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HomeMy WebLinkAbout~Master - Planning and Zoning Commission Minutes 11/16/2022MINUTES OF THE CITY OF AMES PLANNING AND ZONING COMMISSION AMES, IOWA NOVEMBER 16, 2022 The Regular Meeting of the Planning and Zoning Commission was called to order by Chairperson Mike Clayton at 7:03 p.m. on November 16, 2022, in the Council Chambers at 515 Clark Avenue. Commission Members present were Julie Winter, Mike Sullivan, Jon Emery, Michael Clayton and Mike LaPietra. APPROVAL OF THE AGENDA: Moved by LaPietra, seconded by Emery, to approve the Agenda for the meeting of November 16, 2022 Vote on Motion: 5-0, Motion passed APPROVAL OF THE MINUTES OF THE OCTOBER 19, 2022 MEETING: Moved by Winter, seconded by Sullivan, to approve the Minutes of the October 19, 2022 meeting Vote on Motion: 5-0, Motion passed PUBLIC FORUM: Chairperson Clayton opened public forum and closed it when no one came forward to speak. PUBLIC HEARING FOR THE REZONE WITH MASTER PLAN FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF G W CARVER AVENUE AND CAMERON SCHOOL ROAD (THE BLUFFS AT DANKBAR FARM) City Planner Julie Gould presented the staff report. Ms. Gould stated the developer, Friedrich Land Development and R Friedrich & Sons, has been working with the City toward the development of the site since 2017. The site is zoned RN-3 which allows for larger lot subdivisions, and six acres of land have been assigned as commercial. No additional growth is expected to the north or west of the site at this time. The rezoning request is proposing for 20 acres to remain agricultural, 9.8 acres to be FS-RM, and the remaining 75 acres to be FS-RL. The Master Plan shows the development to be in compliance with the density requirements for the zoning types. The Master Plan does not show any development for the land zoned agricultural, however, there is a possibility for the area to be used for a religious institution; if that were to happen, the item would come before the commission for consideration as a rezoning or as a special use permit to the Zoning Board of Adjustments. Ms. Gould pointed out the Scenic Valley development south of the site and said Cartier Avenue will continue to the west and Everest Avenue will continue to the north , and the development will have two access points on Cameron School Road. Ms. Gould said the annexation agreement between the City and the developer addresses a future stop light, connections, road improvements for turn lanes, and an access point on George Washington Carver. The annexation agreement also limits the number of dwelling units to 171 because of sewer capacity. Since the time of the agreement, however, more sewer capacity has been shown to be available than originally thought which will allow for more than 171 units. The FS-RM areas will have single-family attached homes and the FS-RL will have single-family detached homes. There is a flood plain area on the southwest side 2 of the site that staff recommends having an O-E Overlay designation. There are also mature trees along the property line and those that are not of great quality will be removed. Staff is recommending approval with two conditions: one is to put a note on the Master Plan that acknowledges the annexation agreement and that the developer will comply with it as they move forward, and two, add the Environmentally Sensitive Overlay zoning to the floodway area of the site. Julie Winter asked if single-family attached means having a shared wall. Ms. Gould confirmed it does mean a shared wall. Planning Director Kelly Diekmann added it could also mean townhomes or more than a two-family home. Michael Clayton asked if the road running southeast to northwest will be a cul-de-sac. Ms. Gould said it will be a cul-de-sac as it is not planned to connect. Mr. Clayton also asked if there are requirements for surface water retention and if there would be changes to the drainage in the adjacent lots. Ms. Gould said the developer will have to comply with Chapter 5B, the Stormwater Management Code, and in the annexation agreement, the developer has agreed to work with staff on the new state code requirement for nutrient reduction, and there should not be any change in drainage or impact to adjacent lots. Mike Sullivan asked what requirements are included in the Environmentally Sensitive Overlay. Mr. Diekmann said it requires any disturbance within the area (floodplain, steep slopes, wooded areas, any type of natural feature) to be subject to approval by the City which can be done as part of a Preliminary Plat review. If there is no Preliminary Plat, it would go City Council for review, and in this case, staff is recommending to follow the way it was done with the Scenic Valley development. Jon Emery asked if retention ponds and outlots would be decided on later. Mr. Diekmann confirmed they would be reviewed during the subdivision phase. Ms. Winter addressed the large trees in the area and asked if there is precedent from the City to do a conservation easement to protect them. Mr. Diekmann said yes, and that The Reserve and Scenic Valley developments are conservation easement models. Greg Broussard with Bolton & Menk, representing the developer, addressed the Commission. He said it is their intention to install a cul-de-sac in the northwest corner; he spoke about the plans for storm water management; and he stated they had a full environmental assessment done on the property and will protect and preserve as many quality trees as possible in the southwest corner. Mike LaPietra asked about not hooking the street up with the other cul-de-sac in the area. Mr. Broussard said with the way it was platted, there is not a good way to get to it and they would have to work with adjacent property owners, plus, the developer likes the idea of a cul-de-sac on the end. He added the design is only conceptual at this stage and it has not been finalized. PUBLIC COMMENTS: Chairperson Clayton opened public comments and closed it when no one came forward to speak. 3 Ms. Winter asked if apartment buildings up to 12 dwelling units would be allowed in the FS-RM area and if there are plans for that. Mr. Diekmann said what the zone allows versus what the Master Plan shows are two different things: FS-RM allows for apartments of a density up to 22 units per acre in a maximum building size of 12 units per building. The Master Plan has labeled the medium density residential use as single-family attached, and staff is supporting single-family attached. Mr. Emery asked if notices were mailed out for this meeting. Mr. Diekmann said they were mailed out and he discussed the lack of people in the audienc e based upon prior notices. Mr. Emery also asked if there was going to be a roundabout near the development. Mr. Diekmann stressed there will not be a roundabout; there will be a traffic signal in the future at Cameron School Road. Moved by LaPietra, seconded by Sullivan, to approve Alternative 1 which states: The Planning and Zoning Commission can recommend that the City Council approve the request to rezone 85.62 acres, portion of a larger site known as The Bluffs at Dankbar Farms from “A” Agricultural to “FS-RL” Suburban Residential Low-Density and “RM” (Suburban Residential Medium -Density) with a Master Plan and; A. Add the Environmentally Sensitive Overlay (O-E) to the rezoning description of the project to include Flood Way. B. Add note reflecting a reference to annexation agreement. Vote on Motion: 5-0, Motion passed NORTH DAYTON URBAN RENEWAL PLAN CONFORMITY FINDING City Planner Justin Moore presented. He stated there is a proposed Urban Renewal Area and Plan for 73 acres along North Dayton Avenue at 2105 and 2421 Dayton Avenue for a future industrial subdivision. He explained that the Commission is tasked with reviewing and recommending accordingly the proposed plan as to conformity with the general plan for the development of the municipality to the City Council. Mr. Moore said the Commission would be looking for conformity to the Comprehensive Plan and stated the area would be considered a small lot industrial development ; it sits a fair distance from any existing residential neighborhoods; and it is contiguous to the existing built city and existing city limits. The intent is to provide an incentive for economic development . The developer will install all of the public improvements to City standards to create the subdivision and for those qualifying public improvements, the City will give a reimbursement to the developer through annual tax increment financing payments. Jon Emery asked if the City would incur additional debt with a general obligation bond for the buildout; Mr. Moore replied the City would not incur any additional general obligation bond debt. Mr. Moore said with regard to indebtedness, the implication is when the City collects the annual tax revenues, based on the TIF agreement with the developer, the City will owe a certain increment of tax revenue to the developer for the public improvements they installed. Mr. Emery asked if the City would be paying for the utilities. Mr. Moore clarified that the City would be reimbursing the developer for the installation of the infrastructure. Mr. Diekmann further clarified that the City is giving tax increment financing 4 (TIF) to the developer; the City is not securing debt to pay the developer to do a nything. City revenues are not being used to pay the developer; the payment comes from the value of development of the property. If there is no development, then the City pays them nothing. If development happens, it would generate tax revenue which goes to the developer for the defined amount in the development agreement. Mr. Diekmann said the model is less risk for the City, and the agreement is for 10 years of payment to the developer up to a defined limit. Ms. Winter asked if the area meets the definition of Urban Renewal Area under Iowa Code. Mr. Diekmann said it does for economic development purposes which is allowed on land within the city. PUBLIC COMMENTS: Chairperson Clayton opened public comments and closed them when no one came forward to speak. Moved by Sullivan, seconded by Winter, to approve Alternative 1 which states: The Planning and Zoning Commission can make a determination that the proposed Urban Renewal Plan is consistent with the Ames 2040 Comprehensive Plan for the reasons enumerated in the Plan and have staff forward the determination to the City Council. Vote on Motion:5-0, Motion passed ZONING TEXT AMENDMENT FOR HOME OCCUPATIONS City Planner Benjamin Campbell presented the staff report. Mr. Campbell said that earlier in the year, the State passed a law pertaining to how cities regulate home-based businesses (home occupations). The new regulations pre -empt local law and limit how the City can regulate home occupations, particularly regarding “no impact” businesses. The current City Code has a list of uses and criteria for home occupations with some uses being reviewed by staff, others reviewed by the Zoning Board of Adjustment, and a list of prohibited uses. The new State law does not allow cities to regulate home-based businesses by use, but does allow them to regulate by intensity of use and potential impacts to a neighborhood, i.e., parking, noise, pollution. The new law defines a “no- impact” home-based business as one that is operated within a building or yard out of view of surrounding properties and does not create any negative impacts on the surrounding neighborhood. For businesses classified as “no-impact”, the City cannot require a permit of any sort or additional review, as it is allowed by right , however, the City can respond to received complaints and enforce the regulations. Mr. Campbell said the major changes to the Code proposed by staff are: an increase in the amount of the dwelling unit floor area; business activity is allowed in a yard if screened by a 6-foot high fence; clarifying the parking criteria; establishing set hours of 6:30 a.m. - 7:00 p.m. for off-site employees; setting a new maximum occupancy for employees and clients; and expanding the list of prohibited uses. Daycare regulations have been removed from the home occupations section of the Code and moved into a new separate section. 5 Mr. Sullivan asked if moving Childcare to a different section is allowed by State law. Mr. Diekmann said it is allowed and if not moved to its own section, the City would be precluding daycares. The new ordinance structure is more permissive and will allow more allowances for daycares. Mr. Campbell said state law does not require daycares to be treated as home occupations; the City’s code treated them that way previously. Mr. Sullivan asked how the changes will affect existing uses. Mr. Campbell said any existing permits can continue to exist so long as they are complying with the new regulations. Mr. Diekmann added almost all of the proposed criteria is equal to or slightly more permissive than the prior standards, except for defining the hours of operation. Ms. Winter summarized that moving forward it would be a complaint-based system, prohibited uses would not be allowed, and the City would no longer take permits. Mr. Campbell confirmed and said complaints or code violations will be enforced by the Inspection Division. PUBLIC COMMENTS: Chairperson Clayton opened public comments and closed it when no one came forward to speak. Moved by Winter, seconded by LaPietra, to approve Alternative 1 which states: Recommend that City Council amend the home occupation regulations as presented in Attachment C. Vote on Motion: 5-0. Motion passed. ZONING TEXT AMENDMENT TO ALLOW A 20% REDUCTION IN REQUIRED PARKING FOR CERTAIN COMMERCIAL AND INDUSTRIAL USES ON SITE S WITH MORE THAN 100 PARKING STALLS City Planner Justin Moore presented the staff report and stated the r equest came to the City from Strand and Associates on behalf of a regional furniture store operator. The initial text amendment request from City Council was to change the current parking rate from 1 space per 500 square feet to 1 space per 750 square feet. Staff proposed a broader option for a more comprehensive change to the parking standards that would address issues that staff has run into with developers in the past and proposed a reduction in parking in commercial and industrial uses in base zones where a building has so much parking that it is not needed or wanted. Mr. Moore said the change is beneficial as it provides an opportunity to reduce impervious area; there are storm water benefits; some cases will have the possibility to keep the overall footprint down across the city; and there is the ability to allow for a larger building with less parking and not have the requirement of a larger parcel of land. Mr. Moore continued by saying the proposal is to add a provision to the parking standards whereby the Planning Director, if requested by a developer or property owner, can waive up to 20% of required parking if the parking lot exceeds 100 stalls in size. The City currently has other reduction allowances which would be applied after the 20% reduction is applied: a 10% reduction in parking is allowed if there is a proportionate increase in landscaping, and a small reduction in parking is allowed if bicycle parking is added. Staff also plans to handle existing sites that build additions in that when an addition is done, 6 they must exceed 100 stalls on site before the reduction could be applied; joint use and remote parking agreements will be looked at on a case-by-case basis. Mr. Emery asked if potential overflow parking would affect residential neighborhoods. Mr. Diekmann said it would not as the parking lots that the reduction applies to are large commercial and industrial sites that are not in residential areas. Ms. Winter asked if staff would have the ability to deny a request from a developer if staff thought their use needed more parking. Mr. Diekmann said with the way the amendment is worded, it does not provide any criteria and it is written to be non -discretionary. Ms. Winter said she is generally in support of the proposal. Mr. Diekmann clarified that the result might not be less paved space; it might result in a more efficient use of building area on a site and some sites will have less paving because they do not want it, but the amendment might also facilitate the construction of a larger building on a site. PUBLIC COMMENTS: Chairperson Clayton opened public comments and closed it when no one came forward to speak. Moved by LaPietra, seconded by Sullivan to approve Alternative 1 which states: Recommend that City Council approve an allowance to reduce required parking by up to 20% for nonresidential uses within commercial and industrial base zone districts (excludes Special Purpose Districts) that require more than 100 parking spaces provided such allowance does not reduce the number of parking spaces below 100. Vote on Motion: 4-1. Motion passed. COMMISSION COMMENTS: None STAFF COMMENTS: Mr. Diekmann said The Linc project on Lincoln Way is going to be moving forward. MOTION TO ADJOURN: Moved by Emery to adjourn the meeting. The meeting adjourned at 8:23 p.m. ________________________________ ____________________________________ Mike Clayton, Chairperson Eileen Carter, Recording Secretary Planning & Zoning Commission Department of Planning & Housing