HomeMy WebLinkAboutA002 - Memo from Planning and Housing dated March 23, 2016 Memo
Department of Planning & Housing
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TO: Diane Voss, City Clerk
FROM: Charlie Kuester, Planner
DATE: March 23, 2016
SUBJECT: Zoning Text Amendment for the Environmentally Sensitive Area Overlay(O-E)
The Planning and Zoning Commission acted on the above-mentioned amendment to the Zoning Ordinance
at its meeting of February 17, 2016.
The City Council will review the proposed amendment at its meeting of April 12, 2016.
A copy of the Commission Action Form, dated February 17, 2016, is attached.
Please contact me at extension 5400 if you have any questions regarding this agenda item.
CK\jn
Attachment
S:\Planning.Dep\PLAN_SHR\Council Boards Comnlisslons\PZ\Letters&Memos\2015\Memo to Clerk Re ZTA for Environmentally Sensitive Area Overlay,02-17-16.doex
ITEM # 8
DATE 02-17-16
COMMISSION ACTION FORM
SUBJECT: ZONING TEXT AMENDMENTS RELATING TO ENVIRONMENTALLY
SENSITIVE AREA OVERLAY (O-E)
This CAF has been updated to reflect the motion of the Commission
at the 1/20/16 meeting to address preliminary plats and Chapter 5B. It
also includes an outline of another optional approach to the O-E
district.
BACKGROUND:
The Ames Zoning Ordinance includes a zoning overlay district known as the
Environmentally-Sensitive Area Overlay (O-E). Zoning overlays are districts that are
added to base zoning districts to augment requirements in relation to a specific area or
uses. The O-E is described as follows:
The Environmentally Sensitive Overlay (O-E) Zone is intended to
supplement the City's flood plain regulations and to protect designated
natural resource areas by using the natural resources inventory to identify
and preserve natural resources and by establishing parks and open space
areas. Greenways are included in this district for stream corridors, linear
parks, and open spaces adjacent to environmentally sensitive areas to
create a continuous system throughout the City.
The Zoning Ordinance specifies that such overlays are to be mapped based on a
scientific study that concludes the area is "especially sensitive to adverse public impact
from development due to unique environmental concerns." The ordinance notes that
flood plains, designated natural resource areas, parks and open spaces, greenways,
and areas adjacent to aquifers are eligible based on existing scientific evidence (FEMA
Flood Insurance Study, Norris Study of 1994, etc.). Other areas may be so designated
by the City Council based on other scientific studies done by the City or by other parties.
The O-E does not contain specific regulatory requirements, such as use limitations. It
requires the applicant to prepare an Environmental Assessment Report on how the
development will "address, obviate, or mitigate" the environmental issues which led to
the designation. The major regulatory tool within the O-E is the requirement for a
City Council approval of a Major Site Development Plan or Preliminary Plat for
development within the Overlay.
O-E standards require a developer or property owner to identify measures to reduce the
expected impacts of development in the Floodway, such as increase in runoff from
impervious surfaces or significant alteration of natural features. This approach would
not entirely prohibit development in the Floodway, but instead would require the
project to demonstrate how its impacts will be mitigated. The City Council could
impose conditions on a project to mitigate possible negative effects of the development
on area within the O-E. The City Council could also seek changes to the development to
better mitigate negative impacts or, if mitigation was not possible, to deny the proposed
development. The City Council will review a project through the criteria of a Major Site
Development Plan (Attachment C) or Preliminary Plat (Attachment D). The most
relevant criteria for a Major Site Development Plan would be #1, 4, 5, and 11.
Storm water Management Ordinance (Chapter 5B)
The Post-Construction storm water ordinance (known as Chapter 5B of the Ames
Municipal Code) was approved in April, 2014. Chapter 5B is a storm water quality and
quantity control ordinance. The ordinance includes storm water design standards that
limit post-development surface runoff to a rate and volume not to exceed pre-
development runoff and also requires the capture and cleansing of the first 1.25" of
rainwater prior to release (the "first flush"). Chapter 5B includes a comprehensive
approach to storm water management of first completing a site assessment of soils and
vegetation and then incorporating best management practices (BMP) into a project to
meet the quantity and quality standards. The ordinance also includes design
requirements, inspections, management plans with maintenance obligations, and initial
bonding for security of the improvements for the first three years after the improvements
are established.
Standards of Chapter 5B specifically identify areas adjacent to waterways for limitations
on encroachment. In particular, it requires buffers of varying sizes depending upon the
"order" or significance of the waterway. Smaller streams in Ames may be a 1st or 2nd
order stream, such as College Creek, Worle Creek, or Clear Creek. These streams
require a buffer of 100 feet on each side of the stream. Larger or higher order streams,
such as Skunk River, Squaw Creek, and Onion Creek require specific studies to
determine the adequate buffer width. The buffer is measured from the mean level of the
waterway, which is a level that is within the top of the bank of a stream.
Buffers create areas that must be managed in accordance with an approved
management plan and an easement granted to the City. Natural vegetation shall be
maintained or restored. It is possible to be granted a waiver from the buffer
requirements, but the applicant must show how site conditions make it difficult to
implement the best management practices for storm water. The municipal engineer may
require alternative detention or treatment methods of a partial waiver is granted.
The requirements of Chapter 5B clearly complement the requirements of the
Environmentally Sensitive Overlay with its site assessment requirements and direction
to promote native vegetation and protection of riparian areas. However, there are
differences in its effect on a site and that the objectives are principally about controlling
storm water runoff. Chapter 5B addresses the impacts of development, but does not
control how development is located or shaped on a site, with the potential exception of
the buffers. Staff created a simple exhibit to illustrate how a 100-foot buffer relates to
the floodway areas that are proposed to be subject to the O-E. The buffering in some
instances includes the entire Floodway, but in others do not. Attachment E is a map
showing the relationship between a Chapter 5B buffer and the Floodway. Attachment E
is best viewed in color in the online pdf version of this report.
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Chapter 5B does allow for storm water control features, e.g. detention ponds, to be
located within a Floodway, but likely outside of the buffer. This may seem counter
intuitive, but in many ways it fits the layout of the site and meets the storm design
events of 1 year, 5 year, 10 year, and 100 year. Not all projects have located facilities in
the Floodway, but it is an option that is available. Additionally, if improvements are
allowed in the Floodway, such as parking, the treatment of parking areas would need to
be located at or below the same elevation of the improvements. While the performance
standards of Chapter 5B are comprehensive, adding the O-E overlay would add a
broader application of criteria to development within the Floodway beyond management
of storm water.
Proposed Amendments
The proposed amendments to the O-E district address the applicability of the overlay to
activities within the Floodway. The amendments address the process for seeking
approvals for a project within the overlay.
There is in excess of 400 properties in the City in which at least a portion lies within the
Floodway. Most also include a portion of the property within the Floodway Fringe. The
intent of the O-E is to ensure that the review occurs only if development uses occur in
the Floodway—if development activities are limited to only the Floodway Fringe, the
procedural requirements of Section 29.1103(4) would not apply. If, however,
development is proposed in the Floodway, those procedures (the preparation of an
Environmental Assessment Review and Major Site Development Plan) would apply to
the entire development. The intent for subdivisions is that a review of the environmental
constraints would occur with the Preliminary and Final Plats and that the resulting
individual home lots would not be subject to a Major Site Development Plan—
commercial development in the Floodway still would be.
The proposed language can be found in Attachment B.
O-E Non-Discretionary Review Alternative
Concerns have been expressed about the discretionary approach of requiring City
Council approval for encroachment into the Floodway. In staff's view the three most
likely types of improvements that could occur in the Floodway are grading, storm water
treatment facilities, and flat impervious surfaces, such as parking and loading areas.
Development of structures is typically already prohibited under the standards of Chapter
9 of the Ames Municipal Code.
Some of the comments from the January 20th P&Z meeting characterized the proposed
O-E process as unpredictable and/or political. Mr. Renaud of Fox Engineering also
expressed that in his view storm water detention facilities should be exempt from the O-
E and on their own should not trigger a Major Site Development Plan review.
To address this input, Staff has considered an alternative approach that would maintain
staff level (administrative) approval for development or improvements within the
Floodway, but include defined parameters for the extent of those improvements. For
3
example, those uses characterized as "Development Uses" in Chapter 9 could be
approved by staff if they did not disturb more than 10 percent of the area of the
Floodway, limit the amount of impervious area within a Floodway to 10,000 square feet
(parking area for approximately 30 cars), and or a buffer setback equal to or greater
than that of Chapter 5B. With any of these standards, encroachment would be limited
within the Floodway. An administrative standards approach provides clear expectations,
but limits both flexibility of the property owner to attempt to use more of Floodway in
support of development with mitigation of the effects and it also limits the purview of the
City to assess the merits of the proposed use or configuration of improvements within
the Floodway.
ALTERNATIVES:
1. The Planning & Zoning Commission can recommend that the City Council adopt the
proposed changes to the language of the O-E district.
2. The Planning & Zoning Commission can recommend the City Council decline to
adopt the proposed changes to the language of the O-E district.
3. The Planning & Zoning Commission can recommend alternative language to allow
administrative approval rather than full discretionary review for some development
within the O-E district.
RECOMMENDED ACTION:
Staff believes that these amendments, in conjunction with the proposed amendments to
Chapter 9 Flood Plain Zoning Regulations and the mapping of the O-E (companion
items on the agenda), will reduce the impacts of development in the Floodway by
requiring owners and developers to identify and account for these impacts and to devise
measures to mitigate them. Approvals of those developments would require a review
and recommendation by the Planning and Zoning Commission and action by the City
Council following a public hearing. However, development that occurs entirely in the
floodway fringe would not be subject to any changes in process or standards.
The proposed amendments also address grading and utility installation that may need
to occur during the platting process. Developers would be required to prepare the
environmental assessment and address impacts as part of the preliminary plat process
rather than through the Major Site Development Plan. Again, if no grading or other
activity were proposed in the Floodway, the provisions of the O-E overlay would not
apply.
Therefore, the Planning and Housing Department supports Alternative #1, which
is to recommend that the City Council approve the proposed changes to the
language of the Environmentally Sensitive Area Overlay (O-E) district.
S:\PLAN—SHR\Council Boards Commissions\PZ\Commission Action Forms\Text Amendments\OE ZOTA-02-17-16.docx
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ATTACHMENT A: EXISTING LANGUAGE
Sec. 29.1103. "O-E" ENVIRONMENTALLY SENSITIVE AREA OVERLAY.
(1) Purpose. The Environmentally Sensitive Overlay (O-E) Zone is intended to
supplement the City's flood plain regulations and to protect designated natural resource
areas by using the natural resources inventory to identify and preserve natural
resources and by establishing parks and open space areas. Greenways are included in
this district for stream corridors, linear parks and open spaces adjacent to
environmentally sensitive areas to create a continuous system throughout the City.
(2) Designation of Environmentally Sensitive Areas. Any area may be designated an
O-E Zone by ordinance of City Council, after the advice and recommendation of the
Planning and Zoning Commission, if the results of a scientific study of the area support
the conclusion that the area so designated is especially sensitive to adverse public
impact from development due to unique environmental circumstances. Examples of
such areas that may be designated as an O-E zone are:
(a) Flood Plain Areas. Those areas defined in Chapter 9 of the Municipal Code;
(b) Designated Natural Resource Areas. Those areas defined in "A Natural Areas
Inventory of Ames" (July 18, 1994);
(c) Park and Open Space Areas. Those areas defined in the City's Parks and
Recreation Master Plan of the Municipal Code;
(d) Green-ways. Those areas as may be defined as Green-ways by the City
Council; and
(e) Aquifer Protection Areas. Those areas as may be defined as Aquifer
Protection Areas as defined by the City Council.
(3) Studies. The Department of Planning and Housing and the Planning and Zoning
Commission are authorized to conduct studies in order to evaluate areas for
environmental sensitivity as part of the continuing process of maintaining a current
comprehensive land use plan for the City. Additionally, studies done by or for other
governmental or private parties may be adopted for the purposes of this section.
(4) Procedures. No Building/Zoning Permit shall be issued and no grading, excavation,
construction or change in use shall occur in an area designated as an O-E Zone except
in accordance with the procedures set forth in Section 29.1503(4), "Major Site
Development Plan Review". In addition, the applicant shall prepare and submit an
Environmental Assessment Report which shall detail how the problems identified in the
study on which the O-E Zone designation was based will be addressed, obviated or
mitigated. City Council shall not approve the Major Site Development Plan unless it has
reviewed and approved the Environmental Assessment Report.
(5) Enforcement. Development or other activities in conflict with the Major Site
Development Plan, or a failure to implement the Plan, including the measures set out in
the Environmental Assessment Report shall constitute the violation of this section for
which any and all enforcement means and remedies established by law or zoning
regulations may be invoked and instituted.
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ATTACHMENT B: PROPOSED LANGUAGE
Sec. 29.1103. "O-E" ENVIRONMENTALLY SENSITIVE AREA OVERLAY.
(1) Purpose. The Environmentally Sensitive Overlay (O-E) Zone is intended to
supplement the City's flood plain regulations and to protect designated natural resource
areas by using the natural resources inventory to identify and preserve natural
resources and by establishing parks and open space areas. Greenways are included in
this district for stream corridors, linear parks and open spaces adjacent to
environmentally sensitive areas to create a continuous system throughout the City.
(2) Designation of Environmentally Sensitive Areas. Any area may be designated an
O-E Zone by ordinance of City Council, after the advice and recommendation of the
Planning and Zoning Commission, if the results of a scientific study of the area support
the conclusion that the area so designated is especially sensitive to adverse public
impact from development due to unique environmental circumstances. Examples of
such areas that may be designated as an O-E zone are:
(a) Flood Plain Areas. Those areas defined in Chapter 9 of the Municipal Code;
(b) Designated Natural Resource Areas. Those areas defined in "A Natural Areas
Inventory of Ames" (July 18, 1994);
(c) Park and Open Space Areas. Those areas defined in the City's Parks and
Recreation Master Plan of the Municipal Code;
(d) Green-ways. Those areas as may be defined as Green-ways by the City
Council; and
(e) Aquifer Protection Areas. Those areas as may be defined as Aquifer
Protection Areas as defined by the City Council.
(3) Studies. The Department of Planning and Housing and the Planning and Zoning
Commission are authorized to conduct studies in order to evaluate areas for
environmental sensitivity as part of the continuing process of maintaining a current
comprehensive land use plan for the City. Additionally, studies done by or for other
governmental or private parties may be adopted for the purposes of this section.
(4) Procedures. No Building/Zoning Permit shall be issued and no grading, excavation,
construction or change in use shall occur in an area designated as an O-E Zone except
in accordance with the procedures set forth in Section 29.1503(4), "Major Site
Development Plan Review" or with the procedures set forth for a Preliminary Plat in
Chapter 23, Subdivisions.
An applicant shall prepare and submit an Environmental Assessment Report, which
shall detail how the problems identified in the study on which the O-E Zone designation
was based will be addressed, obviated or mitigated. City Council shall not approve the
Major Site Development Plan or Preliminary Plat unless it has reviewed and approved
the Environmental Assessment Report.
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(a)Development within the Floodway
(i) If no activity defined as a Development Use in Section 9.4 (2)
occurs within the O-E Zone, th'e requirements of this subsection
shall not apply.
(ii) If any activity defined as a Development Use in Section 9.4 (2)
occurs within the O-E Zone, the requirements of this subsection
shall apply to the entire parcel.
(5) Enforcement. Development or other activities in conflict with the Major Site
Development Plan, or a failure to implement the Plan, including the measures set out in
the Environmental Assessment Report shall constitute the violation of this section for
which any and all enforcement means and remedies established by law or zoning
regulations may be invoked and instituted.
7
ATTACHMENT Q: MAJOR SITE DEVELOPMENT PLAN CRITERIA EXCERPT:
(vii) City Council Decision. After the transmittal of the recommendation from the
Planning and Zoning Commission,the City Council shall consider the application at a public hearing conducted as 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)(i.) and (iii) above. The City Council must approve, deny or modify the Major Site
Development Plan approval application within 60 days of the public hearing.
(d) Design Standards. When acting upon an application for a major site plan approval,the City
Council shall rely upon generally accepted site planning criteria and design standards. These criteria and standards are
necessary to fulfill the intent of the Zoning Ordinance, the Land Use Policy Plan,and are the minimum necessary to
safeguard the public health,safety,aesthetics,and general welfare. These criteria and standards include:
(i) The design of the proposed development shall make adequate provisions for surface
and subsurface drainage to limit the rate of increased runoff of surface water to adjacent and down stream property;
(Ii) The design of the proposed development shall make adequate provision for
connection to water,sanitary sewer, electrical and other utility lines within the capacity limits of those utility lines,
(iii) The design of the proposed development shall make adequate provision for fire
protection through building placement,acceptable location of flammable materials,and other measures to ensure fire
safety;
(iv) The design of the proposed development shall not increase the danger of erosion,
flooding,landslide,or other endangerment to adjoining and surrounding property,
(v) Natural topographic and landscape features ofthe site shall be incorporated into the
development design;
(vi) The design of interior vehicle and pedestrian circulation shall provide forconvenient
flow of vehicles and movement of pedestrians and shall prevent hazards to adjacent streets or property;
(vii) The design of outdoor parking areas,storage yards,trash and dumpster areas,and
other exterior features shall be adequately landscaped or screened to minimize potential nuisance and impairment to the
use of adjoining property.,
(viii) The proposed development shall limit entrances and exits upon adjacent streets in
order to prevent congestion on adjacent and surrounding streets and in order to provide for safe and orderly vehicle
movement:
(ix) Exterior lighting shall relate to the scale and location of the development in order
to maintain adequate security,while preventing a nuisance or hardship to adjacent property or streets;
(X) The proposed development shall ensure that dust and other forms of air pollution,
noise disturbances,odor,glare,and other nuisances will be limited to acceptable levels as prescribed in other applicable
State and City regulations;and
(xi) Site coverage,building scale,setbacks,and open spaces shall be in proportion with
the development property and with existing and planned development and structures, in adjacent and surrounding
property.
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ATTACHMENT D: PRELIMINARY PLAT CRITERIA EXCERPT
23.302 (6) City Council Action on Preliminary Plat:
(a) Based upon such examination, the City Council shall determine whether the
Preliminary Plat conforms to relevant and applicable design and improvement
standards in these Regulations, to other City ordinances and standards, to the
City's Land Use Policy Plan and to the City's other duly adopted plans. In
particular, the City Council shall determine whether the subdivision conforms to
minimum levels of service standards set forth in the Land Use Policy Plan for
public infrastructure and shall give due consideration to the possible burden of
the proposed subdivision on public improvements in determining whether to
require the installation of additional public improvements as a condition for
approval.
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ATTACHMENT E: STREAM BUFFERS AND FLOODWAYS
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General Flood Plain Overlay:
Floodway Overlay
Floodway Fringe Overlay
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Note that this map illustrates the minimum buffer distance, higher order
streams may have a larger buffer area.
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