Zoning ordinance amended

July 10--The first reading of a Zoning Ordinance Amendment was approved by the Pella City Council. If adopted this action would amend Chapter 165, Zoning Regulations by adding a new section pertaining to outdoor seating in the Central Business District. Second and third readings were waived by Council and the ordinance was adopted.

At the Policy and Planning meeting on April 15, 2014, Council discussed a request by the Chamber of Commerce to permit outdoor cafe/bistro style seating in the downtown area. The direction was for City staff and the Chamber of Commerce to work together on possible guidelines that would permit outdoor seating in the downtown. In order to establish these guidelines, an ordinance amendment is necessary authorizing the administrative permitting process under the Zoning Regulations, Chapter 165.30, along with a resolution approving the following guidelines. At the Policy and Planning meeting on June 3, 2014, staff was directed to proceed with the ordinance amendment.

Listed below is a summary of the ordinance:

-Permit Process: A Central Business District (CBD) Outdoor Seating Permit would be required annually pursuant to the Pella CBD Outdoor Seating Guidelines.

-Appeal: A business denied a permit for outdoor seating may appeal to City Council.

-Revocation: The City may revoke a permit issued if there is noncompliance with no reasonable effort to address said noncompliance within 7 business days.

-Abatement and City Rights: The City at any time reserves the right to abate any public safety issue associated with outdoor seating and to perform any related public works improvements, such as sidewalk repairs.

At the Planning and Zoning Commission meeting on June 23, 2014, approval of the proposed ordinance amendment was recommended by a vote of 9 to 0, with one abstention.

Following the amendment adoption, council approved a resolution approving CBD Outdoor Seating Guidelines.

This resolution approves the Central Business District (CBD) Outdoor Seating Guidelines, which provides a framework for permit review of any proposed outdoor seating and tables.

Listed below is a summary of the guidelines:

-Eligibility: In order to be able to have outdoor seating, the applicant must be a permanent business in the Central Business District zoned area and have sufficient space directly in front of their business to not block pedestrian traffic on the public walk or block ingress/egress to a building.

-Application: An application process would be required, including application, site plan, photos, hold harmless and proof of liability insurance.

-Outdoor Seating Season: Tables and chairs are permitted in the Pella Central Business District from April 1 --October 31. All furniture would have to be removed during Tulip Time.

-Furniture: There would be furniture materials and other standards, including Community Development Committee approval, as part of the application process. No signage would be permitted in conjunction with the outdoor furniture, though business contact name and number would be required in case furniture would be misplaced for any reason.

-Circulation Room: All outdoor seating areas would have to leave at least 5 feet of unobstructed pedestrian space on the public sidewalk.

-Setbacks: A business may be required to adjust the outdoor seating area's layout, dimensions or distance from the property line (2 feet or more) to ensure that this visibility is maintained for adjacent storefronts. Where a business is not a zero (0) lot line property, where the public right-of-way abuts the front of the business front, and where comparable outdoor seating can be reasonably accommodated on private property without conflicting with any other City Code provisions, outdoor seating would need to be placed on the private property. All seating and furniture must be placed within five (5) feet of the business storefront.

-Pre-Existing Benches: Relocation of donor benches would only be permitted with consent of donor and City.

-Lost/Stolen Goods: The City would not be responsible for lost, stolen or damaged furniture.

In other business

-Council approved resolutions approving Preliminary and Final Plat for Oakwood Estates Plat 2

Nelson and Elinor Bogaard are proposing to plat an eight lot subdivision, Oakwood Estates Plat 2, currently part of Outlot A of Oakwood Estates Plat 1. The area is zoned R1 Residential. Proposed lot sizes would range from 0.288 to 0.351 acres.

This request includes a revised preliminary plat approved by Council on March 18, 2014 as the developer previously proposed six lots but decided to add two additional lots.

This first resolution approves the preliminary plat for Oakwood Estates Plat 2. As part of this subdivision, the developer will be responsible for the extension of West 4th Street including 1,535 square yards of 7 inch thick PCC pavement, 450 linear feet of 8" water main, and 160 linear feet of 8" PVC trenched sanitary sewer along with electrical and other public improvements.

The final plat, which was also approved, is the final plan of the subdivision plat prepared for filing and recording in conformance with the Subdivision Regulations. Legal documents, including owner's consent to plat, petition to plat, resolution to plat and attorney's opinion of title have been reviewed for this final plat and approved by the City Attorney. Performance bond has been approved for the associated public improvements.

The Planning and Zoning Commission approved the final plat at their June 23, 2014 meeting by a vote of 9 to 0, with 1 abstention.

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