HomeMy WebLinkAbout2017-03-06-H02 Temporary Uses Ordinance - PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 6, 2017
AGENDA ITEM: Public Hearing on an Ordinance to Amend Chapter 300, Zoning Ordinance,
City of Waukee, Iowa, by amending Section 301.8(P) Temporary Uses –
Agricultural Sales
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: Recently, the City Council was approached during an open
forum regarding a Tropical Snow temporary business. The City Code
currently does not allow for this type of temporary use. The only temporary
uses that are defined and permitted within the Zoning Ordinance relate to
temporary agricultural sales traditionally associated with sweet corn and fruit
sales.
The City Council directed staff to prepare a temporary uses ordinance for
consideration. After considerable research, staff has prepared an ordinance
similar to what is currently used within the City of Johnston regarding the
regulation of temporary uses.
The proposed ordinance creates different categories for temporary uses based
upon the size and type of operation proposed. The ordinance provides a
maximum timeframe for a temporary use not to exceed six months within a 12
month time frame. The ordinance also provides for minimum standards and
requirements related to size, placement, removal of trash and refuge, restroom
requirements and licensing requirements.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
The Planning and Zoning Commission reviewed the proposed zoning ordinance amendment at their
meeting on February 28, 2017 and recommended approval.
Approval of an Ordinance to amend and replace section 310.8(P) Temporary Uses-
Agricultural Sales
Development Director Brad Deets, Advised the Commission currently the ordinance is only
applicable to seasonal agricultural sales (ex. Corn and vegetable stands) and the City Council
has requested that Staff draft an Ordinance in order to expand temporary uses permitted
within the City. The City has had past requires for such uses as seasonal food/beverage stands
as well as nurseries that are not associated with the existing use of a site ( ex. Hy-Vee or
Fareway garden centers).
After review of several ordinances and discussions with neighboring Cities, Staff is proposing
an ordinance with regulations to allow for such temporary uses on a limited basis not to
exceed six months within a twelve month period. The proposed regulations call for adherence
to certain setback and building code requirements as well as provided safeguards for trash and
waste disposal. The Proposed ordinance does omit such seasonal agricultural safes as well as
the downtown farmer’s market from requiring such temporary use permits.
Mr. Deets advised the Commission that the Proposed Ordinance to replace section 310.8(P)
Temporary Uses- Agricultural Sales, must pass approval of the Commission before it can be
reviewed by the Council.
• Commissioner Fontenot questioned if this would be a new permitting process for the
listed uses. Mr. Deets advised that yes, the provisions are based on size and the
duration of a temporary structure.
• Commissioner Stonebrook clarified that those who do have garden centers tied to a
permanent structure would no longer need a permit, but would still be held to the
permit standards. Mr. Deets advised that was correct. During the site plan process, the
use is discussed and both parties agree to the regulations for size and distance in
accordance to current codes. If we notice that something is out of compliance, staff
would step in to rectify the situation.
• Commissioner Hoifeldt questioned how staff proposed the regulation of pop up stands.
Mr. Deets advised that currently an answer was not known. If the pop up stand is for
an event it is fine, bringing in a structure permanently would not be permitted.
• Mr. Deets also took this time to explain that the ordinance would not cover food
trucks.
Commissioner Fontenot moved to approve an Ordinance to amend and replace section
310.8(P) Temporary Uses- Agricultural Sales, as presented. The motion was seconded by
Commissioner Schmidt. Ayes: Stonebrook, Fontenot, Hoifeldt, and Schmidt. Nays: None.
Motion Carries.
STAFF REVIEW AND COMMENT: The proposed ordinance would create standards and
requirements for allowance of temporary uses if desired by Council.
RECOMMENDATION: Hold the Public Hearing
ATTACHMENTS:
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY: