HomeMy WebLinkAboutA003 - Council Action Form dated June 11, 2024 ITEM#: 38
DATE: 06-11-24
DEPT: P&H
COUNCIL ACTION FORM
SUBJECT:  ZONING TEXT AMENDMENT TO ALLOW FOR PLANNING
DIRECTOR APPROVAL OF 20% ALTERNATIVE DESIGN ADJUSTMENTS
TO GENERAL AND BASE ZONE DEVELOPMENT STANDARDS
BACKGROUND:
The City Council initially referred to staff a review of planning permitting processes and the history of
zoning text amendments. A staff report describing the review authority, permitting processes, and
zoning text amendments was presented to the Council 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 to zoning standards. 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 other City standards or
to improve conditions for the site. Council directed staff to solicit developer feedback regarding
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 the potential value of a 20% alternative design option to allow for
adjustments to certain numeric standards.At the March 18th City Council meeting, the City Council
directed staff to prepare an ordinance for allowing an administrative exception process
(alternative design) that permits up to a 20% 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).
DEVELOPMENT STANDARDS:
Under state law, a variance to zoning standards 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
building and site development standards within in a zoning ordinance, and an 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.
As a result of this distinction, the proposed ordinance is written to apply to only identified
development standards and as an Alternative Design approval process. This process can be
applied to any site development plan or zoning permit, but the adjustment must be approved in
writing by the Planning Director. This means that it is a case-by-case review of the request, and it
is not a unilateral 20% reduction of all standards for all existing sites and future sites.
1
The City's Zoning Ordinance identifies uses and development standards by both zoning district and as
general standards applicable to 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 in Chapter 29,Article 4 in the Ames Municipal Code address
issues that apply city-wide, generally independent of individual zoning districts. 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 4 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.
The draft ordinance (Attachment A) identifies which types of standards can be adjusted and a
specific list of issues that are not eligible. Non-eligible requests in include fence height, density,
Accessary Dwelling Units and Duplex standards, lighting output, rock size in Campustown
Service Center, building story limitations, and certain parking/driveway location and design
requirements for vehicle maneuvering.
As part of background research, staff reviewed other cities in Iowa to see what options they offered for
flexibility. Cities such as Des Moines, Cedar Rapids and Iowa City have allowances for deviations or
waivers of a given amount to be issued Administratively by staff. This analysis indicated that the 20%
adjustment allowance is a common practice.
ATERNATIVE DESIGN PROCESS:
The draft ordinance includes some minor changes to Article 1 and Article 3 of the Zoning Code to help
define the authority for 20% adjustment process. The permitting criteria themselves are part of Article
15, Site Devlopment Plan Permit process. (See new Section 29.1502(7)) The proposed permitting
process requires Planning Director consideration of general criteria to ascertain that a need for
the adjustment exists or the alternative design is equal to or better than the current standards.
The process will 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 of a site
development plan if it is not staff.
Importantly, the approval of design alternative must be in writing by the Planning Director and
accompany the actual permit approval for a project. This means that an applicant cannot just
choose to adjust the plan in the field without conforming to the approved standards and the
approved permit. Although staff will provide for a preliminary determination process to assist
applicant early in the process, the approval of an alternative will only be valid with approval of
an actual Zoning Permit or Site Development Plan Permit. If the alterative design is not approved
by the Director, the typical appeal process related to the permit type will apply.
The draft ordinance allows for any remainder of a whole numeric number related to a unit, such as a
parking space, to 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.
As a result of staff review of other sections that are not included in this process, staff proposes to
2
relocate the drive thru separation standard to Article 4 from Article 13 to allow it to be part of the
alternative exception process.
Ultimately, nothing in these new standards will change the authority of the Zoning Board of
Adjustment with regard to existing Exceptions, Variances, Minor Area Modifications or Special
Use Permits.
PLANNING& ZONING COMMISSION RECOMENDATION:
At the May 15th Planning & Zoning Commission meeting the Commission reviewed and discussed the
proposed standards and general draft language. The Commission reviewed and discussed two separate
options for how the ordinance could be structured. The first Option was the proposed approval criteria
and standards that are being considered by City Council in this report. The second Option was to
narrow the range of adjustments and provide a specific list of standards that could qualify and as a
result minimal review criteria. After discussion of the intent of the changes, the Commission ultimately
determined that Option 1 providing for more distinct criteria and a broader range of standards was most
appropriate.
The Planning & Zoning voted 4-0 to recommend the City Council adopt the proposed standards.
ALTERNATIVES:
1. City Council can approve on first reading an ordinance that establishes criteria for considering a
20% alternative design for specified base zone and numeric development standards of Article 4
as outlined in the attached draft ordinance.
2. City Council can direct staff to modify the requirements for the 20% alternative design process or
standards and approve the ordinance on first reading.
3. City Council could take no action to approve the draft ordinance and direct staff how to proceed.
CITY MANAGER'S RECOMMENDED ACTION:
Based upon City Council's intent to create additional flexibly within the Zoning Ordinance balanced
with maintaining the positive elements of our current standards, the proposed 20% alternative design
approach is being recommended. The proposal allows for a fairly large range of issues that could be
adjusted through an administrative process. This process allows staff to assess the merits or the request
and balance it with other expectations. The criteria for approval are general and will require the exercise
of discretion by the Planning Director. Not all requests will likely be approved even though the goal is
to be open to flexible application of requirements and new alternative design options. Staff believes this
will provide for some flexibility for straightforward development issues, but as noted in the original
review or permitting and zoning text amendment, it will not relieve Council from many of the text
amendments that they have reviewed that are use based, fundamental standards, or processes within the
Zoning Ordinance. Therefore, it is the recommendation of the City Manager that the City Council
approval of Alternative#1.
ATTACHMENT(S):
Attachment A Draft Ordinance (Site Design Standards)
Eligible Base Zone Chart.pdf
Attachment B.pdf
3
Attachment C.pdf
4
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE
OF THE CITY OF AMES, IOWA, BY AMENDING
SECTIONS 29.101, 29.103(2), 29.303, 29.305(3) AND
29.1501(3)(d) AND ENACTING A NEW SECTION
29.1502(7) AND REPEALLING SECTION 29.1303 AND
ENACTING A NEW SECTION 29.414 THEREOF, FOR
THE PURPOSE OF ESTABLISHING ALTERNATIVE
DESIGN REVIEW FOR NUMERIC OR SITE DESIGN
STANDARD ADJUSTMENT UP TO 20% APPROVAL OF
PLANNING DIRECTOR AND DRIVE-THROUGH
FACILITIY STANDARDS 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 by enacting a new Section 29.1502(7) and Section 29.414, as follows:
"Sec. 29.101. STATUTORY AUTHORIZATION.
The provisions of Section 4141E of the Iowa Code,as amended, authorize the City Council
to determine, establish and enforce the regulations,restrictions of buildings and land, and for a*d
the boundaries of the Zones set forth in the Ordinance.
Sec. 29.103. VALIDITY, SEVERABILITY& EFFECTIVE DATE.
(2) Effective Date. The Ordinance shall be in full force and effect from and after its
enactment in accordance with Section 414-4 of the Iowa Code.
Sec.29.303. GENERAL DEVELOPMENT STANDARDS AND ZONING REGULATIONS.
Sec.29.305. APPLICATION OF DEVELOPMENT STANDARDS.
No structure shall be constructed or altered or use of land established or altered except in
conformance with all applicable Development Standards. Alternative Design Review for certain
Development Standards must be approved per requirements of Article 15. Any site previouslX
developed that does not conform to the Development Standards of this ordinance without approval
of an Alternative Design approval shall be considered nonconforming as defined within Article 3.
This Ordinance provides for Development Standards as follows:
(1) General Development Standards. General Development Standards are
applicable to development in all zones and are set forth in Article 4.
(2) Zone Development Standards. Zone Development Standards are applicable to
development in each zone and are set forth in the Articles and Sections describing each zone or
district.
5
(3) Special Use Standards. Special individual uses have additional development
standards and use regulations as established within Article 13.
Sec.29.4144-303. DRIVE-THROUGH FACILITIES.
All Drive-Through Facilities, whether primary or accessory uses, must comply with the
following conditions:
(1) Setbacks and Landscaping. Stacking lanes and driveways are parking lot areas
for conformance to development standards. Stacking lanes for a Drive-Through Facility must be
setback at least 5 feet from all lot lines. Where the setback abuts a Residential Zone,the setback
must be landscaped to at least the High Screen Standard.
(2) Design and Layout. Stacking lanes must be designed to provide adequate on-site
maneuvering,queuing,and circulation area,so that stacking vehicles will neither impede traffic on
abutting streets nor interfere with vehicle circulation.
Sec. 29.1501. BUILDING/ZONING PERMIT.
(3) Procedures.
(d) Alternative Design Review. Prior to approval of a Building/Zoning
Permit,approval in writing of an Alternative Design may be approved by the Planning Director per
the standards of 19.1502(7).
Sec.29.1502 SITE DEVELOPMENT PLAN REVIEW.
(7) Alternative Design Review.
(a) Any Numeric Zoning Development Standard or General Design Standard
regulations identified in this Section may be adjusted up to 20% by pproval of the Planning
Director if the following criteria are met:
(i) Whether the requested adjustment, and combination and totality o
adjustments, 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;
(v) Other factors determined relevant by the planning director, planning and
zoning commission, or city council as applicable.
(b) Alternative design approvals must be applied for as a part of the applicable permit
process. Only alternative design approvals issued in writing are valid adjustments to zoning and
development standards.
(i) All numeric remainders after a 20% adjustment is calculated will be
rounded to the nearest whole number that achieves the intended 20%adjustment.
6
(c) Eligible Zoning Districts and Development Standards:
(i) All Article 6 Agricultural Zones
(ii) All Article 7 Residential Zones
(iii) All Article 8 Commercial Zones
(iv) All Article 9 Industrial Zones
(v) South Lincoln Sub Area Mixed Use District
(vi) Southeast Entryway Gateway Overlay
(vii) Southwest Gateway Overlay
(viii) FS Suburban Residential Zones
(ix) Article 4 Development Standards
(x) F-VR Village Residential Development Standards
(d)Ineligible standards. The following standards in Chapter 29 of the Municipal Code
are not eligible:
(i) Density(including lot area per unit)
(ii) Location of and paving of vehicle maneuvering areas and driveways in a
front yard
(iii) Minimum lot frontage
(iv) Rock size limitations in Campustown Service Center Standards
(v) Lighting output standards
(vi) Fence Height Limitations
(vii) Dwelling Design Standards of 29.409 and 29.410.
(viii) Building Story Limitations
***»
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 day of 12024.
Renee Hall, City Clerk John A. Haila,Mayor
7
Eligible Base Zones
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
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
Standards
8
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 size, Front Yard Diversity
amounts, Tree Separation Distances
• Parking Ratios That Determine Number of Required Stalls
• Parking and Access Standards such Front Yard Restrictions and Driveway
Design Requirements
• Outdoor Display Setbacks
• Outdoor Storage Setbacks
• Garages and Other Accessory Building Maximum Size and Setbacks. (Excluding
ADU's.)
• Billboard Size, Location, Setbacks
• Trash Screening Requirements
• Other Setback Encroachment Allowances Listed in Article 4.
9
Attachment C- Base Zones Articles 6-9
Base Zone Development Standards- Eligible
• Minimum Open Space Percentage
• Front, Side and Rear Yard Setbacks
• Building Height Minimums and Maximums
• FAR (Floor Area Ratio)
• Total Lot Size Area
• Building Coverage/Impervious Coverage Limitations
• Parking Location Restrictions and Allowances in Front Yards
• Building Material Percentages
• Other Architectural Standard Numeric Requirements
• Landscaping Buffer Height Abutting Dissimilar Use Zone.
• Commercial Design Guidelines, E.g. for NC and CGS zoning.
10