HomeMy WebLinkAboutA002 - Council Action Form dated October 10, 2024ITEM #:30
DATE:10-08-24
DEPT:P&H
SUBJECT:ZONING TEXT AMENDMENT TO ALLOW SOCIAL SERVICE PROVIDERS
IN THE SINGLE-FAMILY CONSERVATION OVERLAY (O-SFC) ZONING
DISTRICT
COUNCIL ACTION FORM
BACKGROUND:
On July 9, 2024, the City Council chose to consider a request by Matt Mitchell, Founder and
Board Member of the Ames Romero House (see Attachment A – Request to Council). The request
was to initiate a zoning text amendment to the Single Family Conservation Overlay District (O-
SFC) to allow for establishment of new social services uses. Adoption of the amendment would
allow Social Service Providers to locate in the O-SFC, with the approval of a Special Use Permit
by the Zoning Board of Adjustment (ZBA). Approval of a Special Use Permit would be on a case-
by-case basis (see explanation of Special Use Permits under Proposed Text Amendment section).
Although the text amendment request does not approve any specific property for a social service use,
the request by Ames Romero House is principally for the purpose of allowing the Romero House to
operate at 702 Clark Avenue (orange house), inside the boundaries of the O-SFC, upon receiving a
Special Use Permit. Ames Romero House is presently located at 709 Clark Avenue (yellow house) and
its status as a residential or social service use will be reevaluated pending the outcome of the text
amendment request.
Upon review of the Romero House’s current activities and the planned use of 702 Clark, staff
indicated to the applicant that their operations were not typical household living use, including
the definition of a “Family” for occupancy limits, and that they would be classified as a “Social
Service Provider,” which is not permitted in the O-SFC. This prompted the request (Attachment A)
by the Romero House for a zoning text amendment to allow “Social Service Providers” as a use in the
O-SFC.
ZONING:
The base zone for the area of the community with the O-SFC Overlay zone is “RM” (Residential
Medium Density). (Attachment B-Zoning Map). This zone includes the area generally between 7th
Street and 11th Street, and between Duff Avenue and Grand Avenue. Note that the O-SFC Overlay
overrides uses and standards where specified of the base RM zone.
It is important to note that the O-SFC was established in the 1990s in response to the erosion of
the neighborhood’s one- and two-family housing, primarily through multi-family conversions and
other uses, such as social service providers. The purpose statement of the Overlay, which provides
an overview of intent for the area, is quoted below and the full regulations are attached. The intent is to
limit intensification of uses in the area and for design compatibility with traditional homes.
(1 ) Purpose. The Single-Family Conservation Overlay (O-SFC) Zone is intended to conserve the
existing single-family residential character of areas identified as O-SFC adjacent to the downtown. The
O-SFC is intended to protect single-family neighborhoods while guiding the transition to higher density
1
and compatibility with the surrounding uses where intensification is permitted. The O-SFC is meant to
help maintain the general quality and appearance of the neighborhoods; promote a more cohesive look
to the neighborhoods; recognize the neighborhood characteristics as a major part of the City's identity
and positive image; promote local design qualities; stabilize and improve property values; reduce
conflicts between new construction and existing homes; and allow a limited amount of increased
housing densities.
Use Limitations of O-SFC
Although the area has a base zone of Residential Medium (RM) reflecting its general density of
buildings, the O-SFC restricts uses and applies design requirements in support of primarily one- and
two-family homes. Allowed uses include the following:
Dwelling – Single Family.
Dwelling – Two Family.
Bed & Breakfast Establishment; and,
Vacation Lodging (essentially AirBnB rental properties).
*Apartments, subject to Council approval of a Major Site Development Plan and overall unit
limitations
The existing four social service providers in this area, such as YSS, are considered “legal
nonconforming uses” because they were established prior to the current zoning limitations. At this
time, staff is aware of two YSS operated social service facilities in the neighborhood per the YSS
website, Food at First, and the Good Neighbor office at, or near the corner of Clark Avenue and
6th Street. These existing facilities are considered nonconforming uses as they predate the current
restrictions. Staff is aware that there are, at least, two other nontraditional residential uses that are
operated as rental properties or group living uses that are not social service providers.
Social Service Provider Use Definition
A “Social Service Provider” is a broad category of use and defined in the Municipal Code, as follows:
“Table 29.501(4)-5 Institutional Use Categories of the Municipal Code:
Social Service Provider uses (SSPs) are primarily engaged in providing on-site counseling, meals, or
shelter beds for free or significantly below market rates. Uses that provide food on-site as an Accessory
Use are not included if the service is provided fewer than 3 days a week. For example, a church that
provides a free or low-cost meal once a week would not be classified as an SSP use.”
From this definition, the use is more akin to a commercial use or shelter use than traditional household
living uses. Because of this, the use is permitted in many commercial zoning districts of the city and in
some higher density residential zoning districts by special use permit. The use is not allowed to be
established in lower density residential areas where it does not already exist. The attached Addendum
lists all zoning districts that allow for the Social Service Use in some fashion.
Establishing a social service use will be subject to meeting zoning requirements, such as parking
requirements. Note that Social Service is not a defined use within Parking Standard of the zoning
ordinance thus the parking standards for the use will be determined on case-by-case basis after
considering the proposed operations. For example, the recently approved Bridge Home homeless
shelter included multiple parking rates related to the different uses included with the operations based
upon employees, gathering spaces, and overnight sheltering rooms.
2
PUBLIC INPUT:
Because this is a proposed text amendment and not a rezoning request, the Municipal Code does
not require all property owners within 300 feet to be notified by mail of the pending action.
Therefore, at the time of initiation of text amendment, staff noted to the City Council that
notification would be provided to the neighborhood. Staff first notified the President of the Old
Town Neighborhood Association of the request prior to the September 4th Planning and Zoning
Commission meeting with the assumption that our message would be transmitted by the
President to neighborhood residents. Unfortunately, this was not the case and, as a result, very
few residents attended the P&Z Commission meeting to provide input regarding this request.
Therefore, subsequent to the P&Z meeting, staff decided to send a postcard to all property
owners informing them that the pending request would be coming before the City Council on
October 8th.
As of October 2nd, staff has heard a handful of comments from residents and written comments have
been sent to the Council. From a very small sample size of comments to staff, the majority expressed
concern about the proposal. Concerns expressed to staff about allowing for non-residential uses in
the area relate to impacts to affordable housing, desirability to young homebuyers, the balance of
the neighborhood uses while maintaining its residential character, and the operation of social
service uses and changes in character of the area in general with more people entering and
occupying the neighborhood for non-residential purposes.
Even those who expressed concerns about the proposed text amendment are supportive of social service
providers locating in the city. They are concerned, however, that because their neighborhood is
located the closest to other desired services and the homes in their neighborhood are very
affordable, the concentration of these conversions to non-single family houses will continue to
increase. They hope that social service providers will locate in other zoning districts throughout
the community, as opposed to changing the zoning restrictions to allow additional facilities in the
Old Town neighborhood.
One suggestion provided by residents is to limit the concentration of or establish a minimum
separation requirement between properties occupied by social service providers in the
neighborhood.
PLANNING AND ZONING COMMISSION:
Issues were raised at the Planning and Zoning Commission meeting on September 4, 2024, by two
people in attendance that live in the O-SFC overlay zone. Kate Gregory spoke to the Commission
and has spoken with staff since the meeting. She believes that the proposed change to the zoning
does not acknowledge any intent to protect single-family neighborhoods. She believes that making
a text amendment, the City should consider the ratio of social service providers to families in the
community, the proximity or adjacency of multiple providers in a single block or limited area,
and the cumulative impact of multiple providers on the health and maintenance of the
community. She questioned why the Council would take up a singular request for changes to one
neighborhood. She expressed concerns that the amendment as currently drafted, allowed entire
blocks of existing homes to be converted for social service use, thereby defeating the original
intention of the O-SFC overlay to protect single family neighborhoods.
Another resident of the area, Julie Kruse, also spoke to the Commission. She supported Ms.
3
Gregory’s comments and expressed concerned about the concentration of social service providers
in the neighborhood. She questioned whether the Special Use Permit (SUP) criteria would really
address the issues of the neighborhood or the use since they are generic. She suggested a need to
have a list specifically geared toward social service providers since the criteria used for
determining the granting of a SUP are too general and insufficient in evaluating the request by
the Zoning Board of Adjustment. Ms. Kruse also emphasized that the proposed Zoning Code
amendment will result in the loss of affordable housing in the areas with more social service
providers converting existing homes.
Both Ms. Gregory and Ms. Kruse emphasized to the Commission that there are people in the
neighborhood who no longer feel comfortable walking in the neighborhood and that safety has become
a concern with the change of tone in the area. Parents are no longer allowing their children to walk in
the neighborhood to the library or downtown unless accompanied by an adult. They feel this is partially
related to the loss of the residential fabric of a neighborhood with different uses and more transient
visitors to the neighborhood. They expressed that their neighborhood already had multiple social
service uses and that the uses should be more distributed and should be considered in areas that
already allow for it rather than changing O-SFC.
The Planning Commission discussed the item and heard the comments of the two residents and the
applicant. The Commission had to clarify that the proposal was for only a text amendment and not to
approve the Romero House for a specific site. The Commission discussed need for the use in the
community, the intent of the O-SFC, and how the criteria of the special use permit process apply. The
Commission voted 4-2 to recommend support for the proposed text amendment to allow social service
providers by approval of a special use permit.
PROPOSED ZONING TEXT AMENDMENT:
The Romero House was authorized by the City Council to request a zoning text amendment to
establish a social service use by Special Use Permit within the O -SFC. The proposed text
amendment language is simple in terms of modifying the list of permitted uses to allow Social
Service Provider by Special Use Permit. No other standards or criteria for the Special Use Permit
are proposed with the change. See Attachment F draft ordinance language.
A Special Use Permit is a process that allows for case-by-case consideration of a unique use or site to
determine if a proposed use is permissible. This differs from a “by-right” or permitted use category
where no discretion applies to the consideration of the use. Property owner notification for all properties
within 200 feet of a site is required prior to the ZBA review of a specific application. Before a Special
Use Permit can be approved, the Zoning Board of Adjustment (ZBA) must determine that the proposed
use meets the general standards (see Attachment H – Special Use Permit Requirements and Criteria).
The Board’s action shall be based on stated findings of fact related to the criteria.
The benefit of a Special Use Permit is a disclosure of operations and configuration of a site for a use to
determine within the boundaries of the criteria if the use is compatible. The Special Use Permit alone
does not preclude uses or create separation requirements. Consideration of the area can relate to the
general conditions of the area for the proposed use, but the overall review will be focused on the
specific site that is the subject application before the ZBA.
Although not included with the proposal, some Special Uses do include additional criteria
established by the City Council that are applied to a project, in addition to the general criteria.
These types of uses are part of Article XIII of the Zoning Ordinance and can include design
4
requirements or other site requirements.
CONCENTRATION OR SEPARATION CRITERIA:
It should be noted that at the time the City Council allowed the requested text amendment to be
initiated, staff identified to the City Council that concentration or separation criteria could be
considered for a use of this type. However, depending on the method of limiting concentration,
doing so would likely limit the 702 Clark site that is the Romero House’s interest from
consideration since it abuts an existing Social Service Provider use of Youth and Shelter Services
(YSS).
Following the discussions at the P&Z Commission meeting and neighborhood inquires, staff has
looked at separation and concentration issues of uses. The City does utilize distance requirements
for some uses where over concentration could impact the character of an area, for example a
Family Homes for disabled individuals and supervised transitional living has a 500-foot
separation in residential zoning districts. In some ways 500 feet is not a large distance as it is
about 1 to 1 ½ block radius. The O-SFC is approximately 1500 feet north to south from 7th street
to 11 th and 2600 feet from Grand to Duff. Even accounting for existing facilities, a 500-foot
separation would permit many facilities within the O-SFC, especially to the western and northern
half of the district.
Staff did not identify a specific recommended zoning practice for separation, but did see examples of
separation requirements for other community, often substantially more than 500 feet. Concentration
percentages are also not specific recommended practices. However, this issue was investigated
extensively during the rental concentration discussions five years ago. At that time the consensus was
neighborhoods can change in ownership and long tenure residency when rental properties exceed 25-40
percent of neighborhood. At that time the City did not include Old Town because it was already above
40% non-ownership housing and had considered establishing a limit of 25% for other neighborhoods of
the City. Ultimately this approach was abandoned due to changes in state law.
Based on the input received by neighborhood residents subsequent to the P&Z Commission
meeting, City Council could elect to add additional standards to the request despite its initiation
of the request in July without requiring specific or additional standards. A multitude of options
would exist to add standards, and a precise language could be created once Council priorities are known
about the issue. For example, Staff has contemplated a unique option to add language limiting the
proposed use to only properties abutting commercial zoning with approval of special use permit. This
would limit options to properties that are located primarily along 7th Street because the south side of 7th
is zoned Neighborhood Commercial. Sixteen lots would be eligible, including the Romero House
property at 702 Clark. Three of the 16 lots are already social service providers. This approach does not
directly address concentration or separation, but does limit the potential spread of the uses into all areas
of the neighborhood.
AMES PLAN 2040:
For the City of Ames, the decision to create, change, or delete zoning district standards or the mapped
areas of the city are reviewed within the context of the comprehensive plan (Ames Plan 2040) and the
general standard of the public interest. Plan 2040 addresses multiple policy issues related to change and
growth within the community, including housing needs and neighborhood character. The Plan includes
general principles/goals that are then refined by policies/objectives. Zoning decisions, such as the
proposed text amendment, are considered more detailed implementation steps of the concepts of the
5
comprehensive plan. The addendum includes discussion of the most relevant sections of the Plan and
the Land Use Designation of RN-1-Traditional Neighborhood that applies to the area of the O-SFC.
Plan 2040 does not directly address issues related to needs of social service providers as it is a
niche use within the overall planning of the City of Ames. However, Plan 2040 does emphasize
maintaining neighborhood qualities and to balance this interest when considering proposed
changes, such as the proposed new use allowance. Since social service uses are allowed within the
City in other zoning districts, the question before the City Council is whether the O-SFC should
become an additional area where such a use could be sited. Plan 2040 does not directly address
this issue and consideration of its general policies are needed as part the review of the proposal.
NOTIFICATION:
As a zoning text amendment of general applicability, there is no direct property owner notice
requirement prior to review of the amendment by Council. Published notice did occur within the Ames
Tribune as required by law. As mentioned previously, City staff notified the Old Town Neighborhood
Association Board of the proposed amendment prior to the Planning and Zoning Commission meeting.
A Board member, from the Old Town Neighborhood Association, sent questions to staff about the
nature of the request/use, standards for the use, and the mix of other uses existing in the area related to
concentration and separation of non-residential uses. After the P&Z meeting the Staff sent a postcard to
all property owners within the O-SFC. The postcard provided background information, notification of
the public hearing to be held at the City Council meeting on October 8th, a map of the boundaries of the
Single- Family Conservation Overlay District, a link to more information on the City of Ames website,
and the contact information to reach a Planner with questions concerning the proposed zoning text
amendment. As noted earlier, staff has received calls and emails from residents of the area regarding the
proposal text amendment.
If the text amendment is approved, any future Special Use Permit application will have notice prior to a
ZBA public hearing sent to all property owners within 200 feet and a posted sign on site.
ALTERNATIVES:
1. Approve the first reading of a text amendment to Article 11 and the Allowable Uses in the “O-
SFC” (Single Family Conservation Overlay District) to allow Social Service Providers with a
Special Use Permit.
2. Approve on first reading the request to allow for Social Service Providers by approval of Special
Use Permit within O-SFC for lots that abut a commercially zoned lot.
3. Direct staff to modify the language of the text amendment, such as adding a
separation/concentration requirement, definition changes, special standards, or modified special
use permit criteria; and return for first reading at a future meeting.
4. Deny the proposed text amendment.
5. Direct staff to provide specific additional information before taking final action on the request.
6
CITY MANAGER'S RECOMMENDED ACTION:
Amending the zoning regulations to allow “Social Service Providers” as a use in the O-SFC, through
approval of a Special Use Permit, would not apply exclusively to the Romero House property at 702
Clark. It would also apply to other Social Service Providers in the O-SFC, or may choose to locate on
any other property, within the O-SFC, in the future. It also would allow for potential changes to the
existing facilities in the neighborhood.
Staff believes the that the first consideration for this request is if in general the use could be
compatible within the existing neighborhood conditions since it applies to one specific area of the
City and the concept of a social service use is already allowed within other zoning districts.
Secondly, the consideration of whether the permitting process with a SUP for a site-specific
evaluation process is an appropriate technique to address future concerns about such uses.
When this request was first presented, the Council authorized the Romero House to move ahead with
the process to request a zoning text amendment without any stipulations regarding separation or
concentration requirements, as was offered as a possibility by the staff. Relying on the focused
direction by the City Council and lack of neighborhood input, the staff recommended approval by the
Planning and Zoning Commission of the Romario House's request to add social service uses to the list
of allowable uses in the Single-Family Conservation Overlay District (O-SFC) with a Special Use
Permit approval process. Since the Commission meeting, neighborhood residents have provided a
number of persuasive arguments that warrant further consideration of this request.
If after reviewing all the information presented in the Council Action Form and input received by
the neighborhood residents, the City Council believes that O-SFC should be amended to allow
social service uses to be added to this zone subject to receipt of a Special Use Permit, then
Alternative #1 should be approved.
If, however, the City Council determines that it desires to accommodate some amount of new
social service uses in the O-SFC and, at the same time, have additional safeguards for the overall
single-family residential character of the neighborhood (the original intent of this Overlay), the
City Council should support Alternatives #2 or #3. If one of these alternatives are supported, no
final action should be taken at this meeting. Rather, the City Council should give direction to
staff whether an approach involving concentration, separation, or proximity to commercial lots is
preferred. The staff will then return to the Council in the future for final approval of a text
amendment.
ATTACHMENT(S):
ZTA O-SFC Social Service Providers.PDF
Addendum
Attachment A.pdf Letter
Attachment B.pdf Zoning Map
Attachment C.pdf
Attachment D.pdf
Attachment E.pdf
Attachment F.pdf
Attachment G.pdf
Attachment H.pdf
7
Attachment I.pdf
8
ORDINANCE NO. _______
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY AMENDING SECTION
29.1101(4)(v) THEREOF, FOR THE PURPOSE OF ALLOWING
SOCIAL SERVICE PROVIDERS WITH APPROVED SPECIAL
USE PERMIT IN THE SINGLE-FAMILY CONSERVATION
OVERLAY DISTRICT (“O-SFC”) 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 29.1101(4)(v) as follows:
“Sec. 29.1101. "O-SFC" SINGLE FAMILY CONSERVATION OVERLAY DISTRICT.
***
(4)Permitted Uses.
(a)Subject to the Building/Zoning Permit requirements of Section 29.1501, land,
buildings and structures may be used for the following purposes in an O-SFC Zone without City
Council approval, in accordance with standards and regulations of the Base Zone:
(i)Dwelling – Single-Family
(ii)Dwelling – Two Family
(iii)Bed & Breakfast Establishment (See Section 29.1302)
(iv)Vacation Lodging
(v)Social Service Providers (Special Use Permit approved by the Zoning
Board of Adjustment is required).
***”
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
9
Addendum-Social Service Providers Text Amendment
Zoning Districts that Allow Social Service Providers
Social Service Providers are allowed in the zoning districts described below. There are
three “Use” categories that allow Social Service Providers including “Pre-Existing Use,”
“Permitted Use,” and a use that requires approval of a “Special Use Permit.”
Zoning District Permitted Special
Use
Pre-existing
only
Residential Low-RL Y
Urban Core Residential
Medium-UCRM
Y
Residential Medium-RM Y
Floating Suburban Medium-FS-
RM
Y
Residential High -RH Y
South Lincoln Mixed Use-S-
SMD
Y
Neighborhood Commercial-NC Y
Community Commercial Node-
CCN
Y
Community Commercial Reg-
CCR
Y
Convenience General Service-
CGS
Y
Highway Commercial-HOC Y
Planned Regional Commercial-
PRC
Y
Downtown Service Center-CSC Y
Campustown Service Center-
CSC
Y
Agriculture-A Y
Ames Plan 2040
Plan 2040 contains multiple types of goals and policies that shape the built environment
of the City and the uses allowed within the City. There may be competing interests or
goals that require consideration and prioritization by the Council when making land use
or zoning decisions.
10
Staff believes the most relevant components of Ames Plan 2040 to the proposed change
are the Growth and Land Use Element and the Neighborhoods, Housing, and Sub-Areas
Element with the Land Use designation as having the most specific applicability to
changes to O-SFC. None these Elements include specific language regarding social
service uses directly.
Growth and Land Use Element includes the principle of G6 of Planning for Equity with
consideration of diverse needs and to include diverse opinions within the process of
review.
The Land Use principle of LU2 for Compatibility and Flexibility that applies to the issue
of changing uses within established areas.
The Housing, Neighborhood, SubArea Element includes principles H1 Housing Choice
related to housing needs and attainability while the principle H2 Neighborhood Quality
focuses on consideration of maintaining neighborhood character of the building quality.
In addition to general principles, Plan 2040 utilizes Land Use designations to describe
character of areas and to refine issues pertinent to different geographies of the city. In
this case the O-SFC zoning overlay area is primarily designated “Residential
Neighborhood 1 (RN-1: Traditional), with the exception of the southwest corner of the
area for properties with the designation of “Core” between 6th Street and 7th Street and
west of Clark Avenue (see Attachment C –Ames Plan 2040 Future Land Use).
Residential Neighborhood 1 (RN-1: Traditional) Land Use Designation (See
Attachment-D)
11
12
Attachment A
Request to Council
13
Attachment B
Single Family Conservation Overlay Zoning District (O-SFC)
14
Attachment C
Ames Plan 2040 – Future Land Use
15
Attachment D
Residential Neighborhood 1 (RN-1: Traditional)
16
Attachment E
“Core” Land Use Designation
17
Attachment F
Proposed Zoning Text Amendment
Section 29.1101. “O-SFC” Single Family Conservation Overlay District
(4) Permitted Uses.
(a) Subject to the Building/Zoning Permit requirements of Section 29.1501, land,
buildings, and structures may be used for the following purposes in an O-SFC Zone
without City Council approval, in accordance with standards and regulations of the
Base Zone:
(i) Dwelling – Single-Family
(ii) Dwelling – Two-Family
(iii) Bed & Breakfast Establishment (See Section 29.1302)
(iv) Vacation Lodging
(v) Social Service Provider (Special Use Permit approved by the
Zoning Board of Adjustment is required)
18
Attachment G
(O-SFC) Single Family Conservation Overlay District Requirements
Sec. 29.1101. "O-SFC" SINGLE FAMILY CONSERVATION OVERLAY DISTRICT.
(1) Purpose. The Single-Family Conservation Overlay (O-SFC) Zone is intended to
conserve the existing single-family residential character of areas identified as O-SFC
adjacent to the downtown. The O-SFC is intended to protect single-family
neighborhoods while guiding the transition to higher density and compatibility with the
surrounding uses where intensification is permitted. The O-SFC is meant to help
maintain the general quality and appearance of the neighborhoods; promote a more
cohesive look to the neighborhoods; recognize the neighborhood characteristics as a
major part of the City's identity and positive image; promote local design qualities;
stabilize and improve property values; reduce conflicts between new construction and
existing homes; and allow a limited amount of increased housing densities.
(2) Definitions. See Section 29.201 of this Ordinance.
(3) Findings. The O-SFC is based in part on the findings that:
(a) Conservation of older residential areas continues to provide a broad range of
housing choices;
(b) Conservation of architecturally significant structures adds to the distinctiveness
of a neighborhood and encourages a sense of "place";
(c) The downtown is strengthened by the existence of healthy residential
neighborhoods nearby;
(d) The existing single-family residential character can be conserved while guiding
the transition and compatibility where intensification is permitted; and
(e) Standards that encourage in-fill development, retain the values of surrounding
development and protect the City's unique character will promote stable
neighborhoods.
(4) Permitted Uses.
(a) Subject to the Building/Zoning Permit requirements of Section 29.1501, land,
buildings and structures may be used for the following purposes in an O-SFC
Zone without City Council approval, in accordance with standards and
regulations of the Base Zone:
(i) Dwelling – single-Family
(ii) Dwelling – Two Family
(iii) Bed & Breakfast Establishment (See Section 29.1302)
(iv) Vacation Lodging
(b) All uses and structures conforming to the Base Regulations, and all lawfully
vested nonconforming uses and structures that exist in the O-SFC on the
effective date of the amendment of the official zoning map to show the O-SFC
are hereby deemed to be conforming with the terms of this Section. The O-SFC
shall not be deemed to create a nonconforming use or structure within the scope
of Section 29.307.
(5) Site Development Plan Review. In the O-SFC, there shall be no construction of a new
multifamily building or any addition to an existing multifamily building or to a
nonconforming building whether vested or not until after Plan approval is granted
19
pursuant to the provisions contained in this Section and Section 29.1502(4), unless
exempted by Section 29.1101(4)(a) above. Approval decisions under this Section
29.1101 for sites located in a Historic Preservation District shall be made by the
Historic Preservation Commission. For sites in the O-SFC but not in a Historic
Preservation District, Site Development Plan approval decisions shall be made by the
City Council.
(6) Intensification Limited. In the O-SFC the maximum number of dwelling units, of any
kind defined in Section 29.201, shall not at any time be permitted to exceed 648.
Approved accessory dwelling units (ADUs) after January 1, 2024, are exempt from this
limitation. Additionally, in the O-SFC, apartment dwellings shall not be permitted
unless the plans for the project meet the following standards:
(a) The existing infrastructure must be sufficient to support the proposed project at
the time of application, or sufficient infrastructure shall be provided as a part of
the proposed project. "Sufficient infrastructure" includes water distribution,
sanitary sewer, storm drainage, fire protection, streets and transportation, refuse
collection, greenway connectors and/or sidewalks;
(b) The development has convenient access to public services, public
transportation, or major thoroughfares;
(c) Housing developments shall be in character with the surrounding
neighborhood(s) in terms of scale and character of the architectural elements;
and
(d) Any yard that abuts another residential Zone, dwelling unit type or density shall
be not less than the corresponding front, side, or rear yard requirement of the
adjacent district, dwelling unit type or density.
(7) Bulk Regulations. Land, buildings and structures used in the O-SFC shall comply with
the lot area, lot width, and yard requirements as provided in the Base Regulations.
(8) Landscaping, Screening and Buffer Areas. Landscaping, screening and buffer areas
shall be provided in accordance with Section 29.403.
(9) Compatibility Standards. New construction of any principal building or other
structure or any change in the use of land shall comply with the following compatibility
standards. Accessory dwelling units (ADUs) are not subject to the compatibility
standards.
(a) Driveways. All new driveways that are located in the front yard shall be of a
width no greater than 12 feet. This width limitation shall apply to only that area
between the street and the primary facade of the structure. The front yard shall
always be the narrowest portion of a lot that fronts a street. For lots accessible
from an alley, any new driveway shall be constructed in the rear yard with
access only from the alley. Existing front yard driveways may be maintained or
replaced but shall not be widened to more than 12 feet in width. Driveways
leading from an alley that provide access to a parking lot may be constructed at
a width of 16 feet.
(b) Garages. The purpose of this subsection is to establish the setback requirement
for i) garage setback from an alley and ii) garage setback from the front of a
principal building. Detached garages that open to an alley shall be located either
8 feet from the property line abutting the alley or a minimum of 20 feet from
the property line abutting the alley. No setback distance that is more than 8 feet
20
but less than twenty feet shall be allowed. All garages, attached or detached,
shall be set back a minimum distance of 18 feet behind the primary facade of
the principal building on the lot.
(c) Parking. No parking lot shall be located in the front yard or side yard of any lot.
Only rear yard parking lots are allowed.
(d) Trees. Any tree that is removed from the street right-of-way shall be replaced
in the street right-of-way as close to the original location as possible.
(e) Solids and Voids. A solid to void ratio shall be required for the primary facade,
including any recessed facades that face the front yard, and the secondary
facade. The void requirements for the primary facade of new buildings shall be
a minimum of 15% and a maximum of 80%.
(f) Roofs. A minimum roof pitch of 6:12 rise to run shall be required. However,
mansard and mansard-style roofs will be permitted. Building additions, with the
exception of porches and stoops, shall be required to have similar roof pitches
as the existing structure to which they are being added. The roof pitch
requirement shall not apply to porches or stoops.
(g) Dormers. Where the primary facade does not have a gable facing the street, a
minimum of one dormer shall be required for every 15 feet of street-facing roof
width, after the first 20 feet.
(h) Windows. Windows shall have a width-to-height ratio of 2:3. This requirement
shall only apply to the primary facade, front facing recessed facades, and the
secondary facade. In addition, an exception will be made for decorative
windows, gable windows, or a single large window where the interior floor plan
contains a space where such a window type would be expected.
(i) Entrances. There shall be an entrance with a porch or stoop on the primary
facade of any new structure. This entrance shall face the street and be accessible
by means of a paved walkway. No more than one entrance shall be placed on
any primary or recessed facade.
(j) Porches. Where a porch is constructed, the porch shall have a depth of not less
than 6 feet and shall extend a minimum of 50% of the width of the facade to
which it is attached. Porches shall not be enclosed by walls, windows, or solid
doors and shall not exceed 10 feet in height measured from the floor of the first
story to the roof line.
(k) Stoops. A stoop shall be of a width not greater than 30% of the width of the
facade to which it is attached and shall be of a depth not less than 4 feet. Stoops
shall not be enclosed by walls, windows, or solid doors and shall not exceed 10
feet in height, measured from the floor of the first story to the roof line. The
roof of a stoop that is supported by brackets shall project from the building a
minimum depth of 4 feet.
(l) Foundations. Substantial foundation plantings shall be required to screen the
base of the primary and secondary facade of any new building. The first floor
elevation shall be constructed a minimum of one and one-half feet above grade.
Grade shall be determined at the high point of the sidewalk that is located in the
public right-of-way parallel to and abutting the front of the lot. In addition,
ground-mounted mechanical units shall be screened with plantings.
21
(m) Orientation. Structures shall be situated at right angles with the street. Primary
facades shall be parallel with the street to which they front. Buildings shall be
oriented perpendicular to the front facing facade.
(n) Width - Building. No building shall be constructed or remodeled to have a width
greater than 76 feet.
(o) Width - Facade. The primary facade of a building shall have a width between
the range of 24 feet and 38 feet. Any portion of the building that is wider than
the primary facade shall be recessed from the primary facade a distance of not
less than 8 feet. A second primary facade will be permitted, provided that it is
separated by a recessed facade that conforms to the minimum facade width of
24 feet.
(p) Height. No structure shall be constructed or remodeled to a height greater than
3 stories or 40 feet, whichever is lower.
(q) Lot Configurations. Lots in the O-SFC shall remain configured as they are on
the date that the O-SFC regulations go into effect. In the O-SFC a Zoning Permit
shall not be issued with respect to one or more dwelling units to be established
on a lot formed by the combination of 2 or more lots or the combination of the
parts of 2 or more lots or the combination of a lot and a part or parts from one
or more lots.
(r) Compliance. New buildings shall be constructed in full compliance with
subsections (a) through (q) above. In building additions or remodeling it is not
required that the entire building be brought into full compliance with
subsections (a) through (q). It is only required that the addition or remodeling
comply. It is required that the addition or remodeling does not have the effect
of increasing the level or degree of nonconformity of the building as a whole.
(10) Parking Requirements. Off-street parking shall be provided and maintained in
accordance with the Base Regulations.
(11) Historic Preservation. In those parts of the O-SFC that have been designated as
Historic Preservation District, the historic preservation regulations of Chapter 31 shall
also apply in addition to the Base Regulations and the O-SFC regulations. In the event
of conflict between the historic preservation regulations and the O-SFC regulations, the
historic preservation regulations shall control. Any plan approval decision required by
this Section shall be made by the Historic Preservation Commission when the site is in
an Historic Preservation District. When the site is not in an Historic Preservation
District, the Site Development Plan approval decision shall be made by the City
Council.
22
Attachment H
Special Use Permit Requirements and Criteria
Sec. 29.1503. SPECIAL USE PERMIT.
(1) Purpose. This Section is intended to provide a set of procedures and standards for
specified uses of land or structures that will allow practical latitude for the investor or
developer, but that will, at the same time, maintain sound provisions for the protection
of the health, safety, convenience, and general welfare. This Section permits detailed
review of certain types of land use activities that, because of their particular and unique
characteristics, require special consideration in relation to the welfare of adjacent
properties and to the community as a whole. Land and structural uses possessing these
characteristics may be authorized within designated Zones by the issuance of a Special
Use Permit. This Section also provides for the use of Single-Family Dwellings, Two
Family Dwellings, and Single Family Attached Dwellings by a Functional Family.
(2) Submittal Requirements. In accordance with Section 29.1503, Applicants must
submit an Application for a Special Use Permit to the Planning and Housing
Department for consideration by the Zoning Board of Adjustment. The Application for
a Special Use Permit shall be accompanied by:
(a) A statement of supporting evidence that the general and specific standards as
delineated in this Article will be fulfilled;
(b) A Site Plan meeting all the submittal requirements stated in Section 9.1502(2),
unless no site improvements are required; and
(c) Preliminary plans and specifications for all construction, as applicable.
(3) If a proposed Special Use is within an existing building and improved site, plans for
use of the site and building must be submitted in lieu of the Site Plan requirements.
(4) Procedure for Special Use Permits.
(a) Zoning Board of Adjustment. The Zoning Board of Adjustment shall consider
the application at a public hearing conducted as part of a regularly scheduled
meeting. Notification of the public hearing shall be made by mail, posting, and
publication, in accordance with Sections 29.1500(2)(d)(i), (ii) and (iii) above.
The Zoning Board of Adjustment must approve, deny, or modify the Special
Use Permit application within 60 days of the public hearing.
(b) Public Hearing Required. Prior to disposition of an application for a variance,
the Zoning Board of Adjustment shall hold a public hearing. Notice of the
public hearing shall be by mail, posting, and publication, in accordance with
Sections 29.1500(2)(d)(i), (ii) and (iii) above.
(5) Review Criteria. Before a Special Use Permit application can be approved, the Zoning
Board of Adjustment shall establish that the following general standards, as well as the
specific standards outlined in subsections (b), (c), and (d) below, where applicable,
have been or shall be satisfied. The Board's action shall be based on stated findings of
fact. The conditions imposed shall be construed as limitations on the power of the
Board to act. A mere finding that a use conforms to those conditions or a recitation of
those conditions, unaccompanied by specific findings of fact, shall not be considered
findings of fact for the purpose of complying with this Ordinance.
23
(a) General Standards. The Zoning Board of Adjustment shall review each
application for the purpose of determining that each proposed use meets the
following standards, and in addition, shall find adequate evidence that each use
in its proposed location will:
(i) Be harmonious with and in accordance with the general principles and
proposals of the Comprehensive Plan of the City;
(ii) Be designed, constructed, operated, and maintained so as to be
harmonious in appearance with the existing or intended character of the
general vicinity and that such a use will not change the essential
character of the area in which it is proposed;
(iii) Not be hazardous or disturbing to existing or future uses in the same
general vicinity;
(iv) Be served adequately by essential public facilities and services such as
highways, streets, police, fire protection, drainage structure, refuse
disposal, water, and sewage facilities, and/or schools;
(v) Not create excessive additional requirements at public cost for public
facilities and services;
(vi) Not involve uses, activities, processes, materials, equipment, or
conditions of operation that will be detrimental to any person, property,
or general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare, or odors; and
(vii) Be consistent with the intent and purpose of the Zone in which it is
proposed to locate such use.
(b) Residential Zone Standards. The Zoning Board of Adjustment shall review each
application for the purpose of determining that each proposed use in a
residential zone meets the following standards, as well as those set forth in
Section 29.1503(4)(a) above and, in addition, shall find adequate evidence that
each use in its proposed location will:
(i) Not create excessively higher levels of traffic than the predominant
pattern in the area and not create additional traffic from the proposed
use that would change the street classification and such traffic shall not
lower the level of service at area intersections;
(ii) Not create a noticeably different travel pattern than the predominant
pattern in the area. Special attention must be shown to deliveries or
service trips in a residential zone that are different than the normal to
and from work travel pattern in the residential area;
(iii) Not generate truck trips by trucks over 26,000 pounds g.v.w (gross
vehicular weight) to and from site except for food delivery vehicles,
waste collection vehicles and moving vans;
(iv) Not have noticeably different and disruptive hours of operation;
(v) Be sufficiently desirable for the entire community that the loss of
residential land is justifiable in relation to the benefit;
(vi) Be compatible in terms of structure placement, height, orientation, or
scale with the predominate building pattern in the area;
(vii) Be located on the lot with a greater setback or with landscape buffering
to minimize the impact of the use on adjacent property; and
24
(viii) Be consistent with all other applicable standards in the zone.
(c) Commercial Standards. The Zoning Board of Adjustment shall review each
application for the purpose of determining that each proposed use located in a
commercial zone meets the following standards as well as those set forth in
Section 29.1503(4)(a) above and, in addition, shall find adequate evidence that
each use in its proposed location will:
(i) Be compatible with the potential commercial development and use of
property planned to occur in area;
(ii) Represent the sufficiently desirable need for the entire community that
the loss of commercial land is justifiable in relation to the benefit; and
(iii) Be consistent with all other applicable standards in the zone.
(d) Special Use Permits for Functional Families.
(i) Purpose. This Section is to provide for the regulation of Functional
Families that may request to reside in a Single-Family Dwelling, Two
Family Dwelling or Single Family Attached Dwelling. The regulations
are also intended to prohibit larger groups of unrelated persons from
residing in Single Family Dwellings, Two Family Dwellings, or Single
Family Attached Dwellings. Larger groups of unrelated persons have
frequently shown to have a detrimental effect on Single Family
neighborhoods since larger groups of unrelated persons do not live as a
family unit and do not have significant economic or emotional ties to a
neighborhood.
(ii) Standards of Functional Families. The Zoning Board of Adjustment
shall review each application for a Special Use Permit for a functional
family as provided for in this section after having determined that the
application meets the following standards:
(a) The functional family shares a strong bond or commitment to a
single purpose (e.g., religious orders);
(b) Members of the functional family are not legally dependent on
others not part of the functional family;
(c) Can establish legal domicile as defined by Iowa law;
(d) Share a single household budget;
(e) Prepare food and eat together regularly;
(f) Share in the work to maintain the premises; and
(g) Legally share in the ownership or possession of the premises.
(e) Conditions. The Board may impose such additional conditions as it deems
necessary for the general welfare, for the protection of individual property
rights, and for ensuring that the intent and objectives of this Ordinance will be
observed.
(6) Lapse of Approval. All Special Use Permits shall lapse 12 months after the date of
issuance unless the use is undertaken, or a building permit has been issued and actual
construction started. Where unusual circumstances may prevent compliance with this
time requirement, the Zoning Board of Adjustment may, upon written request by the
affected permittee, extend the time for required start of construction an additional 60
days. Excavation shall not be considered construction for the purpose of enforcing this
Section.
25
(7) Successive Applications. In the event that the Board denies an application for a Special
Use Permit, a similar application shall not be refiled for 12 months from the advertised
public hearing date. The Board, on petition by the applicant, may permit a refiling of
this application after 6 months from the original hearing date when it determines that
significant physical, economic or land use changes have taken place within the
immediate vicinity, or a significant zoning ordinance text change has been adopted, or
when the reapplication is for a different use than the original request. The applicant
shall submit a detailed statement setting out those changes that he or she deems
significant or upon which he or she relies for refiling the original application.
(8) Site Plans approved as part of a Special Use Permit. All site plans approved as part
of an approved Special Use permit may only be amended pursuant to the same
procedures for approving Minor Changes to a Major Site Development Plan as
provided in Section 29.1502(6).
26
Attachment I
Ames Romero House Background
At the meeting on July 9, 2024, City Council received a request from Matt Mitchell,
Founder and Board Member of the Ames Romero House (see Attachment A – Request
to Council). The request is to have the City Council initiate a zoning text amendment to
the “O-SFC” (Single Family Conservation Overlay District) to facilitate allowing, by Special
Use Permit, establishment of new Social Service uses that are currently not permitted
within the Overlay. This request is principally for the purpose of expanding/relocating the
current 709 Clark Avenue Romero House to a second property at 702 Clark Avenue.
Ames Romero House has been operating as a non-profit organization at 709 Clark
Avenue since September 2020. In 2021 there was correspondence with staff about use
of the single-family home at 709 Clark and its limitations of use related to the rental code
and household living for a single-family dwelling. At that time, the use was not defined as
a “Social Service Provider” based upon staff’s understanding of the activities and nature
of the use for overnight stays.
Based upon recent conservations with the Romero House representatives and a review
of their onsite activities, the use aligns with the description of a “Social Service Provider”
more than a “Household Living” use. The operator of the Romero House now describes
the operations of their existing site and desired expansion to 702 Clark as resulting in five
men living at 709 Clark and to have hospitality services for public use at the planned 702
Clark Avenue site.
The Romero House self-describes offering hospitality services to those who seek
assistance in Ames. The services include daytime hospitality through the provision of
food, a shower, winter clothes, and laundry facilities between the hours of 1:00 pm and
4:00 pm, Monday through Friday, and from 10:30 am to 4:00 pm on Sundays. They have,
in the past, also had religious services or larger gatherings at 709 Clark, which is not
proposed to occur in the future.
27