HomeMy WebLinkAboutA001 - Council Action Form dated March 25, 2014 ITEM # 49
DATE: 03-25-14
COUNCIL ACTION FORM
SUBJECT: ZONING CODE AND SUBDIVISION CODE TEXT AMENDMENTS
REGARDING POST-CONSTRUCTION STORM WATER MANAGEMENT
BACKGROUND:
As part of a separate agenda item, the City Council is being asked to adopt a Post-
Construction Stormwater Management Ordinance as Chapter 5B of the Ames Municipal
Code. This change requires corresponding amendments to the Zoning Code and
Subdivision Code as cleanup amendments to maintain consistency in references. The
new ordinance will include a new quality-based stormwater runoff standard as well as
maintaining a quantity-based standard. Additionally, the new ordinance will include
provisions for stream bank setbacks, flood protection standards near stormwater
facilities, requirements for ongoing maintenance of facilities, best management practice
(BMPs) treatment measures, and requirements for redevelopment of existing sites to
mitigate stormwater runoff.
The Public Works Department will have responsibility for implementation of the new
Chapter 513. This new Chapter 513 includes all of the standards and requirements
regarding stormwater management for site plan and subdivision review. Accordingly, a
number of changes are also needed in Chapter 23 (Subdivision Regulations) and
Chapter 29 (Zoning Ordinance). The proposed changes to Chapter 23 amend the
requirements for storm water detention by deleting the quantity standards of Section
23.407 (2) and referring to the new Chapter 5B. A change is also made to reference
Chapter 5A Construction Site Erosion and Sediment Control. The proposed changes
are found in Attachment 1.
The proposed changes to Chapter 29 are similar to those in Chapter 23. The quantity
standards of Section 29.406 (11) for parking lot design are deleted and a new Section
29.413 is proposed that refers to the new Chapter 513. There are also two amendments
made to Section 29.1502 (2) for application requirements for Site Plan reviews. The
proposed changes are found in Attachment 2.
Planning and Zoning Commission Meeting:
On March 19, 2014, the Planning and Zoning Commission recommended approval of
the proposed text amendments by a vote of 5 to 0. The Commission had no significant
concerns. There was no additional public comment.
ALTERNATIVES:
1. The City Council can approve the proposed amendments to Chapter 23 and Chapter
29 to bring these chapters into conformance with the new Chapter 513.
1
2. The City Council chose to not adopt these proposed text amendments.
3. The City Council can refer this issue back to staff for further information.
RECOMMENDED ACTION:
The proposed amendments are necessary to ensure consistency with the new Chapter
5B Post-Construction Storm Water Management Ordinance. The Public Works
Department has been conducting public outreach over the past year with a working
group of developers, engineering professionals, and conservation interests; public
meetings; and two work sessions with the City Council.
The deletions and additions remove the regulatory standards found in the Subdivision
and Zoning regulations and refers to the new Chapter 5B, allowing all storm water
management regulations to be found in one place within the Municipal Code. The new
Chapter 5B will include provisions for allowing projects that have submitted a complete
development permit application to not be subject to the new regulations. However, new
development applications submitted upon the effective date of the new ordinance,
estimated as May 1, 2014, will be subject to all the development requirements.
The new standards will potentially affect the layout of new subdivisions, approach to
landscape plans and requirements, building placement, and parking lot design. Follow
up measures to adopting the new ordinance will included future landscaping and
parking lot design standards to address potential competing design interests between
implementing stormwater treatment measures and other landscape needs for screening
and aesthetic variety.
It is the recommendation of the City Manager that the City Council accept Alternative 1,
thereby approving the amendments to Chapter 23 and Chapter 29 to bring these
Chapters into conformance with the new Chapter 5B.
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Attachment 1: Proposed Amendments to Chapter 23
New language is indicated by underline. Deletion is indieatedby strikett„-,,egl
Sec. 23.407. STORM WATER MANAGEMENT.
1. General:
a. Any subdivision shall make adequate provision to control the rate of storm
or flood water runoff including by storm water management measures
necessary and appropriate for carrying away by pipe or surface
channelization any spring or surface water that may exist at the time of
subdivision or be reasonably expected to be created by development or use
of the area to be subdivided.
b. Any required storm sewers including foundation drain collector lines shall be
separate from any required sanitary sewers and shall be installed at the
subdivider's expense and subject to requirements of the City and shall be
adequate to serve all lots or parcels of land within the area to be subdivided.
c. The storm sewer system shall be designed with due regard to the present
and reasonably foreseeable needs of the area to be subdivided and to the
location and capacity of existing storm sewers and other storm water
management measures available to serve existing and reasonably anticipated
development or use of areas abutting the area to be subdivided.
d. Any such storm sewers may become the property of the City, upon the
City's inspection, approval, and acceptance of such sewers, after the
subdivider pays to the City any costs associated with their installation
including any reasonable charge for any supervisory or other services
provided by the City.
2. Storm Water Management Design Standards: Storm water- management
i. .,��t� h • e ,lt� Sato f
c-visvi ircr czrcTe 9r,—'vTP'zrr '��rv�TCT��rn c�^v-r
ri'neif when eempcar-ed to the—undeveloped endition of the ar-0a
to be subdivided. T-herainfall frccqueneies that shall b-e-
--p—atted in the design of the storm water- managem
seshalli n e l u d e t i,e five year-, ten year-, 50 year-, and 100
year- design storm events. in the ease of major- subdivisions, 0—
i�rletilations and design of the=star—in water- management system
shall be prepared by an engineer- lieensed to pr-aetiee in low
Where applicable, the storm water management design shall incorporate the requirements
of Chapter 5B Post Construction Stormwater Management Ordinance.
a. Exemption. Storm Water- Management Design standards do not apply to an!7 T
af-ea wi...... - 1,000 feet distanee ffem any City of Ames drinking watef- well
leeatedii in Southeast Well Field and Pout Sports Complex Well Fie�
in these speeifie areas, developments will need to meet r-equif-ements for- ster-fn
water-quality based treatment or- a eombination of quantity and quality
Dir-eeter- of WEker- and Pollution Control.
based treatment, as approved by both the Dif-eeter- of Ptiblie Wof-ks and the
3. Accommodating Upstream Drainage Areas: Any necessary and appropriate storm
water management measure shall be designed to accommodate runoff from any
upstream area potentially draining into or through the area to be subdivided,
whether such area is inside or outside the area to be subdivided. Such design shall
assume that the upstream area will be regulated such that storm water discharge
shall be equal to the nafieff f r, the undeveloped , nditio, f the . o „laced
design stor,,,, events as pFavided for ; Seet o 23 407(2) in conformance with the
requirements of Chapter 5B Post Construction Stormwater Management Ordinance.
4. Protecting Downstream Drainage Areas: Any subdivision shall provide for
mitigation of any overload condition reasonably anticipated on any existing
downstream storm water management measure outside the area to be subdivided,
provided that the development or use of the area to be subdivided creates or
contributes to such condition.
5. Dedicating Drainage Easements: Any necessary and appropriate public storm
water management measure shall be located in the right-of-way associated with a
public way to the extent practical. Any such measures that cannot be so located
shall be located in a perpetual unobstructed easement with satisfactory access to a
public way and from a public way to a natural watercourse or to other storm water
management measure. Any such easement shall be secured by the subdivider and
dedicated to the City.
Amend Section 23.502(2)0) and(k) to read:
0) a gr- ding„'aH and a plan for- soil erosion and sediment „ a sediment and erosion control
plan meetingtquirements of Chapter 5A Construction Site Erosion and Sediment Control;
(k) a „la f r steFm water- management and run off e r*re' a storm water management plan
meeting the requirements of this chapter and Chapter 5B Post Construction Stormwater
Management Ordinance.
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Attachment 2: Proposed Amendments to Chapter 29
New language is indicated by underline. Deletion ; indicated by stfikethr-oogk.
Delete Section 29.406(11)(c) in its entirety.
(e) Stofm Water-Management Design StandaFds: Stofm water-management design s
iner-ease in the rate of fulnnofff eempar-ed to the undeveloped eondition of the area to be
developed. The minfall fFe"eneies that shall be iaeofpor-ated in the design of the stofm wate
management system shall inelude the five year-, ten year-, 50 year and 100 year design stefffi
evefAs. The ealettlations and design of the stofm water-fna-aagement system shall be prepared
by an engineer lieensed to pr-aetiee in lowa.
within a 1,000 foot distanee from any City of Ames drinking wa4er-well loeated in the Southeast
Well Field and Youth SpeAs Geffiple*Well Field. in these speeifie meas, developffieffts will..
need to meet r-e"ir-ements for sto . lity based treatment or-a eembination of � lil�
and quality based treatment, as approved by both the Dir-eeter-of Publie Works and the Direetef
of Planning and Housin-g—,
Create new Section 29.413. The new Section 29.413 will read:
Section 29.413 Storm Water Management Design Standards
(i) Where applicable, the storm water management design shall incorporate the
requirements of Chapter 5B Post Construction Stormwater Management
Ordinance.
Amend Section 29.1502(2)(o) and (p)to read:
(o) When airappheabo development involves .5 aEr-es o f vdimulastive
disturbed afea(s), a Sediment and Erosion Control Plan shall be s4fnit4ed. ,
sueh a Plan may be required for-applieations with disturbed area of less than .5 aer-es,4-f
deemed neeessafy by the Planning Dir-eeter, A sediment and erosion control plan meeting
the requirements of Chapter 5A Construction Site Erosion and Sediment Control.
(p) SteF,., water-management plan. A storm water management plan meeting the
requirements of this chapter and Chapter 5B Post-Construction Stormwater Management
Ordinance.
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY REPEALING CHAPTER 23 SECTION 407 (2)(3)
AND ENACTING A NEW CHAPTER 23 SECTION 407(2)(3)THEREOF ;
REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT;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 repealing
Chapter 23 Section 407(2)(3)and enacting a new Chapter 23 Section 407(2)(3) as follows:
"Sec. 23.407. STORM WATER MANAGEMENT.
2. Storm Water Management Design Standards: Where applicable, the storm water
management design shall incorporate the requirements of Chapter 5B Post Construction Stormwater
Management Ordinance.
3. Accommodating Upstream Drainage Areas: Any necessary and appropriate storm
water management measure shall be designed to accommodate runoff from any upstream area
potentially draining into or through the area to be subdivided, whether such area is inside or outside
the area to be subdivided. Such design shall assume that the upstream area will be regulated such
that storm water discharge shall be in conformance with the requirements of Chapter 5B Post
Construction Stormwater Management Ordinance."
Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Three. 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
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY REPEALING CHAPTER 23 SECTION
502(2)0)(k) AND ENACTING A NEW CHAPTER 23 SECTION
502(2)0)(k) THEREOF; REPEALING ANY AND ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF
SUCH CONFLICT;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 Chapter 23 Section 502(2)0)(k)and enacting a new Chapter 23 Section 502(2)0)(k)as follows:
"Sec.23.502. PRELIMINARY PLAT(MAJOR SUBDIVISION).
(2) Features. In addition to all information provided with the Sketch Plan,the Preliminary
Plat shall show the following information:
(j) a sediment and erosion control plan meeting the requirements of Chapter 5A
Construction Site Erosion and Sediment Control;
(k)a storm water management plan meeting the requirements of this chapter and Chapter
5B Post Construction Stormwater Management Ordinance."
Section Two. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Three. 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
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY REPEALING CHAPTER 29 SECTION
406(11)(c)(i) AND ENACTING A NEW CHAPTER 29 SECTION 413
THEREOF, THAT REFERS TO THE NEW CHAPTER 5B REPEALING
ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT; 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 Chapter 29 Section 406(11)(c)(i)and enacting a new Chapter 29 Section 413 as follows:
"Sec.29.406. OFF-STREET PARKING.
(c) Storm Water Management Design Standards: Storm water management design shall include
grading,facilities or improvements or some combination thereof which results in no increase in the rate of runoff
when compared to the undeveloped condition of the area to be developed. The rainfall frequencies that shall be
incorporated in the design of the storm water management system shall include the five year,ten year,50 year and
100 year design storm events. The calculations and design of the storm water management system shall be prepared
by an engineer licensed to practice in Iowa.
(Ord. No. 3591, 10-10-00)
(i)Exemption. Storm Water Management Design standards do not apply to any area within a
1,000-foot distance from any City of Ames drinking water well located in the Southeast Well Field and Youth
Sports Complex Well Field. In these specific areas,developments will need to meet requirements for storm water
quality-based treatment or a combination of quantity-and quality-based treatment,as approved by both the Director
of Public Works and the Director of Water and Pollution Control.
(Ord. No. 4009, 09-22-09)
Sec. 29.413. STORM WATER MANAGEMENT DESIGN STANDARDS.
Where applicable,the storm water management design shall incorporate the requirements of Chapter 513
Post Construction Stormwater Management Ordinance."
Section Two. All ordinances, or parts of ordinances,in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Three. 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
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY REPEALING CHAPTER 29 SECTION
1502(2)(o)(p) AND ENACTING A NEW CHAPTER 29 SECTION
1502(2)(o)(p) THEREOF, REPEALING ANY AND ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF
SUCH CONFLICT;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 Chapter 29 Section 1502(2)(o)(p)and enacting an new Chapter 29 Section 1502(2)(o)(p)as follows:
"Sec.29.1502. SITE DEVELOPMENT PLAN REVIEW.
(2) General Requirements for Site Plan Review.
(o)A sediment and erosion control plan meeting the requirements of Chapter 5A
Construction Site Erosion and Sediment Control.
(p)A storm water management plan meeting the requirements of this chapter and Chapter
513 Post-Construction Stormwater Management Ordinance."
Section Two. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Three. 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