HomeMy WebLinkAboutA016 - Council Action Form dated January 22, 2008 J
ITEM #: �1
DATE: 01/22/08
COUNCIL ACTION FORM
SUBJECT: WAIVER OF CITY SUBDIVISION STANDARDS FOR RURAL
PROPERTY IN BOONE COUNTY: OUTLOT H, GENE HARRIS 2ND
SUBDIVISION AT 230'" STREET AND X AVENUE
BACKGROUND:
The City Council referred to staff a request to waive City subdivision standards for property
in Boone County on the north side of 230th Street (Lincoln Way) and east of X Avenue
(see attached letter). The property is located west and within two miles of the corporate
limits of the City of Ames (see attached Location Map). T-e oposedWsu;bd:ivision_has:1
'I�-s rnce-been-simplified-t(5-include only the splitting fo Outlot_H%into-two_parcels(see attached
Sk tce h P1an):
The proposed`subdiyision�involves land o�nined_by Kiszle 1Nalters_LLG)The proposal
involves a vacant property, 26 acres in size,which theQapplicant:pT.opo es s to=subdivideninto_
o-parcels;LTot 1; roposed ._4-acr..es.and_Lot,2_proposed to_.be_8.6 a erc s: Access
and-frontage on public rig th of-way is provided for both properties. Lot 1 is proposed to be
the site of a new manufacturing facility, Power Film,which also has an existing facility a few
hundred yards to the east. Cit�yPstaff-has-determined-that.since_t.e_propefy does_not
d�.
cow atat in public infrastructure_,_a Major Subd:iuisior�woufd� egaire
Along 230th Street in Boone County, within two miles of the Ames city limits, are three
developed areas:the area adjacent to the proposed subdivision to the east, an area about
one mile to the west, and an area south of 230th Street. These areas include dozens of
developed properties, created by subdivisions, some with multiple additions or by
development of multiple buildings and businesses on a single large parcel. The uses are
generally commercial in nature,with two residential subdivisions to the far west. (See Land
Use Map).
ln_reviewing earlier subdivisions involved in this rural developrrmen the City of Ames,which
generally regares access toublc streets,waiv.ed_its_standar_d for_.public improvements,.
he Cityalso-requi-�e—dvthe=owners-to-sigiir-andTprovide covenants waiving-the ri hg tit ofj
irvhoeve(:owns-the property-fo�protest`future assessments for public improvements;and)
binding-property owners-and-future property owners�top�ay the-full cost of abandoning rural
wat_ er sysfems in the future: l its reports on these subdivisions, staff has g nee rally stated
that the City is u k ly to apex the land along this corridor in the future, and cited on-
going urban fringe planning in cooperation with the County.
The City of Ames has now completed an Urban Fringe Plan that includes this corridor, and
although it is not yet a cooperative plan with Boone County, it is the policy of the City. That
Plan identifies Highway Oriented Commercial as the future land use for these three
development areas, with Agricultural and Farm Service as the proposed land use for areas
along the corridor in between the developed areas (see attached portion of Ames Urban
Fringe Land Use Framework Map). Highway Oriented Commercial land uses are within the
Rural/Urban Transitional Areas land use class. City policies for these areas are attached.
N-either=the=A ees_U-rban^Fringe:Plan-nor-thL-Ames--L-and-Use--P_olicy✓Rlan identifies=thiso
odor as-a-community entr-y)'�In summary;the Plan a nticipates th ghway-OrientedI
Commercial-land-uses-will-develop offside of-thp City,-preferably- in clusters;a�n�d th
public improvementswmay�be�required depending on the location,ariticipated` traffic,
ntensity;�and-type of use an"d°other factors
Although Boone County provided input into the land uses shown on the current Ames
Urban Fringe Plan, it is clear that future adjustments were likely to be needed once Boone
County completed a countywide Comprehensive Plan update. Same=C-ounty--hss
completed-and-approved-that Comprehensive Plan;which-designates commercial-and
� industrial land uses for-a[Lo.f the land-on-both-sides-of-230th Streetrfrom th-e Ames-city limits
to�the_west�edge of�the_Arilea urban Fringe area.
The pending Boone County zoning ordinance provides for a wide range of uses in
commercial and light industrial area. For example, permitted commercial uses include
professional offices, corporate headquarters, research facilities, grocery stores,
restaurants, and residences above the first floor. Examples of permitted industrial uses are
cabinet shops, lumber yards,warehousing, enameling and lacquering, and manufacturing
of a wide range of products. Conditional uses include auto wrecking, animal rendering,
adult entertainment, and further manufacturing uses. Protection of the public and
neighboring properties from negative impacts of these uses is through general
performance standards to be imposed and enforced by County staff. The Boone County
comprehensive plan designates residential uses for most of the rest of the Ames Urban
Fringe within Boone County. B o aunty and Amesetaffs are now determining�tl�e bestD
_ way to proceed for the Count and to coordinate:.completing=the-_Ames_Urban Fringe
Plan.
"The purposes of state laws allowing_City jurisdiction over rural subdivisions include
marragirrg-rmpacts-on,the City's"infrastr cu turn_and-enuironment.and to_provid for efficient.
- and�orid ply,expansion of cities 17Vhen the City of Ames staff has reviewed the impacts of
each of the many subdivisions in Boone County under which this corridor has developed,
not surprisingly the impact of each project by itself has not been very significant What has
,changed-now-is-that Boone C-ounty has-adopted=a4comprehensive proposal for land use for
Cthe-entire area;which--anticipates-a=mixed-commercial'--ndustria` a d:residential--area
mmany times_larger than-what isAthere: o formulate policy for review of subdivisions in
Boone County the C ty of_Ames�shoUid can's der_Riitenfialrimpacts such-as-the#following:..
• Traffic on City and surrounding streets
• Stormwater runoff into College Creek and Clear Creek
• Waste treatment systems on the College Creek and Clear Creek watersheds
• Water use on Ames water supply
• Rural style development blocking future urban expansion
Ispeci illy important is to consider-the-gimpacts of the most-intense type of
development``allowed Y by the zoning classifications that the Boone County
�Compreh-ensive Planan p its in this area. Once p or perty is zoned a`nd subdivided,the
pry ,operty_owner or—a future grope-rty owner has a right to develop.it for any use that th
2
zoning allows. Although Boone County staff has some authority to require improvements
to waste treatment systems and/or nuisance abatement, the City of Ames has no further
role as long as subdivision is not required. This is why the City and County need
agreement on land uses comprehensively up front. Without that, the City must still rely on
its own assessment of impacts at the time of subdivision.
Boone County=ham ea_dy approved Limte-d�lndustrial Zoning for the subject property.
The applicant is proceeding with the platting process in Boone County and the applicant
and County seek decisions on platting from the City of Ames before completing the
Preliminary Plat in Boone County. lf=th-e City takes—no action or declines to'waive its
in
frastructure-requirement.IWp-roperty-ownermus� provides rests;sanitary sewer, and
ter systems meeting Citstandards, some of which cannot be put into service at this
Mime because the City afi snot extentled-its infrastructure to the site
ALTERNATIVES:
1. The City Council can approve a resolution waiving its subdivision regulations forthe
installation of public improvements for Outlot H, Gene Harris 2"d Subdivision at 230th
Street And X Avenue,w th the stipulation that recorded covenants be provide
Vjindin _proRerky_o_wnersand future property owners to waive rights toprotest futue
sessmoperty owners to pair the full cost of abandoning_rural water systems in the future.
2. The City Council can approve a resolution waiving its subdivision regulations for the
installation of public improvements for Outlot H, Gene Harris 2"d Subdivision at 230th
Street and X Avenue, without stipulations.
3. The City Council can deny the request for a waiver of its subdivision regulations for
the installation of public improvements for Outlot H, Gene Harris 2"d Subdivision at
230t" Street and X Avenue, due to expected and unknown impacts of development
of the area on City infrastructure, environment, and growth.
4. The City Council can refer this request back to staff and/or the applicant for
additional information.
MANAGER'S RECOMMENDED ACTION:
In the past, the City has reviewed subdivisions in Boone County on a case-by-case basis,
citing the ongoing Ames Urban Fringe planning with Boone County as the best way to
develop more policy that is consistent. Although-Eringe-planning_f_or this area is not vet
complete Boone County has proposed a comprehensive-land-use_plan for this part of our
urban fringe. Ii's plan provides for development with a total area that is similar in size to all
of the private, developed property of west_Am.e_s., n� o, rth of Lincoln Way. All of this land in
Boone County is in watersheds that drain-into—Am--es. The main traffic access for this
development area is the main east-west traffic artery in Amesz Because of these three
`"-factori,_th C y needs-to study the impacts of-this proposed-land us and d work with
�Bsoone County-to-manage-any-impacts-on-ourwcommunity�
3
4
In the meantime, Boone County property owners have been making plans for the use and
development of their property based on the past practices of the City for similar situated
land. ore important than haltingng sma 1 proiects-in arid=stream that may o�r may no bye
themselves have significant impact is to work with Boone County on the comprehensive
scale. Therefore, at this time, it is the recommendation of the City Manager that the City
Council approve Alternative#1.This action will approval a resolution waiving its subdivision
regulations for the installation of public improvements for Outlot H, Gene Harris 2"d
Subdivision at 230 ' Street And X Avenue, with-the s ipul: ti_onifYat �cor�ded covenant bed
zprovi -binding property owners_and.future property owners to�awaiverightst row otest
future assessments for public imp:covements, and�binding�property o_v�cners_and future -j
_ --�
mope y owners to_pay�the full cost_,,,of abandoning rural�water systems -r�_�he futu e.
VR owever e-City_should direct staff to place a high priority n analyzing the imps s of t>e
current Boone County-ComprehensiveP a o he City. Also, the City Council-should j
delay action on-future subdivision requests in Boone County until the City can understand
and manage=these-impacts-or-deny-futare=requests to waive.its subdivision-requirements.
4
Applicable Law
Chapter 354 of the Code of Iowa includes provisions for the division and subdivision of
land. Section 354.9 addresses the "Review of subdivision plats within two miles of a city."
Subsection two (2) includes the following provision:
Section 354.8. " . . . Governing bodies shall apply reasonable standards and
conditions in accordance with applicable statues and ordinances for the review and
approval of subdivisions. The governing body, within sixty days of application for
final approval of the subdivision plat, shall determine whether the subdivision
conforms to its comprehensive plan and shall give consideration to the possible
burden on public improvements and to a balance of interests between the
proprietor, future purchasers, and the public interest in the subdivision when
reviewing the proposed subdivision and when requiring the installation of public
improvements in conjunction with approval of a subdivision. . . ."
Section 354.9(2). "...Either the city or county may, by resolution, waive its
right to review the subdivision or waive the requirements of any of its
standards, or conditions for approval of subdivisions, and certify the resolution
which shall be recorded with the plat."
Chapter 23 of the Municipal Code includes provisions for the subdivision of land in Ames
and within two (2) miles of the corporate limits. Section 23.103 addresses
"Waiver/Modification." Subsection (1) reads as follows:
Section 23.103 (1). "Where, in the case of particular subdivision, it can be
shown that strict compliance with the requirements of the Regulations would
result in extraordinary hardship to the Applicant or would prove inconsistent
with the purpose of the Regulations because of unusual topography or other
conditions, the City Council may modify or waive the requirements of the
Regulations so that substantial justice may be done and the public interest
secured provided, however, that such modification or waiver shall not have
the effect of nullifying the intent and purpose of the Regulations. In no case
shall any modification or waiver be more than necessary to eliminate the
hardship or conform to the purpose of the Regulations. In so granting a
modification or waiver, the City Council may impose such additional
conditions as are necessary to secure substantially the objectives of the
requirements so modified or waived."
Section 23.302(10)(c) states that "The City Council may:
(i) deny any subdivision where the reasonably anticipated impact of such
subdivision will create such a burden on existing public improvements
or such a need for new public improvements that the area of the City
affected by such impact will be unable to conform to level of service
standards set forth in the Land Use Policy Plan or other capital project
or growth management plan of the City until such time that the City
upgrades such public improvements in accordance with schedules set
5
forth in such plans; or
approve any subdivision subject to the condition that the applicant
contribute to so much of such upgrade of public improvements as the
need for such upgrade is directly and proportionately attributable to
such impact as determined at the sole discretion of the City. The
terms, conditions and amortization schedule for such contribution may
be incorporated within an Improvement Agreement as set forth in
Section 23.304 of the Regulations.
6
Ames Urban Fringe Plan Policies
Land Use Designations and Policies for Rural/Urban Transition
Area
This area is intended to be rural in character as it develops, but within an urban setting at some time
in the future, beyond the time horizon of the Ames Urban Fringe Plan. Urban services and
development standards are required for non-agricultural development in certain critical locations
within this area. Annexation agreements and/or other tools also may be utilized to ensure that the
future transition into the City of Ames or City of Gilbert is a smooth one.
The following policies apply to the entire Rural/Urban Transition Area (RUTA)
RUTA Policy 1: Rural-type services and development standards are often acceptable in
the Rural/Urban Transition Area, but urban services and standards may be required in
certain critical locations or in response to certain intensities of development. (Relates to
RUTA Goal 3.1, 3.3)
RUTA Policy 2: At the discretion of the cities,annexation agreements and other tools may
be utilized to ensure that new development is prepared for potential annexation in the future.
(Relates to RUTA Goal 3.2)
RUTA Policy 3: Ames, Gilbert, Story County, and Boone County seek to accommodate
public preferences by permitting an expanded range of rural development options that allow
orderly and efficient future transition between urban and rural land uses. (Relates to RUTA
Goal 3.1, 3.4)
RUTA Policy 4: Permit interim development to occur in a manner that will support long-
term urbanization of the Ames Urban Fringe. (Relates to RUTA Goal 3.2)
RUTA Policy 5: Limit development in areas that would create a need for the upgrade of
roads before they are scheduled in the appropriate jurisdiction's capital improvements
program. Where proposed development will potentially increase the traffic volumes in
excess of the current road capacity, provide for the cost of road improvements at the time of
development. (Relates to RUTA Goal 3.5)
Highway-Oriented Commercial (HOC)
This designation applies to commercial land uses along arterial corridors that are primarily designed
to accommodate the automobile. It-is intended to provide for an orderly and efficient transition
between existing or future urban areas and the rural, unincorporated areas.
HOC Policy 1: Highway-Oriented Commercial designation includes commercial uses that
are more compatible with the characteristics of rural areas than with urban commercial
corridors and centers.
HOC Policy 2: Strategically locate Highway-Oriented Commercial in targeted areas along
high traffic transportation corridors. (Relates to RUTA Goal 3.2. 3.5)
HOC Policy 3: Give preference to clustering of uses in order to limit the short-term and long-
term costs associated with infrastructure improvements and the distribution of public
services. (Relates to RUTA Goal 3.2, 3.4)
7
HOC Policy 4: Require urban transportation infrastructure to meet the demands of high
vehicular movement. (Relates to RUTA Goal 3.2, 3.3)
HOC Policy 5: Require full urban infrastructure standards under certain conditions such as
location with respect to existing or planned urban infrastructure, intensity or size of
development improvements, timing of development, development design, and commercial
use, such as a restaurants, water intensive uses, or places designed for the gathering of
people. Such urban infrastructure standards may include, but not be limited to,wastewater
treatment and potable water distribution of sufficient size to support emergency services. If
these improvements are not installed at the time of development, require infrastructure
assessment agreements. (Relates to RUTA Goal 3.2, 3.3)
HOC Policy 6: Where the city does not require urban standards, require temporary common
wastewater collection systems that meet IDNR and city specifications, and temporary
common water distribution systems, such as wells or rural water services, that meet
specifications of the City of Ames or City of Gilbert. Require agreements that if and when the
property is annexed to a city, the land developer and/or landowner shall be responsible for
the full cost of abandoning the rural systems and connecting to urban infrastructure. (Relates
to RUTA Goal 3.2, 3.3)
HOC Policy 7: Make provisions to protect environmental resources, environmentally
sensitive areas and adjacent Natural Areas. (Relates to RUTA Goal 3.4)
HOC Policy 8: Mitigate and manage stormwater run-off, soil erosion, and wastewater
discharge according to IDNR, county and city standards. (Relates to RUTA Goal 3.4)
HOC Policy 9: Require annexation and development agreements to guide future transition
of the subdivision/development into the City of Ames or City of Gilbert. (Relates to RUTA
Goal 3.2)
8
iF
PASLEY AND SINGER LAW FIRM, L.L.P.-
ESTABLISHED 1 906-
C.A. PASLEY 323 SIXTH STREET
JOHN L.TIMMONS - C. H. PASLEY
JANE-M. MATHISON - P.O.,BOX 664 1 B76- 1952
LARRY R. CURTIS AMES, IOWA `500 1 0-0664 R. G. PASLEY.
ALEX P. GALYON
' 9COTT L. HIPPEN
TELEPHONE: (51 5) 232-4732 RETIRED'
FAX: (51 5) 232-4756 W.A. SINGER
RETIRED
S.'A. HOLM
- - RETIRED
December 14, 2007
Honorable Ann Campbell, Mayor
and Ames City Council .- r
515 Clark Ave.
Ames, IA 50010
RE: Subdivision of Property in Boone County
within two (2) mile extended jurisdiction
Dear Mayor Campbell and.City Council Members:
On behalf of our client, PowerFilm, Inc., 2337 230th Street, Ames, Iowa, we request that the
City of Ames waive its subdivision standards for subdivisions for certain property located at
1281., 1283, 1287 XE Place, and for property designated as Outlot H, Gene. Harris 2n1
Subdivision, Boone County, Iowa, to facilitate the .develo.pment and construction..of a new
production facility for PowerFilm, Inc.
Furthermore, we would request. that this matter be referred to the City of Ames Planning
Department for immediate review and recommendation. Your attention to this matter is greatly
appreciated.
Yours truly,
Larry R. urti
Attorney for PowerFilm, Inc.
LRC:plo.
cc: Frank Jeffrey,.CEO, PowerFilm, Inc.
Mike Coon, CFO, PowerFilm, Inc.
Steve Shainker, Ames City Manager .
Doug Marek, Ames City Attorney
Jesse Tibodeax, HWS (233 S. Walnut Ave.; Ste, D, Ames, IA 50010)
1
D CC��O�iC� O 00
DEC 3 1 2007
I -
1
2. 0 AC g a
, a
LOT 1 U
T3.938 AC F
LOT B W
1.669 AC
_ y t
LOT 6 I
LOT 2 0.739 AC
�O(A PC 0.546 AC E.
1 r;z
2 �. " a LOT 8 aU
0.562, AC a
GLLI
0.LOT 5 581 ac �o
W ` a
0.562LDT 9 AC
Q OUTLO H 0.97 AC
X 26.01 AC LOT 4
0.583 AC -
;0L0621AC
LOT 3
LV 0.583 AC o a
a LOT 11 U 2.54 AC
-0.562 AC 1.03 AC
s d LOT 2
0.2391AC. X 0.583.AC g
z
i I
i �e
FIT
A---------------------------------------2.M-STREET,osn;°°--------------------------------- P�
------------------
�o
C+ el
I
'?asap=a;�:(�.
tw �
}¢'
!: V tl rlll fC�1 '�' ��'a�k s•r 1: d. Ir A C IA6'1 Yf� �(
51
LN
"r
y>.?—{�
i f
is�A,
3
•- y i r. c r �� �. � �yd.�.Z o-�le S - � v�� i. a � 2 -
�i ' ~
�r :•:t�y eer:":r ,I �. �� �1 � � � kx• 't { �,,: kY> f i '�� �` :��,Yq �p�.`:
` w WOutlot H
2228 229th PGene Harris I `
a
n y�
jl' s � Rf i4EzF't.7.�'¢
•� �rt�p� [j �p o,
230.thP5MEincoln111.1
IRA
Ilk J11
_
i P�Im m
hh 4
f
_:f' �A+'�_pr 6ff.<:� x ram: r p$ J • s W.
n,.. �I� .y .�.aR .mot _.:t"' a � ,,j •+�..
Location Map
Boone County Subdivisions
rrt i
0 875 1,750 3,500
Feet
ALI
- .
LAND.,USE XUP
-- . LEGEND
Ames Land Use Policy Plan
Ames Urban Fringe Plan Ames Urban Fringe Designations
(outside Ames City Boundary)
Rural Service and
I Conservation� cu ura Area
t
Agriculture and Farm Service
Rural Residential
p
�@t arks and Recreation Areas
Urban Service Area
Urban Residential
-- - Planned Industrial
--
- Community Commercial Node
r Creek Convenience Commercial Node
--
Rural Urban Transition Area
e, Rural Transitional Residential =
Priority Transitional Residential
- - Highway-Oriented Commercial
- General Industrial -
Industrial Reserve/Research Park
Agricultural/Subsurface Mining
4 AI /
Agricultural/Long-term Industrial Reserve
0 0 0® 6 Gateway Protection Area
SC,
Watershed Protection Area
. Airport Protection Area
Natural Areas
® Ames City Boundary
FAmes 2 Mlles Limit and
Urban Fringe Boundary
.. ........
`e Creek - //dfi Iowa State University Property
r Government Owned land
Boone County Future Land Use
® Ames Urban Fringe Area located in Boone
County.Future Land Use to be determined
following completion of Boone County's
Comprehensive Plan Update and discussion
with other governments.
\� Story County Study Area
® Ames Urban Fringe Area located in'Story
----i- County Study Area'.Future Land Use to be
determined following the completion of Story
---... . County's study and discussion with other
governments. `
Ames Urban Fringe Plan Policies
Land Use Designations and Policies for Rural/Urban Transition
Area
This area is intended to be rural in character as it develops, but within an urban setting at some time
in the future, beyond the time horizon of the Ames Urban Fringe Plan. Urban services and
development standards are required for non-agricultural development in certain critical locations
within this area. Annexation agreements and/or other tools also may be utilized to ensure that the
future transition into the City of Ames or City of Gilbert is a smooth one.
The following policies apply to the entire Rural/Urban Transition Area (RUTA)
RUTA Policy 1: Rural-type services and development standards are often acceptable in
the Rural/Urban Transition Area, but urban services and standards may be required in
certain critical locations or in response to certain intensities of development. (Relates to
RUTA Goal 3.1, 3.3)
RUTA Policy 2: At the discretion of the cities,annexation agreements and other tools may
be utilized to ensure that new development is prepared for potential annexation in the future.
(Relates to RUTA Goal 3.2)
RUTA Policy 3: Ames, Gilbert, Story County, and Boone County seek to accommodate
public preferences by permitting an expanded range of rural development options that allow
orderly and efficient future transition between urban and rural land uses. (Relates to RUTA
Goal 3.1, 3.4)
RUTA Policy 4: Permit interim development to occur in a manner that will support long-
term urbanization of the Ames Urban Fringe. (Relates to RUTA Goal 3.2)
RUTA Policy 5: Limit development in areas that would create a need for the upgrade of
roads before they are scheduled in the appropriate jurisdiction's capital improvements
program. Where proposed development will potentially increase the traffic volumes in
excess of the current road capacity, provide for the cost of road improvements at the time of
development. (Relates to RUTA Goal 3.5)
Highway-Oriented Commercial (HOC)
This designation applies to commercial land uses along arterial corridors that are primarily designed
to accommodate the automobile. It is intended to provide for an orderly and efficient transition
between existing or future urban areas and the rural, unincorporated areas.
HOC Policy 1: Highway-Oriented Commercial designation includes commercial uses that
are more compatible with the characteristics of rural areas than with urban commercial
corridors and centers.
HOC Policy 2: Strategically locate Highway-Oriented Commercial in targeted areas along
high traffic transportation corridors. (Relates to RUTA Goal 3.2. 3.5)
HOC Policy 3: Give preference to clustering of uses in order to limit the short-term and long-
term costs associated with infrastructure improvements and the distribution of public
services. (Relates to RUTA Goal 3.2, 3.4)
6
HOC Policy 4: Require urban transportation infrastructure to meet the demands of high
vehicular movement. (Relates to RUTA Goal 3.2, 3.3)
HOC Policy 5: Require full urban infrastructure standards under certain conditions such as
location with respect to existing or planned urban infrastructure, intensity or size of
development improvements,timing of development, development design, and commercial
use, such as a restaurants, water intensive uses, or places designed for the gathering of
people. Such urban infrastructure standards may include, but not be limited to,wastewater
treatment and potable water distribution of sufficient size to support emergency services. If
these improvements are not installed at the time of development, require infrastructure
assessment agreements. (Relates to RUTA Goal 3.2, 3.3)
HOC Policy 6: Where the city does not require urban standards, require temporary common
wastewater collection systems that meet IDNR and city specifications, and temporary
common water distribution systems, such as wells or rural water services, that meet
specifications of the City of Ames or City of Gilbert. Require agreements that if and when the
property is annexed to a city, the land developer and/or landowner shall be responsible for
the full cost of abandoning the rural systems and connecting to urban infrastructure. (Relates
to RUTA Goal 3.2, 3.3)
HOC Policy 7: Make provisions to protect environmental resources, environmentally
sensitive areas and adjacent Natural Areas. (Relates to RUTA Goal 3.4)
HOC Policy 8: Mitigate and manage stormwater run-off, soil erosion, and wastewater
discharge according to IDNR, county and city standards. (Relates to RUTA Goal 3.4)
HOC Policy 9: Require annexation and development agreements to guide future transition
of the subdivision/development into the City of Ames or City of Gilbert. (Relates to RUTA
Goal 3.2)
7
SECTION 15: C-1 COMMERCIAL DISTRICT
SECTION 15: CA COMMERCIAL DISTRICT.
Statement of Intent. The C-1 District is intended and designed to provide for the normal
commercial uses required to serve families living in the various areas of the County,
located so as to be easily accessible within.minimum distances of homes which can
economically support such uses. The establishments allowed cater to the day-to-day
needs of the families residing nearby. This district will normally be used for new, small
or existing commercial uses where the planned district is not appropriate.
A. Principal Permitted Uses.
Only the use of structures or land listed in this section shall be allowed in the C-1
District.
i. Agricultural uses.
2. Retail business, service establishments, recreational uses such as the following:
Antique shops.
Art shops.
Book, flower and gift shops.
Confectionery stores, dairy stores, including ice cream or snack bars.
Grocery stores.
Coin operated laundromats and dry cleaning establishments.
Restaurants and Taverns.
Dance academy, fitness club, health club, exercise club, and the like.
Animal.hospitals, veterinary clinics.
Automobile, mobile home, motorcycle, snowmobile, boat and farm
implement establishments for display, hire, rental, and sales (including
sales lots); including as incidental to these major uses all repair work in
connection with company or customer vehicles.
Automobile accessory stores.
Bowling alleys.
Carwashes.
Commercial swimming pools, skating rinks, golf driving ranges, miniature
golf courses, and similar recreational uses and facilities.
Gas stations and garages for general motor vehicle repair including body
and fender work, but not including automobile, tractor, or machinery
wrecking and used parts yards.
Motels.
Lumber yards.
Monument sales yards. "
Restaurants, (including drive-in restaurants, taverns, bars, and
nightclubs).
Theaters, including drive-in theaters.
Nurseries and greenhouses.
Broadcasting and telecasting stations, studios, and offices.
Boone County Zoning Ordinance—last amended 1012412003 Page 53
SECTION 15: C-1 COMMERCIAL DISTRICT
3. General offices, such as dental or other medical services, financial counseling,
etc.
4. Insurance corporations.
5. Corporate headquarters.
s. Laboratories.
7. Research facilities.
s. Professional offices.
9.- Private health clubs.
1o. Child Day Care Facilities.
11. Retail sales and services, especially smaller shops.catering to office users,.such
as restaurants and gift shops.
12. Banks and similar financial institutions.
13. Barber and beauty shops.
14. Veterinary clinics.
15. Residences located above the ground floor.
16. Health clinics and similar health facilities.
17. Any other use which is deemed by the Zoning Administrator to be a use similar to
-one of the above-named uses and in conformance with the intent of this District.
.B. Permitted Accessory Uses.
Uses of land or structures customarily incidental and subordinate to one of the allowed
principal uses, unless otherwise excluded. Residences, provided they are clearly
subordinate to the primary use allowed by right.
C: Bulk Regulations.,
See Section 9:(Table 9-1).
D. Off-Street Parking and Loading
Spaces for off-street parking and loading shall be provided in accordance with Section
Section 25: and Section 26:.
Boone County Zoning Ordinance—last amended 1012412003 Page 54
Section 4.11 I-1 Indus SECTION 411.1-1-/NDIISTRIAL DISTRICT
trial District
4.11.01 Intent: This zoning district is intended to provide for commercial and industrial land uses to provide for
labor intensive establishments in rural areas that require railroad or highway accessibility.
Adult Businesses are regulated in order to control the Secondary effects associated with such uses and is
not intended to prohibit these uses from exercising their rights under the U.S.Constitution.
4.11.02 Permitted Principal Uses:
Uses within this section of the Ordinance are permitted and allowed to exist upon the approval of a
zoning permit from the County.
1. Auction,and animal sales yard.
2. Wholesale trade,storage,and warehousing.
-3. Building materials,hardware,and garden supply.
4. Farm supplies,feed,equipment,and machinery sales.
5. Railroads and public thoroughfares.
6. Carpenter and cabinet shops
7. Clothes dry cleaning and/or dyeing establishments,.including those using flammable cleaning
fluids with a flash point higher.than 100'F.
8. Building construction,general contractors and builders operations.
9. Non-building construction,general contractors and special trade construction contractors.
10.- Railroad,trucking,air,water transportation,freight terminals and warehousing facilities.
11. Lumber and wood products.
12. Printing,publishing,and allied products.
13. Electric,gas,water,and sanitary services.
14. Agricultural products and grain elevators.
15. Storage and sale of liquid or solid fertilizers.
16. Welding and other metal working shops.
17. Carpet and rug cleaning, provided the necessary equipment is installed and operated for the
effective precipitation or recovery of dust.
18. Bakeries,other than those whose products are sold at retail on the premises.
19. Carting,express,hauling or storage yards.
20. Concrete mixing and concrete products.
21. Creamery, dairy, bottling works, ice cream manufacturing (wholesale). Ice cream manufacturing
and cold storage plants. .
22. Enameling or lacquering.
23. Flammable liquids, underground-storage only, not to exceed 50,000 gallons or 25,000 gallons if
located within 200 feet of any residential use or district.
24. Laboratories-experimental,film,or testing.
25. Machine shops.
26. Manufacturing of personal and household goods,including but not limited to;
a. musical instruments,
b�------novelties;---------------------- ----- ---------
c. electrical appliances,
d. electronic devices,
27. Manufacturing of pottery and/or ceramic products,using only previously pulverized clay and kilns
fired only by electricity or gas.
28. ' Manufacturing and repair of electric signs and advertising structures.
29. Manufacturing of sheet metal products including heating and ventilating equipment.
30. Manufacturing of wood products, not involving chemical treatment, including sawmills and
planning mills.
31. Manufacturing,compounding,processing,packaging or treatment of cosmetics,pharmaceuticals.
32. Manufacturing of meat,food,and kindred products.
33. Manufacturing of textile mill products.
34. Manufacturing of apparel and other products of fabrics,leather,and similar materials.
35. Furniture and fixtures products.
36. Manufacturing of paper and allied products.
37. Manufacturing of chemicals and allied products.
38. Manufacturing of petroleum and related products.
BOONS COUNTY,IOWA ♦ ZONING ORDINANCE ♦ 2007 70
SECTION 4.17.1-1.INDUSTRIAL D/STR/CT
4.11.03 Conditional Uses:
The following uses are allowed only when Emmet County has determined that all the conditions for said
use have been met and/or that the uses present no threat to the health,safety and general welfare of the
general public and/or the natural environment.
1. Communications and television services and towers,See Section 6.07
2. Manufacturing of rubber and miscellaneous plastic products.
3. Manufacturing of metal products.
4. Manufacturing of stone,clay,cement,and glass products.
5. Auto wrecking,salvage,or junk yards provided:
A. Facilities are enclosed and located at least 150 feet from county roads and 500 feet from
state or federally designated highways.
B. Said operation shall be located no closer than 2,500 feet from any residential use.
C. Facility shall be enclosed with a solid fence not less than six feet in height and no more
than 10'feet tall.
D. Materials stored within the facility shall not be allowed to be stacked higher than the
fencing.
E. Facilities shall comply with all Federal and State regulations and permits prior to
commencing operations.
F.. In no case shall hazardous materials be stored on the premises except for motor oil and
gasoline,and other approved materials necessary to operate the facilities machinery.
G. Any violation of these conditions,additional conditions placed upon a facility,and/or the
violation any Federal and/or State regulations may cause this permit to be invalidated and
the operation to be closed.
H. Upon permanent closure of a facility, for any reason, commencement of clean up and
mitigation of all hazardous conditions shall begin and continue until the site has been
declared complete by the County,State,and/or Federal authorities.
6. Reconstruction and expansion of nonconforming residences;when possible'reconstructed structures
'shall meet new setbacks.
7. Manufacturing of photographic and optical products.
8. Animal rendering and hide curing.
9. Adult Entertainment establishments.
A. No Adult business shall be closer than 1,000 feet to any similar use and no closer-than
1,000 feet to a residential district/use, religious uses, educational uses and recreational
uses. Measurements shall be made in a straight line, without regard to intervening
structures or objects, from the main entrance of such adult business to the point on the
property line of such other adult business, residential district / use, religious use,
educational uses and recreational use.
B. Said businesses shall be screened along adjoining property lines as to prevent any direct
visual contact of the adult business at the perimeter.
C. Doors,curtains and any other means of obstruction to the opening of all booths and other
preview areas, including but not limited to Adult Novelty Businesses, Adult Motion
Picture Arcades,Adult Mini-Motion Picture Theaters, and Adult Motion Picture Theaters
shall be removed and kept off at all times during the execution of this Permit.Failure to
comply with this condition shall result in revocation of the Conditional Use Permit.
D. No adult business shall be open for business between the hours of twelve midnight and
six a.m.
E. The proposed location, design, construction and operation of the particular use
adequately safeguards the health, safety, and general welfare of persons residing or
working in adjoining or surrounding property,
F. Such use shall not impair an adequate supply of light and air to surrounding property,
G. Such use shall not unduly increase congestion in the streets or public danger of fire and
safety,
H. Such use shall not diminish or impair_established property values in adjoining or
surrounding property,.
I. Such use shall be in accord with the intent,purpose and spirit of this Ordinance and the
Comprehensive Development Plan of Emmet County,
J. Applications for adult businesses under the terms of this Section shall be accompanied by
evidence concerning-the feasibility of the proposed request and its effect on surrounding
property and shall include a site plan defining the areas to be developed for buildings and
structure, the areas to be developed for parking, driveways and points of ingress and
egress,the location and height of walls,the location and type of landscaping,the location,
BOONE COUNTY,IOWA 0 ZONING ORDINANCE ♦ 2007 71
SECT/ON 411/1-INDUSTR/AL DISTRICT
size and number of signs and the manner of providing water supply and sewage treatment
facilities.
K. An adult business shall post a sign at the entrance of the premises which shall state the
nature of the business and shall state that no one under the age of 18 years of age is
allowed on the premises. This Section shall not be construed to prohibit the owner from
establishing an older age limitation for coming on the premises.
L. Prohibited Activities of Adult Businesses:
i. No adult business shall employ any person under 18 years of age
ii. No adult business shall furnish any merchandise or services to any person who
is under 18 years of age
iii. No adult business shall be conducted in any manner that permits the observation
of any model or any material depicting,describing or relating to specified sexual
activities or specified anatomical areas by display, decoration, sign, show
window or other opening from any public way or from any property not licensed
as an adult use. No operator of an adult business or any officer, associate,
member, representative, agent, owner, or employee of such business shall
engage in any activity or conduct in or about the premises which is prohibited by
this Ordinance or any other laws of the State.
iv. No part of the interior of the adult business shall be visible from the pedestrian
sidewalk,walkway,street,or other public or semi-public area.
4.11.04 Accessory Uses:
The following accessory buildings and uses are permitted in this District.
1. Buildings and uses customarily incidental to the permitted principal uses.
2.. Temporary buildings and uses incidental to construction work, or those necessary in the event of
any emergency as determined by the Board,either of which shall be removed upon the completion
or abandonment of the construction work or emergency condition.
3. Private recreational facilities used in conjunction with the permitted use.
4. Parking pursuant to Article 6.
5'. Signs pursuant to Article 6.
4.11.05 Height and Lot Requirements: `
The height and minimum lot requirements shall be as follows:
Use Lot Area Lot Width Front Yard*Side Yard*Rear Yard* Max.Height
(acres or sq.ft.) (feet) (feet) (feet) (feet) (feet)
Permitted Uses(with private well and private septic) 3 acres 200 40 0** 10*** 45
Permitted Uses(with public water and/or public sewer 10,000 sq.ft. 60 40 0** 10***' 45
Permitted Conditional Uses 3 acres 200 40 0** 10*** 45
Accessory Uses - - 40 0** 10*** 45
* See 4.10.06 Subsection 1 below.
** Side Yard setback is 0 feet unless adjacent to a Residential District,then the setback shall be a minimum of 25 feet.
*** The Rear Yard setback shall be a minimum 10 feet unless adjacent to a Residential District,then the setback shall be a minimum of
40 feet.
4.11.06 Other Applicable Provisions:
1. No new building shall be hereafter erected or any existing building structurally altered with any
portion of said building nearer than 100 feet to the right-of-way line of an U. S. or State
designated highway and a County road and/or highway.
2. When the side or rear yard abuts a residential use or district, the outside boundaries shall be
screened with approved landscape plant materials,walls,or fencing.
3. Environmental performance standards:Any use under the provisions of this Section shall comply
with environmental performance standards relating to noise, emission, dust, odor, glare,and heat.
These performance standards are located in Section 4.10.07.
4. In no case shall a structure be constructed in the direct drainage area of a detention or retention
structure unless approved by the NRCS.
5. When two lots are established immediately adjacent to one another, the two lots'may be required
to be served by a single driveway or one access point onto any County Road as approved by the
County Engineer,or along any State and/or Federal Road as approved by the Iowa Department of
Transportation. Said access road shall be through a common easement of at least fifty feet in
BOONS COUNTY,lOWA ♦ ZONING ORDINANCE ♦ 2007 72
S£CTLON 4R.1-1.INDUSTRIAL DLSTwc-r
width. Exception to this provision is when said lots are fronting upon a dedicated road/street as
part of a subdivision.
6. No structure occupied by humans or animals shall be constructed within 400 yards of any public
use area.
4.11.07 Performance Standards:
1. Physical Appearance: All operations shall be carried on within an enclosed building except that
new materials or equipment in operable condition may be stored in the open.Normal daily wastes
of an inorganic nature may be stored in containers not in a building when such containers are not
readily visible from a street.The provisions of this paragraph shall not be construed to prohibit the
display of merchandise or vehicles for sale or the storage.of vehicles, boats, farm machinery,
trailers,mobile homes,or similar equipment when in operable condition.
2. Fire hazard: No operation shall involve the use of highly flammable gasses, acid, liquids,.
grinding processes,or other inherent fire hazards.This provision shall not be construed to prohibit
the use of normal heating fuels, motor fuels and welding gases when handled in accordance with
other regulations of local,state,and federal authorities.
3. Noise: No operation shall be carried on which involves noise in excess of the normal traffic noise
of the adjacent street at the time of the daily peak hour of traffic volume.Noise shall be measured
at the property line and when the level of such noise cannot be determined by observation with the
natural senses, a suitable instrument may be used and measurement may include breakdowns into
a reasonable number of frequency ranges.
4. Sewage and Liquid Wastes:No operation shall be carried on which involves the discharge into a
sewer, water course, or the ground, liquid waste of any radioactive or poisonous nature or
chemical waste which are detrimental to normal sewage plant operation or corrosive and
damaging to sewer pipes and installations.
5. Air Contaminants:
A. Air Contaminants and smoke shall be less dark than designated Number One on the
Ringleman Chart as published by the United States Bureau of Mines, except that smoke
of a density designated as Number One shall be permitted for one four minute period in
each one-half hour. Light colored contaminants.of such opacity as to obscure an
observer's view to a degree equal to or greater than the aforesaid shall not be permitted.
B. Particulate matter of dust as measured at the point of emission by any generally accepted
method shall not be emitted in excess of two tenths (0.2) grains per cubic foot as
corrected to a temperature of 500 degrees Fahrenheit,except for a period of four minutes
in any one-half hour,at which time it may equal but not exceed six tenths(0.6)grains per
cubic foot as corrected to a temperature of 500 degrees Fahrenheit.
C. Due to the fact that the possibilities of air contamination cannot reasonably be
comprehensively covered in this section,there shall be applied the general rule that there
shall not be discharged from any sources whatsoever such quantities of air contaminants
or other material in such quantity as to cause injury,detriment,nuisance,or annoyance to
any considerable number of persons or to the public in general; or to endanger the
comfort, repose, health, or safety of any such considerable number of persons or to the
public in general, or to cause, or have a natural tendency to cause injury or damage to
business,vegetation,or property.
6. Odor: The emission of odors that are generally agreed to be obnoxious to any considerable
numbers of persons,shall be prohibited.Observations of odor shall be made at the property line of
the establishment causing the odor. As a guide to classification of odor it shall be deemed that
strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as
associated with baking or the roasting of nuts and coffee shall not normally be considered
obnoxious within the meaning of this Ordinance.
7. Gases: The gases sulphur dioxide and hydrogen sulphide shall not exceed five parts per million,
carbon monoxide shall not exceed five parts per million. All measurements shall be taken at the
zoning lot line.
8. Vibration: All machines including punch presses and stamping machines shall be so mounted as
to minimize vibration and in no case shall such vibration exceed a displacement of three thousands
(0.003)of an inch measured at the zoning lot line.The use of steam or broad hammers shall not be
permitted in this zone.
9. Glare and heat: All glare, such as welding.ares and open furnaces shall be shielded so that they
shall not be visible from the zoning lot line.No heat from furnaces or processing equipment shall
be sensed at the zoning lot line to the extent of raising the temperature of air or materials more
than five degrees Fahrenheit.
BOONS COUNTY,IOWA ♦ ZONING ORDINANCE ♦ 2007 73
r
Applicable Law
Chapter 354 of the Code of Iowa includes provisions for the division and subdivision of
land. Section 354.9 addresses the"Review of subdivision plats within two miles of a city."
Subsection two (2) includes the following provision:
Section 354.9(2). "...Either the city or county may, by resolution, waive its
right to review the subdivision or waive the requirements of any of its
standards, or conditions for approval of subdivisions, and certify the
resolution which shall be recorded with the plat."
Provts�on on criteria for review
Chapter 23 of the Municipal Code includes provisions for the subdivision of land in Ames
and within two (2) miles of the corporate limits. Section 23.103 addresses
"Waiver/Modification." Subsection (1) reads as follows:
Section 23.103 (1). "Where, in the case of a particular subdivision, it can be
shown that strict compliance with the requirements of the Regulations would
result in extraordinary hardship to the Applicant or would prove inconsistent
with the purpose of the Regulations because of unusual topography or other
conditions, the City Council may modify or waive the requirements of the
Regulations so that substantial justice may be done and the public interest
secured provided, however, that such modification or waiver shall not have
the effect of nullifying the intent and purpose of the Regulations. In no case
shall any modification or waiver be more than necessary to eliminate the
hardship or conform to the purpose of the Regulations. In so granting a
modification or waiver, the City Council may impose such additional
conditions as are necessary to secure substantially the objectives of the
requirements so modified or waived."
5
CAFAPPROVAL
SS BK SL
DM r' JP
To be sent to:
Larry Curtis
Pasley & Singer Law Firm
323 Sixth Street
P.O. Box 664
Ames, Iowa 50010