HomeMy WebLinkAboutA001 - Council Action Form dated June 10, 1986 .09
TEM #:,,gam,
ATE: 6 TFO/86
• COUNCIL ACTION FORM
SUBJECT: Motion Setting a Date for Public Hearing on Proposed Amendments to
the Zoning Ordinance and Subdivision Ordinance
BACKGROUND:
The City Council has established, as one of its targets , a goal to reduce
development costs in line with overall City policies.
In the fall of 1984, the process of identifying methods of reducing
development costs was initiated , and an outgrowth of this process was to
reduce the time necessary for obtaining development permit approval . This
request was provided directly from the representatives of the development
community of the City ( i .e. , Ames Home Builders Association, Ames Board of
Realtors, Economic Development Commission, Chamber of Commerce, and specific
builders and developers) .
The proposed amendment language goes a long way in accomplishing this desire
by providing for the submission of planning documents directly to the
Department of Planning and Housing instead of the City Clerk for City Council
referral to the Planning and Zoning Commission . This change alone may save,
in some instances , as much as two weeks due to eliminating this
rather-mechanical procedural step. This change will occur for plans submitted
• that are located in areas zoned P-C and P-I . This change will also relate to
PUD plans filed in keeping with the Zoning Ordinance plus conceptual
development plans filed for approval as part of the Subdivision Ordinance.
Other changes included in the proposed amendments are of a "housekeeping"
nature in that they delete any reference to the Community Development
Department and replace that reference with the Department of Planning and
Housing.
Another proposed change in Section 29.25(4) would place approval authority of
development plans in the G-I (General Industrial zone) in the hands of the
Director of Planning and Housing. At present, this authority rests with the
City Manager.
Section 29 .49 of the Ordinance is proposed for amendment by requiring site
plan approval for any development in the C-C ( Concentrated Commercial zoning
district ) . This does add a procedural requirement that has not existed in the
past, yet the staff believes this change to be reasonable in that it will aid
the City in ensuring that development does comply with the few substantive
zoning requirements that do exist.
A proposed amendment to Section 29.73 of the Zoning Ordinance would make the
Ordinance current with recent changes in Iowa law relative to protest
procedures regarding a zoning decision.
• Two other proposed changes to the Subdivision Ordinance would now require the
filing of Administrative Plats with the Department of Planning and Housing and
2
grant authority to the Director of Planning and Housing regarding the
• determination of street name duplication . The City Attorney and other
affected departments have reviewed the proposed Ordinance amendments and have
found the proposed changes to be satisfactory.
The Planning and Zoning Commission reviewed these proposed amendments at their
meeting of May 21, 1986 and has recommended their approval .
ALTERNATIVES:
1. The City Council can approve of the proposed Ordinance amendments and set
July 29, 1986 as the date for the public hearing on the proposed
amendments.
2. The City Council can deny approval of the proposed Ordinance amendments.
3. The City Council can table action on the proposed amendments and refer
the issue back to the Planning and Zoning Commission for further review
and study.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt
Alternative 1. This will set July 29, 1986 as the date of the public hearing
on the proposed amendments to the Zoning and Subdivision Ordinances.
• COUNCIL ACTION:
•
• PROPOSED CHANGES TO THE ZONING ORDINANCE
MAP CHANGES. . . . . . . . . . . .1. Delete last sentence in 29.6 and replace with
sentence below.
Section 29 . 6. Change in Map The official
Zoning map shall be reviewed annually by the
Department of Planning and Housing for
compliance to any amendments made by the City
Council through the past year.
R-5 DISTRICT. . . . . . . . . . .2. Delete first sentence in 29.20( 20) and replace
ith sentence bel
wow.
Application and Review Procedure . An
application for approval of a plan for use and
development of the land shall be made to the
City of Ames by filing an application , in
writing , in the Office of the Department of
Planning and Housing for review and
recommendation by the Planning and Zoning
Commission. . .
• C-C DISTRICT. . . . . . . . . . .3. Insert 29 . 23( 4) which will make site plan
submittal a requirement.
Section 29.23(4) . Site Plan Requirement. As
required by Section 29.49.
P-C DISTRICT. . . . . . . . . . .4. Delete first sentence in 29.24(2)(b) and replace
with the sentence below.
Section 29.24( 2) (b) . The Planning and Zoning
Commission, with the assistance of the staff of
the Department of Planning and Housing, shall ,
prior to any area being designated as a P-C
District, determine for such area those uses in
the above list which are likely to have a
tendency to have a detrimental impact so as to
be impermissible at the site under any
condition. . .
4a. Delete last sentence in 29.24(3) and replace with
the sentence below.
Section 29.24( 3) . All information shall be
su mute to the Department of Planning and
Housing unless otherwise waived by the Director
• of the Department of Planning and Housing.
2.
• 4b. Delete 29.24(4) and replace with paragraph below.
Section 29 . 24( 4) - Review Procedure. The
proposed plan as required in sub-part ( 3) above
along with an application form shall be filed in
the Office of the Department of Planning and
Housing for review by the Planning and Zoning
Commission. The Planning and Zoning Commission
shall make a recommendation, in writing, to the
City Council . Such recommendation shall include
a statement of evidence, assumptions , and the
reasoning on which its recommendation is based.
Thereafter , the City Council shall either
approve or deny the plan and shall make a record
of the evidence, findings, and conclusions on
which the decision is based.
G-I DISTRICT. . . . . . . . . . .5. Delete first paragraph in Section 29 .25( 3) and
replace with paragraph below.
Section 29 . 25 ( 3) . Application for Zoning
Permit . Whenever any person proposes to
develop/redevelop any tract or parcel of land in
the General Industrial District , he/she shall
• submit a request for site plan approval to the
Office of the Department of Planning and Housing.
Within 15 days after submittal , the Director
shall approve, approve with modifications , or
deny the request . Upon approval or approval
with modifications , a Building Permit may be
issued . Upon denial , an appeal may be made to
the Zoning Board of Adjustment . The City
Planning staff will assist the applicant with
the preparation of the application which shall
include the following information as
applicable. . .
5a. Delete reference to City Manager and replace with
Director of Planning and Housing as noted below.
Section 29 .25( 4) . Standard for Decision. No
building/Zoning Permit will be issued or any
use in the "G-I " District if the determination
is made by the Director of Planning and Housing,
exercising independent judgment, that there is
reason to believe that the proposed use or
structure, as presented by the application, will
create a nuisance in terms of diminished air
quality, smoke , noise, toxic matter, odor,
• vibration , glare, sewage waste, heat or other
condition detrimental to the public health and
safety or reasonable use, enjoyment and value of
other properties; or, diminish the quality or
3
quantity of any utility service presently
• provided by the City of Ames . Furthermore, no
Building/Zoning Permit shall be issued unless
all other applicable city, state and federal
regulations are complied with and all permits
required by the Iowa Department of Water, Air
and Waste Management are obtained.
P-I DISTRICT. . . . . . . . . . 6. Delete sentence and replace with sentence below.
Section 29 . 26( 2 ) ( e ) . A financial report
indicating: Evidence of financial resources to
ensure satisfactory completion of the proposed
development, including bond or cash escrow, to
guarantee satisfactory performance of the
provisions of the site and landscape plan in a
sum established by the Director of Planning and
Housing.
6a. Delete first two sentences in Section 29.26(3) and
replace with the sentence below.
Section 29 . 26( 3) - Application and Review
Procedure. The plan as required by Section
29 . 26( 2) along with an application shall be
filed in the Office of the Department of
• Planning and Housing for review by the Planning
and Zoning Commission.
SPECIAL USE PERMIT. . . . .7. Delete first sentence in Section 29 .45( 1 ) and
replace with sentence below.
Section 29 .45( 1) - Submission of Application.
An application shall be submitted to the
Department of Planning and Housing on forms
provided by that Office.
PUD. . . . . . . . . . . . . . . . . . . .8. Delete first sentence in 29.47(2)(a) and replace
with sentence below.
Section 29.47(2)(a) - Pre-application Conference.
Prior to any application for PUD Plan approval ,
contact shall be made with the Department of
Planning and Housing for a pre-application
conference.
8a. Delete first paragraph in 29 47(2)(b) and replace
with paragraph below.
Section 29.47( 2) (b) - Application for PUD Plan
Approval . After the pre - application
• conference, application(s) for PUD Plan approval
shall be made to the City of Ames on forms
provided by the Department of Planning and
Housing . The City Planning and Zoning
4°
• Commission shall review the PUD Plan and make a
recommendation to the City Council within 60
days of the filing of the application in the
Office of the Department of Planning and
Housing. Upon written request and approval by
the City Council , an additional 60 days may be
granted to the Planning and Zoning Commission
for review and recommendation. All technical
assistance to the Planning and Zoning Commission
on the application shall be coordinated by the
Department of Planning and Housing.
8b. Delete first paragraph of 29.47(4) and replace
w1th paragraph below.
Section 29.47( 4) - Changes in approved plan .
Changes of a minor nature may be authorized in
an approved plan by the Director of Planning and
Housing. However , any proposed change of a
major consequence is only authorized by City
Council upon recommendation by the Planning and
Zoning Commission. . .
8c. Delete last sentence 29.47(4) and replace with
sentence below.
Section 29.47( 4) . . .No permits will be issued
that are contrary to the approved PUD Plan until
the owners of the property have amended the PUD
Plan, and the amendment has been approved by the
City Council , or the property is rezoned to
remove the PUD overlay.
R-3, R-4, G-C and H-M. .9. Replace all references in 29.49 to the Communit
m y
Developent Department and the Director of
Community Development with the Department of
Planning and Housing and the Director o Plann�nq
and Housing. Also some minor modifications in the
ordig
wn were made . C-C zoning district is
included as requirin site plan approval
Section 29 .49. Statement of Intent. It is the
intent and purpose of this section to establish
a procedure which will enable the City
government to plan for and review certain
proposed improvements of property within
districts R-3, R-4, H-M, G-C and C-C. . .
9a. Section 29.49. Procedure. Whenever a person
proposes to develop/redevelop any tract or
• parcel of land in any of the above-named zoning
districts , that person shall submit to the
Department of Planning and Housing an
application for site plan approval .
5
• All required information shall be submitted to
the Department of Planning and Housing for
review and processing, and an application shall
not be processed until all necessary information
is submitted . Within 15 days after submittal ,
the Director of Planning and Housing shall ,
*in a written decision stating findings of
fact and conclusions pertaining to the above
standards * , approve , approve with
. . .*May be deleted. modifications, or deny the request. . .
*
9b. Section 29 .49 - Required Information . Plans
which are submitted for review shall be drawn to
an appropriate scale and shall include, as a
minimum, the following items of information ,
unless otherwise waived by the Director of
Planning and Housing. . .
9c. Section 29 .49( 15) . Soils tests and similar
information if deemed necessary by the
Department of Planning and Housing to determine
the feasibility of the proposed development.
Is
9d. Section 29 .49. Validity of Approval . A site
plan shall become effective upon certification
of *written* approval by the Director of
Planning and Housing.
*. . .*May be deleted.
PARKING LOT. . . . . . . . . . . .10. Change all references in Section 29. 50 from
LANDSCAPING Department of Community Development and Director
of Community Development to Department of Planning
and Housing and Director of Planning and Housing
The Director shall also establish the bond amount
rather than the City Mana er.
Section 29 .50 - Parking Lot Landscaping Plan.
No parking lot of 16 or more spaces shall be
constructed , enlarged or reconstructed
(excluding repaving) in Ames until a parking lot
landscape plan for that lot has been approved by
the Director of Planning and Housing. . .
Parking lot landscape plans shall be prepared
and submitted in accordance with these
provisions and the provisions contained in
• "Required Information " , under "Site Plans
Required", Section 29.49 of this chapter. . .
6
10a. Section 29 . 50. Planting Materials . No
materials shall be approved for use in any
parking lot landscaping plan that have been
judged unsuitable for such use in Ames by the
Department of Planning and Housing. . .
10b. Section 29 .50. Performance Guarantee. Bond or
cash escrow in a sum established by the Director
of Planning and Housing shall be provided to
guarantee satisfactory performance of the
provisions of the site and landscape plans.
loc. Section 29 . 50. Appeals. Any person aggrieved
by a decision of the Director of Planning and
Housing , made pursuant to this Section, may
appeal such decision to the Zoning Board of
Adjustment in accordance with the provisions of
Section 29.64 of this chapter.
ENVIRONMENTALLY-
SENSITIVE AREA. . . . . . .11. Delete first sentence in 29.51(3) and replace with
sentence below.
Section 29 .51( 3) . Studies . The staff of the
Department of Planning and Housing and the
• Planning and Zoning Commission are authorized
and expected to conduct studies to evaluate
areas in terms of environmental sensitivity as a
part of the continuing process of maintaining a
current comprehensive land use plan for the
City. . .
PETITION FOR ZONING. . .12. Change submittal to Department of Planning and
Housing and number of days to file with the City
Council to 90 days to coincide with 29.75(1) .
Section 29 . 71 - Petition for Amendment .
Whenever the owners of 50% or more of the area
of the lots in any district or part thereof
desire amendment, supplement or change in any of
the provisions of this chapter applicable to
such area, they may file a petition in the
Department of Planning and Housing requesting
the City Council to make such amendment ,
supplement or change. Such petition shall be
accompanied by a map or diagram showing the area
affected by the proposed amendment, supplement,
or change, together with the boundaries of said
area; and, the names and addresses of all owners
of record in the Office of the County Auditor of
Story County, Iowa of lots therein and within a
distance of 200 feet outside of the boundaries
of said area ; and , such petition shall be
transmitted immediately to the Planning and
7
• Zoning Commission for investigation and report.
The City Planning and Zoning Commission shall
file its recommendations approving ,
disapproving , or modifying the proposed
amendment, supplement or change with the City
Council within 90 days thereafter.
FEE FOR PETITIONS. . . . .13. Section 29.72. Fee for Petitions. All
petitins
Tor amendments filed in the Department of Planning
and Housing shall be accompanied by a filing fee
as prescribed by resolution of the City Council ,
payable to the City of Ames , Iowa, to cover the
costs of publishing notice of the proposed
amendment and other incidental expenses. . .
PROTEST. . . . . . . . . . . . . . .14. Change e relates to change in State law regarding
protest.
Section 29 . 73 . Vote Required When Amendment
Protested. If a written protest against any
proposed amendment, supplement or change has
been filed with the City Clerk , signed by the
owners of 20% or more of the area of the lots
included in the proposed amendment, supplement
or change or by the owners of 20% or more of the
is property which is located within 200 feet of the
exterior boundaries of the property for which
the amendment, supplement or change is proposed,
such amendment, supplement or change shall not
become effective except by favorable vote of at
least three-fourths (3/4) of all members of the
City Council .
SALVAGE YARDS. . . . . . . . .15. Changes involve clearer wordin and replacement of
the City Manager with the Director of Planning and
Housing to coincide with proposed changes in
19 25
Section 29.76(a) . A salvage yard as defined in
Section 29.2( 8) is prohibited anywhere except
in the G-I (General Industrial ) District. Such
salvage yard shall be authorized only by a
Special Use Permit issued after a public hearing
by the Zoning Board of Adjustment . Such Permit
shall be issued in accord with the procedures
set out in 29.45 and shall be subject to such
protective conditions that may be warranted by
the nature of the salvage operation. A salvage
yard operation is also subject to all the
• submittal and approval requirements as set out
in Section 29 . 25 , the "General Industrial
District (G-I)".
• PROPOSED CHANGES TO THE SUBDIVISION ORDINA
NCE
The proposed changes involve replacing the ' Department of Comm
Development ' with 'Department of Planning and Housing , unity
that the
submittals are made to the Department of Planning and Houdsingainste d Of the
City Clerk. Approval of the Administrative Plat will remain with the City
Manager. State law requires submittal of the Final Plat to the Clerk so no
changes were made in the Final Plat submittal .
1• Section 23. 3 - Planninq Conference Required;
Purpose • The first step in obtainin Ci
approval of a plat of subdivision shall beta
planning conference with City staff. Arrangements
for this conference shall be made by contacting
the Department of Planning and Housing. . .Principal
participants in this conference will be
representatives of the Department of Planning and
Housing and the Public Works Department ;
representatives of the owners; and other persons
as applicable.
2• Section 23.4 - Filinq of Conceptual Development
Plan (CDP) with Department of Planning and Housing.
• At any time after the planning conference, the
owner may file, with the Department of Planning
and Housing , 13 copies of the Conceptual
Development Plan as described in Section 23. 10 and
two (2) reproducible black line reductions of the
Conceptual Development Plan on a sheet of paper no
larger than 11" x 1711. The Department of Planning
and Housing shall distribute one ( 1 ) full -size
COPY of the CDP and one ( 1) reduction of the CDP
to the City Clerk . The remaining copies of the
CDP shall be distributed to all appropriate City
departments and affected utility companies for
review and comment . The Department of Planning
and Housing shall place the Conceptual Development
Plan on the agenda of the Planning and Zoning
Commission for review and recommendation to the
City Council .
3• Section 23. 5 . Before formal review by the
Planning and Zoning Commission, all general staff
and utility review comments shall be coordinated
by the Department of Planning and Housing for
report and recommendation to the Planning and
Zoning Commission.
• 4. Section 23.7(2)(a) , If modification is minor, be
directed to proceed with the filing of an
Administrative Plat after an approved, revised
COPY of the Conceptual Development Plan is filed
2
• with the Department of Planning and Housing and
the Department of Public Works.
5. Section 23 . 11 . Administrative Plat ;
Administrative Processin . .Twelve ( 2 copies
are to be filed in the Department of Planning and
Housing. These copies shall be distributed to the
appropriate City departments and utility companies.
The Department of Public Works shall serve as plat
coordinator , and all review comments and
engineering aspects shall be directed to such
Department.
6. Add Director of Planninj and Ho sin as
determinin authority for duplication of street names.
Section 23.22( 13) . . . .The proposed names of
new streets shall be shown on the Final Plat,
after determination by the Director of Planning
and Housing that the said names of new streets
do not duplicate or sound similar to existing
street names.
•
•