Planning and Zoning Commission

CITY OF WEST BURLINGTON Planning and Zoning Commission Meeting Thursday, March 14, 2024 - 5:30 PM West Burlington City Hall 122 Broadway Street TENTATIVE AGENDA CALL TO ORDER ROLL CALL PERFECTING & APPROVAL OF AGENDA PERFECTING & APPROVAL OF MINUTES 1. Consider approval of minutes from the Planning and Zoning meeting on November 14,2023 Planning and Zoning Commission - Nov 14 2023 - Minutes - Pdf NEW BUSINESS 1. Consider request amending the Zoning Code to allow the construction and regulation of a Campground Memo - Consider amending City Code to regulate Campgrounds Reif Request & Site Plan OLD BUSINESS ADJOURN Page 1 of 14 Agenda Item #1. West Burlington Planning and Zoning Commission Meeting Minutes Tuesday, November 14, 2023 The West Burlington Planning and Zoning Commission met on Tuesday, November 14, 2023, at 5:30 p.m. at West Burlington City Hall, 122 Broadway Street, West Burlington, Iowa, with Chairman presiding. MEMBERS PRESENT: Blake Ruther, Karen Dewey, Joe Rector, and Sandy Lee MEMBERS ABSENT: Mary Storch ALSO PRESENT: City Administrator Gregg Mandsager and City Clerk Kelly Fry CALL TO ORDER ROLL CALL PERFECTING & APPROVAL OF AGENDA Moved by Ruther, seconded by Dewey, to approve the agenda as presented. Motion carried by the following votes: Ayes: Ruther, Dewey, Deen, Rector, and Lee PERFECTING & APPROVAL OF MINUTES Consider approval of minutes from the Planning and Zoning meeting on January Moved by Ruther, seconded by Dewey, to approve the minutes from the January 12, 2023 Commission meeting. Motion carried by the following votes: Ayes: Ruther, Dewey, Deen, Rector, and Lee NEW BUSINESS Discuss Updates to the City's Comprehensive Plan and Zoning and Subdivision Regulations City Administrator Mandsager updated the Commission on plans to update the City's Comprehensive Plan and Zoning Codes. City Council has entered into a contract with Bolten-Menk to develop a unified vision among community members, elected officials, and the community. The current Comprehensive Plan is outdated and does not provide a long-range vision or goals for the City. Most plans are written to provide direction for ten to twenty years after their adoption. City Administrator Mandsager highlighted the benefit of having a cohesive plan in place and how the planning process provides an opportunity for citizens to give their input. Bolten-Menk will use a variety of tools to gain public input and encourage the Commission members to be involved with the process. A comprehensive plan serves the following functions: • The plan provides continuity. The plan provides continuity across time and gives successive public bodies a common framework for addressing land use issues. Page 1 of 3 Page 2 of 14 Agenda Item #1. • It is a tool the City can use to seek funding by illustrating the City's goals are in place and identifying the community's needs •It allows communities to plan development in a way that protects their valued resources and identifies environmental features like stormwater issues, transportation needs, and housing needs • It provides guidance for shaping the appearance of the community. • It promotes economic development. • It provides justification for decisions. Consider a Final Plat for Wayne Johnson Subdivision The property located at 410 Wahington Road is being subdivided into two lots. Lot one will have the single-family home and the remainder of the lot will be joined with Lot 3 in the Walker Subdivision, creating Lot 2 in the Wayne Johnson Subdivision. The Final Plat has been reviewed by City Staff and appears to be in compliance with the City Code. This is a simple split, which does not require a Preliminary Plat. Moved by Ruther, seconded by Dewey, to recommend City Council waive the Preliminary Plat and approve the Final Plat for the Wayne Johnson Subdivision. Motion carried by the following votes: Ayes: Ruther, Dewey, Deen, Rector, and Lee Consider a Final Plat for the Fourth Addition to Whiteacre, Inc. Subdivision The proposed Fourth Addition to Whiteacre Subdivision has been created to realign two lots in the Second Addition to Whiteacre, Inc. Subdivision. The lot along Agency (Lot 1) will extend further north and the lot along Broadway (Lot 2) will be reduced to 1.10 acres. The Final Plat has been reviewed by City Staff and appears to be in compliance with the City Code. This is a simple re-aligning of lots, which does not require a Preliminary Plat. Moved by Rector, seconded by Ruther, to recommend City Council waive the Preliminary Plat and approve the Final Plat for the Fourth Addition to Whiteacre Inc. Subdivision. Motion carried by the following votes: Ayes: Ruther, Dewey, Deen, Rector, and Lee Appoint Chairman for 2024 Moved by Rector, seconded by Ruther, to appoint Karen Dewey as Chairman for 2024. Motion carried by the following votes: Ayes: Ruther, Dewey, Deen, Rector, and Lee Appoint Vice-Chairman for 2024 Moved by Dewey, seconded by Rector, to appoint Joe Rector as Vice-Chairman for 2023. Motion carried by the following votes: Ayes: Ruther, Dewey, Deen, Rector, and Lee Appoint Representative to serve on the Board of Adjustment for 2024 Moved by Rector, seconded by Dewey, to appoint Blake Ruther as the P&Z Commission's representative on the Board of Adjustment for 2023. Motion carried by the following votes: Ayes: Ruther, Dewey, Deen, Rector, and Lee Page 2 of 3 Page 3 of 14 Agenda Item #1. OLD BUSINESS ADJOURN Moved by Dewey, seconded by Lee, to adjourn the meeting at 6:35 p.m. Motion carried by the following votes: Ayes: Ruther, Dewey, Deen, Rector, and Lee Kelly D. Fry, City Clerk Page 3 of 3 Page 4 of 14 Agenda Item #1. MEMORANDUM TO: Planning & Zoning Commission FROM: Kelly Fry, City Clerk DATE: March 8, 2024 SUBJECT: Consider amending the Zoning Code to create a Campground District The City has received a request from Clifford Reif, who owns the Hwy 34 Truck Stop at the corner of Hwy 34 and Hwy 406 Rd. Reif would like to build an RV Park on the property between the Truck Stop and the IAAP property. I have outlined the area in red in the picture below. This is the last piece of property located inside the city limits. The property to the west is owned by the IAAP. The lot is zoned I-3 (Heavy Industrial) and a campground is not a permitted use in that zoning district. The City Code does have a Zoning District that allows for a Mobile Home Park, but this would be more of a temporary campground construction rather than permanent residences. At this time, we are asking the Commission to consider the following options: 1. Is this the best use for the property? 2. Should the City consider allowing this type of use in an I-3 (Heavy Industrial Zoning District)? Section 165.13(2) lists the permitted uses in an I-3 Zoning District of the Code https://codelibrary.amlegal.com/codes/westburlingtonia/latest/westburlington_ia/0-0-0-4509#JD_165.13 3. Should a new Zoning District be created to allow this type of use? Page 1 of 7 Page 5 of 14 Agenda Item #1. I have pulled together some regulations from other communities that have campgrounds inside the city limits and drafted some regulations that could be used to regulate Campgrounds and a Campground Zoning District. These proposed regulations can be changed to meet our needs If you have questions as you read through this information, please feel free to stop in or give me a call and we can go through it in more detail. I will attach the letter from Mr. Reif along with his proposed site plan for the property. If we create a new Zoning District to regulate Campgrounds, the following Sections of the Current City Code would need to be amended: 1. Section 165.03 Definitions 2. Section 165.04 District Map 3. Section 165.06 R-Residential Districts – Definitions 4. Section 165.09 Special Requirements for R-5 Districts. The proposed amendments to our current language are highlighted in yellow. 1. 165.03 ZONING REGULATION DEFINITIONS Section 165.03 currently includes definitions for “Recreational Vehicle” and “Trailer” Recreational a vehicular type portable structure without permanent foundation, vehicle which can be towed, hauled or driven, and primarily designed as a temporary living accommodation for recreational camping and travel use; This includes, but is not limited to: travel trailers, truck campers, camping trailers and self-propelled motor homes Trailer a vehicular, portable structure built on a chassis, not constituting a mobile home or recreational vehicle, designed to be towed behind a motor vehicle PROPOSED AMENDMENT - Adds a new definition in Section 165.03 for “Campground” as follows: Campground means real property made available to persons for temporary camping, whether by camper, recreational vehicle, or similar device, and includes the outdoor recreational facilities located on the real property. “Campground” does not include a manufactured home community or mobile home park. 2. 165.04 DISTRICTS AND MAP Section 165.04(1) establishes the Base Zoning Districts for West Burlington. Page 2 of 7 Page 6 of 14 Agenda Item #1. PROPOSED AMENDMENT - Adds a new Zoning District titled “R-6 Campground Residence District” as follows: • A-1 Agricultural District • R-1 Rural Estate Residence District • R-2 Single-Family Residence District • R-3 Single and Two-Family Residence District • R-4 Multi-Family Residence District • R-5 Mobile Home Residence District • R-6 Campground Residence District • B-1 Limited Retail Business District • B-2 General Business District • I-1 Limited Industrial District • I-2 General Industrial District • I-3 Heavy Industrial District • SU-CC Specific Use: Community College District • SU-MC Specific Use: Medical Center District 3. 165.06 R RESIDENTIAL DISTRICTS – DEFINITIONS Section 165.06 of the City Code currently includes five Residential Districts (R-1, R-2, R- 3, R-4, R-5). PROPOSED AMENDMENT - Adds a sixth residential district titled “ R-6 CAMPGROUND RESIDENCE DISTRICT” as follows: 1. Purpose. These five six Residential Districts are established to regulate the location, density, and physical arrangement of dwellings in the City of West Burlington. While certain other uses are sometimes permitted, the primary focus of these districts will be the provision of dwelling space for the residents of the City. 2. List of Districts. The following Districts are hereby established and defined: A. R-1 RURAL ESTATE RESIDENCE DISTRICT (1) Purpose. This district is intended to provide for development of single-family detached dwellings in rural areas at the fringe of the developed area of the City, where municipal sewer infrastructure is not yet in place. Residences, blocks, and lots in this district may not conform in shape and size with ordinary rectangular alignment anticipated in the other Residential Districts. Certain adaptations may be allowed to accommodate alternative designs for streets and lot layouts in this district. B. R-2 SINGLE-FAMILY RESIDENCE DISTRICT (1) Purpose. This district is intended to provide for the development of low-density, single-family dwellings, without the intrusion of business or industry. Uses other than single-family residences will be restricted. C. R-3 SINGLE AND TWO-FAMILY RESIDENCE DISTRICT Page 3 of 7 Page 7 of 14 Agenda Item #1. (1) Purpose. This district is intended to provide for the development of single- family and two-family detached or semi-detached dwelling units, at a low to moderate density, without the intrusion of business or industrial development. D. R-4 MULTI-FAMILY RESIDENCE DISTRICT (1) Purpose. This district is designed to provide higher-density multiple-family residential development without the intrusion of business or industrial development. (2) This District has special requirements, not applicable to the other Residential Districts. Please see Section 165.08. E. R-5 MOBILE HOME RESIDENCE DISTRICT (1) Purpose. The R-5 Mobile Home Residence District is designed to promote the development of mobile and manufactured home parks, which are harmonious and non- conflicting with surrounding uses. (2) This District has special requirements, not applicable to other Residential Districts. Please see Section 165.09. F. R-6 CAMPGROUND DISTRICT (1) Purpose. This district is designed to regulate temporary campgrounds in the City of West Burlington, Iowa, and to provide the minimum standard specifications for the construction, installation, maintenance, and operation of said parks. Further, it is unlawful for any person to hereafter establish, maintain, conduct or otherwise operate within the corporate limits of West Burlington, Iowa, any campground, unless such person will first obtain a special exception and/or other approval for the use of the described area as provided for herein. As stated previously, a recreational vehicle or travel trailer may not be used for human occupancy on any premises outside of a Campground District. (2) This District has special requirements, not applicable to other Residential Districts. Please see Section 165.09. 4. 165.09 SPECIAL REQUIREMENTS FOR R-5 DISTRICTS. Section 165.09 currently establishes Special Requirements for R-5 Mobile Home Residence Districts. We would l amend this section to include Special Requirements for R-6 Campground Districts as well. PROPOSED AMENDMENT – Amends Section 165.09 to include Special Requirements for “R-6 Campground Districts” as well as the “R-5 Mobile Home Districts” as follows: The heading of this Section will be amended to read as follows: “165.09 SPECIAL REQUIREMENTS FOR R-5 MOBILE HOME RESIDENCE DISTRICTS AND R-6 CAMPGROUND DISTRICTS”. 1. For all requirements specific to the R-5 Mobile Home Residence District and R-6 Campground Districts, other than those listed below, see Residential Districts - Requirements (Section 165.07) Page 4 of 7 Page 8 of 14 Agenda Item #1. 2. Additional information on mobile and manufactured homes can be found in Section 146 of this Code of Ordinances. 3. R-5 MOBILE HOME RESIDENCE DISTRICTS Mobile Home Parks are subject to the following conditions: A. Each mobile home park shall be at least 5 acres in size, and each boundary line of the park shall be at least 200 feet from any residential structure located outside the park unless they are separated by a natural or artificial barrier. B. The park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water. Storm sewers and water retention ponds may be required. C. Each mobile home space shall be large enough to provide a distance of 10 feet between the side lot line and any mobile home or structure on the space, a front yard of not less than 15 feet and a rear yard of not less than 10 feet. D. All mobile home spaces shall abut upon a hard-surfaced and dust-free access drive of not less than 20 feet in width which shall have unobstructed access to a public street. E. All driveways and sidewalks in the park shall be hard-surfaced and lighted at night with electrical lights whose output shall be no less than 220 average lumens each (light output approximately equivalent to a 25-watt tungsten bulb), spaced at intervals of not more than 100 feet. F. Each mobile home park shall provide service buildings to house such toilet, bathing and other sanitary facilities and such laundry facilities as may be prescribed. G. Each trailer or mobile home space shall be serviced by not less than a 100-amp electrical service. H. Adequate sanitary facilities and supply of pure water shall be provided to each mobile home space. I. Each park shall comply with the regulations set forth by the General Assembly of Iowa. 4. R-6 CAMPGROUND RESIDENCE DISTRICTS Campgrounds are subject to the following conditions: A. Application for License to Operate a Campground. Any person desiring to operate or expand a campground will first file an application for a campground license with the Building and Zoning Enforcement Officer. The application will be in writing, signed by the applicant and landowner, and will be accompanied by an initial license fee payment. The Building and Zoning Enforcement Officer will forward said application and related materials to the City Public Works Director, Police Chief, and Fire Chief for their review and consideration, and when they have rendered their decision, the application will then be forwarded to City Council for final consideration, and action thereon. B. Annual License, Inspection, and Fees. The annual license fee for each campground will be set by Resolution of the City Council (Proposed Resolution to state $250) and payable to the City Clerk on or before the last day of April of each year. The campground operator will be required to coordinate an annual inspection with the Building and Zoning Enforcement Officer every year at least thirty (30) days prior to the expiration date of their license to allow for the on-site inspection of the various facilities of Page 5 of 7 Page 9 of 14 Agenda Item #1. the campground. The charge for the inspection will be borne by the campground operator at a rate set by Resolution of the City Council. (Proposed Resolution to state $45). C. Design, Development, and Maintenance Standards. The following listed standards will be used in the design, development, and maintenance of campgrounds\parks: (1) Each mobile home park shall be at least 5 acres in size, and each boundary line of the park shall be at least 200 feet from any residential structure located outside the park unless they are separated by a natural or artificial barrier. (2) The park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water. Storm sewers and water retention ponds may be required. (3) As required by city code, all service drives and parking areas within the park will be constructed of durable, dust-free material. (4) Recreational vehicles shall be separated from each other and from other structures by at least ten (10) feet. Any accessory structure such as attached awnings, carports or individual storage facilities shall, for purposes of this separation required, be considered to be part of the recreational vehicle. (5) All mobile home spaces shall abut upon a hard-surfaced and dust-free access drive of not less than 20 feet in width, which shall have unobstructed access to a public street. (6) All driveways and sidewalks in the park shall be hard-surfaced and lighted at night with electrical lights whose output shall be no less than 220 average lumens each (light output approximately equivalent to a 25-watt tungsten bulb), spaced at intervals of not more than 100 feet. (7) Each campground shall provide service buildings to house such toilet, bathing and other sanitary facilities and such laundry facilities as may be prescribed. (8) Each trailer or mobile home space shall be serviced by not less than a 100-amp electrical service. (9) A maximum of ten (10) recreational vehicles will be permitted on any acre of ground, including streets within a campground. (10) The main entrance will be off a public highway or street, and the city must approve it regarding location, width, grade, drainage, surface, etc. (11) There shall be a landscaped area of at least 20 feet wide along exterior lot lines and street frontages, suitably planted and maintained to provide visual screening from adjacent properties and public roadways. (12) Individual campsites will be developed, and no more than one recreational vehicle will occupy a site at the same time. (13) Each campsite must be clearly numbered in a logical numbering system and visible from the service drive. (14) The campground operator will provide an adequate system of enclosed refuse and garbage collection and necessary containers, and full use will be made of these services available for waste and garbage disposal. It will be the responsibility of the campground operator to provide such adequate service as may be required by the City. Page 6 of 7 Page 10 of 14 Agenda Item #1. (15) All construction, including electric and plumbing work, will be done to standards of national, state, and local codes as each applies and will meet the approval of the appropriate inspecting official of the City of West Burlington. (16) Provisions will be made for emptying holding tanks, if applicable. (17) Adequate sanitary facilities will be provided for each site. (18) Each site will be provided with an adequate supply of safe, potable water for drinking and domestic services. An adequate supply of hot water will be provided at all times in the service buildings for bathing, washing, cleaning, and laundry facilities. (19) All fires will be made in stoves or other equipment provided for that purpose. Open, unattended fires will not be permitted. (20) Playground equipment suitable for small children will be provided by the park operator. D. Length of Stay. (1) No recreational vehicle shall be used as a permanent place of dwelling for indefinite periods of time. Continuous occupancy extending beyond 60 days in any 12-month period is prohibited. (2) The park operator will be required to keep an accurate and complete record of the overnight guests harbored in the park. Said records will include the guest's name, address, auto license number, year and make of car, date of arrival and departure. This record will be shown upon request to any duly authorized representative of any law enforcement agency. (3) Any action toward removal of the wheels of a recreational vehicle, except for temporary purposes of repair or to attach the recreational vehicle to the grounds for stabilizing purposes, is hereby prohibited. (4) The storage of recreational vehicles is prohibited. Any recreational vehicle not occupied for more than 30 days shall be deemed in storage. E. Each and every rule and regulation promulgated by the Iowa State Department of Health and/or the Iowa Department of Natural Resources and all City regulations now in effect or which may hereafter be enacted affecting public health will be complied with. F. Construction Permit Required. A construction permit is required prior to: (1) Adding, subtracting, or re-configuring campsites. (2) Adding or extending water or sewer lines (3) Construction of any structure Page 7 of 7 Page 11 of 14 Agenda Item #1. Page 12 of 14 Agenda Item #1. Page 13 of 14 Agenda Item #1. Page 14 of 14