HomeMy WebLinkAboutA004 - Council Action Form dated July 12, 2022 ITEM #: 32
DATE: 07/12/22
COUNCIL ACTION FORM
REQUEST: AMENDMENTS TO THE AMES MUNICIPAL CODE FOR
APPLICATIONS REQUIREMENTS AND APPROVAL AUTHORITY
BACKGROUND:
The Planning Division along with the City Manager's Office have recently reviewed some
of the City's planning project review and notification procedures and approval processes.
Staff determined that modifications to defined roles would improve the administration of
the Ames Municipal Code and better serve our customers. City Council on April 13. 2021 .
directed staff to move forward with drafting the proposed amendments. The changes
relate to the Zoning Board of Adjustment, Zoning Enforcement Officer, Planning and
Zoning Commission, references to the Comprehensive Plan. and various application
procedures in Chapter 29. including the addition of a formal Annexation initiation
procedure.
The proposed ordinance amends the following parts of the Ames Municipal Code:
• Chapter 20-Planning and Zoning Commission authority
• Chapter 29-Article 15- Application requirements
• Chapter 29-Article 14- Procedures, notification, and administration
• Chapter 29-Articles 1, 4, 12- Comprehensive Plan references and Planning
Director authority
The Planning and Housing Department is identified in the Municipal Code as the
responsible entity for the administration of the Subdivision Code and for the administration
of the Zoning Ordinance. However. the Zoning Ordinance currently designates the
Building Official as the Zoning Enforcement Officer responsible for the interpretation and
enforcement of zoning standards related to building permits and code enforcement.
Planning staff is responsible for other activities related to Site Development Plans, Zoning
Board of Adjustment applications, and Rezonings. The current Municipal Code further
assigns the City Clerk the responsibility for intake of certain applications and for
administrative support for the Zoning Board of Adjustment.
The proposed changes assigns the Planning and Housing Department the
responsibility for support of the Zoning Board of Adjustment rather than the City
Clerk's Office, and empowers the Planning Director to have final authority on
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interpretations of the Zoning Ordinance, in lieu of the Zoning Enforcement Officer.
The Planning Director will also be responsible for approval of front yard paving related to
driveways and parking. It should be emphasized that for the public, there will be no
outward change in how applications are handled as a result of these modifications.
Changes related to the Zoning Board of Adjustment include:
1 . Modification of voting standards to follow state law for an affirmative vote of
three members to approve a project. anything less would be a denial. Current
language appears to indicate three votes are needed for any type of decision,
which has been problematic when a full Board is not present. The proposed
language also allows for an applicant to obtain up to a 45-day continuance if
the full Board is not present at a meeting.
Staff originally proposed to change voting rules to allow for a 2-1 vote to be a
definitive action, however per state law three votes are required to approve a
project and would not allow for a 2-1 vote.
2. There is no change to the Zoning Board of Adjustment notification requirement
for publication of public hearing items (e.g. Special Home Occupations,
Variances, Special Use Permits, etc.) in the newspaper.
Staff originally proposed to remove the newspaper publication requirement for
the Zoning Board of Adjustment applications while maintaining the 200-foot
mailed notice and sign posting requirement. After further review it was
determined that Iowa Code Section 362.3 applies to all ZBA public hearing
items and it requires a between 4-20 day newspaper publication requirement.
3. Assigning Planning and Housing Department as administrative support to the
ZBA will eliminate the confusion of a customer having to communicate with
both the Planning and City Clerk staff. Under the proposed changes, an
Assistant City Attorney would still attend meetings and prepare Decision and
Orders (D&Os), while the City Clerk would remain responsible for retaining the
D&Os.
Application requirements are proposed to be adjusted to add some discretion related to
scope of a project and the needed submittals. Other changes are designed to update
requirements.
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1 . Currently, all application requirements are mandatory regardless of the scope of a
project, which at times can be overkill in terms of process for a small project. The
proposed changes allow the Planning Director to modify submittal
requirements for only relevant information. The ability to modify the submittal
requirements will alter any of the actual zoning standards that would apply to a
project.
2. Staff also proposes to add an application section for initiating Annexations.
Currently, annexations are processed per State requirements and City Council
directed procedures, but not included in the Municipal Code. Establishing the
process by ordinance helps establish uniformity for review of annexation petitions.
The proposed process includes review by the Planning and Zoning
Commission of annexations only when there is an 80/20 proposal. If an
annexation is 100% consenting, the P&Z would not review the annexation
petition, and the matter will go directly to the City Council for consideration.
State law does not require the Commission to review any annexations.
3. Currently, minor changes to approved Major Site Development Plans and Special
Use Permits are allowed to be approved by staff in limited circumstances. At the
time the PUD Overlay was adopted in 2021 , a new set of minor change standards
were adopted for PUDs. Staff is recommending to use the PUD language for
all types of Major Site Development Plans, PRDs, and Special Uses so there
is one common set of criteria.
4. Site Plan criteria and application requirements have been updated to reflect current
practices and relationships to the Comprehensive Plan.
5. Application requirements are modified to allow for on-line submittals as part of our
permitting software, rather than requirements to submit plans of certain sheet
sizes.
f r o clarify the sign posting notification process and the rant of access
Staff also proposes t y g p g p g
to a property requesting. The proposed ordinance clarifies the lack of a sign posting
does not invalidate the notice requirements if the other requirements are met.
Changes also address that the posting requirement only apply to an applicant-
initiated map amendment, not a City Council initiated change, which usually
involves a broad area involving numerous lots. The posting requirement will also
apply to a "site" or contiguous properties, not for each property. Article 15 of the
Zoning Ordinance includes these amendments.
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Planning and Zoning Commission
The Planning and Zoning Commission reviewed the scope of the amendments at its May
18'h meeting. The Commission voted 5-1 to support the full scope of changes presented
by staff. The dissenting vote was based on a desire to not change the proposed
sign posting requirement which would consider adequate notice to have occurred
without the posting of a sign. As a result of the City Attorneys review, the proposed
language was refined from the draft that went to the P&Z. For example. the ZBA voting
and publication requirements were modified.
ALTERNATIVES:
1 . City Council can approve on first reading the attached draft ordinance amending
the Ames Municipal Code Chapter 20 and Chapter 29.
2. The City Council can direct staff to modify the proposed text changes and return
with an updated draft ordinance.
3. The City Council can defer action on this item and request more information from
staff.
CITY MANAGER RECOMMENDATION:
Staff believes the amendments listed above are beneficial to clarify a number of planning
processes. The most significant changes proposed by staff relate to updating application
procedures along with adjustment to the interpretation of the Zoning Ordinance by the
Planning and Housing Director. rather than the designated Zoning Enforcement Officer.
Changes to the voting requirements of the ZBA will be consistent with typical rules for
approving a project and state law for having three affirmative votes.
The changes in application process, staffing, and roles are not anticipated to have any
significant impact on the public or customers of the City.
Therefore, the City Manager recommends the City Council act in accordance with
Alternative #1.
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,
IOWA, BY AMENDING SECTIONS 20.8, 20.9, 2.10, 20.11, 2.102, 29.104, 29.406, 29.1200,
29.1201, 29.1202, 29.1203, 29.1401, 29.1402, 29.1403, 29.1404, 29.1405, 29.1500, 29.1501,
29.1502,29.1503,29.1504,29.1505,29.1506,29.1507,ENACTING A NEW SECTION 29.1509
AND REMOVING SECTION 20.14 THEREOF,FOR THE PURPOSE OF UPDATING THE
PLANNING AND ZONING COMISSION CHAPTER AND THE ZONING CODE;
REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT; 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 as
follows:
"Sec.20.8. POWERS OF COMMISSION.
The commission shall have power and authority to make or cause to be made surveys,studies,maps,plans
or charts of the whole or any portion of the municipality or of any land outside thereof which in the judgment of the
commission bears relation to a comprehensive plan,and shall bring to the attention of the council and may publish
its studies and recommendations. Staff support shall be provided by the department of Planning and Housing
Community Development from the budget of that department in accordance with the budget approved by City
Council.
See.20.9. AUTHORITY OVER SUBDIVISIONS.
The Commission shall review Preliminary Plats as specified by Ames Municipal Code Chapter 23
iR lets eF PIMS m.vish she streets,alleys,or-ether:peoiens of the same intended to be dedioated to the publiG,Shall fiNt 130
Sec.20.10. PREPARATION,USE OF COMPREHENSIVE PLAN.
For the purpose of making a comprehensive plan for the physical development of the city,the commission shall
make careful and comprehensive studies of present conditions and future development of the city and with due regard
to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing
a coordinated,adjusted and harmonious development of the city and its environs which will, in accordance with the
present and future needs,best promote health,safety, order,convenience,prosperity and general welfare,as well as
efficiency and economy in the process of development.
the wily 600"eil-
Sec.20.11. ADOPTION OF COMPREHENSIVE PLAN.
• (2) After adoption of the plan by the commission,an attested copy thereof shall be certified to the city council
and the council may approve the same. When the plan or any modification or amendment thereof shall receive the
approval of the council,the plan,until subsequently modified or amended as hereinbefore authorized,shall constitute
the official city Comprehensive Plan.
e€
eily Stfeets.
Sec.29.102. PURPOSE,INTERPRETATION AND APPLICATION.
(1) Purpose. The Ordinance regulates and restricts the height,number of stories,and size of
buildings and other structures,the percentage of lot that may be occupied,the size of yards,courts,and other open
spaces,the density of population,and the location and use of buildings,structures,and land for trade,industry,
residence,or other purposes in order to promote the health,safety and the general welfare of the City in the
following ways:
(a) To direct the development of the City in accordance with the Ind-Use-Pelisy
Comprehensive PI ,
Sec.29.104. RELATIONSHIP TO OTHER LAWS.
In addition to the requirements of the Ordinance,all uses of land,buildings and structures must comply with all
other applicable City,county,state and federal statutes or regulations. All references in the Ordinance to other City,
county,state or federal statutes or regulations are for informational purposes only and do not constitute a complete
list of such statutes or regulations. The Ordinance is expressly designed to supplement and be compatible with,
without limitation,the following City plans,regulations or ordinances,including but not limited to:
(1) fiend Use Reliey Comprehensive Plan(known as Ames Plan 2040,or as amended).
(2) Subdivision Regulations.
(3) Historic Preservation Ordinance.
(4) Flood Plain Ordinance.
(5) Building,Sign and House Moving Code.
(6) Rental Housing Code.
(7) Transportation Plan.
(8) Park Master Plan.
(9) Bicycle Route or Pedestrian Master Plan.
Sec.29.406.OFF-STREET PARKING.
(7) Locating Parking Spaces in Front Yard
... (e) Under no circumstances shall vehicular parking be permitted in the front yard of any
Household Living or Short Term Lodging uses in any"RL","RM","RH","UCRM","FS-RL",or"FS-RM"
zones,except upon a driveway that leads to the side or rear yard or to an attached garage;and,one parking
space is permitted in the front yard in the case where there is an existing,one car attached garage and there
is insufficient room between the side of the attached garage and the side property line.Such space shall
meet the following requirements:
i)The parking space shall not exceed nine(9)feet in width;
ii)The parking space shall be contiguous to and parallel to the existing driveway;and,
iii)The parking space shall be located between the existing driveway and the side
property line.
There shall be no installation at grade of any expanse of asphalt,concrete,gravel,brick,or other form of
paving by any material whatsoever without the written authorization of by the
Planning Director for the dimension and configuration of paving. Such authorization shall be granted only
if under the facts and circumstances of the particular situation it is unlikely that the paving will facilitate the
use of the front yard,or any part thereof,for the parking of vehicles,except on a driveway as stated.
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Sec.29.1200.FLOATING ZONES
(1) Purpose.The "floating"zone concept provides flexibility in determining the style and layout of
residential development in Rewly annexed related to the expansion areas of the city that the Land Use Peliey Plan
designates as Village/Subur-ban Residential or!hat the Ames UFban FFiflge Plan designates as UFban Residential as
described by the Comprehensive Plan.The Floating Zoning Districts established by this ordinance are:
(2) Pre-application Conference.
(d) Existing conditions within the proposed zoning boundary and within 200 feet of the
proposed zoning boundary: Project boundary;all internal property boundaries;public rights-of-way on and adjacent
to the site, utilities;easements;existing structures;topography(contours at two-foot intervals);areas of different
vegetation types;designated wetlands; flood plain and floodway boundaries;areas designated identified by the
Ames Land Use Peiiey Comprehensive Plan as Greenways and Environmentally Sensitive Areas.
Sec. 29.1201. "F-VR"VILLAGE RESIDENTIAL DISTRICT.
(4) Establishment.
(a) The designation is consistent with the Ua+tid Use Reliey Comprehensive Plan.
(12) Minor Changes. Minor changes to the approved Site Development Plan Major may occur after
staff of the Department of Planning and Housing has determined that the proposed changes are minor in
nature,and revised plans have been provided to the Department for the purposes of keeping the Site
Development Plan Major current,Miner eha ge are defined as changes*hest:_Minor changes are defined in
Section 29.1502.
(b) DO ROt iRffease the density OF 0 nteRsity of use,and thO RUffibeF of buildings OF a change in
dwelling fy�es
Sec.29.1202. "F-S"SUBURBAN RESIDENTIAL ZONE.
(2) Suburban Residential Development Principles.
(b) An economic and efficient subdivision design with respect to the provision of streets,
utilities,and community facilities
(f) A development pattern that is compatible with surrounding neighborhoods and is
consistent with the . Princiales.Land Use Catepories.and
policies of the Comprehensive Plan.
(3) Establishment. The F-S is hereby established and applies to all lands that are rezoned to F-S on
the Zoning Map. A Zoning Map Amendment as described in Section 29.1507(2)may be approved provided
the City Council makes the following findings:
(a) The designation is consistent with the Land Use Pel+sy Comprehensive Plan;
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(7) Site Development
Sec.29.1203. "F-PRD" PLANNED RESIDENCE DISTRICT
(2) Planned Residence District Development Principles.
... (b) Result in a more efficient,aesthetic,desirable and economic use of land and other
resources while maintaining the density of use and character,as provided for in the Land Use Peliey
Comprehensive Plan and the underlying base zone regulations;
(3) Establishment.
(a) The designation is consistent with the Land-Use-Peliey Comprehensive Plan.
(9) Minor Changes. Minor changes to the approved Site Development Plan Major may occur after
staff of the Department of Planning and Housing has determined that the proposed changes are minor in nature,and
revised plans have been provided to the Department for purposes of keeping the Site Development Plan Major
current. Minor changes are defined as ehangesihai:in Section 29.1502.
(a) Do not eenstitute a shange in the land use efthe PFOjOeti 9F the ever-all layout and design;
(b) De not inr.Fease the density OF intensity of use,and the numbeF ef buildings or-a rahange
dwelling unk es;
(d) Change the height OF PlWeMeRl ef buildings,OF OtheF MaJeF Site&-a-tiff-P.S.
Sec.29.1401. CITY COUNCIL.
The City Council is the elected body that is ultimately responsible for all decisions and actions that establish
the overall land use policy and vision for the City. This occurs through the City Council adoption of the Lend Use
Pokey Comprehensive Plan for the City. The Council is also responsible for other policy direction established through
the City's long range Transportation Plan,Parks and Recreation Plan,Bicycle Route Master Plan and other functional
plans like water distribution and wastewater collection plans. These plans and policies are implemented by Council
through a variety of strategies, including zoning and subdivision regulations,the City's operating budget,the Capital
Improvements Program,and annexation policies.
Sec.29.1402. PLANNING AND ZONING COMMISSION.
The Planning and Zoning Commission is appointed by the Mayor with the approval of the City Council to serve as
an independent advisory body to the Council. The Commission is responsible for the preparation and adoption of
the official Land-Use-Pelisy Comprehensive Plan of the City and gives advice and recommendations on matters
involving amendments to the Comprehensive Plan. the City's Zoning Ordinance and historic preservation ordinance
and-guideli .The Commission reviews and gives advice on preliminary plats subdivisions occurring within the City
and within the extraterritorial jurisdiction of the City.
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Sec.29.1403. ZONING BOARD OF ADJUSTMENT.
(4) Board Action. The concurring vote of three members of the Board shall be necessary to reverse any order,
requirement,decision,or determination of any administrative official,or to decide in favor of the applicant on
any matter upon which it is required to pass under any such ordinance or to effect any variation in such
ordinance.
At the request of the person seeking action from the Board and prior to the beginning of the hearing on the
person's matter,the hearing on the matter may be delayed until such time that the full Board is present to hear
the person's request. The hearing may be delayed up to 45 days in an attempt to accommodate the request.
However, if a meeting where full the Board is present cannot be held within 45 days of the original hearing
date,the hearing on the matter shall proceed at the next Board meeting following the 45 day delay.
(5) Officers and Duties.
(b) Board Secretary. The Planning and Housing Department is
responsible for appointing staff to serve as secretary of the Board. In the absence of the secretary,
the chair may appoint one of the members of the Board to act as secretary pro tem for the meeting.
The secretary shall keep minutes of the Board's proceedings, showing the vote for each member
upon each question.If a member is absent or does not vote on any matter,the minutes shall indicate
this fact. The Board shall keep records of all official actions, which shall be on file in the office of
the City Clerk as a public record.
(9) Applications to the Board. Applications to the Board for a Special Use Permit, Special Home Occupation
Permit,-eF Variance, Exception, or Reasonable Accommodation may be made by any person. Such
application shall be made by filing with the secretary of the Board a written notice specifying the grounds
therefore. The secretary shall publish notice of the application in a paper of general circulation in the City.
Sec.29.1404. DEPARTMENT OF PLANNING AND HOUSING.
The Department of Planning and Housing provides technical support to the City Council,the Planning and
Zoning Commission, Historic Preservation Commission, and the Zoning Board of Adjustment. The Department is
responsible for the administration of the zoning and subdivision regulations of the City,including the technical review
of site plans, plats of subdivision and other land development requests submitted to the City. Department staff is
responsible for the intake, distribution,review,coordination and communication to applicants seeking a decision on
a development Fequest application in the City. Department staff is authorized by the Zoning Ordinance in specific
instances to review and approve specified permits .
The Planning and Housing Director,or their designee,is responsible for the interpretation and administration
of the Zoning Ordinance.
Sec.29.1405. ZONING ENFORCEMENT OFFICER.
(1) This Ordinance shall be enforced by a Zoning Enforcement Officer who shall be appointed by the City
Manager. , but feFe puFpese
Housing. The Zoning
Enforcement Officer shall carry out duties according to law and under such rules and regulations as the
city council may from time to time adopt. The Zoning Enforcement Officer may issue buildinezoning
permits as authorized by this Code. If a question arises about the interpretation of a zoning standard or
interpretation of a provision of this Code,the Planning Director shall provide written guidance regarding the
issue to the Zoning Enforcement Officer prior to issuing a permit.
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Sec.29.1500. GENERAL.
(2) Notices and Hearings. The requirements and limitations of this Section shall apply to a4 hearings
and public notice,as applicable,required under this Article.
(a) Notices and Hearings.
(v) When required mailing,and/or publication notices have been provided,the absence
of a sign hosting shall not invalidate the satisfaction of the notice requirements of this Code.
-(*) vi In the event that. . .
(d) Notices.
(iii) Posted Notice. Notice required pursuant to this Section shall be posted by the
City on signs posted on the subject property. One sign shall be posted for each property; contiguous properties may
be considered one property for purposes of this subsection. The required sign shall be posted along the perimeter of
the subject property in a location that is highly visible from adjacent public streets in a reasonable time prior to the
meeting or hearing,unless conditions prevent such posting,or unless otherwise prescribed by statute.
(3) Consent for Site Visit and Public Ilearine Notice Posting. By applying for a Plan approval or
Permit of this Article, there is consent by the property owner for City staff to visit and walk the site as part of the
review of the project,and the property owner consents to the posting of a public hearing notice on the property.
Sec.29.1501. BUILDING/ZONING PERMIT.
(2) Submittal Requirements.
(d) Deletion or Modification of Submission Submittal Requirements.
Sec. 29.1502. SITE DEVELOPMENT PLAN REVIEW.
(2) General Requirements for Site Plan Review.
(b) Exceptions. No Site Development Plan shall be required for the development or
redevelopment of a single-family dwelling or a two-family dwelling in any Zone, or for a project that meets the
following conditions:
(i) The development or redevelopment does not require the PFe+tisiee construction of
any additional parking spaces;
(c) Number of Copies.
(iii)The Planning Director may allow for electronic submittals in lieu of paper copies.
(d) 9 issiRR Submittal Requirements.
(i) Site Plan. It is the intent of the City to ensure that site plans be prepared with a
high degree of accuracy and insure proper coordination of the site plan development and review responsibilities,
which serve to facilitate compliance with the requirements of the city. To accomplish this intent,the applicant shall
provide copies of a site plan,drawn to scale on a sheet not to exceed 24" X 36",prepared by a Civil Engineer,a
Land Surveyor,a Landscape Architect,or an Architect. The site plan must be certified as"substantially correct"by
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a Professional Engineer,Land Surveyor,Landscape Architect,or Architect, licensed by the State of Iowa,showing
the€ellewing information listed below as of the date of application:, The Planning and Housing Director has the
discretion to waive submittal requirements of a Site Development Plan,depending_upon the scope of the development
proposal the location and the type of application,such as an amendment to an existing improved site that has no
utility work.
e. Specific types of uses, size and location of all existing and proposed
buildings,additions, structures,and uses of land,at least one sheet with an overall proposed site plan is required;
m. When an application pertains to any new permanent detached building
or structure(principal or accessory),include existing and proposed contours at 2 foot intervals based on City Datum
accepted Datum standard of NAD 83 or NADV 88,
n. When an application is located in a flood-prone area include existing and
proposed site grades, contours or elevations, base flood elevation data, top-of-foundation elevations, finished floor
elevations,and any proposed watercourse relocation,as required to conform to Chapter 9;
q. A landscape plan, showing location of plants, calculations for required
landscaping,and a plant list to include:plant species,number of each plant,and plant size;and
r. Soils tests,traffic impact studies,utility capacity analysis,and other
similar information if deemed necessary by the Department of Planning and Housing to determine the feasibility of
the proposed development and compliance with the Design Standards.
S. For Village Residential ffejeeis, Suburban Residential ffejeets, 9F
Planned Residenee DiStFi6t PFE�eeis that aFe te dek,elep in phases,the appiWaRl Shall PFO'Vide a phasing plan indoeating
(Ord. No. 3571, 6-27-00)
(ii) Building Plan
d. All exterior wall elevations, indicating floor heights, overall building
height,materials and fenestration
f. roof plan, including screening details
(3) Procedures for Approval of a Minor Site Development Plan.
. (e) Upon receipt of a complete application, the Planning Director shall forward copies to the
Development Review Committee for a determination of compliance with applicable provisions
of this chapter.The Development Review Committee has up to 30 days to provide a determination
on compliance.
(f) Design Standards. When acting upon an application for minor site plan approval,the Planning
Director shall rely upon generally accepted site planning criteria and design standards for
functional, convenient, and compatible improvements. These criteria and standards are
necessary to fulfill the intent and purposes of the Zoning Ordinance, the Land Use-Peliey
Comprehensive Plan, and are the minimum necessary to safeguard the public health, safety,
aesthetics, and general welfare. These criteria and standards include:
(xi) Site coverage, orientation, 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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(h) The Planning Director may impose such reasonable conditions on an approval as are
necessary to ensure compliance with applicable regulations. An application shall be considered automatically
withdrawn if the Department receives no response from the proiect contact within thirty (30) days for requested
information or required resubmittal.
Final action by the Planning Director shall be taken within 30 days of the filing of a complete
application or within such further time consented to by written notice from the applicant. If the applicant has been
notified of necessary corrections for code compliance and a resubmittal of an updated application is necessary,the 30-
day final decision period shall not apply. However,after the Planning Director's notification of necessary corrections,
an applicant may request in writing a final decision be issued within 30 days of the request.
(i) Applicant's Appeal of Conditions. An applicant may appeal any conditional approval or
denial to City Council upon written notice to the Planning Director.
(4) Major Site Development Plan Review
(b) Submission Submittal Requirements.
(c) Procedures for Approval of a Major Site Development Plan.
(v) Development Review Committee. Upon receipt of a complete application the
Planning Director shall forward copies to the Development Review Committee for a determination of compliance
with applicable provisions of this Chapter. UPOR its Fev+elk- The Development Review Committee,upon its review
and upon receipt of necessary revisions to the plan must forward the application and its recommendations to
the Planning and Zoning Commission.
(vi) Planning and Zoning Commission. Commission review shall not be concluded
until consideration is given to comments at a public hearing,which may be scheduled as part of the regularly scheduled
meeting.Notification ofthe public hearing shall be made by mail,publication,and posting in accordance with Sections
29.1500(2)(d)(i) ii and(iii)above.Within 30 days of the hearing the Planning and Zoning Commission shall submit
the written recommendation to the City Council setting forth the reasons for its recommendation of acceptance,denial
or modification of the application.
(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, publication, and
posting, in accordance with Sections 29.1500(2)(d)(i) ii 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 for functional,
convenient,and compatible improvements.These criteria and standards are necessary to fulfill the intent and purposes
of the Zoning Ordinance,the Land Use Rolie-y Comprehensive Plan,and are the minimum necessary to safeguard the
public health, safety, aesthetics, and general welfare. These criteria and standards include:
(xi) Site coverage, orientation, 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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(6) Minor Changes.Minor changes to the approved Major Site Development Plan may occur after
staff of the Department of Planning and Housing has determined that the proposed changes are
minor in nature,and revised plans have been provided to the Department for purposes of keeping
the Major Site Development Plan current. However,the Planning Director may refer any change
to the City Council for approval. MiROF Changes aFe defined as changes A minor change is
defined as a change that satisfies all of the following criteria:
(a) Does not constitute a change in the land use of the project;
(b) Does not change the overall general layout and design of buildings,open spaces, landscaping,
parking,and circulation;
(c) Does not change the number of buildings or the number of dwelling types by more than 10%;
(d) Does not increase the density of units in theproiect or the intensity of use as related to
parking requirements, i.e.,floor area of use and bedroom counts,by more than three parking
spaces,
(e) Does not allow an increase in the height of a building or grading of the site by more than two
feet in total.Any eight increase must not allow additional stories;
fL) Does not exceed the allowed deviation or exception to zoning standards; and does not remove
or reduce the quality of architectural character,design features,or use of high-quality building
and roofing materials at the time of initial construction.
design;
(b) P—A- net !he dens ity OF intensity of use,and the number-of buildings or a ehange in
dwelling unit es;
Change the height, .,i.,,..,.,ent e fbuilding FnajOF site r tu�
See.29.1503. SPECIAL USE PERMIT.
(2) Submission Submittal Requirements. In accordance with Section 29.1503, Applicants must
submit an Application for a Special Use Permit to the Planning and Housing Department for
consideration by the Zoning Board of Adjustment,
aeeer-daRee with Seeii n 29.1503 The Application for a Special Use Permit shall be accompanied
by:
(b) A Site Plan meeting all the submittal requirements stated in Section 29.1502(2), unless no site
improvements are required;and
(3) If a proposed Special Use is within an existing building and improved site,plans for use of the site
and building must be submitted in lieu of the Site Plan requirements.
(3)(4) Procedure for Special Use Permits.
a. Zoning Board of Adjustment. The Zoning Board of Adjustment 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, posting, and publication, in accordance with Sections
29.1500(2)(d)(i), (ii) and (iii) above. The Zoning Board of Adjustment must approve, deny, or
modify the Special Use Permit application within 60 days of the public hearing.
(4)(5)Review Criteria.
(a) General Standards.
• i. Be harmonious with and in accordance with the general principles and proposals of the
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Use,e P=liR Comprehensive Plan of the City:
Sec.29.1504. VARIANCE.
(2) Submittal Requirements. In accordance with Sec. 29.1500(1)(a), Applicants must submit a
Variance Application to the Planning and Zoning Department for consideration by the Zoning Board of Adjustment.
The Application for a Variance shall
include the following:
.. b. How the granting of the requested variance relates to the intent and purposes of this Ordinance
and the Land Use Peliey Comprehensive Plan.
.•. (3) Procedure.
•.• (b)Public Hearing Required.Prior to disposition of an application for a variance,the Zoning
Board of Adjustment shall hold a public hearing. Notice of the public hearing shall be by mail, posting, and
publication,in accordance with Sections 29.1 500(2)(d)(i),(ii)and(iii)above.
above.
Sec.29.1505. REQUESTS FOR REASONABLE ACCOMMODATION.
(4)Notice for Request for Accommodation.Written notice that a Request for Reasonable Accommodation
shall be given as follows:
(c) Notice that such a request has been made shall be made by publication and posting, in accordance
with Sections 29.1500(2)(d) ii and(iii)above.
See.29.1506. EXCEPTIONS.
.•. (2) Submittal Requirements. In accordance with Sec. 29.15000)(a), Applicants must submit an
application for an Exception to the Planning and Zoning Department for consideration by the Zoning Board
of Adjustment. , The Application
for an Exception shall include the following:
..• (3) Procedure.Review of an application for an exception shall be considered by the Zoning Board of
Adjustment at a public hearing conducted as a part of a regularly scheduled meeting.Notification of the
public hearing shall be made by mail,and-publication,and posting in accordance with Sec.29.1500(2xdxi),
aWii) and(iii)above. The Zoning Board of Adjustment may approve,deny or modify the request.
Sec.29.1507. ZONING TEXT AND MAP AMENDMENTS
(3) Master Plan Determination.
(b) The City Council may require a Master Plan to be submitted with a rezoning application if
it determines that any one of the following conditions is met:
(ii) The area to be rezoned contains designated wetlands; flood plain and floodway
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boundaries;areas designated by the Ames' aid Use Pelie-y Comprehensive Plan as Greenways and Environmentally
Sensitive Areas;conservation easements or other documented sensitive environmental conditions or valuable natural
resources.
(4) Master Plan. When a Master Plan is required, it shall be submitted in compliance with the following:
(a) Submittal requirements.
(xi) For proposed cemrAereial nonresidential development: placement, size in square
feet and approximate dimensions for all buildings, locations and approximate dimensions of all parking areas; areas
of landscape, screening, buffer, plaza and open space; circulation pattern for all modes of transportation on the site.
City Council may choose to accept and approve a Master Plan that does not contain all of the listed requirements.
(b) Number of Copies. Submit seven(7)copies of the Master Plan on a sheet not to exceed 30"x 40",
and one(1)reduced copy of the Master Plan no larger than I I"x 17". The Planning Director may
allow for electronic submittals in lieu of paper copies.
See.29.1509. ANNEXATION INITIATION.
(1) Petition Requirements.A property owner may submit a petition for annexation with applicable
fees to the Planning and Housing Department on forms prescribed by the Department. The
petition shall include:
(a) Property Owner Identification
(b) Authorized Signature(s)
(c) Identification of Parcel IDs and Legal Description
(d) Annexation Plat depicting real propeM and rights-of-way
(e) Description of desired use of the property upon annexation
(2) City Council Decision.Upon receipt of complete petition and review by City staff within 30 days
of its submittal, it shall be forwarded to the City Council for acceptance and a determination of
whether to proceed with the annexation as proposed within the petition. If the City Council
requires addition information,studies,or inclusion of additional territory with the petition,the
applicant must provide the additional materials prior to commencing with required noticing
requirements.
(3) Notice Procedure. In addition to notification requirements of the Iowa Code, if a petition for
annexation includes additional non-consenting territory as permitted by the"80/20"rule,the
annexation must be reviewed by the Planning and Zoning Commission.The Planning and Zoning
Commission must provide City Council a recommendation regarding consistency of the proposed
annexation with the Comprehensive Plan. The Commission must make its recommendation
within 30 days of holding the initial Planning and Zoning Commission meeting for the annexation
petition.City Council shall not hold a hearing for approval of the proposed annexation prior to
receiving the recommendation from the Planning and Zoning Commission.
A voluntary annexation petition where 100%of the property owners consent to the annexation
does not require a recommendation of the Planning and 'Zoning Commission."
Section Two. All ordinances,or parts of ordinances, in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
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Passed this day of
Diane R. Voss,City Clerk John A.Haila,Mayor
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