Loading...
HomeMy WebLinkAbout2017-05-30-D01 Temporary Uses Ordinance - PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 30, 2017 AGENDA ITEM: Consideration of approval of an ordinance to amend Chapter 301, Zoning Ordinance, City of Waukee, Iowa, by amending and replacing Chapter 301.8, General Regulations, Section P – Temporary Uses FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The State of Iowa recently signed into law new legislation on the sale and use of fireworks within the State of Iowa. The new law takes effect June 1, 2017. The City Council directed staff to review the temporary uses ordinance to regulate the sale of fireworks within temporary structures. The proposed changes include a new section which regulates any other type of use beyond the previously approved uses of produce stands, garden centers and food/drink establishments. As it pertains to fireworks sales within temporary structures, such uses would be limited to the M- 1 and M-1A zoning districts. Any such use would also require site plan review and approval of the City Council and a minimum separation of 100 feet from the nearest permanent structure. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission reviewed the proposed Ordinance on May 23, 2017 and recommended approval: Approval of an ordinance to amend and replace Section 301.8 (P) - Temporary Uses Director of Development Services Brad Deets advised that, due to new legislation on the sale of use of fireworks within the State of Iowa, the City Council has directed Staff to review the temporary uses ordinance to regulate the sale of fireworks within temporary structures. The new law takes effect June 1, 2017. Mr. Deets advised that the proposed changes include a new section which regulates any other type of use beyond the previously approved uses of produce stands, garden centers, and food/drink establishments. As it pertains to fireworks sales within temporary structures, such sues would be limited to the M-1 and M-1A zoning districts, any such use would also require site plan review and approval of the City Council and a minimum separation of 100 feet from the nearest permanent structure. For combustible sales, applicants must appear before the commission and City Council for site plan approval in order to receive appropriate permitting.  Commissioner Broderick questioned how large of a temporary structure would be allowed. Mr. Deets advised it would follow the current temporary uses ordinance and be limited to a maximum of 360 square feet.  Commissioner Schmidt questioned if the applicants would need to go through the permitting and site plan process every year. Mr. Deets advised that was correct.  Commissioner Broderick asked for clarification on the length of time it takes for approval. Mr. Deets advised that site plan and permitting approval would take around 6 weeks to complete.  Commissioner Shanks questioned if it was possible to have applicants be responsible for their own security. Mr. Deets advised there were already provisions for security listed in the adopted Building Code.  Commissioner Streit questioned if mobile structures would be allowed. Mr. Deets advised a mobile structure would not meet Code and would not be approved. He also stated that Staff believed the proposed changes to be a good first step to address legislation, and that with time, amendments could be made as needed.  Commissioner Schmidt questioned if there would be a waste structure requirement. Mr. Deets advised that in the current Temporary Uses code advises that waste structures are required in order to accommodate the waste of the identified temporary use.  Commissioner Schmidt questioned if applicants could place sales on empty lots. Mr. Deets advised that no sales can take place on an empty lot.   Commissioner Streit moved to approve an ordinance to amend and replace section 301.8 (P) – Temporary uses. Commissioner Hoifeldt seconded the Motion. Ayes: Stonebrook, Streit, Broderick, Hoifeldt, Shanks, and Schmidt. Nays: None. Motion Carries. STAFF REVIEW AND COMMENT: Staff believes the proposed Ordinance change meets the intent as has previously been discussed by the City Council and provides adequate safeguards for the safety of the general public while still allowing for temporary sales of fireworks within certain areas of the City. RECOMMENDATION: Hold the Public Hearing ATTACHMENTS: I. Proposed Ordinance PREPARED BY: Brad Deets REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Des Moines Register DATE OF PUBLICATION: 5/18/17 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 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, provided such use is authorized in such Zoning District. 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: A temporary sales use is authorized for consistent uses permitted in each respective non-residential zoning district subject to the requirements of this chapter and all other federal, state and local ordinances and regulations. 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. 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. G. Demonstrate compliance with federal, state and local law. 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, patrons of nearby permanent facilities, motorists and pedestrians 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. Other Temporary Uses: For any other temporary use, for the sale of goods and services that has not been addressed previously in this chapter, a permit may be issued when the following criteria are met: A. All other temporary uses shall conform to the requirements set forth in Sections 301.8P(4)(3)(iii) through 301.8P(4)(3)(vii). B. Temporary Uses related to the sale of combustible materials shall not be located closer than 100 feet from the nearest permanent structure. C. All applicants shall be responsible for submitting a site plan following the requirements set forth in Chapter 304 Site Plan Requirements of the Waukee Code of Ordinances. Such site plan shall require approval by the City Council. D. Maximum Space: Three hundred sixty (360) square feet. E. Comply with all other requirements of federal, state and local law. 6. 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 30th day of May, 2017, and approved this 30th day of May, 2017. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk