Loading...
HomeMy WebLinkAboutA002 - Council Action Form October 14, 2008 ITEM # 3T' DATE 10/14/08 COUNCIL ACTION FORM SUBJECT: ZONING ORDINANCE TEXT AMENDMENT PERMITTING SALES AND SERVICING OF MOTORIZED BICYCLES IN ALL COMMERCIAL ZONING DISTRICTS BACKGROUND: The zone use table for each commercial zoning district currently permits all "Retail Sales and Services—General" in all commercial zoning districts. Table 29.501(4)-3 TRADE USE CATEGORIES includes sales and servicing of bicycles (see Attachment A). On the other hand, the same Table lists sales of motorcycles under the category Automotive and Marine Craft Trade. The Ordinance includes servicing of motorcycles as a "Vehicle Repair Facility." These uses are permitted only in the larger scale commercial zoning districts: Highway-Oriented Commercial and Planned Regional Commercial. An owner of a bicycle sales business asked if selling motorbikes, such as mopeds and scooters, is allowed in the Downtown Service Center District (see Attachment B). Since the Zoning Ordinance includes no definitions for bicycle, motorbike, or motorcycle, any form of bicycle with a motor is considered a motorcycle and sales and servicing is only permitted in the Highway-Oriented Commercial and Planned Regional Commercial zoning districts. In response to a request from that business owner, the City Council directed that a zoning text amendment to allow this use be considered. City staff has prepared the attached text amendments that define bicycle and motorized bicycle and add motorized bicycle to the use tables in Article 5 where bicycle is listed. (See Attachment C) Taken together, these two text amendments to the Zoning Ordinance add sales and servicing of motorized bicycles as a permitted use in all commercial zoning districts, as is currently the case for bicycles. Since these definitions are proposed to be added only to the Zoning Ordinance, they should not affect other municipal ordinances that regulate where bicycles, with and without motors, can ride and other rules for their use. This approach does not change where sales and servicing of motorcycles is allowed. After considering definitions from various sources, City staff derived the two definitions (Attachment C) from definitions enacted in the Code of Iowa in 2006. These definitions are used by the Iowa Department of Transportation for licensing purposes. The Iowa Department of Transportation notes that the definitions do not address "mopeds" or "scooters" because they are more general, generic terms that do not have consistent and specific meanings. Instead, the definitions use measurable standards and verifiable evidence. Recommendation of the Planning and Zoning Commission. At its meeting of October 1, 2008, with a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed text amendment to amend Table 29.501(4)-3 and Section 29.201 to allow sales and servicing of motorized bicycles in all commercial zoning districts. No one from the public spoke on this issue. ALTERNATIVES: 1. The City Council can adopt the language as proposed by staff to amend Table 29.501(4)-3 and Section 29.201 to allow sales and servicing of motorized bicycles in all commercial zoning districts. 2. The City Council can deny the language as proposed by staff to amend Table 29.501(4)-3 and Section 29.201. 3. The City Council can adopt the language as proposed by staff to amend Table 29.501(4)-3 and Section 29.201 with modifications. 4. The City Council can refer this back to staff for additional analysis. MANAGER'S RECOMMENDED ACTION: Sales and servicing of the smaller, lighter types of motorized bicycles in all places where bicycles are now sold will not change the basic character of the commercial land uses. These activities will not have impacts on surrounding areas that are any different than impacts of currently permitted uses. Even the types of buildings and sites common in the smaller scale commercial districts, such as neighborhood commercial areas and the Downtown, can accommodate the sales and servicing of motorized bicycles. However, the smaller scale commercial districts cannot accommodate as easily the sales and servicing of all scooters, as requested (see Attachment B). It is more difficult to differentiate scooters from motorcycles. There are vehicles marketed as scooters with engines as large and speeds as fast as vehicles marketed as motorcycles. Examples include the Vespa Granturismo 200 (200cc), Honda Silver Wing (582cc) or the Volta Electric Motor Scooter. The sales and servicing of larger and louder motorcycles cannot be as easily accommodated where buildings are located at the right-of-way line, or where there are no side and/or rear yards or front yard parking. The space needed to store, display, and operate motorcycles is more commonly found in the larger scale commercial and industrial areas, where gas stations, vehicle sales, and repair shops are found. These zoning districts where motorcycle sales and servicing is permitted make up the majority of the total commercially and industrially zoned property in Ames. 2 s The proposed text amendments provide a clear standard to distinguish between motorized bicycles and motorcycles. This distinction will make it possible to allow sales and servicing of motorized bicycles in all commercial areas. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby approving the language as proposed by staff to amend Table 29.501(4)- 3 and Section 29.201 to allow sales and servicing of motorized bicycles in all commercial zoning districts. 3 ATTACHMENT A Accessory Uses Coffee shops and dining areas primarily for use by guests or residents of the facility Table 29.501(4)-2 OFFICE USE CATEGORIES Definition. Activities conducted in an office setting and primarily focusing on administrative,business,government, professional,medical,or financial services. Contractors and others who perform services off-site are included in this Use Category if equipment and materials are not stored on the site and fabrication,services,or similar work is not carried on at the site. Exception: Offices that are part of and are located with a firm in another category are considered accessory to the firm's primary activity. Uses Included Office uses such as: Banking and bank-related services Brokerage houses Data processing centers Government offices Insurance services Lenders and credit services Public utility offices Real estate and related services Sales offices General office uses Medical and dental clinics,laboratories and offices Professional service offices such as: Accountants Architects Engineers Lawyers Televisions and radio studios Accessory Uses Cafeterias,health facilities,and other amenities primarily for the use of employees or visitors of the firm or building Table 29.501(4)-3 TRADE USE CATEGORIES Automotive and Marine Craft Trade Definition. Retail sale or leasing of automobiles,including cars and trucks,and marine craft,including all types of boats and ships. Uses Included Sales or leasing of consumer vehicles,including: Passenger vehicles Motorcycles Light and medium trucks Other recreational vehicles Marine craft and accessories,retail Accessory Uses Sup#2002-3 Chapter 29,Article 5-4 Rev.7-1-02 1 Vehicle servicing,repair,detailing,body work and finishing when conducted as a secondary activity to the sale of vehicles Entertainment,Restaurant and Recreational Trade Definition. Facilities providing entertainment or recreation services and eating and drinking establishments. Uses Included Banquet halls Bars and taverns Billiards and pool halls Bowling alleys Catering establishments Exhibition and meeting areas(20,000 sf or less) Game arcades Health clubs and gyms Ice or roller skating rinks Indoor firing ranges Lodges and social clubs Membership clubs Movie theaters Restaurants,cafes,delicatessens(with seating areas) Swimming pools(not open to the public) Tennis courts(not open to the public) Theaters Accessory Uses Offices and storage of food and alcohol Retail Sales and Services—General Definition. Uses that involve the sale,lease or rental of new or used consumer products,including prepared foods,to the general public and uses providing services involving predominantly personal or business services, including repair of consumer and business goods. Exceptions: Lumber yards and other building material sales facilities that sell primarily to contractors and o not have a retail orientation are classified as Wholesale Trade. Sales,rental, or leasing of heavy trucks and equipment is classified as Wholesale Trade. Uses for the repair and service of consumer motor vehicles, motorcycles, and light and medium trucks are classified as Vehicle Service Facilities. Repair and service of industrial vehicles and equipment,and heavy trucks is classified as Industrial Service. Uses Included Retail Sales: Stores selling,leasing,or renting consumer,home,and business goods including: Antiques Appliances Art Art supplies Automobile supplies(no services) Bicycles Books and printed material Clothing Computer hardware and software sales and service Sup#2002-3 Chapter 29,Article 5-5 Rev.7-1-02 Convenience Store Dry goods Electronic equipment Fabric Furniture Garden supplies Gifts Groceries Hardware Home improvements Household products Jewelry Music supplies Newspaper distribution Office machines Package liquor Pets Pet food Pharmaceuticals Plants and flowers Shoes Sporting goods Stationery Tobacco products Toys Video Food sales(not including seating areas): Bakeries Candy Delicatessens Retail Personal,Business and Repair Services: Animal grooming salons Blueprinting and photocopying services Branch banks Business and commercial trade schools Business and management consulting services Dance or music schools Dry cleaning collection and distribution centers Emergency medical care facilities Employment agencies Hair,tanning,and personal care services Kennels Laundromats Locksmiths Sup#2002-3 Chapter 29,Article 5-6 Rev.7-1-02 Martial arts instruction Office equipment rental Photo drop-off Photographic studios Quick printing Recycling drop-off Scientific and professional instrument repair Sign making Tailors Television,bicycle,clock,watch,shoe,gun,appliance and office equipment repair Upholsterers Veterinarian offices Accessory Uses Offices and storage of goods,and manufacture or repackaging of goods for on-site sale Wholesale Trade Definition. Uses that involve the sale,lease,or rental of products primarily intended for industrial,institutional, or commercial businesses. Uses emphasize on-site or order-taking and often include display areas. Businesses may or may not be open to the general public,but sales to the general public are limited. Products may be picked up on-site or delivered to the customer. Uses Included Mail order houses Sale or rental of: Agricultural and Farm Equipment Building materials(including lumber) Electrical supplies Equipment Heating and plumbing equipment Heavy trucks Janitorial supplies Machine parts Machinery Restaurant equipment Special trade tools Store fixtures Welding supplies Wholesalers of- Alcoholic beverages Auto parts Building hardware Clothing Electronics Home furnishings Food Accessory Uses Offices,product,repair,warehouses,minor fabrication services,limited retail areas,and repackaging of goods Sup#2002-3 Chapter 29,Article 5-7 Rev.7-1-02 ATTACHMENT B CYCLE Address: 2105 SE 5th Street,Ames, Iowa 50010 FORCE Tel: (515) 232-0277 ( Fax: (515) 232-0279 GROUPEmail: cyclsource@aol.com I Website: www.cyclesg.com July 16, 2008 City Council of Ames JUL 1 6 2008 515 Clark Avenue Ames, IA 50010 CLEK CITY OF AM SR om Dear Council Members: On behalf of my retail bicycle store named Bicycle Surplus, located at 411 Kellogg, downtown Ames, I am asking for a change in zoning to permit my bicycle store to sell motorized bicycles and scooters in this location. These vehicles have long been sold in association with bicycle stores and, in fact, my family began selling these products in this very same facility over 35 years ago. We believe the Ames community and ourselves can benefit from our offerings of these fuel efficient vehicles. We ask for a zoning change to once again allow this product in this facility. r d regar s, Nyle Nims Owner Bicycle Surplus 411 Kellogg Ames, IA 50010 Cell 631 816 1430 Attachment C ZONING ORDINANCE TEXT AMENDMENT Amendment to Definitions (Article 2) and Use Categories (Table 29.501(4)-3) To Table 29.501(4)-3 TRADE USE CATEGORIES under Retail Sales and Services—General change "Bicycles"to "Bicycles and Motorized Bicycles." To Table 29.501(4)-3 TRADE USE CATEGORIES under Retail Personal, Business and Repair Services (which is a subcategory of Retail Sales and Services—General) add"motorized bicycles"to "Television, bicycle, clock, watch, shoe, gun, appliance and office equipment repair." To Section 29.201 DEFINITIONS, add the following: "Bicycles means either of the following: (1) A device having two wheels and having at least one saddle or seat for the use of a rider, which is propelled by human power. (2) A device having two or three wheels with fully operable pedals and an electric motor of less than 750 watts (one horsepower), whose maximum speed on a paved level surface,when powered solely by such a motor while ridden, is less than 20 miles per hour, as certified by the original manufacturer." "Bicycles, Motorized means a motor vehicle having a saddle or a seat for the use of a rider, designed to travel on not more than three wheels in contact with the ground, and not capable of operating at a speed in excess of 30 miles per hour on level ground unassisted by human power, as certified by the original manufacturer."