HomeMy WebLinkAboutA001 - Council Action Form dated January 23, 2001 ITEM # CZ3
DATE 01/23/01
COUNCIL ACTION FORM
SUBJECT: RECOMMENDATION TO CITY COUNCIL TO APPROVE FIVE
AMENDMENTS TO THE RECENTLY ADOPTED ZONING ORDINANCE.
ACTION FORM SUMMARY: Staff has found that there are additional items that need to
be amended in the recently adopted Zoning Ordinance. These amendments are the result
of the continuing administration of the Zoning Ordinance and the discovery that additional
clarification and corrections are necessary.
Approval of the Zoning Ordinance Text amendments is recommended.
BACKGROUND:
As administration of the newly adopted Zoning Ordinance continues, staff has found there
is a need to make some additional changes, corrections, and clarifications to these
regulations to more accurately reflect the intent of the Ordinance and to make the
administration the Ordinance clearer for staff and the public.
The following information under the Analysis section of this Action Form is a summary by
Article and Section of the Zoning Ordinance that gives a general description of the
proposed amendments. The actual Zoning Ordinance text changes are attached to this
Action Form.
ANALYSIS:
Article 3 -- Zoning Process. This proposed amendment to the subsection on
nonconforming structures would allow a property owner to place an addition on his/her
home, provided the addition meets all development standards, even if there is an existing
detached garage in the rear yard that would become nonconforming as a result of this
addition. There have been a number of variance cases before the Zoning Board of
Adjustment over the last 20 years because a proposed conforming addition to a home
made an existing garage in the rear yard either nonconforming or more nonconforming as
a result of such an addition. This situation results from the detached garage in the rear
yard, which can be as close as three feet from the adjacent lot line, becoming a detached
garage in the side yard, which must be six to eight feet from the side lot line. This
proposed amendment would allow additions to the principal building in a residential zoning
district, if the detached garage in the rear yard existed prior to the adoption of the
Ordinance. This change will eliminate one or two variances a year that are generally
granted by the ZBA, and it will allow property owners to more easily improve existing
homes.
Article 4 -- Development Standards. This amendment adds Hospital-Medical land uses
to those that can have remote parking. Remote parking is currently allowed in DCSC,
HOC, and CCN zoning districts. Shared parking is currently encouraged in the S-HM zone;
therefore it is appropriate to have a provision for a remote parking agreement.
Article 7 -- Residential. This amendment is proposed to the RLP zone, which would
require that no manufactured home space or lot shall be located within a flood plain. It
further states that appropriate filling of the floodway fringe should take place and the flood
plain map should be amended prior to approval of the final plat for the site or prior to
occupancy of any manufacture home space, if platting is not involved. This provision will
ensure that manufactured home owners will not be required to acquire flood insurance in
any new manufactured home parks.
Article 15 -- Procedures. Two amendments are proposed to the requirements for site
development plan approval. The first amendment was proposed previously but was
inadvertently not included in the ordinance amendments that were approved by City
Council. It clarifies that a site plan can be certified that it is "substantially correct" by
landscape architects and architects that are licensed by the State of Iowa.
Another proposed amendment to site development plan requirements adds a provision that
the developer states the specific types of uses that are intended on this site. This
information is needed to properly evaluate whether or not the site development plan meets
all code requirements of the City, since the requirements vary by type of use. This
information also establishes a use baseline for the property, and any change in use will
require a new zoning permit and a reevaluation of the site to determine whether or not a
change in use meets code requirements.
STAFF COMMENTS:
As stated in the background section of this Action Form, these changes reflect the staff's
effort to make needed adjustments to the Ordinance based on recent experience
administering these regulations.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning and Zoning Commission reviewed the proposed Zoning Ordinance
amendments at their meeting of January 3, 2001 and approval was recommended.
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ALTERNATIVES:
1. The City Council can approve the five amendments that are being proposed by staff
and the Planning and Zoning Commission as part of a further adjustment to the
recently adopted Zoning Ordinance.
2. The City Council can deny the proposed changes to the Zoning Ordinance.
3. The City Council can approve some of the proposed changes to the Zoning
Ordinance.
4. The City Council can refer some or all of these proposed changes back to staff for
additional information.
RECOMMENDED ACTION:
It is the recommended that Alternative #1 be adopted. This action will approve the
proposed changes to the newly adopted Zoning Ordinance, as outlined in this Action Form.
These changes, corrections, and clarifications are needed adjustments to the newly
adopted Zoning Ordinance after several months of experience at administering these
regulations.
Attachment
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TEXT AMENDMENTS -ADDITIONS ARE IN BOLD AND ITALICS, AND
DELETIONS ARE STRICKEN THROUGH.
Sec. 29.307(3)(f)
Detached Garage. If a property owner enlarges, expands or extends a principal
building on a site in a residential zoning district in conformance with the
applicable development standards, and if such expansion, extension or
enlargement shall result in a conforming detached garage in the rear yard or a
detached garage in the rear yard that is lawfully nonconforming as to setback
becoming a detached garage in the side yard that does not meet the applicable
side yard setback requirements, such enlargement, expansion, or extension may
continue none the less without a variance from the Zoning Board of
Adjustment under the following circumstance. The conforming or lawfully
nonconforming detached garage in the rear yard shall have occupied the site
prior to the effective date of this Ordinance.
Sec. 29.406(18)
Remote Parking Commercial and Hospital-Medical Land Use. All parking
spaces required by this ordinance shall be located on the same lot as the use
served, except parking spaces required for principal uses permitted in the DCSC,
HOC, CCN, and S-HM zoning districts may be located on the same lot as the
principal building or on a lot within 300 feet of the lot on which the principal
building is located. Where parking is located on a lot that is remote from the
principal use but within 300 feet, a written agreement in a form provided by the
City shall be executed by the property owner or owners and the City to assure that
these remote parking spaces are retained for the principal use. This agreement
shall be recorded and shall be binding on all successors and assigns of the
property or properties involved.
Sec. 29.705(9)
(9) FLOOD PLAIN WITHIN THE MANUFACTURED HOME PARK OR
MANUFACTURED HOME SUBDIVISION
No approved manufactured home lot or approved manufactured home space
shall be located within a flood plain. If the property underdevelopment for a
manufactured home subdivision or a manufactured home park includes a flood
plain, the flood plain shall be preserved as open space. Or the developer shall
take appropriate steps to fill the floodway fringe area, as required by the Flood
Plain Ordinance (Chapter 9), in order to develop manufactured home lots or
manufactured home spaces outside the flood plain. If the developer chooses to
fill the floodway fringe, the City shall receive a Letter of Map Amendment
(LOMA) prior to approval of a Final Plat for the site. If a Final Plat is not
involved, a Letter of Map Amendment (LOMA) shall be received prior to
occupancy of any manufactured home space.
Sec. 29. 1502(2)(d)(i)
Site Plan. It is the intent of the City to insure that site plans be prepared with high
degree of accuracy and insure proper coordination of site plan development and
review responsibilities, which serve to facilitate compliance with the requirements
of the City. To accomplish this intent, the applicant shall provide copies of a site
plan, drawn to scale on a sheet not to exceed 24" x 36", prepared by a Civil
Engineer, a Land Surveyor, or a Landscape Architect, or an Architect. The site
plan must be certified as "substantially correct" by a Professional Engineer, Land
Surveyor, Landscape Architect, or Architect, licensed by the State of Iowa,
showing the following information as of the date of application:
Sec. 29.1502(2)(d)(i) e.
Specific types of uses, size, and location of all existing and proposed buildings,
additions, structures, and uses of land;
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ORDINANCE NO.
AN ORDINANCE TO AMEND TJIE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING SUBSECTIONS 29.406(18) AND
29.1502(2)(d)(i) AND ENACTING NEW SUBSECTIONS 29.307(3)(f),
29.406(18), 29.705(9) AND 29.1502(2)(d)(i) FOR THE PURPOSE OF
REVISING ZONING REGULATIONS PERTAINING TO DETACHED
GARAGES,REMOTE PARKING,THE RLP ZONE IN A FLOOD PLAIN,
SITE PLAN APPROVAL BY ARCHITECT OR LANDSCAPE ARCHITECT;
REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING A PENALTY;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
repealing subsection 29.1502(2)(d)(i)and enacting new subsections 29.705(9)AND 29.1502(2)(d)(i)as follows:
"Sec.29.307(3)
(f) Detached Garage. If a property owner enlarges, expands or extends a
principal building on a site in a residential zoning district in conformance
with the applicable development standards, and if such expansion,
extension or enlargement shall result in a conforming detached garage in
the rear yard or a detached garage in the rear yard that is lawfully
nonconforming as to setback becoming a detached garage in the side yard
that does not meet the applicable side yard setback requirements, such
enlargement,expansion,or extension may continue none the less without
a variance from the Zoning Board of Adjustment under the following
circumstance. The conforming or lawfully nonconforming detached
garage in the rear yard shall have occupied the site prior to the effective
date of this Ordinance.
Sec. 29.406(18). Remote Parking Commercial and Hospital-Medical Land Use. All parking
spaces required by this ordinance shall be located on the same lot as the use served,except parking
spaces required for principal uses permitted in the DCSC,HOC,CCN,and S-HM zoning districts may
be located on the same lot as the principal building or on a lot within 300 feet fo the lot on which the
principal building is located. Where parking is located on a lot that is remote from the principal use
but within 300 feet, a written agreement in a form provided by the City shall be executed by the
property owner or owners and the City to assure that these remote parking spaces are retained for the
principal use. This agreement shall be recorded and shall be binding on all successors and assigns
of the property or properties involved.
Sec.29.705. "RLP"RESIDENTIAL LOW DENSITY PARK ZONE.
(9) Flood Plain Within the Manufactured Home Park or Manufactured Home
Subdivision. No approved manufactured home lot or approved manufactured
home space shall be located within a flood plain. If the property under
development for a manufactured home subdivision or a manufactured home park
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includes a flood plain, the flood plain shall be preserved as open space. Or the
developer shall take appropriate steps to fill the floodway fringe area,as required
by the Flood Plain Ordinance(Chapter 9),in order to develop manufactured home
lots or manufactured home spaces outside the flood plain. If the developer chooses
to fill the floodway fringe, the City shall receive a Letter of Map Amendment
(LOMA) prior to approval of a Final Plat for the site. If a Final Plat is not
involved, a Letter of Map Amendment (LOMA) shall be received prior to
occupancy of any manufactured home space.
Sec.29.1502(2)(d)
(d) Submission Requirements.
(i) Site Plan. It is the intent of the City to insure that site plans be
prepared with a high degree of accuracy and insure proper coordination of the site plan development
and review responsibilities,which serve to facilitate compliance with the requirements of the city.
To accomplish this intent,the applicant shall provide copies of a site plan,drawn to scale on a sheet
not to exceed 24"X 36",prepared by a Civil Engineer,a Land Surveyor,a Landscape Architect,or
an Architect. The site plan must be certified as"substantially correct"by a Professional Engineer,
Land Surveyor, Landscape Architect, or Architect, licensed by the State of Iowa, showing the
following information as of the date of application:
a. Name of applicant and name or owner of record;
b. Legal description and street address of property;
C. North point, graphic scale and date with the graphic
scale. The scale shall be not less than 1"to 10'and no greater than 1"to 60'unless an alternate scale
is approved by the Director of the Department of Planning&Housing;
d. Dimensions of the present lot and lot area;
e. Specific types of uses,size and location of all existing
and proposed buildings,additions,structures,and uses of land;
f. Dimensions of all setbacks to the property lines observed
by buildings and structures;
g. Location and dimensions of parking areas, individual
parking spaces and drive aisles,driveways,curb cuts,easements and rights-of-way;
h. Location and size of sanitary sewer mains and service
lines or septic tank,and leaching field;
i. Location and size of water mains, service lines and
hydrants and/or water well;
j. Location and size of the proposed electrical service
(electrical riser diagram)and location of high pressure gas lines and high tension transmission lines;
k. Location of waterbodies, watercourses, swamps and
flood-prone areas with delineated channel encroachment lines, wetland boundary lines, 100-year
flood plain boundary line,and floodway boundary line;
1. Location of all storm drainage facilities on the property
and adjacent to the property;
M. When an application pertains to any new permanent
detached building or structure(principal or accessory),include existing and proposed contours at 2
foot intervals based on City datum;
n. When an application is located in a flood-prone area
include existing and proposed site grades, contours or elevations, base flood elevation data,
top-of-foundation elevations,finished floor elevations,and any proposed watercourse relocation;
o. When an application for development involves.5 acres
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or more of cumulative disturbed area(s), a Sediment and Erosion Control Plan shall be submitted.
However, such a Plan may be required for applications with disturbed land of less than.5 acres, if
deemed necessary by the Planning Director;,
P. Storm water management plan;
q. A landscape plan,showing location of plants,and a plant
list to include:plant species,number of each plant,and plant size;and
r. Soils tests, traffic impact studies, utility capacity
analysis, and other similar information if deemed necessary by the Department of Planning and
Housing to determine the feasibility of the proposed development.
S. For Village Residential projects,Suburban Residential
projects, or Planned Residence District projects that are to develop in phases, the applicant shall
provide a phasing plan indicating areas to be developed in each phase and the time frame for the
development of each phase.
(Ord. No. 3571, 6-27-00)"
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable
as set out in Section 1.9 of this Code.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of 12001.
Diane R.Voss,City Clerk Ted Tedesco,Mayor
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