Loading...
HomeMy WebLinkAboutA001 - Council Action Form dates August 27, 2024ITEM #:21 DATE:08-27-24 DEPT:P&H SUBJECT:ZONING TEXT AMENDMENT TO AMEND THE EXCEPTION STANDARDS FOR THE DOWNTOWN SERVICE CENTER "DSC" ZONING DISTRICT COUNCIL ACTION FORM BACKGROUND: Ames Silversmithing, 220 Main Street, recently purchased the adjacent building to the east at 218 Main Street with the intent of expanding the jewelry store business (Attachment A). The owners would like to demolish the building at 218 Main Street to expand 220 Main Street for increased space. Both 220 and 218 Main Street are single-story buildings. The Downtown Service Center (DSC) Zoning District, however, contains regulations designed to achieve a minimum intensity of use; these requirements prohibited Ames Silversmithing from adding on as desired. In a letter to Council (Attachment B), Michael Stott, architect with SB&A, stated that it is not feasible to expand the business into the existing building and that demolishing 218 Main Street and constructing an addition is the only possible alternative. The parcel containing 218 Main Street is 13.58 feet wide at the street, though this widens to 15.25 feet approximately 20 feet back from Main Street. The parcel has a piece carved out along the Main Street frontage that accommodates an interior staircase to the second floor of the adjacent building at 216 Main Street. City Council reviewed the request and options for changes to the standards at its May 14th meeting and allowed for the applicant to apply for a zoning text amendment that would create an expanded Exception to DSC for building additions. New construction of a building is not affected by the change. DOWNTOWN SERVICE CENTER (DSC) ZONING: The DSC has several provisions that work to create density of use, a stated goal of the district. The first is a minimum floor-area-ratio (FAR) of 1.0. This means that if a parcel is 10,000 square feet, it must have a building of at least 10,000 square feet. The other requirement is a minimum height of two stories; most historic, commercial buildings on Main Street are two stories. These two requirements help to reinforce the historic character of the street and to increase the intensity of use of Downtown. The DSC Zoning District does currently allow for limited departures from the minimum height and FAR (Attachment C). Deviations have evolved over time. In 2004, Council created a limited Exception to the two-story requirement with related criteria for new buildings (Ord. 3815). Exceptions are reviewed against stated criteria by the Zoning Board of Adjustment. In 2016, Council allowed for deviations from the minimum FAR and height (Ord. 4252) for a narrow range of institutional or “Special Use Permit” types of uses. In 2018, Council created an expanded Exception for minimum FAR and height for building additions but limited these to properties fronting 6th Street (Ord. 4373) believing the intent of regulations was to primarily reinforce “Main Street character.” The current limited types of Exceptions do not allow for buildings on Main Street, or for the type of 1 trade uses that include Ames Silversmithing, to request Exceptions to the standards. Due to statutory criteria for variances for hardship of use that could not be met for this site, the applicant requests a text amendment to pursue the proposed building project. PROPOSED EXCEPTION: The proposed code change alters one line of text in the DSC regulations. Sec. 29.808(4)(b)(ii) currently contains the geographic restriction allowing only those properties on 6th Street to apply for an Exception to the minimum FAR and height. All other criteria are proposed to remain the same. The general expectation of design compatibility will remain for projects that are granted relief from the intensity standards with an Exception. Current Code Section. 29.808(4)(b) Standards for Existing Structures. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed expansion or enlargement of a building not meeting the minimum number of stories or floor area ratio, meets each of the following standards: 1. The proposed project is an expansion or enlargement of an existing building and not for new construction, 2. The property has frontage on 6th Street. For properties on a through lot, existing buildings on the south half of the lot shall have a second story along the entire 5th Street frontage, 3. The proposed project retains or creates an active pedestrian street entrance, 4. The proposed project demonstrates a height and building placement that emphasizes an urban design of Main Street style development characterized by a height compatible with buildings in downtown and maintaining or creating a street edge with buildings, 5. The proposed project deemphasizes the quantity and visibility of surface parking spaces, and 6. The proposed project has a minimum floor area ration of 0.50. Only Section 2 highlighted above is proposed to change: 2. The proposed project does not replace a two-story structure with a single-story structure (See Attachment C) The proposed language differs slightly from the original request by adding a qualifier to the criteria related to existing two-story buildings. This is discussed in detail under the Planning and Zoning Commission section. If approved, these changes will allow property owners to apply for an Exception to enable them to construct a one-story addition on a property that will have less than an FAR of 1.0. The Exception permit allowance of the Zoning Ordinance allows for narrowly tailored deviations from the zoning requirements. This type of permit requires a ZBA public hearing and approval. Rather than apply general criteria, applications for an Exception apply the specific criteria accompanying the allowable Exceptions. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission met on August 7, 2024, to review the proposed text amendment. The proposal for the August 7th meeting requested by the applicant was to simply delete subsection 2 in its entirety to remove the geographic limitation (See Attachment D) 2 At the meeting, Commissioners discussed the character of Downtown and their support for the multi- story buildings related to both character and the general intensity of use Downtown. The Commission expressed concern that the proposed exception creates a loophole could be used to demolish a two-story building, which could then be replaced with a single-story structure by combining neighboring properties and considering the new structure an addition. The Commision discussed how new construction could not take advantage of this proposed option and it would only apply to additions. Commissioners discussed their desire to maintain the goal of DSC in having two-story structures with 1.0 FAR. To that end, the Commission voted 7-0-0 to recommend approval of the text amendment with the added change that instead of deleting Sec. 29.808(4)(b)(ii), it be replaced with the following standard: The proposed project does not replace a two-story structure with a single-story structure. The Commission believed that adding this qualifier would discourage demolition of existing building for the sake of doing one story additions and thereby preserving the character of existing two-story budlings while allowing existing one-story buildings some flexibility to do additions. ALTERNATIVES: 1. Approve on first reading the Downtown Service Center (DSC) Zoning District text amendment to Sec. 29.808(4) as recommended by the Planning and Zoning Commission as shown in Attachment C. 2. Modify the proposed ordinance amending Sec. 29.808(4) as originally requested with no two- story building qualifier as shown in Attachment D. 3. Deny the requested text amendment. CITY MANAGER'S RECOMMENDED ACTION: The proposed changes to the Exceptions requirements create an avenue for Ames Silversmithing to apply for a building addition that is one story. If the changes are approved, the Exception for one story and for an FAR of less than 1.0 will be available to all properties within the DSC. Any property seeking to apply for the Exception, however, would need to meet the criteria as laid forth in Sec. 29.808(4). As currently written, the Code only allows additions to an existing building that will bring the property into full compliance or maintain compliance with the FAR and height requirements; incremental improvements are not otherwise allowed. The proposed changes will allow any property in the DSC Zoning District to make gradual improvements that will bring the properties towards compliance. The change would not apply to new construction of a wholly new building. Staff does not foresee that allowing single-story additions with reduced FAR will erode the stated goals of the DSC Zoning District to increase density and intensity of use with the expected design criteria and limitation to additions. The original request for an amendment did not have qualifier related to two-story buildings. After the Planning and Zoning Commission meeting, staff considered their recommended changes and found they would help to preserve the height and density goals of the DSC district while still meeting the interest of the applicant, Ames Silversmithing. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1. 3 ATTACHMENT(S): Attachment A.pdf Attachment B.pdf Attachment C.pdf Attachment D.pdf Zoning Text Amendment for Downtown Service Center.PDF 4 Attachment A Map of 220 & 218 Main Street 5 Attachment B Request to Council 6 Attachment C Proposed Zoning Code Amendments for Exceptions in “DSC” Downtown Service Center Zoning Planning and Zoning Commission Recommendation Version Sec. 29.808. "DSC" DOWNTOWN SERVICE CENTER. (1) Purpose. The Downtown Service Center (DSC) zone is intended to provide for high-density development within the City's Urban Core. A broad range of uses is allowed to reflect the City's role as a commercial, cultural and governmental center. Development is intended to be very dense with high building coverage, large buildings in scale with the predominant building pattern in the Downtown commercial area, and buildings placed close together. Development is intended to encourage pedestrian activity with a strong emphasis on safe, vital and attractive streets. (2) Permitted Uses. The uses permitted in the DSC Zone are set forth in Table 29.808(2) below: Table 29.808(2) Downtown Service Center (DSC) Zone Use USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY RESIDENTIAL USES Group Living N -- -- Household Living N, except in combination with permitted non- residential use or uses, in which case 75% Household Living shall be located above the first story, and at least the front 50% of the first story must be maintained for non- residential use. SDP Minor Staff Household Living Accessory Uses Home Occupation Y -- -- Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short-Term Lodging Y, except Bed & Breakfast Establishment SDP Minor Staff Vacation Lodging Y ZP ZEO OFFICE USES Y ZP ZEO TRADE USES Retail Sales and Services – General Y SDP Minor Staff 7 USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY Retail Trade – Automotive, etc. N -- -- Entertainment, Restaurant and Recreation Trade Y SDP Minor Staff Wholesale Trade N -- -- INDUSTRIAL USES Industrial Service N -- -- Small Production Facility Y SP ZBA INSTITUTIONAL USES Colleges and Universities Y SP ZBA Community Facilities Y SDP Minor Staff Social Service Providers Y SP ZBA Medical Centers N -- -- Parks and Open Areas Y SDP Minor Staff Religious Institutions Y SP ZBA Schools N -- -- Funeral Homes Y SP ZBA TRANSPORTATION, COMMUNICATIONS AND UTILITY USES Passenger Terminals Y SDP Minor Staff Basic Utilities Y SDP Major City Council Commercial Parking Y SDP Minor Staff Radio and TV Broadcast Facilities Y SP ZBA Rail Line and Utility Corridors Y SP ZBA Railroad Yards N -- -- MISCELLANEOUS USES Commercial Outdoor Recreation N -- -- Child Day Care Facilities Y SP ZBA Detention Facilities N -- -- Major Event Entertainment Y SP ZBA Vehicle Service Facilities N -- -- 8 USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY Adult Entertainment Business Y SDP Minor Staff Y = Yes: permitted as indicated by required approval. N = No: prohibited SP = Special Use Permit: 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) ZBA = Zoning Board of Adjustment ZEO = Zoning Enforcement Officer (3) Zone Development Standards. The zone development standards for the DSC Zone are set forth in Table 29.808(3) below: DEVELOPMENT STANDARDS DSC ZONE Minimum FAR 1.0, Except that the Zoning Board of Adjustment may determine through review of a use subject to approval of a Special Use Permit Use that such a proposed use and design is compatible in character with its surrounding and is exempt from meeting minimum FAR and minimum height. Minimum Lot Area No minimum, except for mixed uses, which shall provide 250 sf of lot area for each dwelling unit Minimum Lot Frontage No minimum, except for mixed uses, which shall provide 25 ft. Minimum Building Setbacks Front Lot Line Side Lot Line Rear Lot Line Lot Line Abutting a Residentially Zoned Lot 0 0 0 10 ft. Landscaping in setbacks Abutting an R Zoned Lot High Screen. See Section 29.403 Maximum Building Coverage 100% Minimum Landscaped Area No minimum Maximum Height 7 stories Minimum Height 2 stories, Except that the Zoning Board of Adjustment may determine through review of a use subject to approval of a Special Use Permit Use that such a proposed use and design is compatible in character with its 9 DEVELOPMENT STANDARDS DSC ZONE surrounding and is exempt from meeting minimum FAR and minimum height. Parking Allowed Between Buildings and Streets No Drive-Through Facilities Permitted Yes Outdoor Display Permitted Yes. See Section 29.405 Outdoor Storage Permitted No Trucks and Equipment Permitted Yes (4) Standards for the Granting of Exceptions to the Minimum Requirement for Two Story Buildings and the Minimum 1.0 Floor Area Ratio in the DSC (Downtown Service Center) District. Before an exception to the requirement for two-story buildings or the minimum 1.0 floor area ratio in the DSC (Downtown Service Center) can be granted, the Zoning Board of Adjustment shall establish that the following standards have been, or shall be satisfied: (a) Standards for New Construction. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed one-story building, in the DSC zone, meets the following standards: (i) Physical circumstances exist for the property which result in a lot with a size and shape that is not conducive to a multi-story structure, and (ii) It can be demonstrated that there is a direct benefit to the community to have a one-story structure, at the proposed location, as opposed to a multi-story structure. (b) Standards for Existing Structures. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed expansion or enlargement of a building not meeting the minimum number of stories or floor area ratio, meets each of the following standards: (i) The proposed project is an expansion or enlargement of an existing building and not for new construction, (ii) The property has frontage on 6th Street. For properties on a through lot, existing buildings on the south half of the lot shall have a second story along the entire 5th Street frontage. The proposed project does not replace a two-story structure with a single-story structure. (iii) The proposed project retains or creates an active pedestrian street entrance, (iv) The proposed project demonstrates a height and building placement that emphasizes an urban design of Main Street style development characterized by a height compatible with buildings in downtown and maintaining or creating a street edge with buildings, (v) The proposed project deemphasizes the quantity and visibility of surface parking spaces, and (vi) The proposed project has a minimum floor area ratio of 0.50. (c) Procedure. The procedure to follow for an “exception” is described in Section 29.1506(3). 10 Attachment D Proposed Zoning Code Amendments for Exceptions in “DSC” Downtown Service Center Zoning Original Staff Version Sec. 29.808. "DSC" DOWNTOWN SERVICE CENTER. (1) Purpose. The Downtown Service Center (DSC) zone is intended to provide for high-density development within the City's Urban Core. A broad range of uses is allowed to reflect the City's role as a commercial, cultural and governmental center. Development is intended to be very dense with high building coverage, large buildings in scale with the predominant building pattern in the Downtown commercial area, and buildings placed close together. Development is intended to encourage pedestrian activity with a strong emphasis on safe, vital and attractive streets. (2) Permitted Uses. The uses permitted in the DSC Zone are set forth in Table 29.808(2) below: Table 29.808(2) Downtown Service Center (DSC) Zone Use USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY RESIDENTIAL USES Group Living N -- -- Household Living N, except in combination with permitted non- residential use or uses, in which case 75% Household Living shall be located above the first story, and at least the front 50% of the first story must be maintained for non- residential use. SDP Minor Staff Household Living Accessory Uses Home Occupation Y -- -- Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short-Term Lodging Y, except Bed & Breakfast Establishment SDP Minor Staff Vacation Lodging Y ZP ZEO OFFICE USES Y ZP ZEO TRADE USES Retail Sales and Services – General Y SDP Minor Staff 11 USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY Retail Trade – Automotive, etc. N -- -- Entertainment, Restaurant and Recreation Trade Y SDP Minor Staff Wholesale Trade N -- -- INDUSTRIAL USES Industrial Service N -- -- Small Production Facility Y SP ZBA INSTITUTIONAL USES Colleges and Universities Y SP ZBA Community Facilities Y SDP Minor Staff Social Service Providers Y SP ZBA Medical Centers N -- -- Parks and Open Areas Y SDP Minor Staff Religious Institutions Y SP ZBA Schools N -- -- Funeral Homes Y SP ZBA TRANSPORTATION, COMMUNICATIONS AND UTILITY USES Passenger Terminals Y SDP Minor Staff Basic Utilities Y SDP Major City Council Commercial Parking Y SDP Minor Staff Radio and TV Broadcast Facilities Y SP ZBA Rail Line and Utility Corridors Y SP ZBA Railroad Yards N -- -- MISCELLANEOUS USES Commercial Outdoor Recreation N -- -- Child Day Care Facilities Y SP ZBA Detention Facilities N -- -- Major Event Entertainment Y SP ZBA Vehicle Service Facilities N -- -- 12 USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY Adult Entertainment Business Y SDP Minor Staff Y = Yes: permitted as indicated by required approval. N = No: prohibited SP = Special Use Permit: 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) ZBA = Zoning Board of Adjustment ZEO = Zoning Enforcement Officer (3) Zone Development Standards. The zone development standards for the DSC Zone are set forth in Table 29.808(3) below: DEVELOPMENT STANDARDS DSC ZONE Minimum FAR 1.0, Except that the Zoning Board of Adjustment may determine through review of a use subject to approval of a Special Use Permit Use that such a proposed use and design is compatible in character with its surrounding and is exempt from meeting minimum FAR and minimum height. Minimum Lot Area No minimum, except for mixed uses, which shall provide 250 sf of lot area for each dwelling unit Minimum Lot Frontage No minimum, except for mixed uses, which shall provide 25 ft. Minimum Building Setbacks Front Lot Line Side Lot Line Rear Lot Line Lot Line Abutting a Residentially Zoned Lot 0 0 0 10 ft. Landscaping in setbacks Abutting an R Zoned Lot High Screen. See Section 29.403 Maximum Building Coverage 100% Minimum Landscaped Area No minimum Maximum Height 7 stories Minimum Height 2 stories, Except that the Zoning Board of Adjustment may determine through review of a use subject to approval of a Special Use Permit Use that such a proposed use and design is compatible in character with its 13 DEVELOPMENT STANDARDS DSC ZONE surrounding and is exempt from meeting minimum FAR and minimum height. Parking Allowed Between Buildings and Streets No Drive-Through Facilities Permitted Yes Outdoor Display Permitted Yes. See Section 29.405 Outdoor Storage Permitted No Trucks and Equipment Permitted Yes (4) Standards for the Granting of Exceptions to the Minimum Requirement for Two Story Buildings and the Minimum 1.0 Floor Area Ratio in the DSC (Downtown Service Center) District. Before an exception to the requirement for two-story buildings or the minimum 1.0 floor area ratio in the DSC (Downtown Service Center) can be granted, the Zoning Board of Adjustment shall establish that the following standards have been, or shall be satisfied: (a) Standards for New Construction. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed one-story building, in the DSC zone, meets the following standards: (i) Physical circumstances exist for the property which result in a lot with a size and shape that is not conducive to a multi-story structure, and (ii) It can be demonstrated that there is a direct benefit to the community to have a one-story structure, at the proposed location, as opposed to a multi-story structure. (b) Standards for Existing Structures. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed expansion or enlargement of a building not meeting the minimum number of stories or floor area ratio, meets each of the following standards: (i) The proposed project is an expansion or enlargement of an existing building and not for new construction, (ii) The property has frontage on 6th Street. For properties on a through lot, existing buildings on the south half of the lot shall have a second story along the entire 5th Street frontage. (iii) (ii) The proposed project retains or creates an active pedestrian street entrance, (iv) (iii) The proposed project demonstrates a height and building placement that emphasizes an urban design of Main Street style development characterized by a height compatible with buildings in downtown and maintaining or creating a street edge with buildings, (v) (iv) The proposed project deemphasizes the quantity and visibility of surface parking spaces, and (vi) (v) The proposed project has a minimum floor area ratio of 0.50. (c) Procedure. The procedure to follow for an “exception” is described in Section 29.1506(3). 14 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 29.808(4)(b)(ii) THEREOF, FOR THE PURPOSE OF AMENDING STANDARDS FOR THE DOWNTOWN SERVICE CENTER ZONING DISTRICT (DSC); 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 amending Section 29.808(4)(b)(ii) as follows: “Sec. 29.808. "DSC" DOWNTOWN SERVICE CENTER. *** (4) *** (b)Standards for Existing Structures. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed expansion or enlargement of a building not meeting the minimum number of stories or floor area ratio, meets each of the following standards: (i)The proposed project is an expansion or enlargement of an existing building and not for new construction, (ii)The property has frontage on 6th Street. For properties on a through lot, existing buildings on the south half of the lot shall have a second story along the entire 5th Street frontage. The proposed project does not replace a two-story structure with a single-story structure. (iii)The proposed project retains or creates an active pedestrian street entrance, (iv)The proposed project demonstrates a height and building placement that emphasizes an urban design of Main Street style development characterized by a height compatible with buildings in downtown and maintaining or creating a street edge with buildings, (v)The proposed project deemphasizes the quantity and visibility of surface parking spaces, and (vi)The proposed project has a minimum floor area ratio of 0.50. ***” 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. Passed this day of , 2024. _____________________________________________________________________________ Renee Hall, City Clerk John A. Haila, Mayor 15