HomeMy WebLinkAboutA002 - Commission Action Form dated January 19, 2022 ITEM: 9
DATE: 01/19/22
COMMISSION ACTION FORM
SUBJECT: TEXT AMENDMENT TO ALLOW TEMPORARY WASTE PROCESSING
THROUGH APPROVAL OF A SPECIAL USE PERMIT BY THE ZONING
BOARD OF ADJUSTMENT
BACKGROUND:
On June 15, 2021, the City Council referred to staff a request from the Zoning Board of
Adjustment (ZBA) to define the term "temporary" in the City's Zoning Ordinance. City
staff prepared a memo in response to the referral from the City Council and City Council
discussed the issues on an agenda in the fall of 2021.
The issue of"temporary" was identified by ZBA as an issue during the review of a request
for a Special Use Permit (SUP), received on January 14, 2021, to allow a yard waste
collection and transfer facility at 220 and 400 Freel Drive. The SUP for this site was
originally approved in April 2017 through May 1, 2018. Approval was extended by the
ZBA in September 2017 through December 31, 2018. A new SUP was approved in
February 2019, and approval was extended through December 31, 2020.
During the three-year period in which the SUP was approved, extended, and approved
again, the applicant was not required to pave a parking area and a driveway leading to
the parking area since the Special Use Permits were thought to be of a limited duration
and scope. The circumstances at the time were such that the applicant was in the middle
of a contract with the City for yard waste disposal and needed a site on a short-term basis
while the applicant sought a more permanent location in Story County.
Upon review of the new SUP application in 2021, the Planning Director determined
that without a definition of "temporary" in the Zoning Ordinance, there is no basis
to consider three prior years of the use with the proposed continued use of the site
under a new contract for three additional years as temporary. Therefore, the use
needed to comply with all zoning standards, including paving of the driveway and limited
amount of parking area, as well as corresponding landscaping requirements. The Zoning
Board of Adjustment consider the pertinent requirements and processes and ultimately
approved the waste site for one additional year with no permanent improvements. At that
time the Board prepared the referral letter for City Council consideration.
On October 26, 2021, the City Council considered four options identified by staff, which
are described as follows.-
Option #1: Create a Defined Special Use Permit (SUP) for "Temporary Waste
Processing"
This option would be a similar approach to the zoning text amendment in 2011 for
"Temporary Concrete and Asphalt Batch Plants" in certain zoning districts. The text
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amendment included adding Section 29.1311 (Temporary Concrete and Asphalt Batch
Plants) to accommodate such a use on a temporary basis (six months, plus extension)
and in a manner that would reduce the expected impacts on surrounding properties.
Section 29.1311(3) specifies the instances in which a SUP shall not be granted. The ZBA
has authority to specify what improvements are necessary to support the use.
This option would establish similar text amendments in Article 13 of the Zoning Ordinance
to address sites to be used on a temporary basis for yard waste collection and disposal.
A definition of"temporary" would not be written as the use would have a defined duration
and parameters like the zoning text amendment for "Temporary Concrete and Asphalt
Batch Plants."
Option #2: Create a Defined Special Use Permit (SUP) for "General Temporary
Uses" in non-residential zones
This option would establish a new Section in Chapter 29, Article 13 of the Municipal Code
for "Temporary Uses" including yard waste collection and disposal and other types of
"temporary uses." The Zone Use Tables for the applicable zones would also be amended
to include "Temporary Uses" that would be permitted with the granting of a SUP by the
ZBA. Standards for the use would be as established by the ZBA approval of a Special
Use Permit, much like Option 1.
This option is distinguished from Option 1 primarily by having no limitations on the
potential range of uses proposed as temporary.
Option #3: Define the Term "Temporary" and Applicable Exclusions to
Development Standards as Suggested by ZBA
This option is the suggestion of the ZBA, as described in its letter to the City Council dated
May 26, 2021. The Board suggests that "temporary" should be defined in Chapter 29
(Zoning) of the Municipal Code as "No more than one year from the date of approval,
unless defined otherwise." According to the ZBA, this would, by default, create a one-
year duration for any SUP, with the option by the ZBA to assign a shorter or longer term
as the circumstances require. The Board also states that it would also clearly put an
applicant on notice as to the nature and duration of their SUP and any future obligation
that will be required upon extension of said SUP.
This option is distinguishable from Option 2 in that as proposed it would apply to any use
that is already listed as a Special Use in a base zoning district and it would not create a
new classification of temporary uses.
Option #4: Decline the ZBA Request
This option would retain the status quo. It would not define "temporary" or change the
categorization of yard waste and collection facilities. The expectation would be for an
applicant to meet all applicable zoning standards.
The City Council selected "Option #1" and directed staff to create a defined Special
Use Permit (SUP) for "Temporary Waste Processing."
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In response to City Council's direction, staff is proposing text changes as shown in
Attachment A.
ALTERNATIVES:
1. Recommend that City Council adopt the proposed text changes to allow for
temporary yard waste processing facilities as presented in Attachment B.
2. Recommend that City Council adopt a modification of the proposed text changes
for temporary waste processing as presented in Attachment B.
3. Recommend that City Council take no action to adopt text changes for temporary
yard waste processing.
DEPARTMENT RECOMMENDATION:
The proposed zoning text changes provide a means by which temporary yard waste
processing site may be established on a temporary basis for up to one year with a one-
year extension, and yet meet the zoning standards for site improvements that include
paving for parking lots and driveways, as well as parking lot and front yard landscaping.
The degree of improvements that are required is left to the judgment of the Zoning Board
of Adjustment as it reviews the Special Use Permit. Staff finds that proposed amendment
is consistent with the direction provided by the City Council at their meeting on October
26, 2021. The use will only be allowed within zones that already allow for the permanent
use, such as General Industrial Zoning.
Staff recommends that the Planning and Zoning Commission recommend that the City
Council adopt the zoning text additions proposed for the addition of a new "Section
29.1315 Temporary Yard Waste Processing," as described in Attachment B (see
Alternative #1).
Attachment A
Proposed Text Changes for "Temporary Yard Waste Processing"
Staff proposes the following additions to the Zoning Ordinance.
Amend Article 13 Additional Requirements for Specific Uses to include a new
Section 29.1315.
Sec 29.1315. Temporary Yard Waste Processing
(1) It is recognized that yard waste processing sites to serve City diversion goals may require
the establishment of temporary facilities for the collection and disposal of yard waste.
These sites serve the residents of Story County and may be located within the corporate
limits of Ames. Certain site improvements are required for such yard waste collection and
disposal sites including, but not limited to, paving for parking spaces, drive aisles and
driveways, as well as landscaping for parking lots and front yards, and buffering.
2 The Zoning Board of Adjustment can authorize a Special Use Permit for a temporary and
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waste collection and disposal site when the use is allowed in the Base zoning district and
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only after a public hearing in accordance with the submittal and approval procedures set
out in Section 29.1503.
(3) The Special Use Permit shall not be granted:
a. For more than one year although an approved use can receive a single extension of up
to one year by the Zoning Board of Adjustment provided the initial approval has not
expired.
(4) Additional Requirements
a. All temporary principle and accessory structures and storage of materials shall meet
the setbacks of the zone in which it is located.
b. The Zoning Board of Adjustment may modify site improvement requirements in
recognition of the type of activity and limited use through the Special Use Permit
process.
The Zoning Board of Adjustment may apply such standards, or any other appropriate
standard, as a condition of approval as it seems necessary for the general welfare, for
the protection of individual property rights, and for ensuring that the intent and
objectives of this Ordinance will be observed.
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