HomeMy WebLinkAboutA002 - Council Action Form dated May 12, 2020 ITEM: 28
DATE: 05/12/20
COUNCIL ACTION FORM
SUBJECT: ZONING TEXT AMENDMENT RELATING TO SOLID WASTE
COLLECTION AREAS
BACKGROUND
In response to a general code cleanup assessment included as part of the Planning
Division work plan, staff has reviewed several minor development standards for
consistency with terminology and development review practices. The intent is to clarify
interpretations and standards, particularly as it relates to allowing trash and
recycling collection areas to be constructed in the front yard, and requirements for
design and materials used in the construction of enclosures for these areas.
The current standards ensure that the dumpsters and trash receptacles are contained
and screened as described in Article IV of Chapter 29 of the Ames Municipal Code. The
Zoning Ordinance includes landscape screening and fence standards to meet this
requirement. This is accomplished typically with no significant issues related to side and
rear yards. However, the staff has observed more circumstances in the past year
for commercial sites with multiple front yards having complications with fence
limitations in front yards and meeting the screening requirement.
The primary issue regarding front yards is the application of fence standards. The height
of fences is limited to four feet within front yards for residential and commercial zoning
districts, while fences typically can be six feet high in side and rear yards. Many trash
enclosures require more than four feet of screening to meet standards and landscaping
is typically not a good solution in tight environments. This issue has arisen for multiple
sites in the past year, all of which are sites with more than one street frontage,
making it harder to locate a structure outside of a front yard.
Refinements to the language in Chapter 29 will provide greater clarity in the
application of standards for garbage and recycling collection areas and the
enclosures constructed for screening purposes. Municipal Code does not currently
reference recyclable materials. only garbage. The proposed amendment includes
recyclables, refuse, garbage, and trash as all requiring enclosures.
The broader solid waste terminology relates to the incidental generation of waste from
the operation of a primary use on property. For example, a retail store that creates trash
and recycling materials through its stocking and sale of merchandise would be required
to contain the receptables and provide screening. Under the proposed change in the
Code, a principal use related to Waste processing or a Recycling drop-off will not
be subject to the screening. For example, the solid waste collection screening
requirements would not apply to the City's glass recycling containers that are
located on various commercial properties in the City, including the Lincoln Center
Hy-Vee and north Fareway.
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Additionally, the amendment would allow for solid waste collection areas in
commercial front yards, outside of setbacks, when they are upgraded with
materials matching the aesthetic and architectural quality of the principal building.
Currently, fence height restrictions would likely restrict locating an enclosure in a front
yard. regardless of size or depth of the front yard. The amendment also authorizes the
Planning and Housing Director to approve alternative locations, including waiving of
setbacks, for unusual sites that have three or more street frontages that may unduly
restrict siting options.
The Planning and Zoning Commission reviewed draft changes at its January 15th
meeting. The Commission discussed the differences in creating a fencing exception
rather than new garbage collection standards and the differences in front yards and front
yard setbacks. The Commission voted 7-0 in support of the staff recommendation, which
is to allow waste enclosures in the front yard, but outside of setbacks, when they meet
certain design standards.
ALTERNATIVES:
1 . Approve on first reading the proposed text amendments for solid waste collection
areas and design requirements within commercial front yards.
2. Approve the proposed text amendments on first reading with modifications.
3. Decline to approve the proposed text amendments and make no changes to
garbage collection area requirements.
CITY MANAGER RECOMMENDED ACTION:
The proposed zoning text amendments clarify requirements and expectations for the
location, as well as the design, materials and construction of enclosures for trash and
recycling collection areas. Changes would allow such areas to be located outside the
minimum required building setback within commercial front yards and street side yards.
This will provide the developers of commercial properties the option of using the front
yard as a possible location for trash and recycling collection areas, especially in the case
of corner lots where the acceptable locations for trash and recycling collection areas is
extremely limited. In unique conditions for a site with three or more street frontages. the
Planning Director may waive certain setbacks as well. The proposed amendments
apply only to properties located in commercial zones, and not to properties zoned
residential.
Therefore, it is the recommendation of the City Manager that the City Council
approve Alternative #1 , as described above.
Addendum
Existing Zoning Ordinance
Sec.29.408. OTHER GENERAL DEVELOPMENT STANDARDS.
(1) Vibration.
(a) All Uses. Every use shall be operated so that continuous.frequent or repetitive vibrations
inherently or recurrently generated may not be perceptible to a person of normal sensitivities on any point of any property
line of the lot on which the use is located.
(b) Exemptions. Vibrations from temporary construction work and vehicles which leave the lot,
such as trucks,trains and helicopters,are exempt from this Section,as are vibrations lasting less than 5 minutes per day.
Vibrations from primarily on-site vehicles and equipment are not exempt.
(2) Fences.
(a)Applicability.These standards apply to all zoning districts except General Industrial(GI),Research
and Innovation(RI),and Planned Industrial(P1).
(b)Types of Fences.These standards apply to walls,fences and screens ofall types whether open,solid,
wood,metal,wire,masonry,earthen,or other material.
(c)Location and Height.
(i)Height in Front Setbacks 8t Yards.The maximum height offences in front setbacks and
front yards is four(4)feet.
(ii)Height in Side and Rear Setbacks.The maximum height for fences in side or rear setbacks
is six(6)feet,except as further limited by this section in setbacks abutting street rights-of-way.
(iii)Height in Setbacks Abutting Rights-of-way.The maximum height offences in any setback
abutting a street right-of-way is four(4)feet,except that up to six(6)feet of fence is allowed in any side or rear setback
if:
a.The lot does not abut the front yard ofany other residential property along the same
side of the street.and
b.The fence is at least rive(5)feet from the property line abutting a street right-of-
way.Within this five(5)foot area,landscaping is required consisting of one landscape tree for every 50 lineal feet and
two high or three low shrubs for every ten lineal feet of area to be planted.
(iv)Height Outside of Setbacks.The maximum height for fences that are not placed in setbacks
is eight(8)feet,except that in any portion of a front yard fences shall not exceed four(4)feet.
(v) Retaining Wall. In the case of retaining walls and supporting embankments,the above
requirements shall apply only to that part of the wall above finished grade of the retained embankment,provided that the
finished grade at the top of the wall or embankment extends at least 20 feet or if the available area is less than 20 feet,the
grade extends to the principal structure.Otherwise,it will be considered an earthen berm and will be subject to the height
limitation for fences.
(vi)Visibility Triangle.All fencing shall meet the requirements of the visibility triangle as
defined in section 29.408(5)of the Municipal Code.
(d)Prohibited Materials.Barbed wire,razor wire,electric,and similar types of fences are prohibited.
(Ord.No. 3796, 09-14-04;Ord.No. 4052, 12-14-10;Ord. No. 4245, 1-26-16)
(3) Garbage Collection Areas.All outdoor garbage cans in outside collection areas shall be screened from
all public rights-of-way other than alleys and from any adjacent properties to the High Screen or F2 standards set forth
in Section 29.403. Trash receptacles for pedestrian use are exempt.
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING CHAPTER 29,
SECTION 29.408(3) AND ENACTING A NEW CHAPTER 29,
SECTION 29.408(3) AND ENACTING A NEW CHAPTER 29.201
211A THEREOF, FOR THE PURPOSE OF TRASH AND
RECYCLING COLLECTION AREAS IN COMMERCIAL
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,bythe 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 Chapter 29,Section 29.408(3)and enacting a new Chapter 29,Section 29.201
21]A as follows:
"Chapter 29,Section 29.201. DEFINITIONS.
(211 A) Solid Waste includes refuse,garbage,trash,and recyclable materials.
Chapter 29,Section 29.408(3).
(3) Solid Waste Collection Areas. All containers of garbage, trash, refuse, and recycling
incidental to the principal use shall be located within defined collection areas and shall be screened from all
public rights-of-way, other than alleys, and from adjacent properties to the High Screen (i.e. 6-foot tall
planting landscape buffer) or F2 (i.e. opaque fence) standards set forth in Section 29.403. Individual
receptacles for incidental pedestrian use are exempt. Recycling drop-off and other Waste Processing uses are
not considered incidental to the principal use as described in this section.
(a) Exception. Collection Areas in Commercial Zones. The intent is to ensure that
solid waste collection areas and associated enclosures are serviceable, durable, unobtrusive, and
architecturally compatible with the principal building(s)on the site. The following provisions constitute the
minimum requirements for collection areas when located within a front yard.
(i) Location in the Front Yard or Side Yard Adjacent to a Street.Exterior collection
areas are prohibited within any required front yard setback, street side yard setback, and required front
yard landscape areas. Enclosures shall be located in a visually unobtrusive location on the site that is readily
accessible for collection services without interfering with other characteristics of the site layout.
(ii) Design and Materials.The design of enclosures placed within the front
yard, outside of setbacks, shall be compatible with the architectural features, materials, and colors of the
principal building(s) on the development site. Materials used to construct the enclosures, including gates,
shall be durable and unobtrusive in appearance
a.Minimum Height and Opacity of Enclosures. All front yard
enclosures shall meet screening standards of"F2." Walls enclosing collection areas related to this
section shall not be subject to requirements for a"fence"located in a front yard.
(iii) Alternatives to location standards regarding minimum setbacks, including
waiver of setbacks, may be approved by the Planning and Housing Director if there are three, or more streets
abutting the development site.
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 John A.Haila, Mayor