HomeMy WebLinkAboutA002 - Council Action Form dated November 22, 2005 ITEM # �(J
DATE 11/22105
COUNCIL ACTION FORM
SUBJECT: TEXT AMENDMENTS TO CHAPTER 29 OF THE MUNICIPAL CODE TO
EXEMPT GARAGES AND ACCESSORY BUILDINGS/STRUCTURES FROM THE
REQUIREMENT FOR A SPECIAL USE PERMIT FOR INSTITUTIONAL USES, AND TO
LIMIT THE MAXIMUM SIZE TO NINE HUNDRED GROSS SQUARE FEET
BACKGROUND:
Inquiry and Meeting with Church Representatives. The Planning and Housing
Department has recently received an inquiry about the process to obtain approval for the
construction of a garage on property, occupied by a religious institution. City staff met with
representatives of the "Church of the Nazarene", located at 203 South Kellogg Avenue, to
explain that the approval process requires review of an application for a "Special Use
Permit' by the Planning and Zoning Commission, followed by approval by the Zoning Board
of Adjustment.
Submittal Requirements. Submittal requirements for a Special Use Permit, Section
29.1503(2), include a site plan. The site plan must be prepared and certified as
"substantially correct' by a Civil Engineer, a Land Surveyor, a Landscape Architect, or an
Architect, licensed by the State of Iowa.
Upon checking with a licensed professional, it was determined that the cost of preparing
the site plan would exceed the estimated cost of purchasing and installing the garage. This
situation has occurred previously with other institutional uses, resulting in the abandonment
of projects because of the excessive costs that would be incurred.
Zoning Text Amendments Initiated by Staff. The requirement for a site plan seems
excessive and unnecessary for a garage or other accessory building/structure on property
occupied by an institutional use. Therefore, City staff is proposing amendments to Chapter
29, Zoning, of the Municipal Code, to exempt accessory buildings/structures from the
requirement for a "Special Use Permit' if the property is occupied by an institutional use.
The maximum size of the accessory buildings/structures for institutional uses is limited to
900 gross square feet, with the proposed zoning text amendments.
Proposed Zoning Text Amendments. Proposed text amendments ("underlined and
shown in bold type") are described as follows:
• Section 29.408(7). Requirements for Garages and Other Accessory Buildings/
Structures.
Section 29.408(7)(a)(iii)(b). "The maximum gross floor area shall not exceed
900 square feet for a detached garage or accessory building/structure to a
Single-Family Dwelling or Institutional Use, or 1,200 square feet for accessory
uses for a Two-Family Dwelling".
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• Section 29.408(7). Requirements for Garages and Other Accessory Buildings/
Structures.
Section 29.407(7)(c). "When a special use permit is required for an
institutional use, garages and accessory buildings/structures shall be
exempt from that requirement."
Recommendation of the Planning & Zoning Commission. With a vote of 4-0, the
Planning and Zoning Commission recommended approval of this text amendment at its
meeting of November 16, 2005.
ALTERNATIVES:
1 . The City Council can approve the recommended text amendments to Chapter29 of the
Municipal Code to exempt garages and other accessory buildings/structures from the
requirement for a Special Use Permit for Institutional Uses, and to limit the maximum
size of garages and other accessory buildings/structures to nine hundred gross square
feet.
2. The City Council can deny the recommended text amendments to Chapter 29 of the
Municipal Code to exempt garages and other accessory buildings/structures from the
requirement for a Special Use Permit for Institutional Uses, and to limit the maximum
size of garages and other accessory buildings/structures to nine hundred gross square
feet.
3. The City Council can approve the recommended text amendments to Chapter 29 of the
Municipal Code to exempt garages and other accessory buildings/structures from the
requirement for a Special Use Permit for Institutional Uses, and to limit the maximum
size of garages and other accessory buildings/structures to nine hundred gross square
feet, with modifications.
4. The City Council can refer the recommended text amendments back to staff for further
review and comment.
MANAGER'S RECOMMENDED ACTION:
The text amendments, as proposed, would allow religious and other institutional uses to
construct garages and other accessory buildings/structures without first obtaining a Special
Use Permit. This requirement is excessive and unnecessary for garages and accessory
buildings/structures to be compatible with properties adjacent to institutional uses. Further,
the proposed amendments are consistent with the requirements for garages and other
accessory buildings/structures, associated with other types of permitted uses in residential
and commercial zoning districts.
Therefore, it is the recommendation of the City Manager that Alternative #1 be
adopted. Alternative #1 is a recommendation that the City Council approve the
recommended text amendments to Chapter 29 of the Municipal Code to exempt garages
and other accessory buildings/structures from the requirement for a Special Use Permit for
Institutional Uses, and to limit the maximum size of garages and other buildings/structures
to nine hundred gross square feet.
Attachment
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