HomeMy WebLinkAbout2017-03-20-J03 General Regulations Ordinance_Temporary Uses - 2nd CONSIDERATION AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 20, 2017
AGENDA ITEM: Consideration of approval of an ordinance to amend Chapter 300, Zoning
Ordinance, City of Waukee, by amending Section 301.8(P), General
Regulations – Temporary Uses – Sale of Agricultural Products [second,
third (final) readings]
FORMAT: Ordinance
SYNOPSIS INCLUDING PRO & CON: Adam Hilgenberg of Hilgenberg’s Hawaiian Ice has
requested council consideration of waiving the third and final reading of
the proposed ordinance. The Waukee Downtown Triangle Business
Group has submitted a letter outlining their concerns regarding the
proposed ordinance.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff would recommend approval of the second
consideration of the ordinance. The council may decide whether or not
to waive the third reading of the ordinance. The Code of Iowa requires a
vote of not less than three-fourths of all the members of the council (or 4
out of 5, in Waukee’s case) in order to waive readings of an ordinance.
RECOMMENDATION: Approve the second reading of the ordinance in title only –OR-
approve the second reading of the ordinance in title only, waive the third
reading, and place the ordinance on final passage.
ATTACHMENTS: I. Proposed Ordinance
II. Hilgenberg email 03/16/2017
III. Waukee Downtown Triangle Business Group letter
PREPARED BY: Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY OF
WAUKEE, IOWA, BY AMENDING AND REPLACING CHAPTER 301.8 GENERAL
REGULATIONS, SECTION P – TEMPORARY USES – SALE OF AGRICULTURAL
PRODUCTS
BE IT ORDAINED by the Council of the City of Waukee:
Section 1. Chapter 301, Waukee Municipal Code, Zoning Ordinance of the City of
Waukee, Iowa, is hereby amended by repealing said section in its entirety and enacting in lieu thereof
the following:
§301.8P. Temporary Uses. The City recognizes that in certain instances, some flexibility
to allow activities or uses on a limited duration out of the confines of a building can be beneficial to
business interests, as well as the consumers and the City alike, provided such events continue to
promote the public health, safety and general welfare. These regulations are intended to prescribe the
conditions under which limited duration temporary sales may be permitted on private property, public
property, parks, sidewalks and streets.
1. Definitions. For the purpose of this chapter, the following terms shall have or
include the following meanings:
A. Temporary Use. Any sales in any nonresidential district including,
but not limited to the sales of fresh fruits/vegetables, baked goods,
and hand crafted items.
B. Temporary Structures. Any constructed or erected structure,
including but not limited to a shed, building, vehicle, trailer, tent or
enclosure of any kind used for commercial or business purposes
which any person or business intends to place on the same lot with or
on any lot adjacent to, any permanent structure used for business or
commercial purposes.
C. Garden Center. A place of business where retail and wholesale
products and produce are sold. The items sold may include, but is not
limited to plants, nursery products, potting soil, and gardening tools
and utensils.
D. Produce Stands. A temporary structure used for the display and sale
of raw fruits and vegetables.
E. Food/Beverage Stand. A temporary structure used for the display
and sale of prepared food and beverages.
2. Uses Exempt from Temporary Use Permits.
A. Farmer’s Markets sponsored by the City of Waukee or the
Downtown Business Association.
B. Produce stands that meet the following conditions:
1. The temporary structure and sales area shall not exceed more
than two parking spaces or 360 square feet.
2. The site area shall be cleaned of debris, temporary structures, and
any other objects associated with the temporary use at the end of
each business day.
3. No sign permit is required for temporary signage, provided the
sign shall not be placed within the public right of way and the
sign shall not exceed twelve (12) square feet in total size.
4. The vendor shall acquire permission from the property owner
prior to any temporary use on the property.
5. Produce stands shall conform to the requirements set forth in
Section 301.8P(3).
3. General Regulations. The following regulations shall apply to all temporary uses:
A. Permitted Zones: All non-residential zoning districts.
B. No temporary use shall exceed a period of more than six (6) months
of a twelve (12) month period, unless otherwise specified by the
Administrative Official.
C. All temporary structures shall conform to the zoning setback
requirements or as directed by the Administrative Official.
Temporary structures fewer than three hundred (300) square feet may
be allowed within the front yard setback subject to approval of the
Administrative Official.
D. The proposed temporary use shall not affect the driveway access or
traffic circulation on the property.
E. The applicant shall provide, as determined by the Administrative
Official, adequate facilities for disposal of trash and waste, e.g.
grease, associated with the temporary use.
F. Permanent sanitary facilities located within an adjacent building shall
be made available to all employees of the activity during its
operational hours, as approved by the Administrative Official, in
concurrence with the county health department, unless stipulated
otherwise in this chapter.
4. Temporary Use Regulations. A permit may be issued for temporary uses when the
following criteria are met:
A. Permitted Temporary Uses.
1. Produce stands that do not meet the qualifications set forth in
Section 301.8P(2).
2. Garden Centers.
i. Maximum Square Footage. Site-by-site basis.
ii. Restrictions on Merchandise and Products. This use
is limited to the display of green goods, i.e., plants,
and associated garden products determined to be
consistent with the intent of a garden center (may be
extended to the sale of Christmas trees), with the
approval of the Administrative Official.
iii. Safety Standards. In order to promote the safety of
the patrons of these facilities, the following shall be
required.
a. All sales areas shall be separated from
vehicular uses by the placement of a fence
or barrier acceptable to the Administrative
Official to prevent pedestrian and
vehicular conflicts.
b. Temporary drive aisles shall be maintained
at a minimum of twelve (12) feet in width
for one-way traffic and twenty-four (24)
feet in width for two-way traffic. Barriers,
fencing, or some other physical markers
shall clearly inform drivers at the end of
the parking area and the start of the drive
aisle. A clear line of sight shall be
maintained at the entrance and exit of the
temporary drive aisles.
c. Vehicle loading areas shall be located in
an area that minimizes pedestrian and
vehicle conflict and provides for the safe
loading of merchandise and vehicles
access to and from the traffic lanes to the
loading area, preferably without backing
movements.
3. Food/Beverage Stands.
i. Maximum Square Footage. Three hundred sixty (360)
square feet.
ii. Health Standards and Licensing. The applicant must
obtain licensing, liquor permits, certificates of inspection,
or other documentation necessary to comply with all
applicable requirements of the state, county, or
municipality regarding health standards:
a. Water Service. The structure used for
dispensing of food and beverage shall
provide self-contained hot and cold
running water with appropriate holding
facilities of wastewater.
b. Wastewater Disposal. Any wastewater
shall be collected and disposed in a
manner acceptable to the City and shall be
explained in the application for a permit.
iii. The site area shall be cleaned of debris, temporary
structures and any other objects associated with the
temporary use within three (3) days after the termination
of sales.
iv. All signage associated with temporary uses shall comply
with the regulations of Chapter 305 (Sign Regulations) of
the City of Waukee Code of Ordinances.
v. The number of additional parking spaces required and the
location of such shall be determined by the
Administrative Official. The maximum number of
permanent parking spaces allowed to be used for
operation of an extended use shall not exceed twenty
percent (20%) of the parking on a site plan that was
approved by the City to be counted toward the allowable
size of the activity or twenty percent (20%) of the site
area, whichever is more restrictive.
vi. Proof of ownership or a signed letter from either the
property owner or their authorized representative, for the
property on which the activity is to take place, shall be
presented at the time the temporary use permit is
requested.
vii. A plan of the layout of the proposed temporary use shall
be submitted to the Development Services Department
with the application, to be reviewed and approved by the
Administrative Official. The layout shall identify the
following:
a. The area on the site proposed to be utilized
as part of the temporary use and associated
sales area.
b. Proposed modifications to the traffic
patterns and methods proposed to notify
patrons and identify the temporary traffic
pattern changes, i.e., signage, traffic cones,
fencing and barriers, etc.
c. Proposed vehicle loading zone.
d. Location of electrical connection and
water connection, if applicable.
5. Violations and Penalties. The operation of a temporary use is a privilege allowed
by this Chapter. A Temporary Use Permit may be revoked and terminated at any
time by order of the Administrative Official, Fire Chief, Police Chief, Building
Official or their designees if the temporary use is deemed as being a life safety
hazard towards pedestrians, vehicles or property, or if the temporary use fails to
comply with the terms of the permit or other City Ordinances.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as
a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect upon its final passage, approval
and publication as provided by law.
Passed by the Council this ___ day of ________________, 2017, and approved this ___ day of
______________, 2017.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk
1
Becky Schuett
From:Adam HIlgenberg <hilgenbergshawaiianice@gmail.com>
Sent:Thursday, March 16, 2017 12:16 PM
To:Becky Schuett
Subject:Fwd: Re: revision to the code
---------- Forwarded message ----------
From: "Adam HIlgenberg" <hilgenbergshawaiianice@gmail.com>
Date: Mar 16, 2017 12:11 PM
Subject: Re: revision to the code
To: <ambergman@yahoo.com>, <tmoerman@waukee.org>, <sealyon61@gmail.com>,
<mayorpeard@gmail.com>, <shelly.hughes@live.com>, <harrisonbrian40@gmail.com>
Cc:
Hello everyone.
Thanks again for helping me start up a small bussiness in this wonderful city. I was wondering everyone's
thoughts on of we would be able to skip the third reading? I know there was a little discrepancy at the last
meeting. Which I believe we had already discussed those issues in prior meetings. The reason I ask is, I can not
pull a permit to get electric service from mid American till this get the approval of the code. We all know mid
am is very busy, just in our city. Thanks for everything once again.
Adam
On Jan 15, 2017 8:17 PM, "Adam HIlgenberg" <hilgenbergshawaiianice@gmail.com> wrote:
Hello, my name is Adam Hilgenberg. Owner of Hilgenberg's Hawaiian Ice llc. I wanted to send this to everyone
before tomorrow night, as I will be presenting this to the council, and didn't want to blind side everyone. I hope
everyone has a safe drive tomorrow with the roads.
Please accept this letter as a formal request for a revision to the city of Waukee's current code to allow Mobile
Food Vendors
A revision to this code would allow myself to start a self-ran seasonal business, popularly known in our
surrounding communities as, Tropical Sno*.
The city of Waukee has been my heart and home since birth, and as a member of the Waukee Fire department, I
feel starting my own Tropical sno in our city would add even more value to my desire to give to our
community.
Waukee's eminence population growth, of currently approximately 18,000, and young families, with additional
of a new school district and home developments makes it a prime success for a seasonal ran Tropical Sno.
2
Tropical Sno has been a top national selling independently owned and operated business since 1984, and has
escalated rapidly into at least one tropical sno business in all 100 states in the United States, and over 30
countries world wide.
The Cities revision to the current code, would be the start of my dreams for my heart of the city coming true. I
have an opportunity to open my tropical sno in surroundings city of Dallas Center, or Grimes. However, as I
have stated previously with the city of Waukee's exceptional treatment to me as an employee, and my own
personal dedication and commitment to all the community, there is nothing more I want than to make my
Tropical Sno business my heart of my dedication to the city.
Please consider this revision to code as a success to the city, and the memories made for many of our cities
young growing families.
The Shack that we would like to add to the downtown triangle area is attached. I have been working with
someone that would allow me to lease out the land in-between the flower shop and the old law firm. As it sits
today, that area is just a fenced in grassy area.
I believe that this would bring more kids and families to the downtown triangle area, and as we all remember
the focus of the hometown "bedroom community" feeling that we all strive for. I also believe that this will bring
other families from different communities to the wonderful city.
I sincerely appreciate your consideration and dedication to this revision request, as I am putting my faith in the
city.
If you have any questions, comments or concerns before tomorrow night my phone and email are always on. I
can always meet up with you sometime tomorrow and discuss different options.
Thanks for your time in advance.
Adam Hilgenberg
Hilgenberg's Hawaiian Ice LLC
To Mayor and City Council,
As President of Waukee Downtown Triangle Business Group, I am writing to voice our concerns about
changing the ordinance for temporary use.
The WDTB Group and City staff have worked diligently to make the Downtown an area to be proud of. A
design plan is in place to direct our visions forward as Waukee continues to grow. Ordinances are part
of the working structure that property/business owners and the City use to keep on track. The design
plan puts Downtown into design districts of cultural, retail and office. It does not include temporary
shacks, tents, huts or trailers.
As property/business owners, we are invested in the Downtown being successful. A temporary stand,
by definition, is not invested to the same extent for this success. We keep our properties in good
repair, taxes are paid and we work together for our common goal. Changing this ordinance will affect
our property values and our goal.
You have contacted other communities such as Johnston for their policies, however, Waukee has a
uniqueness all our own. We tend to blend closer to Valley Junction, and having talked to them, they
have no plans to move in this type of direction as this would not be in the best interest of their area.
We, as the WDTB Group, are very happy to welcome new businesses into our downtown and have
permanent structures available right now.
Thank you for taking our concerns into consideration.
Sincerely,
Lyn Schafer
President Waukee Downtown Triangle Business Group
450 6th St.
Waukee