Loading...
HomeMy WebLinkAboutA001 - Council Action Form dated February 23, 1988 ITEM #: � DATE: 0 23/88 Y1 COUNCIL ACTION FORM SUBJECT: Motion to Set March 8, 1988, as the Date of Public Hearing to Consider a Text Amendment to the Zoning Ordinance (Residential Corrections Facilities) BACKGROUND: On October 20, 1987, the City Council referred to staff a request to permit Residential Corrections Facilities as permitted uses within various zoning districts within the City. City staff have been working to develop ordinance alternatives that would accommodate this request. Twelve other cities throughout Iowa were contacted to determine how this use was regulated. In general, these cities have approached the regulation of Correctional Facilities in one of three ways which include: 1. Providing for Residential Corrections Facilities as Conditional or Special Use only. (Ames along with six other cities are in this category.) 2. Providing for Residential Corrections Facilities as permitted uses in selected zoning districts. (Two cities are in this category.) 3. Providing for Residential Corrections Facilities as permitted uses in some selected districts and also providing for the same use as a conditional or special use in other districts. (Four cities are in this category.) (For a complete listing of cities contacted with the general ordinance approach, refer to the attached material.) After reviewing this material, plus analyzing the districts within the City that might be most appropriate for correctional facilities, the City staff recommended that the following districts be considered for correctional facilities as permitted uses: 1. R-3 (Multiple-Family Residential); 2. R-4 (Multiple-Family Residential); 3. G-C (General Commercial); and 4. C-C (Concentrated Commercial). 2 These districts were recommended with the condition that correctional facilities be separated by at least 500 feet from another correctional facility or supervised group home. The Planning and Zoning Commission reviewed this request at their meeting of February 3, 1988, and made the following recommendation. Correctional facilities be provided as permitted uses in the following districts: 1. R-4 (Multiple Family Residential); 2. G-C (General Commercial); 3. C-C (Concentrated Commercial); and 4. P-C (Planned Commercial). In addition, the Planning and Zoning Commission recommended that correctional facilities be provided for in the R-3 district only as a special use. Along with these district recommendations, there is also recommended definition language that describes a residential corrections facility as a facility accredited by the state that will house adult offenders who are placed there as part of some agreement of probation, parole, or other agreement. A copy of the proposed ordinance language and a map illustrating the areas where correctional facilities will be provided for are attached for your review. ALTERNATIVES: 1. The City Council can approve of residential corrections facilities as permitted uses with a 500 foot separation requirement in the R-3, R-4, G-C, and C-C districts and set March 8, 1988, as the date of the public hearing to consider the ordinance amendment. 2. The City Council can approve of residential corrections facilities as permitted uses with a 500 foot separation requirement in the R-4, G-C, C-C, and P-C districts plus providing for corrections facilities as special uses in the R-3 district. The City Council can also set March 8, 1988, as the date of public hearing to consider the ordinance amendment. 3. The City Council can decide not to amend the zoning ordinance and continue to provide for residential corrections facilities as special uses in all zoning districts. 4. The City Council can decide to provide for residential corrections facilities as permitted uses in other districts than those recommended. 3 MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #2. This would provide for Residential Corrections Facilities as permitted uses in the R-4, G-C, C-C, and P-C districts and as a special use in the R-3 district all with a 500 separation requirement. This would also set March 8, 1988, as the date of public hearing to consider the ordinance amendment. Although this alternative is slightly different from that originally proposed by Staff, the differences are not substantial and will accomplish the initial objectives of allowing for residential corrections facilities as a permitted use with the 500 foot separation requirement. SURVEY OF ZONING REQUIREMENTS TWELVE CITIES IN IOWA REQUIRED EXISTING RESIDENTIAL CONDITIONAI. CITY CORRECTIONS FACILITY USE PERMIT PERMITTED USE Ames Yes Conditional use in any district Cedar Falls No Permitted in multiple-family districts; considered boarding or lodging house Cedar Rapids Yes Conditional use in multiple- family, office- service, and two commercial districts; there must be 1/4 mile separation between group homes; classi- fied as a reha- bilitation home Council Bluffs Yes Conditional use in an industrial district Marshalltown Yes Not directly referred to in the zoning ordinance; interpreted as a conditional use on the C_B_D. Mason City No Conditional use Permitted use in in multiple- office and family district commercial districts Sioux City Yes Conditional use Permitted use in in single-family all multiple- and two-family family districts; districts considered a transitional service facility REQUIRED EXISTING RESIDENTIAL CONDITIONAL CITY CORRECTIONS FACILITY USE PERMIT PERMITTED USE Davenport Yes Conditional use Permitted use in in agricultural high-density, multi- or low- and ple-family, commer- medium-density cial, office, residential neighborhood districts commercial, and industrial if it has a residen- tial character; considered a boarding house Des Moines Yes Permitted use in multiple-family and any commercial district; 1/4 mile separation from other group homes Dubuque Yes Conditional use Allowed as a in multiple- secondary use family and office in planned residential residential district Fort Dodge Yes Conditional use in multiple- family and office- commercial Iowa City Yes Conditional use in all multiple- family districts, office commercial, and intensive commercial; classified as .a group care facility Waterloo Yes Conditional use in any zone j - /, � Tr i r r- r- r- r wI / 7 0 41 ® j "t ' 'S' � . � i � ■ KJ, G■—��even: lgt4�.l� "' ppp i Imo .' "' � � Ifs► , � - ■ IE ► � �■lenv w ! wil V4 M51— r LEI - 1111 • EMM ! r t�".,aixl Iw X t a» �.ss■ Js i 7I�a • co rn II H