HomeMy WebLinkAboutA004 - Council Action Form dated October 11, 2016 ITEM # 35
DATE 10-11-16
COUNCIL ACTION FORM
SUBJECT: ZONING TEXT AMENDMENTS TO CREATE A MINOR AMENDMENT
PROCESS FOR MAJOR SITE DEVELOPMENT PLANS (M-SDP) AND
SPECIAL USE PERMITS
BACKGROUND:
The City Council initiated a Zoning Text Amendment on July 12th in response to a
request to create a minor amendment process for Major Site Development Plans
(M-SDP) and Special Use Permits that would be the same process as allowed for
Planned Residential Developments (PRD). The PRD process includes a noticed
public hearing for rezoning with site development plan approval, but allows for minor
changes by staff (see excerpt below for Section 29.1203(9)). The M-SDP process
applies to project approvals beyond those of a PRD, for example apartments within FS-
RM zoning. Although both M-SDPs and PRDs are reviewed by the Planning and Zoning
Commission and approved by the City Council, there is no option for a minor
amendment to a M-SDP to be approved by staff when separate from a PRD.
M-SDPs are most frequently an approval process listed as part of the FS-RM zoning
district approvals for apartments. There are instances for other uses to trigger a Major
Site Development Plan, e.g. Lincoln Way Mixed Use developments, Residential High -
density with commercial uses exceeding 5,000 square feet, development within the
Environmentally Sensitive Area Overlay (floodway). There are only a handful of M-SDPs
approved each year compared to the dozens of administratively approve Minor Site
Development Plan applications.
The PRD zoning district does allow for minor amendments to be approved by the
Planning and Housing staff if they fall within the defined minor changes listed in Ames
Municipal Code Section 29.1203 (9):
(a) Do not constitute a change in the land use of the project; or the overall layout
and design;
(b) Do not increase the density or intensity of use, and the number of buildings or
a change in dwelling unit types;
(c) Does not change the overall landscape design of the F-PRD project; or
(d) Change the height or placement of buildings, or other major site features.
A minor amendment process for M-SDPs would allow staff to approve small changes
that do not significantly alter the approved plan, do not change required landscaping, or
do not allow building designs that are inconsistent with the approved design. The intent
is to allow small modifications to that will not change the intent of the overall project. It
would also allow for changes or additions that do not conflict with the Code and do not
substantially impact neighboring properties. Minor changes are not meant to diminish
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the interest or quality of the project overall. Minor changes also allow for features and
details to be added to a project.
A Site Development Plan is also included as part of the submittal and approval process
for a Special Use Permit, Section 29.1503, that is subject to noticed hearing and
approval by the Zoning Board of Adjustment. In this situation, the Site Development
Plan does not go before Council for approval, but is approved by a separate public
board. Currently, if there is a change to a site plan approved as part of a Special Use
Permit, the change must go back before the Zoning Board of Adjustment for approval.
An insertion of text in the Special Use Permit section would reference back to this
proposed text amendment in Section 29.1502 and allow minor changes to be
approved by staff using the same criteria proposed for Major Site Development
Plans.
The Planning and Zoning Commission reviewed this text amendment at their
September 21, 2016 meeting and voted 6-0 to support allowing a minor amendment
process for Major Site Development Plans and site plans approved with Special Use
Permits.
ALTERNATIVES:
1. The City Council adopt the proposed amendment on first reading of the ordinance to
allow a minor amendment process for Major Site Development Plans (M-SDP) and
Special Use Permits with Minor Site Development Plan approvals.
2. The City Council decline to adopt the proposed amendment.
3. The City Council can direct staff to prepare different language for minor
amendments.
MANAGER'S RECOMMENDED ACTION:
The proposed change will allow for a shorter timeline and more streamlined review and
approval of minor changes to Major Site Development Plans without public notice as is
currently included with an amendment. Minor changes approved by Staff will be limited
in nature. Staff would only deem changes as minor that are in substantial conformance
with the approved site plan and be limited to non-substantial items, such as parking lot
layout changes, building alterations that are consistent with approved design, color, and
materials. No change in use or density would be deemed minor. The current language
is somewhat vague in how to detail with architectural details in terms of design elements
of facades and features of buildings, but staff would interpret the intent of the process to
be that an approved project cannot have its quality diluted through revisions to the
design after its public hearing approval. The proposed amendment will also allow for
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staff to consider minor changes to site plan approvals that are associated with a Special
Use Permit.
Therefore, the City Manager recommends that the City Council adopt Alternative
#1 to approve on first reading an ordinance that creates a minor amendment
process for Site Development Plans.
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