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
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