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Council reviews first reading of zoning amendment to allow below-grade residential and lodging in CBD
Summary
Council held a first reading of a proposed zoning ordinance amendment to permit residential units and lodging below average grade in the Central Business District to encourage redevelopment and add housing; council discussed building-code and review standards, short-term rental rules and refuse collection.
City Council took up a first reading of a zoning amendment to allow certain residential and lodging uses in below-average-grade spaces in the Central Business District (CBD), a change staff and downtown advocates say could make redevelopment projects more viable and increase housing options downtown.
Why it matters: allowing residential and lodging uses below grade in the CBD could create new housing units, help rehabilitate older buildings and broaden property-use options for developers, subject to building- and fire-code compliance and special-use review.
City Manager Shane Horn and planning staff said the amendment would formalize existing below-grade commercial uses and provide a path for residential conversion. The draft makes below-grade residential and lodging special-condition uses subject to review; planning commissioners recommended specific additional standards for residential units (a–e in the draft) to address human-occupancy issues.
Councilmembers discussed several technical and policy points. Councilmember DeMour asked that hotel lodging be included under the same additional standards proposed for residential below-grade units; planning staff said the general special-use standards (Section 17-17) would apply to hotels but agreed the council could add hotels to the residential standards if desired. City planner John Eichelangeli and other staff noted that building, electrical, mechanical, plumbing and fire codes control occupant safety and that any below-grade dwelling or lodging will need to meet those codes and county permitting.
Members also questioned the continued prohibition of short-term rentals below grade while allowing long-term residential use; staff explained past policy choices prioritized long-term housing over short-term units in lower levels. Councilmember Walker raised refuse-collection constraints where alleys are the only practical staging areas and asked whether existing below-grade units would be grandfathered; planning staff said existing units would be grandfathered but that new approvals would be reviewed for alternative refuse arrangements where alleys are used.
Next steps: this was a first reading; staff and the planning commission will consider the council’s drafting requests (including whether to add hotels to the additional standards), and the council will review a revised draft at a subsequent meeting. Any approved below-grade residential or lodging units would still require necessary building-code approvals and planning special-use review.
