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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: