HomeMy WebLinkAboutA002 - Council Action form dated January 13, 2009 ITEM # /(D
DATE 01/13/09
COUNCIL ACTION FORM
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT REMOVING THE
REQUIREMENT FOR THE PLANNING & ZONING COMMISSION TO
MAKE RECOMMENDATIONS TO THE ZONING BOARD OF
ADJUSTMENT ON SPECIAL USE PERMIT APPLICATIONS
BACKGROUND:
The City of Ames has a long history of requiring that two boards review Special Use
Permit (SUP) applications: The Planning & Zoning Commission and the Zoning Board
of Adjustment (ZBA). This requirement was carried through during the most recent
comprehensive Zoning Ordinance update in 2000. This past summer, during City staff's
presentation of the new development application processing schedule to local
developers, it was suggested that the two board review is redundant and not necessary.
This concern of local developers was forwarded to the City Council during their July
review of the new processing schedule. The Council subsequently referred the concern
to City staff. City planning staff is now addressing that concern by way of a text
amendment after consulting with legal staff on the issue.
Applicable Laws, By-laws and Regulations. Ames Municipal Code Chapter 29.1503
(3)(a) states the following role of the Planning & Zoning Commission for Special Use
Permits:
"The application, along with all required data, shall be transmitted to the Planning
and Zoning Commission for review and recommendation. Such review by the
Commission shall not be concluded until consideration is given to comments at a
public hearing that may be part of a regularly scheduled meeting. Notification of
the public hearing shall be made by mail and posting, in accordance with
Sections 29.1500(2)(d)(1) and (iii) above. Within 30 days of the hearing, the
Planning and Zoning Commission shall submit a written recommendation to the
Zoning Board of Adjustment setting forth the reasons for its recommendation of
acceptance, denial, or modification of the application."
The review criteria for Special Use Permits defined in Section 29.1503(4) are the same
for both the Planning and Zoning Commission and the Zoning Board of Adjustment. The
criteria require findings addressing the following:
a. General Standards
b. Residential Zone Standards
C. Commercial Standards
d. Special Use Permits for Functional Families
e. Conditions
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Iowa Code 414.12(2) gives general direction regarding the powers of the Zoning Board
of Adjustment, citing that "special exceptions to the terms of the ordinance" are one of
the powers of the ZBA. The City of Ames legal department confirms that this state code
provision is the basis for both the conditional and the special use permits that the City of
Ames reviews.
Almost every zoning district within Ames Municipal Code has at least one land use
which requires a Special Use Permit. Some districts have several land uses requiring
Special Use Permits. Some of the land uses that require Special Use Permits in certain
zones are less commonly applied for, such as:
• Detention Facilities
• Schools
• Radio & TV Broadcast Facilities
However, some are more commonly applied for, such as:
• Churches
• Child Day Care Facilities
• Salvage Yards
• Cellular Towers
The only other code provision for a Special Use Permit is in Section 29.307(2)(b), which
allows a Special Use Permit for an applicant who is requesting to change from a valid
nonconforming use to a different nonconforming use. This request could occur in any
zone.
Staff presentations to the Planning and Zoning Commission and Zoning Board of
Adjustment are essentially the same at both levels. Although separate hearings and
discussions are held, the same issues are discussed. Typically, attendance is higher at
the ZBA meetings, perhaps because the public knows that final action occurs by the
ZBA.
There is no indication that removing this requirement is in conflict with State of Iowa
laws. The state law pertaining to planning commissions, in Iowa Chapter 414.6 charges
the "zoning commission" with the duty of "recommending the boundaries of the various
districts." It also charges the commission with supplements or changes to those
boundaries. Additionally, according to Ames Municipal Code 29.1402, the Planning and
Zoning Commission recommends to City Council amendments to the Zoning Ordinance
(which includes the map), as well as prepares and adopts the Land Use Policy Plan.
Conclusions. Removing the requirement for the Planning and Zoning Commission's
recommendation is not in conflict with any state or local laws. The Commission's
primary duty is recommending more broad land use and development policies to City
Council. At times, those policy recommendations are a result of a request on a specific
property. For this reason, City staff proposes to provide a periodic summary to the
Planning and Zoning Commission so that the Commission can determine if any text
amendments are needed to the Zoning Ordinance as a result of excessive or redundant
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applications. This will allow the Zoning Board of Adjustment to continue to operate
efficiently and effectively under the policies of the Ames City Council.
Because the review criteria for Special Use Permits are the same for both boards, the
holding of two hearings may be redundant. The quasi-judicial role of the Zoning Board
of Adjustment is more attuned to reviewing the details of site plans and also considering
the requirement for any special mitigating conditions to be placed on the permit.
The current code charges the Planning and Zoning Commission with the review of
Major Site Development Plans and also Preliminary Plats of Major Subdivisions. This
proposed amendment would not affect the Commission's review of those items.
Public Impact. It is not anticipated that there will be a significant public impact.
However, there will be less review time of the Special Use Permit; therefore, it is likely
that a decision will be rendered sooner. This will likely result in a favorable response
from applicants. Since two public hearings are currently being held for Special Use
Permits, there will be less chance for the public to comment. However, as stated before,
higher attendance is more common at the Zoning Board of Adjustment hearing, which is
the hearing in which final action is taken.
Proposed Amendments. The proposed amendments consist of the words "Planning &
Zoning Commission" being stricken from the Special Use Permit procedure section of
the Zoning Ordinance. The sections are 29.307(2)(b), 29.1503(3)(a)&(b),
29.1503(4)(a)&(b), 29.1503(4)(c), and 29.1503(4)(d)(ii).
Also proposed is a slight modification of the primary duties of the Planning and Zoning
Commission in Section 29.1402:
The Planning and Zoning Commission is appointed by the Mayor with the advice
and consent of City Council to serve as an independent advisory body to the
Council . The Commission is
responsible for the preparation and adoption of the official Land Use Policy Plan
of the City and gives advice and recommendations on matters involving
amendments to the City's Zoning Ordinance and historic preservation ordinance
and guidelines. The Commission reviews and gives advice on subdivisions
occurring within the City and within the extraterritorial jurisdiction of the City.
The attached ordinance contains all of the proposed amendments to the sections noted
above.
Consistency with the Land Use Policy Plan. The proposed amendment is not in
conflict with the Land Use Policy Plan, because it does not remove the Planning &
Zoning Commission's role of preparing and adopting the Land Use Policy Plan.
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Recommendation of the Planning & Zoning Commission. At its meeting of
December 17, 2008, with a vote of 5-0, the Planning and Zoning Commission
recommended approval of the proposed text amendments to Sections 29.307(2)(b),
29.1402, 29.1503(3)(a)&(b), 29.1503(4)(a)&(b), 29.1503(4)(c), and 29.1503(4)(d)(ii),
removing the requirement for the Planning and Zoning Commission to make
recommendations to the Zoning Board of Adjustment on Special Use Permit
applications. No one from the public spoke on this issue.
ALTERNATIVES:
1. The City Council can approve the amendments to Sections 29.307(2)(b), 29.1402,
29.1503(3)(a)&(b), 29.1503(4)(a)&(b), 29.1503(4)(c), and 29.1503(4)(d)(ii), removing
the requirement for the Planning and Zoning Commission to make recommendations
to the Zoning Board of Adjustment on Special Use Permit applications.
2. The City Council can retain the existing language in the Code, thereby retaining the
Commission's review of Special Use Permits.
3. The City Council can refer this back to the staff for additional analysis or
modifications.
MANAGER'S RECOMMENDED ACTION:
Based upon the review of applicable state and local codes, City staff believes that this
amendment is not in conflict with any existing regulations, and will serve as a reduction
in staff and commission time spent on Special Use Permit applications, which will
subsequently enhance the existing development application review schedule. As a
result, this may improve the time availability that the Commission can dedicate toward
broader planning and zoning topics and studies. The concept of this proposed
amendment originated from the public and is being recommended as a response to
both the public comment and also the City Council's referral of the comment.
Therefore, it is the recommendation of City Manager City that the City Council adopt
Alternative #1 , which is to approve the amendments to Sections 29.307(2)(b), 29.1402,
29.1503(3)(a)&(b), 29.1503(4)(a)&(b), 29.1503(4)(c), and 29.1503(4)(d)(ii), removing
the requirement for the Planning and Zoning Commission to make recommendations to
the Zoning Board of Adjustment on Special Use Permit applications.
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