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Home My WebLink About1983-10-04 Council minutesCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES October 4, 1983 Iowa City Council, special mtg., 10/4/83, at 8:30 p.m. in the City Manager's Conference Room. Councilmembers present: Balmer, Dickson, Lynch, McDonald, Neuhauser, Perret. Absent: Erdahl. Staffinembers present: Berlin, Helling, Jansen, Karr. Council minutes tape recorded on Tape 82-39, Side 1, 1764-1782. Moved by Balmer, seconded by Lynch, to adopt RES. 83-325, Bk. 80, pp. 1004-1005, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A QUIT CLAIM DEED PURSUANT TO IOWA CODE SECTION 364.7 AND REGARDING THE DISPOSAL OF THE CITY'S INTEREST IN THE CENTRAL JR. HIGH PROPERTY. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Dickson, to adjourn to informal session, 8:35 p.m. The Mayor declared the motion carreid unanimously, 6/0, Erdahl absent. MARY C. TUHAUSER, MAYOR MARIAN K. KARR,� CITY CLERK i i i 1 - 73 INFORMAL COUNCIL DISCUSSION OCTOBER 4, 1983 Informal Council Discussion: October 4, 1983, at 7:30 PM in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. Council members present: Neuhauser, Balmer, Lynch, Perret, Dickson, McDonald. Absent: i. Staffinembers present: Berlin, Helling, Jansen, Karr, Schmeiser, Boothroy. Taperecording: Reel 83-29, Side 1, 31 -end, Side 2, 1-33. ZONING ORDINANCE Schmeiser noted that the Council has received a list of items to be discussed before the public hearing. He explained the format of the ordinance by referring to page 23, for permitted use, provisional use on page 13, and special exceptions on pages 15, M5, and page 177, (g)2.• Neuhauser noted that page 15, if5, should refer directly to Section -79, (g)2. Schmeiser said that special exceptions are uses that have particular problems associated with them in relation to other uses permitted in the zones in which they are located, for instance, churches have particular problems with parking. Special exceptions give the Board of Adjustment an opportuntity to examine these problem areas. Balmer said that he feels this may be an undue burden on the Board. Jansen said that the Board of Adjustment has the power to grant a variance and the power to grant a special exception. If a project or organization is required to get a special exception neighbors can object to the Board. Boothroy noted that if a use meets all criteria, then the Board must grant the exception. Lynch said that the change increases duties without increasing the power of the Board and wondered if there were a way the staff could administer these uses. Schmeiser said that staff does not have discretionary review powers. Boothroy said the Board is already meeting twice per month which should not change under the new ordinance. The Board is generally supportive about the changes. Schmeiser said many uses are uses that are unique and wouldn't be allowed in many zones without review. Berlin asked about the section on Family Care facilities and stated that as defined, existing facilities would become nonconforming uses. In fact foster parents of a developmentally disabled child would have to live at least a quarter of a mile from any other foster parents with similar children. Schmeiser replied that the Section is directly from the State Code. Schmeiser will report back to the Council on the exact requirements of the State Code (Chapter 237). Schmeiser said that the dimensional requirements are the standards developed for the uses in each zone and must be met. They include requirements for lot areas, lot widths, lot frontage, yards, building bulk, and floor area ratio. General provisions are also listed and applied to every building in every zone. New pages can be added with a decimal page number. Dimensional requirements (page 150) refer to building location on a lot. On page 152, building setbacks are listed and special exceptions to setback requirements are listed. A special exception is more flexible than a variance. Lynch suggested establishing a checklist or flow chart for users of the zoning code book that would serve as a general approach to the process. Schmeiser said that there are so many requirements that a checklist would not be complete. He said that the lists under general provisions of each zone should provide a Informal Council Discussion October 4, 1983 Page 2 satisfactory list of requirements. Neuhauser expressed concern that switching from section to section is still too confusing. Lynch noted that tree regulations do not apply to the RS -8 zone except for family care facilities yet instructions refer all RS -8 developers to the tree regulations. Neuhauser said that she is very skeptical about the possibility of making changes in the ordinance and still have references remain consistent. Schmeiser said that page number references throughout refer only to the beginning of the appropriate section and pages can be added to any sections as needed. Users will have to be certain to use the most current version of the ordinance. Berlin reminded the Council that a printer automatically adjusts page numbers in all page number references. Word processing might have that capability soon. Schmeiser said that communities are increasing their use of the special exception procedure. Planning and Zoning and the Board of Adjustment agreed on the list of special exceptions. Balmer said that the Board of Adjustment would have an increased workload with the increased number of special exceptions. Schmeiser said that the new zoning ordinance has non -pyramidal zoning, meaning that the uses of higher zones do not include all uses of lower zones. For instance, duplexes will not be permitted in industrial zones and would be nonconforming where they already exist if located in an industrial zone. Single family dwellings will be treated as conforming uses as long as the building is used as a single family dwelling (page 167, item C). If a single family dwelling is destroyed by natural causes, it could be rebuilt but it could not be torn down and replaced in a zone in which its not permitted. Schmeiser explained that non -conformities are classified as nonconforming uses, buildings, or lots. The tree regulations, PAD provisions, sign regulations, and airport overlay zones have not been changed from the current ordinance. These provisions, especially the tree and sign regulations, will be modified later. Schmeiser pointed out the parking requirements for RM -145 and RM -44 zones (pages 40-45). A highrise (RM - 145) is a multifamily dwelling exceeding three stories in height (page 6). Schmeiser noted that the minimum lot area per unit is more for a low rise than a high rise, which is consistent with the present ordinance, to encourage highrises around the downtown and University campus areas. Parking requirements are also less restrictive for highrises. No law prevents several people from living in each highrise apartment but the relative small size would discourage high occupancy, therefore, three-quarter parking space per apartment is appropriate. Additional parking spaces for additional roomers are only required in single family dwellings. The lenient parking requirements make highrises possible close to downtown. Perret noted there is a need for definition of low rise dwellings. In response to a question from McDonald, Schmeiser explained that no one knows if the proposed parking requirements will be sufficient for highrises, only that it can be argued that less parking is needed close to downtown. Neuhauser pointed out that the larger complexes seldom have full parking lots. Schmeiser explained that the front yard requirement has been eliminated to make the requirements more flexible. Downtown buildings typically aren't setback from the public right-of-way. Away from downtown, setbacks become more important particularly as a safety factor. Nighrise parking will either be established underground or in side yards or rear yards. To require a front yard may severely restrict highrise constructions. Perret said he would still like to see a front setback for highrises. For single family and duplex dwellings, parking spaces can block each other, allowing 2 spaces in a single width driveway. Neuhauser proposed spending the next Monday's informal meeting discussing the remainder of the zoning ordinance issues including the sorority/fraternity issues. Informal Council Discussion October 4, 1983 Page 3 Moved by Dickson, seconded by McDonald to adjourn to executive session under Section 28A.5b to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation and under Section 20 to discuss as a public employer, strategy regarding collective bargaining with City employee organizations; as such discussion is exempted from the provisions of Chapter 28 A according to Chapter 20.17(3). The affirmative roll call vote was unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried. Meeting adjourned at 9:10 PM. f EXECUTIVE SESSION OCTOBER, 4, 1983 EXECUTIVE SESSION: October 4, 1983, 9:10 P.M. in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. COUNCIU'01BERS PRESENT: Balmer, Dickson, Lynch, McDonald, Neuhauser, Perret. Absent: Erdahl. STAPRBIBERS PRESENT: Berlin, Helling, Jansen, Hayek, Karr, Carroll. TAPE-RECORDED ON Reel #30, Side 1, 02-2005. Moved by Dickson, seconded by McDonald to adjourn to executive session under Section 28A.5b to discuss strategy with counselin matters that are presently in litigation or where litigation is iimninent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation and under Section 20 to discuss as a public employer, strategy regarding collective bargaining with City employee organizations; as such discussion is exempted from the provisions of Chapter 28A according to Chapter 20.17(3). The affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried. Moved by Balmer, seconded by Perrot to adjourn, 10:30 P.M. The Mayor declared the motion carried, 6/0, Erdahl absent. 2-- 7-�Z 1 1