HomeMy WebLinkAboutA004 - Council Action Form dated August 27, 2013 ITEM # 43
DATE: 08/27/13
COUNCIL ACTION FORM
SUBJECT: ZONING TEXT AMENDMENT REGARDING WEIGHT OF TRUCKS
SERVING SPECIAL USE PERMIT USES IN RESIDENTIAL ZONES
BACKGROUND:
On July 9, 2013, City Council referred to staff a memo describing an issue with truck
weight limits for Special Use Permitted uses in residential zones. The referral was in
response to the Ames Community Pre-school Center's (ACPC) recently approved
Special Use Permit to operate at the former Willson-Beardshear School at E. 9t" Street
and Carroll Avenue. ACPC's weekly food delivery is from a small semi-tractor that
exceeds the 26,000 pound maximum weight limit specified in our zoning code. In
response to this specific issue, staff has prepared a minor text amendment to add
a food delivery truck exception to the Special Use standards.
The Planning and Zoning Commission reviewed the proposed text amendment at its
August 7, 2013 meeting and unanimously recommended that the City Council approve
the food delivery truck exception.
PROPOSED AMENDMENT:
The text amendment would allow exemption of food delivery vehicles from the weight
requirement as one of the criteria for consideration of a Special Use Permit in a
residential zone by the Zoning Board of Adjustment. In addition, the word `pounds'
would be inserted after `26,000' for clarity. Section 29.1503(4)(b)(iii) would be replaced
with the following language.
(iii) Not generate truck trips by trucks over 26,000 pounds g.v.w (gross vehicular
weight) to and from site except for food delivery vehicles, waste collection vehicles and
moving vans
Zoning Analysis:
Ames Municipal Code, Section 29.1503(4)(b) describes the criteria that Special Use
Permits must meet in order to be approved by the Zoning Board of Adjustment. Included
is the following standard for residential zoning districts:
(iii) Not generate truck trips by trucks over 26,000 g.v.w (gross vehicular weight)
to and from site except for waste collection vehicles and moving vans.
Within residential zoning districts, a number of uses are allowed by Special Use Permit
that may include some type of service delivery vehicle. These include:
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1. Group Living 6. Social Service Providers
2. Colleges and Universities 7. Funeral Facilities
3. Child Day Care Facilities 8. Hospices
4. Religious Institutions 9. Assisted Living
5. Schools 10. Nursing Homes
Food delivery trucks are similar in operation to the waste collection vehicles already
exempted. Both provide a needed ancillary service to businesses and other uses. Both
provide their services on a more-or-less regular schedule and along a more-or-less
fixed route. Finally, both services are operated by a third-party vendor outside the direct
control of the business that receives their services. Larger trucks usually mean more
infrequent deliveries. In the ACPC circumstance, deliveries are made just once a week.
ALTERNATIVES:
1. The City Council can approve the proposed draft amendment language to exempt
food delivery vehicles from the weight limit for Special Use Permits in residential
zones.
2. The City Council can approve modified zoning text amendment language.
3. The City Council can not adopt the proposed text amendments.
Recommendation of the Planninq & Zoning Commission. At its meeting of August
7, 2013, the Planning and Zoning Commission unanimously recommended that the
Council adopt Alternative 1 as described above.
RECOMMENDED ACTION:
This amendment, although written in response to one particular approved Special Use
Permit, would apply to any future Special Use Permit applications in a residential zoning
district. Residential zoning includes a variety of low, medium, and high density zoning
districts throughout the City. However, the limited impact of introducing food delivery
trucks over 26,000 pounds is not anticipated to impact the quality of life of residents
near these Special Permit uses.
Therefore, it is the recommendation of the City Manager that the City Council act in
accordance with Alternative No. 1, thereby approving the proposed draft amendment
language to exempt food delivery vehicles from the weight limit for Special Use Permits
in residential zones.
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES,IOWA,BY REPEALING SECTION 29.1503(4)(b)(iii)AND
ENACTING A NEW SECTION 29.1503(4)(b)(iii) THEREOF,FOR THE
PURPOSE OF WEIGHT OF TRUCKS SERVING SPECIAL USE
PERMIT USES IN RESIDENTIAL ZONES; 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
enacting a new Section 29.1503(4)(b)(iii)as follows:
"Sec.29.1503. SPECIAL USE PERMIT.
(4) Review Criteria.
(b) Residential Zone Standards. The Zoning Board of Adjustment shall review
each application for the purpose of determining that each proposed use in a residential zone meets the following
standards,as well as those set forth in Section 29.1503(4)(a)above and,in addition,shall find adequate evidence
that each use in its proposed location will:
(iii)Not generate truck trips by trucks over 26,000 pounds g.v.w(gross
vehicular weight)to and from site except for food delivery vehicles,waste collection vehicles and moving vans."
Section Two.Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set out by law.
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 ,
Diane R.Voss,City Clerk Ann H. Campbell,Mayor