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HomeMy WebLinkAboutA004 - Council Action Form dated July 23, 2025Item #: 2 Date: 07/23/25 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: July 18, 2025 MEETING DATE: July 23, 2025 APPLICATION: APPEAL OF A DECISION OF THE ZONING ENFORCEMENT OFFICER (Planning Director) REGARDING RV PARKING AND STORAGE FOR A PREVIOUSLY APPROVED EVENT PARKING VARIANCE FORTHE PROPERTY AT 1400 SOUTH 4TH STREET. APPELLANT: Lynn & Lee Ballard, property owners of 1400 South 4th Street, dba Ballard Properties LLC. Appellant information is included as a separate document with the report. The Appeal is of the interpretation of standards of an approved 2006 Variance in relation to standards of Chapter 29 (Zoning) of the Ames Municipal Code regarding the allowance of a seasonal RV parking during multiple months during the fall football season. The appellant asserts that RV parking for multiple months during football season is allowed and has been permitted based on past practice. The Zoning Enforcement Officer, the Planning Director, determined that vehicle (including RVs) parking is not permitted beyond 72 hours in relation to game day parking on the day of a game or during the time of other special events. Keeping of vehicles beyond 72 hours would constitute storage per the standards of the Zoning Ordinance. (See Attachment A). The Appeal is based on the appellants claim that they have the right to park and keep RV’s continuously on their property for multiple months during football season, typically late August through November, based on past practice. Through communications with the appellant, they would like to allow for approximately 20-30 RV’s to be parked on site during football season for months at a time. The appellant has not applied for new permits for this activity with the City. The appeal is in response to correspondence that the use is not allowed. BACKGROUND: In October of 2024 The Planning Director notified the appellant in writing that RV parking had been observed on 1400 South 4th Street for an ongoing period of time that spanned multiple months. Staff had observed multiple RV’s stored on the site during the months of September through October 2024. With no Haunted Forest operation on site the parking of RVs was very apparent, including associated incidental items stored with the RVs. The Planning Director noted the vehicles needed to be removed as the keeping of them on site in excess of 72 hours exceeds the definition of parking and becomes storage, which is not permitted on the site. The owner acknowledged receipt of the notice via email and there was agreement that the vehicles would all be removed by the end of November, which corresponded with the end of football season. Staff noted that the use would not be allowed going forward. Staff has had discussions with the appellant over the last several months regarding staff interpretation of the zoning ordinance relating to the RV activity on site and also of a past Decision & Order from a 2006 Variance (See Attached). The site is currently zoned Agricultural (A) zone. The site is also located in the Environmentally Sensitive Overlay (O-E) and is located entirely in the Floodway portion of the 100 -year Floodplain. A new permit for use of the site for commercial parking or RV storage is not allowable within the A zoning district. The appellant indicated to staff that they had parked RVs on site for many years and thought it was allowed despite staff’s references to t he 2006 variance, thus the appeal of the staff determination. The history of the site and the 2006 variance are tied back to multiple aspects of use and improvements to the site. The site has a history of use for game day parking. The site used to host the Haunted Forest event every fall. Prior to 2006, temporary approvals had been granted in 1999 and 2000 for use of the site , but a variance was approved in 2006 to address use of the site consistent with a general site plan and description of the activities and timing of use on the site. See the D&O (Case#06 -09) and Minutes of the meeting. Essentially, the variance legitimized the gameday parking activity on unpaved surfaces along with allowing the Haunted Forest with unpaved parking. There was an associated Conditional Use for the Haunted Forest as a use within the Floodway. The 2006 variance allowed for no significant site improvements, such as paving of driveways and parking area as would normally be required and permitted the parking of vehicles in relation to events. No other permits have been required of the site since 2006, except for flood plain permits when applicable. Temporary parking, as allowed by the 2006 variance, is allowable within a floodway. The Haunted Forest was discontinued after 2023 and did not operate in 2024 as the owner declared it will no longer occur and has since not taken place on this site. The Director initial decision concerning parking of RVs occurred in October 2024. During the winter of 2025 the owner sought approval of special events for the site. The City Council did approve an allowance for two temporary special event permits within non - residential zoning district, which then applied to this site. As a result, the site hosted the Renaissance Fair that occurred earlier this year. The owner had also requested that the City Council consider a zoning text amendment to allow for the long -term parking of vehicles, including RVs, to accommodate his interest of allowing vehicles on site throughout football season. The City Council chose to not initiate a zoning text amendment earlier this year for the requested use. BASIS OF DEPARTMENT DECISION: The Zoning Ordinance includes specific language regarding parking and storage. Additionally, staff did not find records in 2006 of the Board approving any long term parking for the site. The Site Plan with the permit discussed keeping a trailer/RV on site for the Haunted Forest and referenced parking for events. Staff determined that extended RV parking/storage on site, apart from parking on game days or individual events on the day of the event, is currently allowable. Staff points out the following factors which lead to this conclusion: • The Zoning Ordinance allows parking of Recreation Vehicles (RV’s) for no more than 72 hours on a given site where not otherwise explicitly authorized. After 72 hours the activity then becomes storage as classified by the Zoning Ordinance and is subject to site review and permitting for zoning, floodplain and environmental. The appellant in this case does not have permits for that activity. (Ordinance references are below) • The appellant claims they have been allowing extended RV parking for many years or decades in a manner similar to fall of 2024. Staff did not find record of this in the discussion of the cases with the ZBA, other similar vague references that parking had occurred on the property for quite some time in relation to football. The appellant did not provide specific evidence supporting a “nonconforming status” of RV parking that exceeds the language of the 2006 variance. In looking at aerial images from the September through November months , when available, in years prior to 2024, there does not appear to be a pattern of extensive RV parking in a manner that resembles what was observed in 2024, which included many RVs on the south and north perimeters of the site. The only consistent observable longer term RV storage staff can find is occasionally a RV on site for an attendant of the Haunted Forest which was allowed under the 2006 parking Variance specific to the Haunted Forest. • The past Decision & Order from a 2006 Zoning Board of Adjustment issuance (Case #06-09 Attachment B) of a parking Variance for this site states that a parking Variance is only issued for the formerly held ‘Haunted Forest’ relative to Haunted Forest activities –or- Special Events at the Stadium or surrounding area. (Jack Trice, Hilton, etc.) Nothing in the 2006 Decision & Order indicates that long-term RV storage is otherwise allowed. • The parking area on site from the 2006 Decision & Order is restricted to that of the site plan and specific use associated with the Variance at that time. Any new parking configuration and for a period of time for different reasons than what is explicitly stated on the Decision & Order in 2006 must be seen as a new site plan and a new Variance, such as the appellants desire to park RV’s during multiple months. Even the change of location of parking on the site would be a modification of the 2006 variance. The determination by the Planning Director (See Attachment A), in the email dated October 31st, 2024 reads as follows in this excerpt of the email: “However, at this time I am writing to you in regard to the RV storage that has been ongoing at the property since August. You should be aware that the site does not have appropriate zoning or an approved permit for the storage of RVs and trailers. One of my Planners, Justin Moore, had also mentioned this in a conversation with you in September that RV storage is not an allowable use for the site. In addition to storage, a number of other features added to the site do not comply with our flood plain regulations. Regardless of the Renaissance Fair request, the site needs to have the storage of vehicles, trailers, RVs and other appurtenances discontinued and removed from the site. I am setting a timeframe of two weeks for removing these items, i.e. November 14th would be the date for compliance. Please confirm to us that you can achieve compliance in this timeframe. After November 14th, you would be subject to a potential Municipal Code citation for use of the site in violation of the Zoning Ordinance.” The relevant Sections of Chapter 29 (Zoning) are described below. Staff points out these factors because they all relate to the concept of parking and storage which include how recreational vehicles such as RV’s are viewed in light of the standards. Relevant Ordinance Sections Section 29.161 Outdoor Storage means the outdoor keeping of any goods, material, merchandise, vehicles, or other items for more than 72 hours, not including solid waste. However, parking of vehicles accessory to residential uses for more than 72 hours shall not be considered outdoor storage. Section 29.164 Parking, Accessory means the parking of vehicles of the residents, customers, guests, employees, or owners of a site, not including vehicles for sale by the owner or tenant of the site. Accessory parking outdoors for more than 72 hours is considered outdoor storage as defined in this chapter. However, parking of vehicles accessory to residential uses for more than 72 hours shall not be considered outdoor storage. Section 29.188 Recreational Vehicle means a vehicular type of portable structure without permanent foundation which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping, and travel use, and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. Section 29.264 Vehicle Storage means the keeping of vehicles, including but not limited to commercial vehicles, equipment, recreational vehicles, trailers, semitrailers, junked vehicles, and mobile homes, as a characteristic attribute of a defined principal use, (e.g., parking associated with a towing company, or with a vehicle service facility). Vehicle storage does not include accessory or commercial parking as defined in this chapter and does not include parking associated with sales or leasing of vehicles. Vehicles stored outdoors for more than 72 hours are considered outdoor storage as defined in this chapter. BASIS FOR APPEAL OF DECISION: The appellant’s ability to appeal a decision of the Planning Director is given in Chapter 29.1403(8)(a) as an aggrieved party. The appellant believes the Planning Director has incorrectly interpreted Chapter 29 (Zoning) and the thereby the 2006 Variance by determining that the appellant cannot allow RV’s to be on site for several months at a time. The appellant claims they have had RV’s and campers left on site during the ISU football season since 1975 and that it has been common practice. The appellant asserts that they have the right to allow RV storage on site due to past practice and precedent of activities on the site since 1975. Staff notes that in the past if incidental keeping of RVs occurred on the site without complaint or citation by the City, it does not establish a continued right of use that does not comply with zoning. DETERMINATION BY THE ZONING BOARD OF ADJUSTMENT: The Zoning Board of Adjustment is authorized to consider an appeal of an administrative decision per 414.12 of the Code of Iowa to determine if there was an error. The appeal process is not an exception or variance process; it is an interpretation of zoning standards that apply uniformly across the City and in this case the terms of the Variance that was approved for the site. The Board must determine there was an error in the interpretation by the Planning Director that the appellant does not have the right to park and store RV’s on their site for long periods of time during football season. At issue is not the appropriateness or adequacy of the standards, only if staff made an incorrect interpretation. ALTERNATIVES: 1. As an appeal, the ZBA would need to approve the appeal and overturn the Director’s decision with three affirmative votes, thereby: A. Approving the appeal and find that the Planning Director erred and that the appellant is able to park and store RV’s on site consistent with the allowances of the 2006 variance, including but not limited to, timing and locations, and with the interpretation that no more than 25 RV’s can be stored at any one time between from August 30th to December 1st only. 2. The ZBA may continue the item and request additional information. 3. The Director’s decision will stand as is with ZBA denial of the appeal or with less than three votes to overturn the decision. STAFF COMMENTS: The appellant asserts that there is an error by the City of Ames administrative official for determining the meaning and interpretation of the Zoning Ordinance in the enforcement of Chapter 29 of the Ames Municipal Code. Specifically, regarding the ability to park and store RV’s on site at 1400 South 4th Street for several months during the fall football season. Staff has reviewed the Zoning Ordinance standards and past Decision & Orders for 1400 South 4th Street from the early 2000’s and a final Decision & Order from a Variance for parking in 2006 from the Zoning Board of Adjustment. Staff cannot find evidence or a basis for the appellant being able to have RV’s stored on site between football games for months a time during football season. No permit or record explicitly allowing it has been found. Further staff can only find that any long-term storage approval on the site had been specific to the Haunted Forest activity only. The Haunted Forest has been discontinued since 2023. In the case of the Haunted Forest no storage was allowed on site that resembled up to 30 RV’s at a time. With the end of the Haunted Forest use, it became apparent to staff in fall of 2024 that use of the site with storage of RVs had expanded in relation to gameday parking, which resulted in the notice that storage was not allowed. Therefore, it is the recommendation of the Planning Director that the Zoning Board of Adjustment deny the appeal. Attachment A- Planning Directors Decision Attachment B- Decision & Order 06-09 and Minutes Attachment C- Appellants Appeal Letter (Attached In Packet) Location Map