HomeMy WebLinkAboutA003 - Council Action Form dated June 11, 2024 ITEM#: 32
DATE: 06-11-24
DEPT: P&H
COUNCIL ACTION FORM
SUBJECT: TEXT AMENDMENT TO THE ZONING ORDINANCE FOR A NEW
EXCEPTION AND RELATED STANDARDS FOR OUTDOOR STORAGE IN
THE GENERAL INDUSTRIAL (GI) ZONING DISTRICT
BACKGROUND:
The City Council first reviewed a memo from staff on March 26, 2024, that addressed a request by the
Kiwanis to consider relief from zoning standards for their outdoor semi-trailer paper recycling
operation. 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 on a General
Industrially zoned lot at 803 E. Lincoln Way.
Ames Golden K Kiwanis Club utilizes a semi-trailer at 803 E. Lincoln Way for collecting 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.
It should be noted that the proposed change is in response to the situation described above, but it
would be applicable to all General Industrial properties. Ultimately, approval will be subject to a
case-by-case consideration by the Zoning Board of Adjustment.
PROPOSED ORDINANCE:
An additional Exceptions section for outdoor storage has been added to the Zoning Ordinance.
Exceptions are considered minor adjustments to zoning standards. This differs from a variance where a
strict set of hardship criteria apply.
Staff is proposing to create an outdoor storage exception with the following criteria.
Sec. 29.901 - General Industrial(GI) Zoning District
(5) Outdoor Storage.
a. Within the GI zoning district, outdoor storage is permitted so long as it complies with the
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minimum setbacks, as required in Sec. 29.405.
b. The Zoning Board of Adjustment may grant exceptions to minimum side and rear setbacks for GI
outdoor storage if the following conditions are met:
i. The subject property line abuts another industrial zoning district,
ii. Adequate buffering, screening, or setbacks are provided if deemed necessary due to the
surroundings,
iii. The exception is in conformity with the intent and purpose of the zoning ordinance and the
general plan of the community,
iv. The exception does not alter the applicant's obligation to comply with other applicable
laws or regulations, and
v. 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. Approval of the ordinance
does not guarantee that no modifications to the site won't be required as part of the permit
review by the Zoning Board of Adjustment.
PLANNING & ZONING COMMISSION:
On May 15, 2024, the Planning and Zoning Commission reviewed the proposed ordinance. A
representative of Kiwanis, John Slaughter, noted support in general for the change but also requested to
the P&Z that the paper-collection trailer be allowed to remain in its exact location where it crosses the
property line. The Commision did not request changes to the proposed language and voted 5-0-0 to
recommend that the City Council adopt the changes presented by staff and as attached to this report.
ALTERNATIVES:
1. Approve on first reading the text amendments to the General Industrial (GI) Zoning District in
Sec. 29.901 and the Exceptions standards in Sec. 29.1506 as shown in Attachment C.
2. Approve on first reading a text amendments to the General Industrial (GI) Zoning District in Sec.
29.901 and the Exceptions standards in Sec. 29.1506 different from what is shown in Attachment
C.
3. Decline to approve the draft ordinance.
CITY MANAGER'S RECOMMENDED ACTION:
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 standards set forth in the Zoning Code and as
permitted by the ZBA.
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 notice
process of the hearing with the ZBA allows for potentially impacted neighboring properties to have a
voice in the process. Therefore, it is the recommendation of the City Manager that City Council approve
Alternative 1.
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ATTACHMENT(S):
Attachment A.pdf
Attachment B.pdf
Attachment C.pdf
DRAFT Zoning Text Amendment to allow Outdoor Storage in GI zone.PDF
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Attachment A
Request to Council
Kiwanis 2933 Monroe Avenue Ames Iowa 50010 telephone 515-2904225
e-mail- ron1158@mchsi.com website www amesaoldenk,or❑
Date: February 13,2024
To: Ames City Council Members
Re: Ames Golden K Kiwanis Club—Paper Recycling
As you may know,the Ames Golden K Kiwanis Club has a semi-trailer available for citizens to
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 73`d semi-trailer
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
Ames. Roger and Nancy Banks and the Key Cooperative have graciously allowed us to place the
trailer on their property for all these years. Our members visit the site at least three times per
week to manage how the trailer is loaded and pick up 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 properties on 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 relocate the trailer and/or improve the current site
to meet current City of Ames planning requirements. While 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 this successful program.
We are actively looking for other sites and would like to partner with the City of Ames as our
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 site. 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 at the current location. This location is easily accessible
"dedicated to improving the world one child and one community at a time"
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and safe for our citizens to use. This site also works well logistically when we need to replace a
full trailer with an empty trailer. 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.
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 Golden K Kiwanis Club
"dedicated to improving the world one child and one community at a time"
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Attachment B
Map of 803 & 191 E. Lincoln Way
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Attachment C
Proposed Zoning Code Requirements for
Exceptions in "GI" General Industrial Zoning
See. 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 USES 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
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*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 ft.
Minimum Building Setbacks
Front Lot Line
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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
Residentially-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 water 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 or quantity 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.
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(a) Within the GI zoning district, outdoor storage is permitted so long as it complies
with the minimum setbacks, as required in Sec. 29.405.
(b) The Zoning Board of Adjustment mU grant exceptions to minimum side and rear
setbacks for GI outdoor storage if the following conditions are met:
(i) The subject property line abuts another industrial zoning district,
(ii) Adequate buffering, screening, or setbacks are provided if deemed
necessary due to the surroundings,
(iii) The exception is in conformity with the intent and purpose of the zoning
ordinance and the -e. n�eral plan of the community,
(iv) The exception does not alter the applicant's obligation to comply with
other applicable laws or regulations, and
(v) 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.
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:
(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;
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(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%;
(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
(e) Commercial Parking lot side and rear landscape setback requirement of 29.403.
(f) Commercial Parking Lot area percentage requirement of 29.403.
(g) For GI outdoor storage, minimum side and rear setbacks pursuant to Sec. 29.901(5)(b).
(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
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:
(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.
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(viii)The minor area modification does not alter the applicant's obligation to comply
with other applicable laws or regulations.
(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.
(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 Outdoor Storage Exceptions. The Board may grant exceptions to minimum side and
rear setbacks in accordance with the standards set forth in 29.901(5).
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, ENACTING NEW SECTIONS
29.901(5), 29.1506(4)(g) and 29.1506(5)(h) THEREOF, FOR THE
PURPOSE OF ALLOWING OUTDOOR STORAGE USE IN THE
GENERAL INDUSTRIAL ("GI") ZONING DISTRICT
REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING
AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended by enacting new Sections 29.901(5),29.1506(4)(g)and 29.1506(5)(h)as follows:
"Sec.29.901. "GI" GENERAL INDUSTRIAL ZONE.
(55) GI Outdoor Storage.
(a) Within the GI zoning district, outdoor storage is permitted so long as it complies with the
minimum setbacks,as required in Sec.29.405.
The Zoning Board of Adjustment may grant exceptions to minimum side and rear setbacks for
GI outdoor storage if the following conditions are met:
The subject property line abuts another industrial zoning district,
ii Adequate buffering, screening, or setbacks are provided if deemed necessary due to
the surroundings,
iii The exception is in conformity with the intent and purpose of the zoning ordinance
and the general plan of the community,
iv The exception does not alter the applicant's obligation to comply with other
applicable laws or regulations,and
(y) 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.
Sec.29.1506.EXCEPTIONS.
(4) When Authorized. The Zoning Board of Adjustment is authorized to grant the following
exceptions:
(g) For GI outdoor storage,minimum side and rear setbacks pursuant to Sec.29.901(5)(b).
(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:
(h) GI Outdoor Storageptions. The Board mU grant exceptions to minimum side and rear
setbacks in accordance with the standards set forth in 29.901(5).
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Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set out by law.
Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to
the extent of such conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this day of 2024.
Renee Hall,City Clerk John A.Haila,Mayor
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