HomeMy WebLinkAboutA048 - Council Action Form dated March 28, 2000, hearing on zoning text ordinance r
ITEM # 3-54.--
DATE 03/28/00
COUNCIL ACTION FORM
SUBJECT: PUBLIC HEARING ON ZONING ORDINANCE TEXT AND MOTION TO
APPROVE AN ORDINANCE ADOPTING THE ZONING ORDINANCE TEXT ON FIRST
READING.
ACTION FORM SUMMARY: The City Council is being asked to approve the text of the
new zoning ordinance. This new zoning ordinance is the culmination of over seven (7)
years of work by a large number of people throughout the entire City. This ordinance has
been reviewed extensively by the Planning and Zoning Commission and the City Council.
Through the course of this review, a number of changes have been made to reflect the
zoning philosophy of the City. The Planning and Zoning Commission reviewed this
ordinance at their meeting of February 16, 2000 and have recommended that the zoning
ordinance text be approved.
Staff is recommending that the zoning ordinance text be approved.
BACKGROUND:
The City of Ames began the work necessary to re-write the zoning ordinance in the fall of
1997. In the time that has passed, a significant amount of time and attention has been
devoted to creating the zoning ordinance text that is now being requested for approval by
the City Council. The proposed zoning ordinance will replace the existing ordinance in its
entirety.
Extensive review of this ordinance has occurred on the part of both the Planning and
Zoning Commission and the City Council. More recently, numerous changes have been
made to the text as a result of the public involvement in the creation of the ordinance.
This represents a significant action to create an ordinance that is directly linked to the
implementation of the City's Land Use Policy Plan. The City has amended the existing
zoning ordinance in the past and major revisions have occurred, but this proposed
ordinance represents a new era in zoning administration for the City.
Since the proposed ordinance represents a completely new approach to zoning, it is
difficult to summarize the content of the ordinance in this Council Action Form. The
following analysis represents a brief overview of each article and the most significant
features in the new ordinance.
ANALYSIS:
• Article 1. A more complete and precise reference to the Code of Iowa relative to
zoning authority and relationships to other plans and laws of the City.
• Article 2. A more comprehensive and extensive listing of terms that are important in
the administration of the ordinance.
• Article 3.
• Delineation of permissible and prohibited uses.
• Adaptive reuse provisions.
• More forgiving non-conforming use provisions.
• Article 4.
• Floor area, lot area, frontage, and coverage standards.
• General landscape and screening standards related to development circumstances.
• More explicit parking and loading standards.
• Article 5. The entire article is devoted to a general description and listing of land uses
referenced in the ordinance.
• Article 6. An agriculture zone that is similar to existing zoning requirements, but written
in a new ordinance format. Also, the Agriculture Zoning district will be applied to all
newly annexed property until either a Village Residential or Suburban Residential
rezoning is approved by the City.
• Article 7. A residential zoning regulation that creates five (5) zones including Low
Density, Medium Density, High Density, Urban Core Medium Density, and Low Density
Manufactured Home Park. Regulations are similar in many ways to existing
regulations, but in many ways there are different requirements addressing specific
issues that are an outgrowth of the Plan.
• Article 8. A commercial zoning regulation that creates five (5) zones including
Neighborhood Commercial, Community Commercial Node, Downtown and
Campustown Service Centers, Highway Oriented Zone, and Planned Regional
Commercial Zone. The difference between these zones is reflected in the types of
uses permitted and the intensity of development allowed.
• Article 9. An industrial zoning regulation that creates two (2) zones including General
Industrial and Planned Industrial. Both zones reflect the basic zoning policy of the City
currently, but provides for a greater degree of administrative authority to staff in the
Planned Industrial zone.
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• Article 10. Special purpose zones are created to indicate the zoning standards in the
Hospital Medical Zone and the overall zoning policy of the City relative to property that
is owned by a governmental entity. The zoning standards for the Hospital Medical
Zone are similar to past zoning standards with several obvious differences.
• Article 11. The zoning ordinance contains five (5) 'overlay districts" that are designed
to provide regulations for the development of land within the Single-Family
Conservation zone, Historic Preservation areas, Environmentally Sensitive areas, areas
that would be designated as Gateways to the community, and areas that are University
Impacted. Each overlay zone would contain requirements that would be in addition to
requirements that are found in base zones.
• Article 12. This article contains three "floating zones" that would be applied to land
based on a rezoning request from the property owner. These "floating zones" contain
the requirements that would guide the development of future Village Residential
development, future Suburban Residential development, and also provide for the
creation of Planned Residence development similar to the previous PUD requirements.
Frankly, it is these "floating zone" requirements that will be applicable to all newly
annexed property that is brought into the City in the future.
• Article 13. This article includes the additional regulations that are related to adult
entertainment uses, bed and breakfast uses, home occupations, manufactured
housing, salvage yards, and wireless communication towers.
• Article 14. The portion relates to the powers and duties of the City Council, the
Planning and Zoning Commission, and the Zoning Board of Adjustment as they relate
to the administration of the ordinance.
• Article 15. This article contains all of the requirements that must be followed in the
process of obtaining a zoning permit, site plan approval, a special use permit, a
variance to the requirements, requests for reasonable accommodations, and
amendments to the zoning ordinance
• Article 16. This is the last article of the ordinance, which explains the enforcement
provisions of the ordinance.
STAFF COMMENTS:
The previous summarization of the ordinance is a skeletal overview of the proposed
ordinance and is in no way a complete and thorough description of all of the requirements.
Staff has indicated that the creation of an ordinance this extensive is bound to contain
features that will have to be changed and adjusted in the future as the administration of the
new ordinance occurs. It is staffs belief that where there is a need to approve a technical
change or correction, a shortened process of Planning and Zoning Commission review and
City Council decision on all three readings would be appropriate. Conversely, where there
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is a need to amend the ordinance where the revision embodies a fundamental change in
zoning policy, in these instances a more extensive process of ordinance research,
alternatives consideration, and decision by both the Planning and Zoning Commission and
the City Council is the appropriate procedure.
As stated earlier, this ordinance represents a monumental effort on the part of a large
number of people who have been involved in the process. Staff is recommending that the
City Council approve the proposed zoning ordinance.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed this zoning ordinance text at their meeting
of February 16, 2000 and have recommended that the City Council approve the text of the
zoning ordinance, as it is written.
ALTERNATIVES:
1. The City Council can approve an ordinance adopting the Zoning Ordinance Text of
the City of Ames.
2. The City Council can decide to not approve the ordinance that will adopt the Zoning
Ordinance Text for the City of Ames. If the City Council does not approve the Zoning
Ordinance Text, the City Council should also not approve the Zoning Map until the
Council is prepared to approve the zoning text.
3. Upon completion of the required public hearing, the City Council can refer this
ordinance back to staff and the Planning and Zoning Commission for additional
review and recommendation.
MANAGER'S RECOMMENDED ACTION:
This action represents the culmination of over three years of very focused work on the
creation of the zoning ordinance and over seven years of work since the beginning of the
revision to the Land Use Policy Plan. The zoning ordinance contains many features that
are similar to past zoning requirements. Additionally, there are many new ordinance
provisions that reflect the current zoning policy of the City Council. It is the
recommendation of the City Manager that the City Council adopt Alternative #1. This action
will approve the Zoning Ordinance Text on first reading. This ordinance must be approved
by the City Council in two additional readings and be published in its entirety before the
ordinance is put into effect.
COUNCIL ACTION:
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