Item B: Initiating Code Amendment for Downtown-Related Zoning Regulations

Home Browse Search

(ERAC). Staff met with ERAC five times between July 2004 and February 2005. On March 15, 2005, staff met again with the Planning Commission to present issues and ideas highlighted by ERAC. The Planning Commission expressed support for the general direction identified involving possible code amendments to downtown-related regulations, with the understanding that further evaluation of these topics was necessary. The discussions at these public meetings were organized primarily around the following key questions: 1. Are the City’s zoning regulations for downtown aligned with Growth Management and Downtown Plan Policies? In addition, are they easy to use, consistent and effective? 2. Are any changes required? If so, what direction should we be considered? Based on the discussions held so far, it appears that most of the zoning regulations are working to support the type of development desired downtown, and that an entirely new zone for downtown is unnecessary. However, these discussions highlighted four areas where the City’s current zoning regulations are difficult to use, conflict with adopted plans and policies regarding downtown, and present a barrier to the type of development envisioned in the Downtown Plan. Specific issues identified are outlined in the following discussion; solutions to address these issues will need to be developed as part of the code amendment process. 1. C-2 Community Commercial C-2 is the main commercial zone throughout the city, and is applied to approximately half of the commercially zoned properties downtown. All properties zoned C-2 are required to have 60% of the ground floor building street frontage in nonresidential use. Currently, the C-2 requirement cannot be waived or modified through the Adjustment Review process. While this requirement addresses the need to maintain commercial uses in areas zoned C-2, the requirement was seen as overly prescriptive for property located downtown, and potentially discouraging to residential development. Although commercial uses on the ground floor are desired, the city currently has a substantial amount of vacant ground floor commercial space downtown. In addition, adding nonresidential uses to a residential building changes building code requirements, adding cost and complexity to the development. 2. C-3 Major Commercial Approximately half of the commercially zoned property downtown is zoned C-3, Major Commercial. Most of the properties zoned C-3 are in the Downtown Urban Renewal District, which covers the commercial core of downtown. Surface parking within C-3 is limited to no more than 20 spaces. The purpose of this requirement is to ensure that undeveloped land is not used for surface parking lots in the core of downtown. It should be noted that little vacant land exists downtown that is zoned C-3, so the practical impact of this regulation is limited, unless existing properties are rezoned to C-3 or buildings are razed on property currently zoned C-3. Two issues were identified with this regulation: 1) the role that surface parking plays as an interim use; and 2) the need for surface parking for activities that are highly desirable downtown. As an interim use, parking areas downtown can essentially function as a land banking strategy. For example, the U.S. Bank building is an eight-story building located on half its development site, with the other half currently used for parking. This parking lot allows for potential development in the future, as land values increase and parking is no longer the highest and best use. L:\CMO\2005 Council Agendas\M050912\S050912B.doc