HomeMy WebLinkAbout~Master - Planning & Zoning Minutes 03/21/20121
MINUTES
CITY OF AMES
PLANNING AND ZONING COMMISSION
Date: March 21, 2012 Debra Lee 2012
Chuck Jons 2012
Call to Order: 7:00 p.m. Elizabeth Beck, Chairperson 2012
Norman Cloud , Vice-Chairperson 2013
Place: Ames City Hall Mark Stenberg 2013
Council Chambers *Jeff Johnson 2014
*Troy Siefert 2014
Adjournment: 7:42 p.m.
*Absent
MAJOR TOPICS DISCUSSED:
1. Zoning Ordinance Text Amendment Pertaining to where Delayed Deposit Service
Businesses can be Located
2. Zoning Ordinance Text Amendment Concerning Definition of “Story”, and Related Terms
____________________________________________________________________________
CALL TO ORDER: Elizabeth Beck, Chairperson, called the meeting to order at 7:00 p.m.
APPROVAL OF AGENDA:
MOTION: (JONS/CLOUD) to approve the Agenda for the meeting of March 21, 2012.
MOTION PASSED: 5-0
APPROVAL OF THE MINUTES OF THE MEETING OF FEBRUARY 1, 2012:
MOTION: (CLOUD/STENBERG) to approve the Minutes of the meeting of February 1,
2012.
MOTION PASSED: 5-0
____________________________________________________________________________
PUBLIC FORUM: There were no public comments.
____________________________________________________________________________
Zoning Ordinance Text Amendment Pertaining to where Delayed Deposit Service
Businesses can be Located
Brian Phillips, Project Coordinator, City Manager’s Office, gave an overview of the proposed
amendment to the Zoning Ordinance. In September of 2011, the City Council directed staff to
draft an ordinance “as restrictive as legally possible” to limit the locations in which payday
lenders could operate.
Staff is aware of seven existing payday lenders in Ames. Under the current zoning code payday
lending is considered Office Use and is permissible in any commercial base zone. Currently in
Ames there are 794 existing parcels in commercial zones where payday lenders could locate.
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Regulating and licensing payday lenders are powers reserved by the state. However, cities can
determine the conditions and locations in which commercial activity occurs. A zoning ordinance
that totally excludes a particular business from an entire municipality must bear a more
substantial relationship to the public health, safety, morals and general welfare than an
ordinance which merely confines that business to a certain area in the municipality.
In Ames, zoning restrictions have been imposed for specific uses that have an adverse impact
on public health and welfare. For example, adult entertainment businesses may not be located
within 1,000 feet of residential zones or each other.
For activities that are not constitutionally protected, such as payday lending, it is permissible to
pass any number of conditions—even if that creates no area of the City where such an activity
is allowed—as long as each condition adopted can be shown to tie back to a substantial impact
on public health, safety, and welfare. Such rationales used by other communities include
eliminating or reducing negative effects associated with that economic activity. Ames would not
necessarily have to have experienced those negative effects; evidence that other cities have
experienced negative effects may be cited as justification for each condition.
In response to the City Council’s direction, staff drafted a text amendment that would add
payday lenders, or “delayed deposit services,” to the list outlining additional requirements for
specific uses. The section defines delayed-deposit services and requires that they not be
located:
• Within 1,000 feet of other existing delayed deposit services
• Within 1,000 feet of residential zones
• Within 1,000 feet of schools, daycares, and parks
• Within 1,000 feet of any arterial street
• Within Highway-Oriented Commercial or Gateway Overlay zones
Violation of these provisions would be a municipal infraction. If adopted, the conditions of this
text amendment would not permit new payday lenders in any existing parcels.
The payday lenders that already exist would be able to continue operation. Based on their
locations, all would become nonconforming uses, and therefore could not be enlarged or
increased in intensity unless certain conditions were met and a Special Use Permit were
granted by the Zoning Board of Adjustment.
Chuck Jons asked for clarification for why the City is pursuing this amendment.
Mr. Phillips said the reason this ordinance is before the Commission is because it was directed
by Council. In other communities there has been a concern of the practices of payday lenders
such as very high interest rates. And even though the City does not have the power to regulate
those practices or set interest rate caps, the City can put restrictions on when and where that
type of activity can occur. Within the Commission Action Form is language from a Commission
hearing in Des Moines describing some of the ill effects that they have associated with payday
lending that includes clustering in certain neighborhoods and promulgating, which tends to
choke out other types of businesses.
Doug Marek, City Attorney, stated that there have been national studies done that have
associated a proliferation of delayed deposit service companies with general degradation of
neighborhoods. He listed three issues that were the basis for findings in other jurisdictions: (1)
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problems caused by clustering; (2) incompatibility with other uses (i.e. schools, day cares,
parks, etc.); and, (3) determining if there is a need for these precise services and if there is an
alternative source for those services. Some communities, while enacting zoning ordinances that
are restrictive, have taken steps to encourage traditional banks and credit unions to have
programs available to those that don’t regularly have accounts so that they have a place where
they can cash checks and/or get short term loans at a more reasonable cost.
Mr. Marek went on to explain that there is a difference between the payday lending types of
businesses and other types of restricted uses through time, place, and manner of business
regulations. Adult-oriented businesses are subject to pretty severe regulation in most
jurisdictions, and some courts have found that there is a protected constitutional speech right
that is impacted by the limitation of those. Those same protected constitutional protections have
not been found to apply to the money service businesses. If the Council moves forward with the
adoption of this, it would be incumbent upon them to have a basis for finding that there is a
rational relationship between each of these types of restrictions in each of the locations to a
legitimate public health, welfare, and safety benefit, which other jurisdictions have succeeded in
doing.
Mr. Jons said the restriction pertaining to arterial streets seem to be out of context with the other
four. He then asked what constitutes an arterial street.
Mr. Phillips explained that the Iowa Department of Transportation defines what an arterial street
is and has a map that identifies which streets are arterial, collector, or local. He said we thought
that particular restriction would be defensible since it was a restriction used in other
communities in Iowa.
Mr. Marek said part of the justification in other locations is the general visual impact on the
character of a main thoroughfare. There are many places where there is a proliferation of these
types of businesses that are located in run down areas. The windows tend to be cluttered with
signs, there is not good sight from the street into the business, and it’s not very inviting or
attractive.
Elizabeth Beck asked for clarification that this amendment would not allow any new payday
lender businesses.
Mr. Phillips replied that there is no place within the current confines of the city of Ames where a
payday lender would be able to legally locate under these restrictions.
Norman Cloud asked for clarification that the existing businesses would be grandfathered in and
allowed to operate. He then asked if there is any licensing that they have to renew in the future.
Mr. Marek said there are no licensing requirements at the city level but there are regulations for
these types of businesses at the state level. He clarified that the existing businesses can stay as
long as the use remains.
Ms. Beck asked how the businesses will know if this amendment passes that they are protected
as a nonconforming use.
Mr. Phillips said through the nonconforming use language in the Municipal Code.
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Mr. Jons asked if there are any legal ramifications as members of the Commission if this
decision would become contested.
Mr. Marek said individually no. And since the Commission is a recommending body to the City
Council the decisions on its recommendations would not be binding.
Steve Osguthorpe, Director, explained that the role of the Commission is to be a recommending
body to the City Council. The Council depends upon the Commission to basically do the
research and look at projects from a citizen’s perspective and through collective reasoning. The
Council can, however, make its own decisions regardless of the Commission’s
recommendation.
Mark Stenberg asked if this amendment would apply to a business that included both a pawn
shop and payday lending if the payday lending is not the primary business.
Mr. Marek said if a pawn shop that also does payday lending wants to move to a different
location but continue as the business they could do that; they just couldn’t move the payday
lending portion of the business to the other location. The payday lending business can continue
as long as they stay in the location that they are in.
MOTION: (JONS/CLOUD) to accept Alternative #1, which states:
The Planning and Zoning Commission recommended that the City Council adopt
the language as proposed, creating a separate land use for delayed deposit
service provides and enacting prohibitions against their locating in Highway-
Oriented Commercial or Gateway Overlay Zones, or within 1,000 feet of certain
specified facilities.
Ms. Beck noted the correction in section 2 of the proposed amendment to change the
word ‘of’ to ‘or’.
MOTION PASSED: 5-0
____________________________________________________________________________
Zoning Ordinance Text Amendment Concerning Definition of “Story”, and Related Terms
Steve Osguthorpe, Director, gave an overview of the proposed amendment to the Zoning
Ordinance.
At staff’s request, the City Council referred this item for a possible zoning ordinance text
amendment to develop a definition of “story” that reflects the intent of the zoning code in
regulating setbacks and building heights according to the number of building stories.
In response, staff presented to both the Commission and the City Council an amendment that
essentially reflected the definition in the Building Code that the Inspections Division has applied
to past projects, and therefore best reflected past practice. However, on December 13, 2011,
the Council directed staff to come back with alternatives that would address the issue of building
height in the downtown as it pertains to the number of stories and that would resolve the issue
of nonconforming buildings in the downtown.
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Staff believes that the proposed definition reflects the intent of the zoning code in terms of both
downtown building design and setbacks in residential and hospital/medical zones. It would
reasonably reflect how the term “story” has been applied on past residential projects as defined
in the building code without reliance upon complex formulae. It puts tall buildings with few floor
levels on par with the similar height buildings with multiple floor levels, thereby providing a more
flexible means of meeting requirements pertaining to minimum number of stories in the
downtown. Finally, staff believes the proposed increment of 14 feet, along with the rounding
provisions described, strikes the appropriate balance between the objectives of ensuring
minimum building height in the downtown, and the objectives of requiring increased setbacks in
residential and hospital/medical zones when buildings reach a certain height.
MOTION: (STENBERG/JONS) to accept Alternative #1, which states:
The Planning and Zoning Commission recommended that the City Council adopt
the language as proposed, adding the above definitions of “story” and
“basement” to Section 29.201 of the Zoning Code.
MOTION PASSED: 5-0
____________________________________________________________________________
COMMISSION COMMENTS: Chuck Jons said it has been a great journey and has enjoyed
working with everyone that has been on the Commission over the years.
Debra Lee said it has been nice to get to know and work with both Chuck and Liz. She further
stated that she thought the joint meeting between the Commission and the Council last night
went well, and appreciated the opportunity to meet with the Council.
Elizabeth Beck said her time on the Commission has been fun, interesting, and a learning
experience. She said being on the Commission has pushed her in terms of having to make a
decision and then know that she had to defend her decision in public, and has no regrets on any
of the decisions she has made.
Norman Cloud said he is going to miss both Chuck and Liz. Chuck has the ability say we’ve had
enough discussion and it’s time for a motion, and Liz has done a good job of guiding the
Commission.
Mark Stenberg said although he voted in favor of the amendment for the payday lending item,
he is somewhat uncomfortable with it because it can be difficult for any governing body to
dictate what businesses will survive. Essentially we are saying that these businesses are not
welcome in Ames. On the other hand, he said he would rather see it happen at the local level
instead of being issued down from the federal or state government. He stated that he does have
a problem with the business model of payday lenders and thinks they are damaging to the
community, which is why he voted for the amendment. And even though he thinks this change
should happen at the local level, we need to be careful with the power to do that because we
are essentially saying they can’t operate in Ames.
Mr. Stenberg said it’s been fun working with both Chuck and Liz on the Commission.
____________________________________________________________________________
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STAFF COMMENTS: Staff reviewed the tentative agenda for the meeting of April 4, 2012.
Steve Osguthorpe expressed his appreciation on behalf of himself and the entire Planning and
Housing Department to Chuck and Liz for their service on the Commission.
____________________________________________________________________________
With no further business coming before the Commission, the Chair declared the meeting
adjourned at 7:42 p.m.
_________________________________ ____________________________________
Elizabeth C. Beck, Chairperson Cindy L. Hollar, Recording Secretary
Planning & Zoning Commission Department of Planning & Housing
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