homes and group living uses. a
property is not permitted to have multiple buildings on a site.
CCRC of Ames is interested in the proposed text amendment in order to move
forward with adding one additional building to their Northridge Village campus
located between George Washington Carver and Stange Road. If the amendment is
approved. they would propose to add a 16-unit memory care facility, which is classified
as a group living use within the Zoning Ordinance. All facilities on the campus are owned
and operated by the same company and will function cohesively together.
If a text amendment is not approved, CCRC would have to consider a different process
of rezoning the site to a PRD or for coordination of an Integrated Site Plan, Preliminary
Plat, and Final Plat moving through the Planning & Zoning Commission. then onto City
Council. Additionally, a Special Use Permit reviewed by the Zoning Board of Adjustment
would be required for their specific proposed use. This process would create multiple
properties to divide up the buildings on the site, even though they are intended to be
owned and operated together.
In addition to the issue affecting CCRC, the current limited options for multiple buildings
on a lot causes difficulty when uses are classified as residential, but are viewed by the
owner/operator as more of a commercial or institutional use. The two most common
examples of this issue are hotels/motel buildings in commercial zones and senior
living/group living buildings in residential zones. The primary difficulty with the
subdivision requirement is not the creation of the property line, but the
accompanying zoning standards related to setbacks, shared access, parking,
landscaping and open space requirements that must be met for each lot and its
property lines. Parking location and access are the most common complications
for subdivision of a site. By allowing for more flexibility in which properties are allowed
to have multiple buildings it would ease some of the limitations caused by subdivision
rules.
PROPOSED TEXT AMENDMENT:
The current language of the Zoning Ordinance addresses uses rather than zoning
districts. Staff proposes to approach the issue with a combination of standards by zoning
district and unique requirements for specific uses to help provide clarity on the
applicability of the standards.
Staff proposes to allow multiple principal buildings within commercial, industrial, and
special purpose districts for all uses with some noted exceptions. This language would
allow for short term lodging use and group living use as new types of uses allowed for
multiple buildings compared to existing standards. Apartments would be treated the
same as current requirements, but clarify how a mixed-use building would be addressed
based upon its underlying zoning. Currently, one and two family homes are not allowed
to be located on multiple building sites, this standard would continue with clarification that
a PRD can allow for alternative configurations.
Planning and Zoning Commission Recommendation:
On June 19, 2019, the Planning and Zoning Commission reviewed the proposed
amendment and voted 7-0 in support of the changes included in Alternative #1 , allowing
Multiple Principal Buildings on a Single Lot in certain zoning districts with the added staff
recommended language clarifying that no more than one single-family home is permitted
on a lot in the South Lincoln Mixed-Use District (S-SMD). The Commission discussion
focused on the process of development review and if there would be substantial changes
in public notice and involvement in the review of a development proposal. Staff noted
that there may be a minor number of preliminary plats for major subdivisions that would
no longer be necessary, but in most instances there would be minimal effect on
development awareness due to the combination of all zoning, subdivision, and permitting
processes.
ALTERNATIVES:
1 . The City Council can approve on first reading the proposed ordinance, which is a
text amendment to Section 29.401 .(5), Multiple Principal Buildings on Single Lots
of the zoning ordinance, as attached.
2. The City Council can recommend alternative language for the proposed text
amendment.
3. The City Council can request additional information and defer making a
recommendation.
CITY MANAGER'S RECOMMENDED ACTION:
The Multiple Principal Buildings on a Single Lot standard has been a very important
standard for the City in the past to address issues related to development of a site and
infrastructure improvements. Recent city ordinances that address infrastructure needs
and landscape standards have minimized the importance of the current standard. The
requirement to subdivide does cause complicating factors for some applicants about how
to meet zoning standards individually when the goal is for a site to operate cohesively
and not independently. The proposed changes are relatively straight forward and easy to
administer by staff.
Therefore, it is the recommendation of the City Manager that the City Council
approve Alternative #1 as described above.
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES,IOWA,BY AMENDING SECTION
29.401(5)THEREOF,FOR THE PURPOSE OF ALLOWING
MULTIPLE PRINCIPLE BUILDINGS ON A SINGLE LOT;
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 amending Section 29.401(5)as follows:
"Sec.29.401(5) Multiple Principal Buildings on Single Lots.
(a) More than oneprincipal building may be
erected on a lot in an agricultural commercial industrial or special purpose zoning district,
provided that all setbacks from the exterior property lines
otherwise required for a single principal building are observed.The distances between buildings
internal to the site shall be determined by the provisions of the City Building and Fire Codes.
u Exception Within an Agricultural zone only one single-family dwelling is permitted
on a lot with or without additional principal buildings for permitted uses within the
zone.
ii Exception In the South Lincoln Mixed-Use District (S-SMD), no more than one
single-family for two-familyl home is permitted on a lot and no other principal
buildings are permitted on that lot.
(b) Within a residential zoning district,only one principal building is permitted on a lot except as
authorized in this section.
Ctj (b)More than one apartment building is permitted on a lot, provided that all area and
setback requirements are calculated as if each structure were on its own individual lot.
ii A principal use of Group Living within multiple buildings on a site may occur
within medium and high density residential zoning districts, provided that all area
and setback requirements are calculated and applied to each building.
iii Institutional uses may include multiple buildings provided that all area setback
requirements are calculated and applied to each building.
iv A mixed-use building with Office or Trade uses and apartment dwellings shall be
permitted to have multiple buildings on a lot subject to the standards of apartment
buildings.
U A combination of principal uses within multiple buildings is permitted for uses
described above subiect to the standards described for area and setbacks
requirements.
Lvil Within a F-PRD zoning district, multiple principal buildings are permitted subiect to
approval of a Major Site Development Plan.
(c) In cases where a Residential Use as categorized within this ordinance,exists as a non-conforming
use on a lot,additional principal buildings for a permitted use are not allowed."
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 John A.Haila,Mayor