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Home My WebLink AboutA001 - Commission Action Form dated May 15, 2024 k ITEM#: 8 DATE: 05-15-24 i COMMISSION ACTION FORM SUBJECT: TEXT AMENDMENT TO CREATE A NEW EXCEPTION AND RELATED k STANDARDS FOR OUTDOOR STORAGE IN THE GENERAL I INDUSTRIAL (GI) ZONING DISTRICT i BACKGROUND: Ames Golden K Kiwanis Club utilizes a semi-trailer at 803 E. Lincoln Way for collecting I paper for recycling. When the trailer is full, it is driven away to an off-site recycling center and is replaced by an empty trailer. The recycling operation generates funds that Kiwanis donates to local charities. However, the current operation does not comply with the following sections of General Industrial "GI" Zoning District: The semi-trailer used by Kiwanis for paper collection and storage is parked across a side property line (with 919 E. Lincoln Way), where the GI district requires a 12- foot setback from a side property line. The semi-trailer is parked on gravel. City code requires vehicle maneuvering areas, parking lots and driveways to be paved. This gravel was placed on the lot without the benefit of staff review between 2017 and 2019, according to aerials. Kiwanis would like to keep operating at the present location and have requested City Council amend the zoning ordinance to enable this, Council reviewed a memo from staff on March 26, 2024, that reviewed the standards and the ability of Kiwanis to relocated their operations. Council directed that the item be placed on an agenda for discussion. On April 9, 2024, Council received a staff report from the Planning & Housing Department outlining several options. After discussion, Council directed staff to create an exception process related to outdoor storage that would then potentially allow the Kiwanis use to continue at the present location. Proposed Ordinance: The Exceptions section of the Zoning Ordinance allows for narrowly tailored deviations from the zoning requirements. For example, the code allows for certain setbacks encroachments and height exceptions. Exceptions are considered minor adjustments to zoning standards. An Exception is different from a Variance. Variances are requests for relief from a zoning requirement and must be based on a hardship, which the applicant must prove. The criteria for a variance are: (a) That granting the variance shall not be contrary to the public interest, 1 (b) That without grant of the variance, and due to special conditions, a literal enforcement of the ordinance will result in unnecessary hardship. Unnecessary hardship exists when: (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in the zone; (ii) the plight of the owners is due to unique circumstances and not to the general conditions of the neighborhood; (iii)the use to be authorized by the variance will not alter the essential character of the locality; (c) The spirit of the ordinance shall be observed even when the variance is granted; (d) Substantial justice shall be done as a result of granting the variance. Approval of a variance requires the ZBA to make all the above findings; therefore, variances are rarely granted. i Rather than apply general criteria, applications for an Exception apply the specific criteria accompanying the allowable exceptions. Staff reviews the Exceptions and prepares a report, which is presented to the Zoning Board of Adjustment. The ZBA then decides whether or not to grant the Exception. i Staff proposes to create an exception with the following criteria. i Sec. 29.901-General Industrial (GI) Zoning District r (5) Outdoor Storage. Outdoor Storage, The Zoning Board of Adjustment may grant exceptions to minimum i side and rear setbacks for outdoor storage if the following conditions are met: (a) The subject property line abuts another industrial zoning district, (b) Adequate buffering, screening, or setbacks are provided (if necessary), I (c) The exception is in conformity with the intent and purpose of the zoning ordinance and the general plan of the community, (d) The exception does not alter the applicant's obligation to comply with other Eapplicable laws or regulations, and (e) That a reduction of side or rear setbacks will not impair or infringe upon the use of neighboring property or be detrimental to the public health, safety, or general welfare. The proposed changes create a means of seeking approval of a permit for Kiwanis to maintain their current operations at the existing location on E. Lincoln Way. Modifications, however, would need to be made to the current operations, assuming an exception is granted by the ZBA. For example, the gravel would need to be removed from the Overflow property to the east and the trailer would need to be moved wholly onto 803 E. Lincoln Way. 2 ALTERNATIVES: 1. Recommend that City Council amend the General Industrial (Gl) Zoning District in Sec, 29.901 and the Exceptions standards in Sec. 29.1506 as shown in Attachment C. 2. Recommend that City Council amend the Zoning Ordinance differently from what staff recommended in Attachment C. 3. Recommend that City Council take no action to create an exception related to i outdoor storage. PLANNING AND HOUSING DEPARTMENT RECOMMENDATION: I l The proposed changes to the Exceptions requirements create an avenue for Kiwanis to apply to stay at their current location. Assuming that an exception is granted by the Zoning Board of Adjustment, the paper recycling trailer would still need to comply with the parameters set forth in code. For example, the gravel would need to be cleaned up from the Overflow property, and new gravel would likely need to be laid down on 803 E. Lincoln Way. The exception is narrowly tailored, though it could provide relief to other properties in the GI Zoning District as well. Staff does not foresee that allowing outdoor storage closer to property lines will cause a nuisance or have adverse effects because of the individual review and permitting process. The Planning and Housing Department recommends Alternative 1. 3 Attachment A Request to Council () Kiwanis• 2939 Monona Avenue.Ames,dowo W070,tolaphoM 515.290.4225 ea-rna: ronifoD@mahci.com %V6bsiW im'".d VAEM Q"- I Date: February 13,2024 To: Ames City Council NleMbers Re: Ames Golden K Kiwanis Club—Paper Recycling I As you may know;the Ames Golden K Kiwanis Club has a seml-trailer available for citizens to E use to recycle mixed Paper. The paper we collect Is recycled into insulation for homes and businesses., Our trailer has been In place since 2012.. We are now loading the 73rd semi-trailer j and have recycled nearly 2,000,000 pounds of paper,which has generated over$35,000 in revenues since the start of the program. These dollars are distributed each year by our club to several local organizations to support the children and community in Ames and the local area. This program has been a resounding success. Our paper recycling trailer Is located at the CENEX station at 803 East Lincoln Way here In j Ames. Roger and Nancy flanks and the Key Cooperative have graciously allowed us topiece the trailer on their propertyfor all these years. our members visit the site at least three times per week to manage how the trailer Is loaded and pick tip any paper that Inadvertently gets out of the trailer. This location Is well known and convenient to our citizens and does not detract from the appearance of other propertles an East Lincoln Way. Recently,we learned that the adjacent property to the east,Hicklin Power Sports,is going to be sold. As part of this process,the property owners have received notice from Benjamin Campbell with Planning and Housing that our trailer encroaches too closely to the property line and does not meet other City of Ames planning requirements.(see attached copy of the:letter). City—staff—have indicated we would need to relocatethe trailer and/or improve the current site to tneet current City of Ames planning requirements. Whlle we understand the need for the City of Ames planning requirements,upgrading the site is cost prohibitive to a non-profit organization such as.our club;we would likely be forced to abandon thls successful program. We are actively looking for other sites and would like to partner with the City of Ames as our j program Is a benefit for all citizens. We have met with staff from the Resource Recovery Plant, Electric Services and Parks and Recreation to see if we could partner with one of them to provide a slte. We are also talking with the potential new owners of the adjacent property ! about sharing a site with them as they actively use our trailer in their business operations. At this point,we do not have any firm possibilities for a new site that will work long term. Therefore,we respectfully request the City Council to allow the Ames Golden K Kiwanis Club to continue our paper recycling program atthe current location. This location is easily accessible "dedicated to Improving the world one child and one community at a time" 4 I i I� I k I and safe for our citizens to use. This site also works well logistically when we need to replace a 'f full trailer with an emptytratier, The two property owners,Roger and Nancy Banks and the Overflow Thrift Store have expressed their support of leaving the paper recycling trailer In its current location. I have attached their documents of support as well. I� We are willing to appear before the City Council to explain our program in more detail and answer any questions you may have. Thank you for your consideration. Respectfully, Jeffrey itt Vice president and program Chair Ames Colden K Klwanis Chab "dedicated to improving the world one child and one community at a tlme" 07. i t iT r t. +�•� _ Ii cam} t -i { _ ■! `' .a�s'134a r�fi' : .4 f w I __��• tt 7' ��, If �� -= -�:_ �jam,... ' .. _ — i Attachment C Proposed Zoning Code Requirements for Exceptions in "GI" General Industrial Zoning Sec. 29.901. "GI" GENERAL INDUSTRIAL ZONE. (1) Purpose. This Zone is intended to provide a limited development review procedure, involving only developer- and staff-coordinated efforts to satisfy the planning and permitting requirements. This District applies to those areas where there is a need to provide a desirable industrial environment and to promote economic viability of a type generally not appropriate for or compatible with retail sales areas. A site plan review process is required in order to assure such development and intensity of use in a way that assures safe, functional, efficient and environmentally sound operations. (2) Permitted Uses.The uses permitted in the GI Zone are set forth in Table 29.901(2)below: Table 29.901(2) General Industrial(GI) Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES N -- -- OFFICE USE, Y SDP Minor Staff TRADE USES Retail Sales and Services -General Y SDP Minor/SP Staff/ZBA Uses Greater than one 3,000 sf use per site require a Special Use Permit from the ZBA. Automotive and Marine Craft Y SDP Minor/SP Staff/ZBA Uses greater than one 10,000 sf use per site require a Special Use Permit from the ZBA. Entertainment, Restaurant and N -- Recreation—General Banquet halls,and Exhibition and Y when in SDP Minor Staff meeting areas combination with manufacturing and processing industrial uses on the same lot or parcel Wholesale Trade Y SDP Minor Staff INDUSTRIAL USES Manufacturing/Processing Y* SDP Minor Staff 7 *Except Major Industrial Groups 28 &29 Resource Production/Extraction Y SDP Minor Staff Warehousing/Freight Storage Y SDP Minor Staff Industrial Service(except Salvage Y SDP Minor Staff Yards Salvage Yards Y SP ZBA See Sections 29.1306 and 29.1503 Waste-Processing and Transfer Y SP ZBA INSTITUTIONAL USES Child Day Care Facilities and Y SDP Minor Staff Vocational/Technical High Schools Colleges and Universities Y SP ZBA TRANSPORTATION, Y* SDP Minor Staff COMMUNICATIONS,AND ESSENTIAL SERVICES *Except Passenger Terminals Personal Wireless Communication Y SP ZBA Facilities MISCELLANEOUS USES Adult Entertainment Facilities N - Commercial Outdoor Recreation N -- -- Detention Facilities Y SP ZBA Major Event Entertainment N - -- Vehicle Servicing Facilities Y SDP Minor Staff. Sports Practice Facilities (Indoor Y . SP ZBA Only) Y = Yes: permitted as indicated by required approval. N = No: prohibited SP — Special Use Permit required: See Section 29.1503 SDP Minor = Site Development Plan Minor: See Section 29.1502(3) SDP Major = Site Development Plan Major: See Section 29.1502(4) ZBA — Zoning Board of Adjustment (3) Zone Development Standards. The zone development standards applicable in the GI Zone are set forth in Table 29.901(3)below: Table 29.901(3) General Industrial (GI) Zone Development Standards DEVELOPMENT STANDARDS GI ZONE Minimum Lot Area No limit Minimum Frontage 25 fl. Minimum Building Setbacks Front Lot Line 8 1 1 10 ft.; 40 ft. if abutting an arterial street, except for a fuel pump canopy, which shall maintain a 10 ft. setback from an arterial Side and Rear Lot Lines street, measured from the front edge of the canopy 12 ft.; 40 ft. if abutting an arterial street except for a fuel pump canopy,which shall Lot line abutting a Residentially Zoned maintain a 10 ft. setback from an arterial Lot street, measured from the front edge of the canopy 20 ft. Landscaping in Setbacks Abutting a 10 ft, minimum with Industrial screen and Residential) -Zoned Lot wall. See Section 20.403 _Maximum Building Coverage 85% Minimum Landscaped Area 15% Maximum Height 100 ft. or 9 stories Parking Allowed Between Building and Yes Streets Drive-Through Facilities Permitted Yes. See Section 29,1303 Outdoor Display Permitted Yes. See Section 29.405 Outdoor Storage.Permitted Yes. See Section 20.405 Trucks and Equipment Permitted Yes (4) Site Development Plan Requirements. (a) In addition to Minor or Major Site .Development Plan submittals, a Use Analysis Report shall be prepared by the applicant that shows the following: (i) approximate number of employees; (ii)approximate utility needs and effect upon existing systems,e.g,,projected wafter demand (Gallons Per Minute or Gallons Per Day), waste water generation(Gallons per Day+Chemical Oxygen Demand or Biochemical Oxygen Demand) electricity demand (Kilowatts), storm water increase (Cubic Feet Per Second), solid waste generation (tons); and... (iii)possible nuisance factors and means for alleviating those factors, such as noise,odor,smoke, dust, or fumes, vibration, heat. (b) No Site Development Plan approval will be issued for any use in the GI District if the determination is made by the approving authority exercising independent judgment, that there is reason to believe that the proposed use or structure, as presented by the application, will create a nuisance in terms of diminished air quality, smoke, noise, toxic matter, odor, vibration, glare, sewage waste, water quality, street system capacity, heat or other condition detrimental to the public health and safety or reasonable use, enjoyment and value of other properties; or diminish the quality orquantity of any utility service presently provided by the City. Furthermore, no approval or permit shall be issued unless there is compliance with all other applicable City, state and federal regulations. (5) Outdoor_Storage. The Zoning: Board of A.diu.stment may grant exceptions to minimum side and rear setbacks for outdoor„storage if titre following conditions are met: ^ 9 (a) The subject property line abuts another industrial zoning district, (b) Adequate-,buffering,screen,i, ,g,, or,,setbacks,,,,,are provided (if necessar ti (c) The exception is in conformity with the intent and ptrose of the zoning ordinance and the :n,...of the-„community, (d) The exception does not alter the applicant's obligation to comply with other gpplicable laws or regulations,and j (e) That a reduction of side or rear setbacks will not impair or infringe upon the use of j net hg_bori,ngaro,perty or be dctrimentlto,,,,,,the public health, safetvz,or general welfare. I Sec.29.1506.EXCEPTIONS. (1) Purpose,This section is intended to provide for exceptions,pursuant to Sec. 414.12(2)of the Iowa Code, to the terms of the zoning ordinance upon which the Board is required to pass under the ordinance,to provide a set of procedures and establish standards to be met. (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: f' (a) The specific exception(s) being requested; (b) A statement of supporting evidence addressing each of the standards applicable to the exception being sought; and (c) Any pending site development plans to which the proposed exception is related, including a plat of the site and elevations of structures. (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, 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. (4) When Authorized. The Zoning Board of Adjustment is authorized to grant the following exceptions: (a) Parking stall exceptions pursuant to Sec. 29.406(9)(c). (b) CSC minimum height exceptions pursuant to 29.809(4). (Ord. No, 3872, 03-07-06) (c) DSC minimum height and floor area ratio exceptions pursuant to Sec. 29.808(4). (d) Exceptions for minor area modifications. The Board is authorized to grant exceptions from the requirements of the zoning ordinance to allow minor area modifications for single family attached and detached dwellings that are existing in developed areas, but not in cases of new construction.These are authorized for the following situations: (i) reduction of required residential side yard setbacks for principal structures by no more than two feet; (ii) reduction of required residential front and rear yard setbacks for principal structures by no more than-five feet; (iii) reduction of minimum lot area requirements by no more than 10%; 10 (iv) reduction of required residential front, rear and side yard setbacks without limit as required to provide handicapped access ramps to a dwelling; (v) reduction of front, rear, and side yard setbacks without limit to allow reconstruction of a historically accurate structure. (vi) extension of architectural features into a required building setback pursuant to Sec. 29.402(b) when the setback of the principal building is non-conforming. An approved minor area modification under this subsection shall; (A) provide for a minimum usable area, (B) preserve compatible open yard areas intended within the zone, and (C) ensure the aesthetic compatibility of the feature with the surroundings I (e) Commercial Parking lot side and rear landscape setback requirement of 29.403, (f) Commercial Parking Lot area percentage requirement of 29.403. I (g) CAI outdoor storage, as regulated in Sec. 29,.405 (minimurn setbacks) and Sec. 29.406 (,pf►,v,,,,ec parking lots and drivewa s). (5) Review Criteria. Before an exception can be granted, the Board of Adjustment shall establish that the following standards have been or shall be satisfied; (a) Parking Stall Dimension Exceptions, The Board may grant specific limited exceptions to the minimum parking space and drive aisle dimensions in accordance with the standards set forth at Sec. 29.406(9)(c). (b) CSC Minimum Height Exceptions, The Board may grant exceptions to the minimum I height requirements for buildings in the CSC districts in accordance with the standards set forth at 9.809(4). (c) DSC Minimum Stories and FAR exceptions. The Board may grant exceptions to the minimum number of stories and floor area ratio requirements for buildings in the DSC ' district in accordance with the standards set forth at 29.808(4) (d) Exceptions for Minor Area Modifications. The Board may grant specific limited exceptions for minor area modifications authorized under Sec.29.1506(4)(c)where the Board finds; j (i) Special circumstances or practical difficulties apply to the property such that the terms of the ordinance cannot be satisfied. (ii) The minor area modification will not be detrimental to the public health, safety,or general welfare. (iii) The minor area modification will not have a substantial negative impact upon neighboring properties. (iv) The minor area modification does not exceed the reduction limits established in the listing of minor area modification in Section 29.1506(4)(c)(i), (ii), or (iii) whether the limits are reached by a single exception or serial exceptions. (v) The minor area modification does not authorize a use or activity not otherwise expressly authorized by the regulations within the zoning district in which the property is located. (vi) The minor area modification is in conformity with the intent and purpose of the zoning ordinance and the general plan of the community. (vii) The minor area modification is the minimum necessary to achieve the desired result. (viii)The minor area modification does not alter the applicant's obligation to comply with other applicable laws or regulations. 11 (e) Recording of Minor Area Modifications. The applicant must record an approval of a minor area modification in the office of the country recorder in order to make effective the approval. {f) Commercial Parking lot side and rear landscape setback. All of the following criteria must be met for the Board to grant the exception and the overall site must comply with all development standards. (i) Adequate provisions for meeting required parking lot landscaped area and planting requirements have been made to account for the reduced parking lot setback. (ii) Providing the dimensional and location requirements of parking spaces necessary to serve the proposed use are not feasible while maintaining a setback for the parking lot, (iii) That the landscape standards in Section 29.403 allowing Planning Director alternative compliance and waiver authority are not appropriate to allow approval of a Site Development Plan. i (iv) That a reduction of side or rear parking lot setbacks will not impair or infringe upon the use of neighboring property or be detrimental to the public health, safety, or general welfare. (g) Commercial Parking lot and loading area landscape percentage. Within the CSC and DSC zoning district, parking lot driveways that principally serve covered parking and loading areas may have an exception approved to reduce landscaped area when there is inadequate space or site conditions to provide appropriate planters to meet landscaping requirements, (h) GI,,,,Ou,,,,;tdoor Storage>✓•xceptions....TheBoard may,,,,,grant,exceptions,,,,to,,..........................................n mum side and rear setbacks and to vehicles and trailers beingstored on gravel for properties in the GI district in accordance with the standards set forth at 29.901(5). 3 s 12