HomeMy WebLinkAboutA005 - Council Action Form dated February 22, 2022 ITEM: 36
DATE: 02/22/22
COUNCIL 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 considered 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, to
address the issue of temporary uses and Special Use Permits. City Council chose to
direct staff to narrowly craft a special use option related to yard waste processing
facilities and proceed with a zoning text amendment.
In response to City Councils direction, staff is proposing text changes as shown in
Attachment A.
1
The Planning and Zoning Commission reviewed the requested amendment at the
Commission meeting on January 19, 2022, and recommended (5-0) that the City Council
adopt the proposed text changes to allow for temporary yard waste processing facilities
as presented in Attachment B.
Since the Planning and Zoning Commission meeting, the City Attorney's Office has
added a definition of "Yard Waste Processing" to the proposed amendments, which
reads as follows: "Yard Waste Processing means yard waste collection and
disposal. Yard waste processing is a type of Waste Processing and Transfer use."
Proposed "Section 29.1315(4)(b)&(c) Additional Requirements" has also been
changed by the City Attorney's Office to read as follows:
"(4) Additional Requirements
b. The Zoning Board of Adjustment may modify site improvement
requirements related to paving, landscaping, and buffering in
recognition of the type of activity and limited use, provided that the
criterial for a Special Use Permit under Ames Municipal Code section
291503 are met.
C. If any site improvements are proposed, the Applicant must submit a
minor site plan with their Special Use Permit Application."
ALTERNATIVES:
1 . Approve on first reading, the proposed text amendments to allow for temporary
yard waste processing facilities as presented in Attachment A.
2. Approve on first reading. the proposed text amendments as presented in
Attachment A, with modifications.
3. Decline to proceed with amendments for temporary yard waste processing.
CITY MANAGER RECOMMENDED ACTION:
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.
Therefore, it is the recommendation of the City Manager that the City Council
approve Alternative #1, as described in Attachment A.
Attachment A
Proposed Text Changes for "Temporary Yard Waste Processing"
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES,IOWA,BY ENACTING NEW SECTIONS
29.201(248.1) AND 29.1315 THEREOF, FOR THE PURPOSE OF
ALLOWING TEMPORARY YARD WASTE PROCESSING
FACILITIES; 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,by the 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 new Sections 29.201(248.1)and 29.1315 as follows:
"Sec 29.201. DEFINITIONS.
(248.1)Yard Waste Processing means yard waste collection and disposal.Yard waste processing
is a type of Waste Processing and Transfer use.
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.
(2) The Zoning Board of Adjustment can authorize a Special Use Permit for a temporary yard waste
collection and disposal site when the use is allowed in the Base zoning district and only after a
public hearing in accordance with the submittal and approval procedures set out in Section
29.1503.
(3) Any Special Use Permit for a temporary yard waste collection and disposal site must terminate
within one year of its approval.A single extension of up to one year may be granted by the Zoning
Board of Adjustment provided the initial Special Use Permit 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 related to
paving, landscaping, and buffering in recognition of the type of activity and limited use,
provided that the criteria for a Special Use Permit under Ames Municipal Code section
29.1503 are met.
c. If any site improvements are proposed, the Applicant must submit a minor site plan with their
Special Use Permit Application.
d. The Zoning Board of Adjustment may apply any other appropriate standard as a condition of
approval as it deems 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."
Section Two.Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set out by law.
3
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
4
I
Attachment B
Proposed Text Changes for "Temporary Yard Waste Processing"
As Recommended for Approval by the Planning & Zoning Commission
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 yard
waste collection and disposal site when the use is allowed in the Base zoning district and
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.
5