CITY OF PELLA, IOWA PLANNING & ZONING COMMISSION TENTATIVE MEETING AGENDA JUNE 25, 2018

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1 CITY OF PELLA, IOWA PLANNING & ZONING COMMISSION TENTATIVE MEETING AGENDA JUNE 25, 2018 Monday, June 25, :00 p.m. Public Safety Complex 614 Main Street, Pella, IA A. Call to Order by the Chairperson and Roll Call B. Chairperson s Comments 1. Approval of tentative agenda C. Approval of Minutes 1. May 14, 2018 meeting D. Public Hearings 1. Ordinance amending Chapter by adding the definition of microbrewery and amending Table to include this land use to operate in the CC, CUC, and CPD zoning districts with an approved special use permit a. Open the public hearing b. Written comments c. Oral comments d. Close the public hearing 2. Amendment to the Planned Unit Development (PUD) for the properties located at 402, 404, 406, 408, and 410 Franklin Street which shall conform to the requirements of Chapter a. Open the public hearing b. Written comments c. Oral comments d. Close the public hearing E. New Business Proposed 1. Site plan to construct a 6,400 square-foot building addition to the east side of Plant 4 located at Vermeer Corporation F. Other Business / Public Forum 1. Work session to discuss requiring special use permits for all cocktail lounge uses G. Adjourn PLANNING AND ZONING COMMISSION AGENDA 1

2 MINUTES OF THE CITY OF PELLA PLANNING AND ZONING COMMISSION MAY 14, 2018 Chairperson Landon called the Planning and Zoning Commission to order at 7:00 p.m. in the Public Safety Complex. Members present were: Craig Agan, Joe Canfield, Julio Chiarella, Mark Groenendyk, Cathy Haustein, David Landon, Gary Van Vark, Ervin Van Wyk, Ann Visser, and Teri Vos. Absent: Robin Pfalzgraf. Staff present: City Administrator Mike Nardini, Zoning Administrator Bryce Johnson, and Deputy City Clerk Cynthia Vaske. Others present: Jason Matti, Tiffany Matti, Betsy Duffy, Harold Van Stryland, and Mike Street. APPROVAL OF TENTATIVE AGENDA Motion by Vos, second by Visser, to approve the tentative agenda. Motion carried APPROVAL OF MINUTES Motion by Agan, second by Van Vark, to approve the minutes of the April 23, 2018 meeting. Motion carried PUBLIC HEARINGS (Case PC18-13) Consider a Proposed Ordinance Relating to the Sale of Consumer Fireworks The City Attorney and City staff are recommending regulating fireworks sales through the City s zoning ordinance. Listed below is a summary of the proposed ordinance. 1. The proposed ordinance defines consumer fireworks as identified under state. Staff believes it is very important to provide clarity to potential vendors on which explosives are considered allowable for retail sales. 2. The proposed ordinance limits the sales of consumer fireworks to industrial (M1 Limited Light Industrial and M2 Heavy Industrial) zoning districts within the zoning jurisdictions regulated by the City of Pella. Pursuant to the 28E Agreement between the City of Pella and Marion County relating to planning and zoning authority and the Pella zoning ordinance, these zoning regulations will extend beyond the City s boundaries and will be applicable within portions of the City s two-mile zoning jurisdiction. For Marion County, the areas subject to this proposed ordinance are identified as Subarea A. For Mahaska County, the ordinance would apply to all areas within the City s two-mile jurisdiction. The reason industrial zoning districts are being recommended is because of the available public infrastructure in the event of a fire from a temporary structure. Secondly, there are no design permit requirements for industrial zoned sites, which simplifies procedures for temporary fireworks tents. 3. The proposed ordinance requires the sales of fireworks to be the primary use for the property in which fireworks sales take place. This requirement is intended to address concerns related to fireworks sales co-locating on actively occupied industrial sites. Specifically, there have been concerns related to off-street parking requirements for existing businesses as well as onsite signage. P&Z Commission Minutes: May 14, 2018 / page 1

3 Convened Public Hearing. One written comment was received and included in the Commission s meeting packet. Cindy Nikkel explained she and her husband opened a fireworks stand in 2017 through the peddler permit process. She gave background information on the fireworks vendor that they worked with and the safety precautions they took while selling fireworks. In addition, she gave reasons why she feels fireworks should be allowed outside of industrial zones. Bryan Nikkel said the Pella area can only support so many fireworks stands, so the amount of applications the City gets for them will be self-regulating. He also said that the stands will be safer if located in less densely populated areas, such as the site they sold fireworks on last year. He mentioned that if their proposed site is not allowed, they have a backup location in mind outside of the City s two-mile jurisdiction. With no further comments being received, the public hearing was closed. Van Wyk said if the ordinance requires the sale of fireworks to be the primary use for the property in which the fireworks sales take place, then the available sites for people to sell them within is very limited. City Administrator Nardini said parking requirements and signage regulations for businesses are factors. Haustein said since the local Fire and Police Departments are in support of the proposed ordinance, she will not vote against it. In answer to Vos question about enforcement, Nardini said the City anticipates that fireworks applicants this year will have a greater understanding of the State of Iowa requirements for fireworks and, as such, the City will be more stringent in the enforcement of the proposed ordinance. Vos questioned how the City concluded that industrial zones would be safer for fireworks stands. Nardini explained that if there is a fire at a fireworks stand, the City wants to make sure that the area has adequate public infrastructure to accommodate public safety vehicles, which is in industrial areas. Agan said he supports the proposed ordinance and the Commission cannot lose sight of the fact that the safety of the public is more important than a benefit to a few. Motion by Haustein, second by Agan to approve the ordinance as submitted. Aye: Haustein, Agan, Canfield, Chiarella, Groenendyk, Landon, Van Vark, Visser, Vos. Nay: Van Wyk. Motion carried 9-1. OTHER BUSINESS/PUBLIC FORUM Work Session to Discuss a Proposed Microbrewery Zoning Definition and Patron Age Limitations The purpose of this work session is to continue discussion regarding a proposed microbrewery use under the City s zoning code. The intention of the proposed microbrewery is to be a family-friendly destination attraction for the City of Pella. The primary use for the microbrewery would be the brewery component, while food sales would be an accessory use. Listed below is the proposed zoning definition: Brewery, Micro: A business that brews beers, ales, and/or similar beverages on-site. This definition requires the manufacturing and packaging of beer, ales, and/or similar beverages to be the principal use and produces no more than ten thousand (10,000) barrels of beer or ale annually. The area used for brewing, including bottling and kegging, shall not exceed fifty percent (50%) of the commercial floor space. By definition, a microbrewery includes the preparation and retail sale of food and beverages as an accessory use. No class C liquor license (LC) will be allowed in conjunction with the microbrewery; having such license will classify the establishment as a cocktail lounge for the purposes of this definition. P&Z Commission Minutes: May 14, 2018 / page 2

4 As additional background, during the April 23, 2018 meeting, the Commission had questions related to the size and scale of the proposed microbrewery. Specifically, whether additional regulations should be added which would dictate which zoning districts the microbrewery could be located in. Staff believes the following restrictions, which are included as part of the proposed ordinance, will likely limit the proposed microbrewery use to a small-scale manufacturing use: The limitation of 10,000 barrels produced annually. The restriction that no more than 50% of the floor space for the microbrewery can be dedicated to the manufacturing/kegging component. The requirement to obtain a special use permit from the Board of Adjustment prior to operating. This procedure would allow the Board of Adjustment to evaluate public safety concerns including dust/pest control, odor, traffic impact, and necessary infrastructure. In addition, the Board of Adjustment would review the proposed location and determine if it is a good fit for the area. Prior to the issuance of a special use permit, a public hearing would be conducted and neighboring property owners would be notified of the application. This process provides a forum for any adjacent property owners who may have concerns with the proposed business. Finally, the Board of Adjustment has wide authority in granting special use permits including, but not limited to, additional operating restrictions. After discussion by the Commission, five members said they were in favor of allowing microbreweries in the Community Commercial (CC) and Commercial Mixed-Use (CUC) districts, four members were in favor of limiting microbreweries to only the CC district, and one member abstained. Nardini stated that staff will let the City Council know that the Commission has concerns with allowing microbreweries in the CUC zoning district. Harold Van Stryland asked the Commission whether food sales should be a requirement for a microbrewery. He said he personally thinks food should be required if the microbrewery s intent is to be a family-friendly destination. Nardini said the Commission is able to make a recommendation to Council that the special use permit requirements include a requirement that a percentage of the microbrewery s sales come from food. Other Nardini said there will not be a Commission meeting held on May 21, Adjourned at 8:51 p.m. P&Z Commission Minutes: May 14, 2018 / page 3

5 T H E CITY of PELLA STAFF MEMO TO PLANNING & ZONING COMMISSION ITEM NO: D-1 SUBJECT: Ordinance Amending Chapter by Adding the Definition of Microbrewery and Amending Table to Include this Land Use to Operate in the CC, CUC, and CPD Zoning Districts with an Approved Special Use Permit DATE: June 25, 2018 BACKGROUND: This proposed ordinance establishes a microbrewery zoning use and allows microbreweries to operate in the Community Commercial (CC) and Commercial Mixed-Use (CUC) zoning districts subject to obtaining a special use permit from the Board of Adjustment. This proposed ordinance was discussed previously by the City Council and the Planning and Zoning Commission. Listed below is background information on the proposed microbrewery: Proposed Microbrewery Definition The intention of the proposed microbrewery is to be a family-friendly destination attraction for the City of Pella. The primary use for the microbrewery would be the brewery component, while food sales would be an accessory use. Listed below is the proposed zoning definition: Brewery, Micro: A business that brews beers, ales, and/or similar beverages on-site. This definition requires the manufacturing and packaging of beer, ales, and/or similar beverages to be the principal use and produces no more than ten thousand (10,000) barrels of beer or ale annually. The area used for brewing, including bottling and kegging, shall not exceed fifty percent (50%) of the commercial floor space. By definition, a microbrewery includes the preparation and retail sale of food and beverages as an accessory use. No class C liquor license (LC) will be allowed in conjunction with the microbrewery; having such license will classify the establishment as a cocktail lounge for the purposes of this definition. Size and Scale Questions At the April 23, 2018 meeting, the Planning and Zoning Commission had questions related to the size and scale of the proposed microbrewery. Specifically, whether additional regulations should be added which would dictate which zoning districts the microbrewery could be located in. In considering this option, it is important to note how the craft beer industry in Iowa defines microbreweries, brewpubs, and regional breweries. These definitions are listed below. Brewpub: A restaurant-brewery that sells 25% or more of its beer on-site. The beer is brewed primarily for sale in the restaurant and bar. The beer is often dispensed directly from the brewery s storage tanks. Where allowed by law, brewpubs often sell beer to go and/or distribute to off-site accounts. Note: BA recategorizes a company as a microbrewery if its off-site (distributed) beer sales exceed 75%.

6 Size and Scale Questions (continued) Microbrewery: A brewery that produces less than 15,000 barrels (17,600 hectoliters) of beer per year with 75% or more of its beer sold off-site. Microbreweries sell to the public by one or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retail to consumer); and, directly to the consumer through carryouts and/or on-site tap-room or restaurant sales. Regional Brewery: A brewery with an annual beer production of between 15,000 and 6,000,000 barrels. Based on the previous definitions, it appears the proposed microbrewery would likely be considered as a combination brewpub/microbrewery by the Craft Beer Association of Iowa. In addition, it appears large-scale breweries are defined as those which produce more than 15,000 barrels annually. This is important to consider as it relates to size and scale concerns. The proposed microbrewery being considered is limited to 10,000 barrels of production annually, or roughly 66% of the number of barrels identified by the Craft Beer Association of Iowa as a small-scale brewery (less than 15,000 barrels annually is considered a small-scale brewery). Secondly, under the proposed zoning definition, the manufacturing floor cannot exceed 50% of the total area. Staff believes this requirement will also limit the production capabilities of the proposed microbrewery. It is also important to consider that the proposed microbrewery will be permitted through a special use permit process. This procedure will allow the Board of Adjustment to review the proposed location for the microbrewery and determine if it is a good fit for the surrounding area. In making this determination, the Board of Adjustment will evaluate public safety concerns including dust/pest control, odor, traffic impact, and necessary infrastructure. In addition, staff will also recommend that the Board of Adjustment require a fire inspection before a special use permit is approved. This will ensure compliance with the State of Iowa Fire Code for flammable liquids, ventilation, and spill control. As the Commission is also aware, prior to approval of a special use permit, the Board of Adjustment is required to hold a public hearing and notify neighboring property owners of the application. This process provides a forum for any adjacent property owners who may have concerns with the proposed business. Furthermore, the Board of Adjustment has wide authority in granting special use permits including, but not limited to, operating restrictions which would include further limitations on the number of barrels manufactured annually. Staff believes the following restrictions will likely limit the proposed microbrewery use to a small-scale manufacturing use: A. Special use permit requirements; B. The limitation of 10,000 barrels produced annually; and C. The restriction that no more than 50% of the floor space for a microbrewery can be dedicated to the manufacturing/kegging component. Food Sales The proposed ordinance allows food sales as an accessory use but does not require a percentage of the microbrewery s gross income to be attributed to food sales. The reason for this is as follows: A. Potential operators have expressed concerns about being able to meet food sales requirements.

7 Food Sales (continued) B. The proposed microbrewery will likely be a small-scale brewery which is subject to obtaining a special use permit from the Board of Adjustment. This means the operations of the microbrewery will be reviewed by the Board of Adjustment prior to operating. In addition, the Board of Adjustment has the ability to limit operations if deemed necessary. As the Commission is aware, the overall intent of the special use permit process is to provide assurances that the new use will fit in with the existing businesses and residences surrounding the microbrewery. Based on the previous factors, staff believes additional food sales requirements may make it difficult for a microbrewery to operate in our community. Proposed Zoning Districts The proposed ordinance also amends Table Permitted Uses by Zoning Districts to include microbreweries and allows microbreweries to operate in all commercial zoning districts, except the Central Business District (CBD), subject to obtaining a special use permit. In reviewing this issue, staff believes there are certain locations in the Commercial Mixed-Use (CUC) zoning districts where a microbrewery would be a good fit. Likewise, there are other areas in the CUC districts where locating a microbrewery would be very challenging due to potential land use conflicts with residential property owners. However, as stated earlier, staff believes there are adequate safeguards in place with the special use permit process to address any potential land use conflicts with the proposed microbrewery. Summary Staff believes the proposed ordinance places appropriate restrictions on the production process and incorporates the use of a special use permit which allows the Board of Adjustment adequate assurances that the use will fit in well with the surrounding neighborhood. ATTACHMENTS: REPORT PREPARED BY: REVIEWED BY: RECOMMENDATION: Ordinance, Map of the Commercial Zoning Districts City Administration CITY ADMINISTRATOR CITY CLERK Approve ordinance

8 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF PELLA BY AMENDING THE ZONING ORDINANCE, CLASSIFICATION OF USES AND TABLE PERMITTED USES BY ZONING DISTRICTS BY ADDING PROVISIONS DEFINING BREWERY, MICRO AS A USE AND PERMITTING BREWERY, MICRO IN THE CC COMMUNITY COMMERCIAL DISTRICT, CUC COMMERCIAL MIXED USE URBAN CENTER AND CPD COMMERCIAL PLANNED DEVELOPMENT DISTRICT Be it enacted by the City Council of the City of Pella, Iowa: SECTION 1. TEXT AMENDMENTS. The City Code of the City of Pella is hereby amended by amending Chapter 165, Zoning Ordinance, as follows: Amending Classification of Uses by adding the following new provision under Subsection 5. Commercial Use Types: JJ. Brewery, Micro A business that brews beers, ales, and/or similar beverages on-site. This definition requires the manufacturing and packaging of beer, ales, and/or similar beverages to be the principal use and produces no more than ten thousand (10,000) barrels of beer or ale annually. The area used for brewing, including bottling and kegging, shall not exceed fifty percent (50%) of the commercial floor space. By definition, a microbrewery includes the preparation and retail sale of food and beverages as an accessory use. No class C liquor license (LC) will be allowed in conjunction with the microbrewery; having such license will classify the establishment as a cocktail lounge for the purposes of this definition. SECTION 2. TEXT AMENDMENTS. The City Code of the City of Pella is hereby amended by amending Chapter 165, Zoning Ordinance, as follows: Amending Table Permitted Uses by Zoning Districts, Commercial Uses, by adding the following new row of text: Use Type A1 RR R1 R1A R1B R1C R2 R3 R4 CBD CUC CC CPD INS M1 M2 Brewery, Micro S S S SECTION 3. NOTATION. The Zoning Administrator shall hereby record the ordinance number and date of passage of this ordinance. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. 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 6. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law.

9 First Reading Passed: Second Reading Passed: Third Reading Passed: Passed and adopted this day of, ATTEST: James Mueller, Mayor Mandy Smith, City Clerk I, Mandy Smith, City Clerk of the City of Pella, Iowa, do hereby certify that the foregoing ordinance was passed and approved by the City Council of the City of Pella on the day of, 2018 and was published in the Pella Chronicle, a newspaper of general circulation in the said City of Pella on the day of, Mandy Smith, City Clerk

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11 T H E CITY of PELLA STAFF MEMO TO PLANNING & ZONING COMMISSION ITEM NO: D-2 SUBJECT: Amendment to the Planned Unit Development (PUD) for the Properties Located at 402, 404, 406, 408, and 410 Franklin Street which shall Conform to the Requirements of Chapter DATE: June 25, 2018 BACKGROUND: This proposed amendment is to facilitate the construction of five single-family detached homes located at 402, 404, 406, 408, and 410 Franklin Street. As background, on February 6, 2018 the Council approved a planned unit development (PUD) for this site to accommodate a townhome development. However, since this time, the developer has decided to construct single-family detached homes as opposed to the townhome development for this 1.03-acre site. Planned Unit Development (PUD) A PUD is designed to allow for comprehensively planned projects which provide for innovative and imaginative approaches to urban design and land development. A PUD is a negotiated contract for land development between the private developer and the public governmental entity. This differs from the traditional approach to land development wherein land is developed pursuant to minimum standards previously adopted by the government. A PUD permits flexible variation from established land regulations as contained in zoning districts and in platting and subdivision requirements. The developer, with City staff guidance, Planning and Zoning Commission review, and City Council approval, may develop its own guidelines for the best development of the land in question. Key Requirements of the Ordinance Amendment Exhibit A The properties are required to be developed in accordance with Exhibit A of the proposed ordinance. This preliminary site plan has been reviewed and approved by the City s engineer and staff. Furthermore, this exhibit limits the number of units for the development to five, which closely aligns with the existing neighborhood. Exhibit B The developer is required to design the housing units in accordance with the color renditions as included in Exhibit B. Staff believes this proposed design aligns with the City s Dutch architecture requirements in the nearby Central Business District. In addition, staff believes the design will complement the existing neighborhood.

12 Key Requirements of the Ordinance Amendment (continued) Zoning District Modifications The proposed ordinance requires the development to be in conformance with the R3 zoning district site development requirements except for the following modifications: Zoning requirements of Table (R3) waived: 1. Minimum lot area shall be reduced from 6,500 square feet to 6,000 square feet. 2. Front yard setback shall be reduced from 25 feet to 20 feet. 3. Side yard setback shall be reduced from 10 feet to 7 feet. 4. Minimum site area per housing unit shall be reduced from 6,500 square feet to 6,000 square feet. Performance greater than the minimum requirements of the zoning ordinance: 1. Section 3 of the ordinance requires the design of the residential units shall be in accordance with the color renditions submitted and attached to the PUD ordinance as Exhibit B. Comprehensive Plan The Future Land Use Map of the Comprehensive Plan targets the proposed site for Low-Density Residential which matches the developer s intended use. For this reason, staff believes the proposed PUD meets the requirements of the City s Comprehensive Plan. Petition Chapter of the City Code requires 50% of property owners within 300 feet of the proposed rezoning to sign the rezoning petition for advisory purposes only. However, failure to obtain the threshold level shall not prevent continuance of the rezoning application. Staff did not receive a petition with this request. Summary Staff believes the proposed ordinance meets the requirements of the City s zoning code. In addition, staff also believes the proposed ordinance is consistent and in conformance with the City s Comprehensive Plan. Therefore, staff is recommending approval of the proposed ordinance which would formally amend the previously approved PUD, and allow the accommodation of single-family detached homes. ATTACHMENTS: REPORT PREPARED BY: REVIEWED BY: RECOMMENDATION: Ordinance, Exhibit A, Exhibit B, Location Map, Current Zoning Map, Future Land Use Map, Property Owner Comment City Administration CITY ADMINISTRATOR CITY CLERK Approve ordinance

13 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PELLA, IOWA, BY AMENDING THE PUD PLAN FOR PROPERTY LOCATED AT FRANKLIN STREET, CITY OF PELLA, MARION COUNTY, IOWA WHEREAS, the Pella Zoning Ordinance allows for the development of a Planned Unit Development (PUD) to allow for a comprehensively planned project which provides for innovative and imaginative approaches to urban design and land development; WHEREAS, a PUD was approved for the property located at Franklin Street by Ordinance No. 933; WHEREAS, the Developer and City wish to amend the PUD Plan for this property to accommodate detached single-family housing rather than attached housing; WHEREAS, pursuant to Section (3)(F) of the Pella Zoning Ordinance, substantial and material changes to a PUD require approval by ordinance following planning and zoning commission review; WHEREAS, the City Council finds the proposed amendments to the PUD Plan to be consistent with an in furtherance of the City s comprehensive plan, zoning ordinance, subdivision ordinance, and platting requirements. NOW, THEREFORE, be it ordained by the City Council of the City of Pella, Iowa, that: SECTION 1. PUD PLAN AMENDMENT. The PUD Plan for the following property is hereby amended: Lot Six (6) in Block Twenty-three (23) in the City of Pella, Iowa; and Lot Seven (7) in Block Twenty-three (23) in the City of Pella, Iowa; and The West Half (W 1/2) of Lot Eight (8) in Block Twenty-three (23) in the City of Pella, Iowa, except the North 60 thereof. The property shall remain under PUD zoning, however, the regulations contained within Ordinance No. 933 are replaced with the regulations contained within this Ordinance. SECTION 2. PRELIMINARY SITE PLAN. Attached hereto and labeled as Exhibit A and made a part hereof is the Site Plan submitted by Developer as required by Section (4) of the Pella Zoning Ordinance. The property shall be developed in accordance with this Site Plan. In the event of a conflict between the written terms of this Ordinance and the notations on the Site Plan, the written text of the Ordinance shall prevail.

14 SECTION 3. DESIGN STANDARDS. Attached hereto and labeled as Exhibit B and made a part hereof is the Concept Plan submitted by Developer as required by Section (4) of the Pella Zoning Ordinance. The exterior of the property shall be developed in accordance with this Concept Plan. In the event of a conflict between the written terms of this Ordinance and the notations on the Concept Plan, the written text of the Ordinance shall prevail. SECTION 4. CONDITIONS. The following conditions, restrictions, and regulations are adopted as a part of this approval: A. General Conformance to Zoning Ordinance. Unless otherwise specified herein, the development of the land shall be in accordance with the provisions of the R3 zoning district. B. Zoning Requirements Waived or Amended. 1. The requirements of Table (R3), minimum lot area, shall be reduced from 6,500 square feet to 6,000 square feet. 2. The requirements of Table (R3), front yard setback, shall be reduced from 25 feet to 20 feet. 3. The requirements of Table (R3), side yard setback, shall be reduced from 10 feet to 7 feet. 4. The requirements of Table (R3), minimum site area per housing unit, shall be reduced from 6,500 square feet to 6,000 square feet. SECTION 5. NOTATION. The Zoning Administrator shall hereby record the ordinance number and date of passage of this ordinance. SECTION 6. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 7. 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 8. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. First Reading Passed: Second Reading Passed: Third Reading Passed:

15 Passed and adopted this day of, James Mueller, Mayor ATTEST: Mandy Smith, City Clerk I, Mandy Smith, City Clerk of the City of Pella, Iowa, do hereby certify that the foregoing ordinance was passed and approved by the City Council of the City of Pella on the day of, 2018 and was published in the Pella Chronicle, a newspaper of general circulation in the said City of Pella on the day of, Mandy Smith, City Clerk \

16 Exhibit A (Site Plan) to Ordinance No. PROJECT LOCATION ENGINEERS & SURVEYORS 500 E. Taylor, Suite C Creston, Iowa Phone Fax rd Avenue East, Suite 1 P.O. Box 451 Oskaloosa, Iowa Phone Fax Iowa Toll Free @gardenassociates.net EAST 3RD STREET 163 VICINITY MAP SCALE: NONE FRANKLIN ST. SUBDIVISION LOTS 6, 7 AND 8 OF BLOCK 23 O.P. CITY OF PELLA, IOWA COPYRIGHT 2018GARDEN & ASSOCIATES, LTD. SHEET TITLE PRELIMINARY LAYOUT SCALE: 1"=20' FIELD BOOK: 1 Inch = 20 ft. GENERAL SYMBOLS LEGEND DRAWN BY: TRH FRANKLIN STREET APPROVED: BJU REVISIONS: DATE: MAY 9, 2018 GENERAL ABBREVIATIONS LEGEND PROJECT NO.: SHEET NO.: 1 OF 1

17 DeVries PUD Amendment Exhibit B-1 (Concept Plan) to Ordinance No.

18 DeVries PUD Amendment Exhibit B-2 (Concept Plan) to Ordinance No. Quincy, IL Galesburg, IL Burlington, IA Hannibal, MO Pella, Iowa 604 Liberty Street, Suite KLINGNER & ASSOCIATES P.C. This document shall not be used for any purpose or project for which it is not intended. Klingner & Associates P.C. and their Divisions shall be indemnified by the client and held harmless from all claims, damages, liabilities, losses and expenses, including attorneys fees and costs arising out of such misuse or reuse of this document. In addition, unauthorized reproduction of this document, in part or as a whole, is prohibited. # REVISION HISTORY DESCRIPTION DATE APPR PRELIMINARY NOT FOR CONSTRUCTION 1 PERSPECTIVE VIEW A201 6/6/2018 4:34:51 PM C:\Users\dgm\Documents\A16_Pella Dutch Row_Houses_ _dgm.rvt PUD TOWNHOMES LARRY DE VRIES PELLA, IA 2 FRONT ELEVATION A201 1/8" = 1'-0" Non-Reduced Sheet Size 24" x 36" Full sized plans have been prepared using standard scales. Reduced sized plans may not conform to standard scales. DESIGNED KAM/DGM FIELD CHECKED KAM DRAWN DGM FIELD BOOK SHEET TITLE CHECK DATE 06/08/2018 PERSPECTIVE VIEW AND FRONT ELEVATION PROJECT NO. Project # DRAWING ISSUED DATE: 06/08/2018 SHEET A201

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23 T H E CITY of PELLA STAFF MEMO TO PLANNING & ZONING COMMISSION ITEM NO: E-1 SUBJECT: Proposed site plan to construct a 6,400-square foot building addition to the east side of Plant 4 located at Vermeer Corporation (Case PC18-015) DATE: June 25, 2018 BACKGROUND: Vermeer Corporation has submitted a site plan to construct a 6,400-square foot building addition to Plant 4. The proposed addition is intended to enclose the loading dock area and provide additional space for indoor equipment servicing and warehouse storage, which is the primary use of the existing structure. PELLA CITY CODE REQUIREMENTS FOR SITE PLANS: The zoning ordinance states that the Planning and Zoning Commission shall review and approve the site plan based on the criteria established in Table and conformance with applicable regulations in this zoning ordinance. The Planning and Zoning Commission shall make the following findings before approval of the site plan: 1. The proposed development, together with any necessary modifications, is okay with the criteria established in Table Any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects. 3. The site plan conforms to the zoning ordinance and the Comprehensive Plan. CURRENT ZONING AND LAND USES: The property referenced above is currently in the M2, Heavy Industrial zoning district. This district is intended to accommodate a wide variety of industrial uses, some of which may have significant external effects. These uses may have operating characteristics that create conflicts with lower-intensity surrounding land uses. The district provides the reservation of land for these activities and includes buffering requirements to reduce incompatibility. Adjacent Base Zoning Districts North South East West A1, Agricultural M2, Heavy Industrial District M2, Heavy Industrial District M2, Heavy Industrial District Proposed Land Use The zoning ordinance classifies this project as Warehousing (Enclosed) and Equipment Services, which are respectively defined as uses including storage, distribution and handling of goods and materials within enclosed structures, wholesale distributors, storage warehouses, and van and storage companies and establishments or places of business primarily engaged in sale and/or service of automobiles, trucks, or heavy equipment. This proposed use is permitted by right in the City s M2 zoning district.

24 HEIGHT AND SCALE: Height and Bulk: Development should minimize differences in height and building size from surrounding structures. Differences should be justified by urban design considerations. STAFF COMMENT: Per Table , the M2 zoning district does not restrict buildings to a maximum height, although the expected height is expected to be consistent with the existing buildings located on the property. The proposed development meets this code requirement. Setbacks: Development should respect pre-existing setbacks in surrounding areas. Variation should be justified by site or operating characteristics. STAFF COMMENT: Per Table , the minimum setbacks for the M2 zoning district are provided in the table below. Staff finds the proposed site plan to comply with this code requirement. Minimum Required Yard Setbacks Front = 25-feet Street Side = 25-feet Interior Side = 0-feet Rear = 40-feet Building Coverage: Building coverage should be like that of surrounding development, if possible. Higher coverage should be mitigated by landscaping or site amenities. STAFF COMMENT: Staff believes the development complies with this code requirement. SITE DEVELOPMENT: Frontage: Project frontage along a street should be like lot width. STAFF COMMENT: Staff finds that the subject property meets this code requirement. Access and Internal Circulation: Development must have access to adjacent public streets and ways. Internal circulation should minimize conflicts and congestion at public access points. STAFF COMMENT: The plan does not alter the site s vehicular accessways along East Vermeer Road. Therefore, staff believes the proposed development meets this code requirement. Off-Street Parking: Parking should serve all structures with minimal conflicts between pedestrians and vehicles. Structures must be accessible to public safety vehicles. STAFF COMMENT: The 6,400-square foot building addition will be used primarily for warehousing. City code requires this project to provide two parking spaces based on the calculation of one per 5,000 square feet. It is important to note that there are currently 2,239 parking spaces at this location. Staff finds that the site plan complies with this code requirement. Landscaping & Screening: Landscaping should be integral to the development, providing street landscaping, breaks in uninterrupted paved areas, and buffering where required by surrounding land uses. Parts of the site with sensitive environmental features or natural drainage ways should be preserved. STAFF COMMENT: Per City code, landscaping and screening requirements for parking areas in the M2 zoning district are not required unless adjacent to non-industrial zones.

25 Building Design: Architectural design and building materials should be compatible with surrounding areas or highly visible locations. STAFF COMMENT: This requirement is not applicable to this development. OPERATING CHARACTERISTICS: Traffic Capacity: Project should not reduce the existing level of traffic service on adjacent streets. Compensating improvements will be required to mitigate impact on street system operations. STAFF COMMENT: Staff believes the improvements will not impact existing traffic patterns or volume. External Traffic Effects: Project design should direct non-residential traffic away from residential areas. STAFF COMMENT: Staff finds the project design sufficiently directs non-residential traffic away from any nearby residential land uses. Operating Hours: Projects with long operating hours must minimize effects on surrounding residential areas. STAFF COMMENT: The applicant has indicated that the hours of operation will continue as they have in the past, therefore staff believes the development meets this code requirement. Outside Storage: Outside storage areas should be screened from surrounding streets and less intensive land uses. STAFF COMMENT: The site plan does not incorporate an outdoor dumpster enclosure. The applicant has stated that trash receptacles will be stored indoors, therefore this requirement is not applicable. PUBLIC FACILITIES: Sanitary Waste Disposal: Developments within 300 feet of a public sanitary sewer must connect to a sewer system. Individual disposal systems, if permitted, shall not adversely affect public health, safety, or welfare. Sanitary sewer must have adequate capacity to serve development. STAFF COMMENT: Sanitary sewer will not be changed or modified. Utility Services Water: Project must be served by utilities. Rural estate subdivisions should be in designated areas that can accommodate utility and infrastructure installation consistent with the need to protect the environment and public health. STAFF COMMENT: Water services will not be changed or modified. Storm Water & Drainage: Development should handle storm water adequately to prevent overloading the public storm water management system. Development should not inhibit development of other properties. Development should not increase probability of erosion, flooding, landslides, or other run-off related effects. STAFF COMMENT: The City engineer has approved the site plan s storm water management plan and drainage calculations.

26 COMPREHENSIVE PLAN: Chapter (F)(3) requires the proposed site plan to conform to the City s Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan identifies this site for General Industrial land uses. Staff believes the proposal meets the community s goals listed in the Comprehensive Plan and complies with the Future Land Use Map. It is important to note, the developer is planting additional crab apple trees to provide additional buffering for the institutional use, which abuts this development. STAFF RECOMMENDATION: Staff believes the proposed site plan meets the requirements of the City s zoning code and is consistent with the City s Comprehensive Plan. Therefore, staff is recommending the site plan be approved as submitted and presented today. PLANNING AND ZONING COMMISSION ACTIONS: The Planning and Zoning Commission has the following options: 1. Approve the site plan as submitted (staff recommendation) 2. Approve the site plan with conditions or revisions 3. Table the site plan 4. Deny the site plan ATTACHMENTS: REPORT PREPARED BY: REVIEWED BY: RECOMMENDATION: Aerial Map, Application, Elevations, Site Plan Bryce C. Johnson, Zoning Administrator CITY ADMINISTRATOR CITY CLERK Approve site plan as submitted

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31 ITEM NO: F-1 SUBJECT: T H E CITY of PELLA STAFF MEMO TO PLANNING & ZONING COMMISSION DATE: June 25, 2018 Work Session to Discuss Requiring Special Use Permits for all Cocktail Lounge Uses BACKGROUND: The City Council has requested the Planning and Zoning Commission review requiring special use permits for all cocktail lounge uses. As background, during discussions regarding potential brewpub or microbrewery text amendments, Council discussed the benefit of requiring a special use permit for all cocktail lounge uses, regardless of their locations and zoning classifications. Currently cocktail lounges are permitted by right in the following zoning districts: Mixed Use Urban Commercial Corridor (CUC), Community Commercial District (CC), Commercial Planned Development District (CPD), Limited/Light Industrial District (M1) and Heavy Industrial District (M2). Additionally, cocktail lounges are permitted in the Central Business District (CBD) by special use permit, with a maximum limit of two. Special Use Permit Requirements As the Commission is aware, special use permits relate to uses that are allowed in specific zoning districts, provided they meet certain conditions as set out in the ordinance. Section of the Zoning Ordinance specifies that special use permits are appropriate for uses which have unusual site development or operating characteristics that could adversely affect surrounding properties. Impacts the Board of Adjustment are likely to consider prior to issuing a special use permit include public safety concerns, traffic impacts, parking requirements, and necessary infrastructure, among others. In addition, the Board of Adjustment is required to hold a public hearing and notify neighboring property owners before issuing a special use permit. This process provides a forum for any adjacent property owners who may have concerns with the proposed business. In addition, the Zoning Ordinance grants the Board of Adjustment with the authority to establish special site development or operational regulations as a condition for approval of a special use permit. Finally, just as the Board of Adjustment can issue special use permits, they can also revoke them in the event of non-compliance. Existing Cocktail Lounges Based on liquor license information which is required by the State of Iowa for the operation of a cocktail lounge, there are currently four businesses that operate as a cocktail lounge under the City s zoning definition; one of which is expected to close in the coming months. Of the remaining three businesses, two operate in the Central Business District (CBD) and were therefore required to obtain a special use permit based on existing zoning requirements. The other currently operates in the Community Commercial District (CC) and would be grandfathered in. Summary Staff is seeking direction from the Planning and Zoning Commission on the proposed requirement. ATTACHMENTS: REPORT PREPARED BY: REVIEWED BY: RECOMMENDATION: Ordinance, Zoning Map City Administration CITY ADMINISTRATOR CITY CLERK Seeking input from the Planning and Zoning Commission

32 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PELLA BY AMENDING TABLE , PERMITTED USES BY ZONING DISTRICTS, BY REQUIRING SPECIAL USE PERMITS FOR COCKTAIL LOUNGE USES IN THE CUC, COMMERCIAL MIXED USE URBAN CENTER, CC, COMMUNITY COMMERCIAL DISTRICT, CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT, M1, LIMITED/LIGHT INDUSTRIAL DISTRICT, AND M2, HEAVY INDUSTRIAL DISTRICT Be it enacted by the City Council of the City of Pella, Iowa: SECTION 1. TEXT AMENDMENTS. The City Code of the City of Pella is hereby amended by amending Chapter 165, Zoning Ordinance, as follows: Amending Table Permitted Uses by Zoning Districts, Commercial Uses, by removing P for Uses Permitted by Right and replacing with S for Uses Permitted by Special Permit for Cocktail Lounge Use in the following zoning districts: CUC, CC, CPD, M1, and M2. SECTION 2. NOTATION. The Zoning Administrator shall hereby record the ordinance number and date of passage of this ordinance. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. 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 5. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. First Reading Passed: Second Reading Passed: Third Reading Passed: Passed and adopted this day of, ATTEST: James Mueller, Mayor Mandy Smith, City Clerk

33 I, Mandy Smith, City Clerk of the City of Pella, Iowa, do hereby certify that the foregoing ordinance was passed and approved by the City Council of the City of Pella on the day of, 2018 and was published in the Pella Chronicle, a newspaper of general circulation in the said City of Pella on the day of, Mandy Smith, City Clerk

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