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HomeMy WebLinkAbout~Master - Amendment to the City’s Planning Project Review and Notification Process and Approval Process related to Chapters 20 and 29 of the Ames Municipal Code ORDINANCE NO.4475 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 from the budget of that department in accordance with the budget approved by City Council. Sec.20.9. AUTHORITY OVER SUBDIVISIONS. The Commission shall review Preliminary Plats as specified by Ames Municipal Code Chapter 23. 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. Sec.20.11. ADOPTION OF COMPREHENSIVE PLAN. .•. (2) After adoption ofthe 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. 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 Comprehensive Plan; 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) 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-W' 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 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. Sec.29.1200. FLOATING ZONES (1) Purpose. The "floating" zone concept provides flexibility in determining the style and layout of residential development related to the expansion of the city 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 identified by the Comprehensive Plan as Greenways and Environmentally Sensitive Areas. 2 Sec. 29.1201. "F-VR"VILLAGE RESIDENTIAL DISTRICT. (4) Establishment. (a) The designation is consistent with the 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. Minor changes are defined in Section 29.1502. 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 Principles,Land Use Categories,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 Comprehensive Plan; 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 Comprehensive Plan and the underlying base zone regulations; • (3) Establishment. (a) The designation is consistent with the 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 in Section 29.1502. 3 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 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 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.The Commission reviews and gives advice on preliminary plats occurring within the City and within the extraterritorial jurisdiction of the City. 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,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 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. 4 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. 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 building/zoning 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. See. 29.1500. GENERAL. (2) Notices and Hearings. The requirements and limitations of this Section shall apply to aR 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 posting 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 Hearing 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 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 construction of any additional parking spaces; (c) Number of Copies. (iii)The Planning Director may allow for electronic submittals in lieu of paper copies. 5 • (d) 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 a Professional Engineer, Land Surveyor, Landscape Architect,or Architect, licensed by the State of Iowa, showing the 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; in. 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 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. (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 Comprehensive Plan, and are the minimum necessary to safeguard the public health, safety, aesthetics, and general welfare. These criteria and standards include: 6 (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. (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 project 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) 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. 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 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.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 Comprehensive Plan, and are the minimum necessary to safeguard the public health, safety, aesthetics, and general welfare. These criteria and standards include: 7 (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. (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. A minor change is defined as a change that satisfies all of the following criteria: (aa 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%; Does not increase the density of units in the project 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 height increase must not allow additional stories; (�I 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. Sec. 29.1503. SPECIAL USE PERMIT. (2) 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. 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. (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. (5) Review Criteria. (a) General Standards. i. Be harmonious with and in accordance with the general principles and proposals of the Comprehensive Plan of the City; 8 See. 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 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 29.1500(2)(d)(i),(ii)and(iii)above. See.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. Sec. 29.1506. EXCEPTIONS. (2) Submittal Requirements. In accordance with Sec. 29.1500(1)(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(2)(d)(i), (ii),and(iii) above. The Zoning Board of Adjustment may approve,deny or modify the request. See. 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 boundaries; areas designated by the Ames 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: 9 (a) Submittal requirements. ... (xi) For proposed 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 l"x 17". The Planning Director may allow for electronic submittals in lieu of paper copies. Sec.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 property 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. Passed this 91 day of August,2022. C, enee Ha 1,City Clerk John A. Haila,Mayor 10