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Home My WebLink AboutA003 - Council Action Form dated March 26, 2002 ITEM# DATE 03/26/02 COUNCIL ACTION FORM SUBJECT: MOTION TO APPROVE TECHNICAL AMENDMENTS TO FIVE SECTIONS OF THE ZONING ORDINANCE. BACKGROUND: The ongoing administration of the Zoning Ordinance has led to the discovery of additional amendments that are needed to the adopted Zoning Ordinance (Chapter 29 of the Municipal Code). These amendments, a total of five at this time, address the following issues: 1 . Parking requirements for private clubs, fraternal organizations, libraries, museums, and community buildings. 2. Location of parking spaces in the front yard of the DCSC, HOC, and GI zoning districts. 3. Definition of child day care facilities in relation to the Code of Iowa. 4. Minimum frontage requirements in the Suburban Residential Medium Density zone. 5. Editing reference to landscape standards in the Suburban Residential floating zone. The proposed amendments are attached to this Action Form. An explanation of the need for the proposed Zoning Ordinance amendments is described in the following paragraphs. The first proposed amendment is a change to Table 29.406(2), which describes the minimum off-street parking requirement for "private clubs, fraternal organizations, libraries, museums and community buildings". The Zoning Ordinance in effect, prior to May, 2000, required one (1) parking space for each two hundred (200) square feet of gross floor area. The current Zoning Ordinance requires two (2) parking spaces for each two hundred (200) square feet of gross floor area. Staff believes it is excessive to require two (2) spaces for each two hundred (200) square feet of gross floor area for the uses described. This was likely an error, which was not discovered prior to adoption of the new Zoning Ordinance in May, 2000. Staff recommends changing the minimum off-street parking requirement for the uses described to one (1) parking space for each two hundred (200) square feet of gross floor area. The second proposed amendment is a change to Section 29.406(7), which permits the location of parking spaces in the front yard in "DCSC", "HOC" and "GI" zoning districts. This is inconsistent with the Zone Development Standards Tables for the "DCSC" and "CCN" zones. The "DCSC" Table does not allow parking between buildings and streets. The "CCN" Table does allow parking between buildings and streets. Staff believes the tables reflect the intent of the City Council to discourage off-street parking up to the property line in Downtown and Campustown. Whereas, the "CCN" (Community Commercial Node) zoning district has been applied to land in locations which are more suburban in nature, and one would expect to have off-street parking between the buildings and the street right-of-ways. Therefore, staff recommends that Section 29.406 be amended to remove "DCSC" and add "CCN" to be consistent with the Zone Development Standards for each of those zones. The third proposed amendment is a change to Table 29.501(4)-5, Child Day Care Facilities. This table references terms and definitions found in the Iowa Code. The terms in the Iowa Code and the Section numbers in the Iowa Code have changed since the Zoning Ordinance was adopted in May, 2000. Therefore, staff recommends that the proposed changes be adopted to be consistent with the changes in the Iowa Code, as they relate to regulations for child care. The fourth proposed amendment is a change to Table 29.1202(5)-2, Development Standards for the FS-RM (Suburban Residential Medium Density) zone. Recently, the City Council amended this table to allow for a smaller minimum lot area for Single-Family Attached Dwellings, and to allow for back-to-back single family attached dwellings with no rear yard setback. However, the minimum frontage requirement remained the same. At an earlier date, the City Council amended the minimum frontage requirement for single family attached dwellings in the FS-RL (Suburban Residential Low Density) zone from a minimum of 35 feet at the street line and 50 feet at the building line to 24 feet at the street line and at the building line. Staff believes it is necessary to make this same change to the minimum frontage requirement in the FS-RM zone, or the lot depth on the 2,400 and 1,200 square foot lots will be less than the minimum required lot width. This is not a workable layout for attached single family structures. The fifth proposed amendment is a change to Table 29.1202(6), Suburban Residential Floating Zone Suburban Regulations. The change relates to the Landscape Buffer Requirement, which specifies that the landscaping adhere to the "L.3 Low Wall Standards" as provided for in Section 29.403 of the ordinance". Staff recommends that the words: "Low Wall" be deleted from this section, since the L.3 landscaping standards do not include any reference to the term: "Low Wall". UPDATE: At the City Council meeting of February 26, 2002, the Council tabled action on these five Ordinance amendments and directed staff to further review a sixth amendment regarding screening of mechanical equipment. Staff will bring the text amendment regarding mechanical equipment screening to the City Council at a future meeting, after the Planning and Zoning Commission has made a recommendation. 2 RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: The Planning and Zoning Commission reviewed the five proposed technical amendments at their meeting of February 6, 2002 and approval was recommended. ALTERNATIVES: 1. The City Council can approve the five technical amendments that are being proposed by staff, as a further refinement to the Zoning Ordinance. 2. The City Council can deny the proposed changes to the Zoning Ordinance. 3. The City Council can approve of some, but not all of the proposed changes to the Zoning Ordinance. 4. The City Council can refer some or all of these proposed changes back to staff for additional information. MANAGER'S RECOMMENDED ACTION: It is recommended that Alternative #1 be adopted. This action will approve the five proposed technical amendments to the Zoning Ordinance, as outlined in the Action Form. These deletions, additions, and clarifications to the Zoning Ordinance are necessary adjustments, based on staff's experience in administering the adopted zoning regulations. Attachment s:\Council Action Forms\Text Amendments\Zoning Ordinance Changes 03-26-02 3 ZONING ORDINANCE TECHNICAL AMENDMENTS Additions are in BOLD and deletions are StFmGkeR threuo. Sec. 29.406. OFF-STREET PARKING (2) Required Parking Spaces. Off-street parking spaces must be provided in accordance with the minimum requirements set forth in Table 29.406(2) below, for any new building constructed and for any new use established. Table 29.406(2) Minimum Off-Street Parking Re uirements PRINCIPAL LAND USE ALL ZONES EXCEPT DOWNTOWN/CAMPUSTOWN DOWNTOWN/CAMPUSTOWN SERVICE CENTER ZONE SERVICE CENTER ZONE INSTITUTIONAL AND MISCELLANEOUS USE Private clubs, fraternal organizations, 2-&prie6/200 sf libraries, museums and community 1 SPACE/200 SF buildings Sec. 29.406. OFF-STREET PARKING (7) Locating Parking Spaces in Front Yard. (a) The use of the front yard for the location of vehicular parking is permitted in the "DGSG", "CCN", "HOC" and "GI" Districts, if a minimum setback of 5 feet from the front lot line and 5 feet from the side lot lines are maintained and landscaping is installed and maintained within those setback areas. Unless a parking lot plan is submitted as part of the development process pursuant to Section 29.1502, a Surface Parking Lot Landscaping Plan to meet the standards of Section 29.403(4)(f) shall be submitted to and approved by the Director of Planning and Housing (to be evidenced by a document signed by both the property owner or owner's agent and the said director), prior to any construction, reconstruction, installation, erection, conversion, alteration, addition, enlargement or development of any structure, improvement, feature or aspect of the premises. No Building/Zoning Permit required by Section 29.1501 shall be issued until the plan is submitted and approved. (i) The provisions of this subsection shall not apply to the use of a front yard for vehicular parking where it is proven by the property owner, by documentary evidence or the testimony of disinterested third parties, that such use was lawfully established prior to the effective date of this Ordinance. (ii) This Ordinance shall apply to any expansion or increase in the area of the front yard used for parking, even if no other conversion, construction or change to the subject premises occurs. Wherever this subsection applies, the subject parking area shall be so constructed and maintained as to meet the surfacing standards in Section 29.406(11). Table 29.501(4)-5 INSTITUTIONAL CATEGORIES Child DaV Care Facilities Definition Uses where a program of supplementary care, protection, and supervision is regularly provided to children at least twice a week. The service is provided outside the home of the care recipients and covers only a portion of the day. Child 9,ay Care Facilities uses include "group child day care homes", "child care centers" and "registered family child day care homes" as those terms are defined in 237A.1ef the Iowa Code. Commercial Day Care uses permitted under this Ordinance do not include any unlicensed facilities for which licensure is required by law. Exception: Home Day Care, which includes "family child day care homes" as defined by SestMGR 237° '(8)( ^f the Iowa Code, is accessory to all residential uses. Uses Included Child care center Group child day care homes Latchkey programs Nursery schools Preschools Registered family child day care homes Accessory Uses Offices and play areas. 2 Table 29.1202(5)-2 Suburban Residential Floating Zone Residential Medium Density FS-RM Supplemental Development Standards SUPPLEMENTAL F-S ZONE DEVELOPMENT MEDIUM DENSITY STANDARDS SINGLE FAMILY TWO FAMILY SINGLE FAMILY MULTIPLE DWELLINGS DWELLINGS ATTACHED FAMILY DWELLINGS DWELLINGS Minimum Lot Area 6,000 sf 7,000 sf 2,400 sf for 7,000 sf for the exterior units; first two units; 1,200 sf for 1,800 sf for each interior units additional unit Minimum Principal Building Setbacks: Front Lot Line 25 ft. 25 ft. 25 ft. 25 ft. Side Lot Line 6 ft.for 1 story; 6 ft.for 1 story; 6 ft.for 1 story; 6 ft.for 1 story; 8 ft.for 2 stories; 8 ft.for 2 stories; 8 ft.for 2 stories; 8 ft.for 2 stories; 10 ft.for 3 stories; 10 ft.for 3 stories; 10 ft.for 3 stories; 10 ft.for 3 stories; 20 ft.for 4 stories 20 ft.for 4 stories 20 ft.for 4 stories 20 ft.for 4 stories Side Lot Line 0 ft. (party wall line for Single Family Attached Dwelling) Side Lot Line 6 ft.for 1 story; (all other side lot lines 8 ft.for 2 stories; except party wall line) 10 ft.for 3 stories; 20 ft.for 4 stories Rear Lot Line 25 ft. 25 ft. 25 ft. 25 ft. 0 ft.for back-to-back single family attached dwellings Corner Lots Provide two front yards Provide two front yards Provide two front yards Provide two front yards and two side yards and two side yards and two side yards and two side yards Minimum Frontage 35 ft. @ street line; 35 ft. @ street line; 35++ @ street':.,^; 35 ft. @ street line 50 ft. @ building line 50 ft. @ building line 50 ft. @ building line 24 ft. @ street line and building line Minimum Landscaping See Article 29.403(5) Maximum Height 50 ft. or 4 stories, 50 ft.or 4 stories, 50 ft.or 4 stories, 50 ft.or 4 stories, Principal Building whichever is lower whichever is lower whichever is lower whichever is lower Maximum Height 12 ft.to midpoint of roof, 12 ft.to midpoint of roof, 12 ft.to midpoint of roof, 12 ft.to midpoint of roof, Accessory Building 15 ft.to ride 15 ft.to ride 15 ft.to ride 15 ft.to ridge Drive-through Facilities No No No No Outdoor Display No No No No Outdoor Storage No No No No Trucks and Equipment Light only, Light only, Light only, Light only, no advertising no advertising no advertising no advertising 3 Table 29.1202(6) Suburban Residential Floating Zone Suburban Regulations SUBURBAN F-S ZONE REGULATIONS Landscape Buffer A landscaped buffer of 10 feet in width shall be Requirement provided in the setback area of any lot zoned FS-RM where the lot is adjacent to any lot zoned FS-FL. The landscaping shall adhere to the L.3 Low Wall Standards as provided for in Section 29.403 of the ordinance s:\Council Action Forms\Text Amend ments\Zon ing Ordinance Changes Attachments 03-26-02 4