HomeMy WebLinkAboutA001 - Commission Action Form dated May 1, 2024 i
i
ITEM #: 10
DATE: 05-01-24
COMMISSION ACTION FORM
SUBJECT: A HEARING FOR CONSIDERATION AND RECCOMENDATION ON
WHETHER TO ALLOW AN ADMINISTRATIVE ALTERNATIVE DESIGN
REVIEW PROCESS OF UP TO 20% OF CERTAIN IDENTIFIED ZONE
AND SITE DESIGN NUMERIC REQUIREMENTS
BACKGROUND:
City Council initially referred to staff a review of permitting processes and history of zoning
text amendments, A staff report describing review authority, permitting processes, and
zoning text amendments, and zoning standards was presented on November 14, 2023.
The requirements of zoning are primarily defined locally, but once established state law
governs how to amend standards or to grant variances and exceptions. Zoning by its
nature is typically not flexible in its application and requires ordinance changes to modify
requirements. Because of this, the City has amended the zoning ordinance 42 times in
response to developer-initiated issues since 2015.
In recent months the City Council has set a goal of providing more flexibility and options
for development. Part of the focus of the goal of flexibility is to allow for some variations
of standards to help development projects move forward when it does not conflict with
j other City standards or improves conditions for the site. Council directed staff to solicit
developer feedback on development issues and report back on options for changes to
zoning.
City staff reported back findings from developer outreach efforts on March 18th regarding
specific development standards and potential value of a 20% alternative design option.
At the March 18th City Council meeting the City Council directed staff to prepare an
ordinance for allowing an Administrative exception process that permits up to a
0
20/o allowance to deviate from the numeric standards of Base Zones, certain other
Special Purpose and Overlay zones and the Article 4 development standards. (See
Attached Summary Chart Below).
Development Standards
Under state law, a variance is a process of providing relief for a hardship to a specific
property and it is a responsibility of the Zoning Board of Adjustment to approve or deny
such an application based upon formal criteria. However, zoning for "use" can be
distinguished from development standards within in a zoning ordinance, and a separate
exception or alternative approval process can be utilized differentiated from a true
variance. Currently, the City has some minor exceptions (parking dimensions, setbacks
encroachments, etc.) that are reviewed by the Zoning Board of Adjustment. Staff has
minimal discretion to vary from any development standards.
The City's zoning ordinance identifies uses and development standards by both zoning
district and of general applicability for all sites. Generally, the City uses Base Zones for
the majority of the City and uses specialized overlays and special purpose districts for
unique areas to address more specific or unique issues. A large part of development
review process is guided by the tables in the base zone standards for setbacks, design
standards, lot coverage, storage area, etc.
The general development standards of Article 4 address issues that apply citywide,
generally independent of individual zoning district. These issues relate to fences,
screening, parking, landscaping, accessory buildings, and other individual requirements.
See Attachments B & C for a summary of the numeric design items in both the Base
Zones and Article 4 General Development Guidelines. The Base Zones and Article 5 of
the code often end up determining the majority of site layout as well as the restrictions
that guide how elements of the site are developed.
As part of background research, city staff reviewed other cities in Iowa to see what options
the offered for flexibility. Cities such as Des Moines Cedar Rapids and Iowa City have
Y Y � p Y
I�
allowances for deviations or waivers of a given amount to be issued Administratively by
jstaff. Des Moines has the greatest built-in exception flexibility due to their recently
'I adopted development code.
Options
I With Council direction to focus on administrative relief, rather than through a public
hearing process, staff focused on the basic issue of applying criteria or expectations to
granting the exceptions. The intent is to have language that supports development goals
and can generally be approved without a strict finding of a hardship as traditionally has
been the approach. This sets up discussion of general criteria and the breadth of the
applicability of a 20% alternative design process as primary issues for review of the
proposed ordinance language.
With all options, there is no variability of uses allowed. Staff proposes the
exception process apply to all base zones and certain Special Purpose and Overlay
districts are included on the eligible list of zones below. Overlays and Special
Purpose Districts not included as eligible are seen as having their own unique
standards with specific purposes that are not compatible with a 20% rule.
Zoning Designation Zone Type, District Type
All Article 6 Agricultural Zones Agricultural Base Zones
All Article 7 Residential Zones Residential (RL, UCRM, Base Zones
RM,RH
All Article 8 Commercial Commercial (HOC, CSC, Base Zones
Zones NC, DSC, CVCN, CGS
2
All Article 9 Industrial Zones Industrial (IG, PI, II, Ri Base Zones
South Lincoln Sub Area Mixed Use Special Purpose District
Mixed Use District
Southeast Entryway Gateway Commercial Overlay Zone
Overlay
Southwest Gateway Overlay Commercial Overlay Zone
FS Suburban Residential Residential (FS-RL, FS- Floating Suburban
Zone RM) Residential Base Zone and
General Standards
Article 4 Development Covers All
i Standards
i
Option 1
The proposed language below tries to balance expectations of flexibility with criteria for
the Planning Director to evaluate if the proposed alternative of up to 20% can accomplish
the following:
A. Whether the requested exception, in combination and totality of exceptions
j proposed, are consistent with all relevant purpose and intent statements of
this ordinance.
B. Whether there is an operational need or desirable benefit to the project.
C. Whether the requested alternative offsets the effect of the request by
providing something of equal or better consistency of intent of the
requirement or zoning district
D. Whether the requested exception will have a substantial or undue adverse
effect upon adjacent property, the character of the surrounding area or the
public health, safety and general welfare;
E. Other factors determined relevant by the planning director, planning and
zoning commission, or city council as applicable.
This language is intended to be broadly applied to many circumstances and standards.
The intent is that there is some basis of evaluating impracticable or undesirable outcomes
of strict adherence to zoning standards and that an exception to the standard as an
alternative design can still meet the intent. Generally, the preference would not be a
justification on its own, some operational issue or betterment of conditions would guide
the Planning Director's decision.
Option 2
Rather than apply general criteria as described above, an alternative approach would be
to narrow down the types of standards allowed for an alternative approach and remove
criteria for balancing need with design intent. This type of language would likely be more
permissive with less discretionary assessment of project merits and only situations that
cause clear conflicts or create unworkable conditions would be denied. No trade-off or
alternative benefit would be required or allowed.
3
Alternative design exceptions are permitted for up to 20% of the following standards,
when such design does conflict with health and safety standards or functionality of a site.
- Architectural Design requirements for building proportions
- Setbacks Minimum or Maximum
- Minimum Lot area
- Lot coverage
- Open Space/Landscape Area Requirements
- Building Height/Stories Minimum or Maximum
- Parking ratios only
I - Screening Requirements
- FAR (FloorArea Ratio) Minimum or Maximum
j - Landscape area requirements (not direct change to planting ratios)
Other Options
i
Within the context of either option above there are different approaches that could be
applied. Examples would be to limit applicability to previously developed sites and not
new vacant development sites, limit to specific uses or situation, establish a mandatory
substitution or trade off requirement could be applied to the project, or create more
objective criteria with minimal discretion and flexibility.
Implementation
Staff is proposing that whenever a request for a 20% Alternative Design is granted, any
remainder of a whole numeric number would be rounded to the nearest whole number to
the benefit of the applicant. For example, a 0,3 reduction of parking spaces would mean
1 space reduction.
The final approved language will primarily be administered through staff approvals. If a
project requires a hearing, the same 20% allowance will be available for approval by the
respective approval authority, i.e. ZBA or City Council.
As noted above, certain zoning districts and standards will not include the 20% option. As
a result of staff review of other sections, we do propose to move a drive thru landscape
standard to Article 4 from Article 13 to allow it to be part of the alternative exception
process.
Final language will likely be added to Article 3 for administration of development standards
and the review process with Article 15. Changes to ZBA exceptions that overlap may also
be removed.
4
Ultimately, nothing in these new standards will change the authority of the Zoning Board
of Adjustment with regard to Exceptions, Variances, Minor Area Modifications or Special
Use Permits.
ALTERNATIVES:
1. Recommend that City Council approve Option #1 draft ordinance language
(Attachment A) which establish criteria for considering 20% alternative design for
specified base zone development standards and numeric development standards
of Article 4,
2. Recommend that City Council approve Option #2 draft ordinance language
focused on limited discretion and specified list of standards.
3. Recommend alternative standards or language for City Council to approve.
4. Recommend that City Council take no action to create 20% flexibility of alternative
design exceptions.
i
E PLANNING AND HOUSING DEPARTMENT RECOMMENDATION:
i
In staffs view, Option #1 provides the best way to provide developers with a fair set of
criteria by which to ask for a maximum of 20% Alternative Design to adjust a numeric
elements of the identified zones and Article 4 numeric development standards. Option #1
provides criteria to balance not being overly prescriptive, nor being so broad that the
standards for review are unclear or subject to an exhaustive time-consuming case-by-
case analysis. This processes allows staff to assess the merits or the request and balance
it with other expectations.
Therefore, it is the recommendation of the Planning & Housing Director that the Planning
& Zoning Commission recommend to City Council approval of Alternative #1 .
i
5
Attachment A- Draft Ordinance Based on Option #1
Section 29.1502(7) (New Sub Section)
7. Any Numeric Standard or Site Design Standard with the identified zoning districts
in the list provided in this Section may be adjusted up to 20% by approval of the
Planning Director if the following criteria are met:
(i) Whether the requested exception, and combination and totality of
exceptions, are consistent with all relevant purpose and intent
statements of this ordinance,
(ii) Whether there is an operational need or desirable benefit to the
project.
(iii) Whether the requested alternative offsets the effect of the request
by providing something of equal or better consistency of intent of
the requirement or zoning district
(iv) Whether the requested exception will have a substantial or undue
adverse effect upon adjacent property, the character of the
surrounding area or the public health, safety and general welfare;
j (v) Other factors determined relevant by the planning director, planning
i and zoning commission, or city council as applicable.
(vi) Density, maneuvering area, minimum lot frontage, Campustown
rock size, lighting output, wireless tower standards, fence height,
adult business standards, ADU standards and stories of a building
are not eligible.
(vii) Adjustment requests must be applied for and issued as a permit
process.
(viii) All numeric remainders after a 20% adjustment is calculated will be
rounded to the nearest whole number.
(ix) Eligible Zoning Districts and Development Standards:
a. All Article 6 Agricultural Zones
b. All Article 7 Residential Zones
c. All Article 8 Commercial Zones
d. All Article 9 Industrial Zones
e. South Lincoln Sub Area Mixed Use District
f. Southeast Entryway Gateway Overlay
g. Southwest Gateway Overlay
h. FS Suburban Residential Zones
i, Article 4 Development Standards
j. F-VR Village Residential Development Standards
Section 29.414 (Creates New Sub Section as 29.414.)
-Section 29.1303- Drive-Through Facilities- Move to 29.414
6
Attachment B-Article 4
General Development Standards- Eligible
Landscaping Standards- Front Yard, Parking Lots, buffers. Includes quantities of
Trees, Shrubs and Grasses, Planter depths, Island, Front Yard Diversity
Requirements, Tree separation requirements
• Parking Ratios
i
• Parking and Access Standards- Front yard and dimensions, space dimensions,
driveway design requirements
• Outdoor Display
• Outdoor Storage
• Garages and Other Accessory buildings, excluding ADU's, maximum sizes and
setbacks
• Accessory Dwelling unit and Duplex design requirements
Billboard Size, Location, Setbacks
• Trash Enclosures
• Other setback encroachments.
Attachment C- Base Zones Articles 6-9
Base Zone Development Standards- Eligible
• Minimum Open Space Percentage
Front, Side and Rear Yard Setbacks
• Building Height
FAR (Floor Area Ratio)
Lot Frontage
• Lot Area
• Building coverage/Impervious coverage
• Parking locations
• Building materials
• Other Architectural Standards
Landscaping buffers abutting dissimilar use zone.
• Other general requirements of building orientation.
8