HomeMy WebLinkAboutA001 - Commission Action Form, June 4, 2014 ITEM # 12
DATE: 6-04-14
COMMISSION ACTION FORM
SUBJECT: ZONING TEXT AMENDMENT FOR REZONING PETITION AND
MASTER PLAN
BACKGROUND:
Article 15 of the Zoning Code prescribes the procedures for a rezoning text or map
amendment request. Sec. 29.1507 allows for either a City Council initiated process or a
property owner initiated process. See Attachment A. When a property owner(s) of more
the 50% of property owners(s) desire a change to a district or regulation they may
petition for a zoning amendment directly and make an application request without City
Council initiation. It is then subject to a public hearing process for a recommendation by
the Planning and Zoning Commission and ultimately a public hearing with the City
Council for approval.
However, when a property is part of rezoning to Floating Suburban Residential (FS)
Residential Low or Residential Medium it is mandatory that an applicant first seek City
Council direction on whether a Master Plan must accompany the application. For all
other zoning districts it is not a mandatory requirement prior to making an application,
with the caveat that City Council at any time may request a Master Plan. The City
recently modified the Master Plan process in August of 2012 to remove the mandatory
Master Plan and Preliminary Plat requirement concurrent with an FS zoning request.
This was intended to allow for a more streamlined review and flexibility for developers
that have not fully formulated their development concept at the initial stage of rezoning.
The criteria for what is required in a Master Plan was adopted with that text amendment.
As the Code is currently written, even if someone chooses to do a Master Plan they
must plan for 2-4 weeks of additional processing time just for confirmation by the City
Council that it indeed wants a Master Plan with the application before it can be
submitted and reviewed by staff. Staff believes this is an unnecessary step in the
process that requires additional staff time and time for Council for something that to
date has been per functionary.
Master Plan Requirement
Staff recommends a change to the Code to allow for the option of a developer to submit
a Master Plan consistent with the Code requirements without a Council determination of
the need. This would still allow for an applicant that does not believe a Master Plan is
necessary to seek a Council determination prior to making a rezoning application.
Section 29.1507 (3) Master Plan Determination. Before an application is made
for amending the zoning map to designate any property as F-S RL or F-S RM the
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applicant must either prepare master plan or s4a4 request that the City Council
determine whether a Master Plan will be required. When City Council first
considers an application for amending the zoning map to any other zoning
district, the City Council may require a Master Plan be submitted prior to taking
action on the rezoning request. The procedural requirements for this
determination shall be as follows:
Process for Planning and Zoning Commission Review
The current processing requirements for a rezoning petition establish that a rezoning
application is to be "immediately transmitted to the Planning and Zoning Commission for
an investigation and report.." Once transmitted to the Commission it starts a 90-day
clock to make a recommendation to the City Council. Recently this has resulted in
items being placed upon Planning and Zoning Commission agendas to meet this
requirement with no staff report or public hearing notice with no action taken by the
Commission until a later date.
With recent applications this has not been a productive process to "immediately"
transmit applications to the Planning Commission as staff review and response from an
applicant has not occurred. Past practice was to have staff review and to only proceed
to the Commission when an application was complete and ready for a public hearing
notice.
Staff recommends modification to the "immediately transmit' language to account for
staff review assessment of an application to fit the practice of scheduling items on
regular meetings dates. Staff would not change the 90-day requirement for Planning
and Zoning Commission to make a recommendation to the City Council.
Two options for this would to be simply replace the term immediately with wording about
next regularly scheduled meeting to clarify the intent. While this provides clarity in the
process it does not account for staff time to review and application. Staff would
recommend additional language allowing for a 30-day staff review and comment period
prior to forwarding to the Commission.
Section 29. 1507 (2) Petition for Amendment.
Whenever the owners of 50% or more of the area of the lots in any district or part
thereof desire amendment, supplement or change in any of the provisions of this
Ordinance applicable to such area, they may file an application in the
Department of Planning and Housing requesting City Council to make such
amendment; supplement or change. Such application shall be accompanied by a
map or diagram showing the area affected by the proposed amendment,
supplement, or change, together with the boundaries of said area, and the
names and addresses of all the owners of record in the Office of the County
Recorder and Auditor of Story County; Iowa, of lots therein and within a distance
of 200 feet from the boundaries of said area.
The Planninq Director shall within 30 days of receiving such application review it
for completeness and adequacy of materials supporting the request and the need
for any additional documentation or studies related to the request. A written
response to comments by the Planninq Director, if any, is required prior to having
the application noticed for a public hearing and transmitted to the Planninq
Commission.
and Zepipg Gemmiss'ion for- an ipvest4gatiep and rep . The Planning and
Zoning Commission shall file its recommendations approving, disapproving or
modifying the proposed amendment. supplement or change with City Council
within 90 days thereafter.
ALTERNATIVES:
1 . The Planning and Zoning Commission can recommend that the City Council
approve the amendments for submitting a Master Plan with a rezoning application
and the process for transmit a zoning application to the Planning and Zoning
Commission.
2. The Planning and Zoning Commission can recommend that the City Council
approve the amendments listed above with modifications.
3. The Planning and Zoning Commission can recommend that the City Council not
adopt the proposed text amendments.
4. The Planning and Zoning Commission can refer this issue back to staff for further
information at its next meeting in June.
RECOMMENDED ACTION:
Staff has identified these two issues related to administration of the Zoning Code and
believes modified language would allow for a more effective review of applications. The
option for submitting a Master Plan with a zoning request benefits the applicant in
speeding up the review process. The proposed changes to staff review or an
application and transmittal to the Commission reflect the standard practice of staff for
development review. Therefore, the Planning and Housing Department recommends
that the Commission act in accordance with Alternative 1 , which is to recommend that
the City Council approve the above described text amendments.
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Attachment A
Sec.29.1507. ZONING TEXT AND MAP AM END.NIENTS
(1) Authorization. The City Council may, front time to time. on its own initiative;, on petition, oron
recommendation of the Planning and Zoning Commission.after public notice and hearings,and after a report by the
Planning and Zoning Commission,or after 30 days written notice to said Commission,amend.supplement or change
the regulations.districts,or Official Zoning Map herein or subsequently established.
(2) Petition for amendment. Whenever the owners of 501;.or more of the area of the lots in any district or
part thereofdesireamendment,supplement or change in any of the provisions of this Ordinance applicable to such area,
they may file an application in the Department of Planning and Housing requesting City Council to make such
antendtnent. supplement or change. Such application shall be accompanied by a map or diagram showing the area
affected by the proposed amendment,supplement.or change,together with the boundaries of said area,and the names
and addresses of all the owners of record in the Office of the County Recorder and Auditor of Story County.Iowa,of
lots therein and within a distance of 200 feet from the boundaries of said area. Such application shall be transmitted
immediately to the Planning and Zoning Commission for an investigation and report. The Planning and Zoning
Commission shall file its recommendations approving,disapproving or modifying die proposed amendment,supplement
or change with City Council within 90 days thereafter.
(3) Master Plan Determination. Before an application is made For amending the zoning map to designate
any property as F-S RL or F-S RM the applicant shall request that the City Council determine whether a Master Ilan will
be required. When City Council first considers an application for amending the zoning Wrap to any other zoning district,
the City Council may require a Master Plan be submitted prior to taking action on the rezoning request. The procedural
requirements for this determination shall be as follows:
(a) information as required by Section 29.1200(2)for a Pre-Application Conference shall he forwarded
to City Council.
(b) The City Council may require a Master Plan to be submitted with a rezoning application if it
determines that any one of die following conditions is met:
(i) The area to be rezoned will contain more than one type of residential dwelling unit and will
be developed in multiple phases.
(ii) The area to be rezoned contains designated wetlands: flood plain and floodway
boundaries;areas designated by the Ames Land Use Policy Plan as Greenways and Environmentally Sensitive Areas;
conservation easements or other documented sensitive environmental conditions or valuable natural resources.
(iiii Development of the area with the most intensive uses permitted by the proposed
zoning designation may require new.enlarged or upgraded off-site public improvements.
(iv) The City Council determines that due to specific conditions that exist on or around
the area proposed to he rezoned,or due to situations that require more careful consideration of how the layout and design
of site affects general health,safety.and welfare,a Master Plan is necessary for consideration ofthe proposed zoning
map amendment.
(c) lfthe City Council determines that o Master Plan is required it shall be prepared in compliance with
the requirements of Section 29.i507(4) and shall be reviewed concurrently with the application for a zoning text
amendment.
(4) luster Plan.W hen a Master Plan is required, it shall be submitted in compliance with the following:
(a) Submittal Requirements.The Master Plan shall contain the following information:
(i) Name of the applicant and the name of the owner of record.
(ii) Legal description of the property.
(iii) North arrow,graphic scale,and date.
lit•) E xisting c ond itions w ith in the proposed zo ning bou n da ry and withi n 2 00 feet o f the proposed
zoning boundary: Project boundary;all internal property boundaries;public rights-of--way on and adjacent to the site,
Utilities,easements:existing structures;topography(contours at two-foot intervals);areas of different vegetation types;
designated wetlands: flood plain and floodway boundaries: areas designated by the Antes Land Use Policy Plan as
Greenways and Environmentally Sensitive Areas
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Attachment A
(v) Proposed zoning boundary lines.
(vi) Outline and size in acres of areas to be protected from impacts of development
(vii) Outline and size in acres of areas proposed of each separate land use and for each residential
unit type
(viii) Pattern of arterial streets and trails and off-site transportation connections
(ix) For proposed residential development provide the number of unit type for each area,
expressed in a range of the minimum to maximum number to be developed in each area
(x) Forproposed residenlial development provide a summary table describing all UNeS ofthe total
site area. including the number of units per net acre for each unit type and each zoning area.
(xi) For proposed commercial development: placement, size in square feet and approximate
dimensions for all buildings,locations and approximate dimensions of all parking areas;areas of landscape,screening,
buffer.plaza and open space;circulation pattern for all modes of transportation on the site.
(b) Number of copies.Submit seven(7)copies of the Master Plan on a sheet not to exceed 30"x 40",
and one 0)reduced copy of the Master Plan no larger than I I" x 17".
(5) Compliance with Master Plan. When a Master Plan is required and the proposed zoning map amendment
is approved,a zoning agreement shall be approved by the City and agreed to by the owners of the property in the area
of the proposed zoning map amendment that requires all development to be in compliance with the Master Plan. No
Preliminary Plat. Final Plat,Major Site Development Plan.Minor Site Development Plan or Special Use Permit shall
be approved that does not comply with the approved Master Plan. The process for amending the Master Plan shall be
the process specified in this section for a zoning map amendment.
(61 Conditions.Council may impose reasonable conditions on map amendments in accordance with Section
414.5 of the Iowa Code.
(71 Notice.
(a) Map. Notice of a map change shall be made by mail,publication and posting, in accordance with
Sections 29.1500(2)(d)(i),lit)and liii)above,except that at least 7 days notice must he given.In no case shall the public
hearing be held earlier than the next regularly-scheduled City Council meeting following the notice.
(h) Text. Notice of a text change shall be made by publication in accordance with Section
29.1504)(2)(d)(ii)above, except that at least 7 days notice must be given. In no case shall the public hearing be held
earlier than the next regularly-scheduled City Council meeting following the notice.
(8) Vote Required When Amendment Protested. If a written protest against any proposed amendment,
supplement or change has been filed with the City Clerk,signed by the owners of 20%or more of the area of the lots
included in the proposed amendment,supplement or change or by the owners of 204b or more of the property that is
located within 200 feet of the exterior boundaries of the property for which the amendment,supplement or change is
proposed,such amendment,supplement or change shall not become effective except by favorable vote of at least'/,of
all members of the City Council.
(Q) Renewal of Petition After Denial.Whenever a petition requesting an amendment,supplement,or change
ofany regulation prescribed by this Ordinance has been denied by the City Council.such petition cannot be renewed for
one year thereafter unless it is signed by the owners of at least 50%of the property owners who previously objected to
the change. This provision, however,shall not prevent City Council from acting on its own initiative in any case or at
any time as provided in this Section.
(10) Processing Time.
(a) Rezoning proposals referred by the City Council to the planning and Zoning Commission shall be
acted upon and returned to the Council not more than 90 days thereafter unless time extensions are specifically requested
by the applicant.
(b) Failure of the Planning and Zoning Commission to render decision within the time specified will
be deemed approval of the application as submitted.
(Ord.No. 3815, 12-21-04;Ord. No. 4121, 08-28-12)
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