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Home My WebLink About1982-10-26 OrdinanceORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CODE OF ORDINANCES OF IOWA CITY TO ADD SECTION 8.10.18.2, RESIDENTIAL NEIGHBORHOOD CONSERVATION ZONE - 20. SECTION 1. PURPOSE. The purpose of this amendment of the Zoning Ordinance is to create a zone which preserves the character of existing medium density neighborhoods and prevents existing multi -family uses from becoming non -conforming. SECTION 2. AMENDMENT. The Zoning Ordinance of the Code of OrdinanceT is amended by adding the following: 8.10.8.2 RNC -20 Residential Neighborhood Conservation Zone. (a) Intent. It is the purpose of this zone to preserve the character of existing neighborhoods and is designed to prevent existing multi -family uses within. the neighborhood from becoming nonconforming. Conversions and redevelopment may occur up to the density provided in this zone. (b) Permitted uses. (1) Single-family dwellings. (2) Two-family dwellings. (3) Multi -family dwellings. (4) Fraternity and sorority houses. (5) Family care facilities. (6) Churches. (7) Hospitals and institutions except animal, criminal or mental. (8) Clinics except animal clinics. (9) Nurseries, pre -kindergartens, kindergartens, and other private or special schools where at least 100 square feet of open play space is provided for each child enrolled. 11912 IdICROEILRED Dv -J JORM MICR6LAR ' � CEDAR RAPIDS DES MOIRES I (10) Group care facilities. (c) Provisional uses. (1) Rooming houses provided that 1800 square feet of lot area is provided for each 330 square feet of total floor area in a rooming house. (2) Dwellings with a maximum of two (2) roomers in each dwelling unit provided that for single-family dwellings one (1) additional off- street parking space per roomer shall be furnished. (e) Dimensional requirements. (1) Minimum lot area: 7200 square feet. (2) Minimum lot area per unit: 1800 square feet. (3) Minimum lot width: 60 feet. (4) Minimum lot frontage: 35 feet. (5) Minimum yards Front - 20 feet Side - 5 feet for the first two stories plus two feet for each additional story Rear - 30 feet. (f) Maximum building bulk: Height - 35 feet Building coverage - none Floor area ratio - none (g) Special provisions. (1) All uses orbuildings the adoption of re conforming prior to this ordinance shall be construed to be conforming under the terms of this ordinance. (2) Any conforming building containing a conforming use which has been destroyed or damaged by fire, explosion, act of God or a public enemy to the extent of fifty (50) percent or more of its assessed IgIa 111CRUILMED BY -JORM MICRLAB j CEDAR RAPIDS DES MOINES i I i J', r value may be rebuilt to its present state. Any nonconforming building which contains a conforming use may be rebuilt provided that it is built in conformance with the provisions of this ordinance. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4SEVERABILITY. If any section, provision or part of the Ordinance shall be . adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK �I41CR0(ILtdCD Bt' 1' JORM MIC R(LAB .l CEDAR RAPIDS DES MOINES I Igia. r It was moved by , and seconded by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: _ BALMER _ DICKSON _ ERDAHL LYNCH STAFF REPORT To: Planning & Zoning Commission Prepared by: Pamela Myhre Item: College Hill -South Dodge Date: August 27, 1982 Moratorium Area GENERAL INFORMATION Applicant: Council referral as a result of petition from residents of the College Hill Area. Requested action: Downzoning from R3A. Purpose: Neighborhood stabilization. Location: See Map #1. Size of area: Approximately 50 acres. Comprehensive Plan: Generally residential in 8-16 and 16-24 DU/A categories. Existing zoning and land use: R3A - single-family and multi -family residential. Surrounding land use and zoning: North - R3, R2 South - R3, R2 East - R2 West - C2, R38 Moratorium limitation period: December 26, 1982 Physical characteristics: Highly developed, older urban area; partially located in Ralston Creek floodplain. I. ANALYSIS The format of this report is different than other rezoning requests in that no staff recommendation is made at this time. Rather, the Commission is being asked to establish a goal for this rezoning and determine which option or combination of options should guide the rezoning process. Using the data and maps which have been prepared for the moratorium area, the Commission may propose its preferred alignment based on the criteria outlined below or any other criteria which the Commission may select. II. GOAL OBJECTIVE Before applying the rezoning options and criteria in order to make a recommendation concerning the moratorium area, the Commission must reach a consensus on the goal of this rezoning request. That goal may be to provide sufficient close -in, multifamily housing while maintaining Sia i• VIICROCILMED BY ,J JORM MICR6LA13 - 1 L j I CEDAR RAPIDS • DES !40 CJES r i r I I 2 existing neighborhoods and housing stock recognizing that much of the area is presently in multi -family residential use. III. REZONING OPTIONS Various options are available to the City in resolving the College Hill R3A building moratorium and rezoning question. Option 1: Do nothing. This issue could be delayed until the new Zoning Ordinance is adopted and a new zoning map is drawn for the entire city. Changes in the current zoning map will occur at that time (approximately one to two years) as part of a comprehensive revision process with City-wide public input. Option 2: Rezone consistent with the current Comprehensive Plan. As the present Plan map shows this area as developing at 8-16 DU/A and 16- 24 DU/A, a general downzoning would occur. However, as an update to the Comprehensive Plan is being prepared at this time, it may not be wise to suggest a revised zoning pattern that may only be valid for an interim period. Option 3: Rezone consistent with the proposed Comprehensive Plan update. Consensus must be reached on an updated land use pattern for the Inner City Area if rezoning to reflect a revised Comprehensive Plan is to be used. Adoption of an RM20 zone would be needed to implement the amended Comprehensive Plan. Option 4: Rezone to reflect existing density. This option is a status quo approach recognizing existing development. .This approach may range in application from a lot -by -lot to block -by -block rezoning which will be subject to a legal opinion. IV. CRITERIA The data and maps which follow have been generated to provide the necessary background information with which to approach the rezoning issue. In concert with these data, various criteria should be considered in determin- ing zoning boundaries. These criteria may include: 1. Comprehensive Plan intent, whether the current plan or proposed update. 2. Recognition of existing use in the area, 3. Recognition of existing density in the area. 4. Extent of conforming/non-conforming structures and uses. 5. Natural features, buffers which may serve as boundaries between zones. �b�aZ Id ICRUILMED BY JOHM MIC Rd1LB 1 j CEDAR RAPIDS DES !dO 1 IVES I 1.. 3 6. Present trafficway configuration. 7. Preservation of existing and historic structures. 8. Minimizing "edges" around zones to reduce the pressures of future rezoning requests. Lot specific zoning decisions which are based on criteria such as these and suggest a sound rationale will hopefully produce defensible boundaries that can balance individual property rights, neighborhood welfare and general community benefit. ATTACHMENTS: 1. Map 1 - Location map 2. Map 2 - Current Comprehensive Plan 3. Map 3 - Non-residential Properties 4. Map 4 - 1970-80 Census Data 5. Map 5 - Official Moratorium Protestors 6. Map 6 - Location of Multi -family Units 7. Map 7 - Apartment Buildings Built Since 1960's B. Map 8 - Dwelling Units Per Block 9. Map 9 - Arterial Streets 10. Map 10 - Non -conforming Structures if Zoned R3 11. Map 11 - Non -conforming Structures if Zoned RM20 12. Map 12 - Possible Zoning Configuration i Approved by: Dona d Schmeiser, Director Department of Planning b Program Development I,ICRDEILMED BY -JORM-MICR46LAB l CEDAR RAPIDS - DES MINES I J� w0 ■ op `•. e; T v I 14 air MP= SPIN 7qm x MIR y ON ' 1 me I :. IL III ■1 ILII �� ene n��i_ =Imi mine - _.t �..._�:.h .� � '•.'tet• /. �.: �.. _. . �: a. �� _. :Ile: Will SM, 111TIUMPU -■ter . _ - ITS i�Ill : ®elf"n Dpi •. - ��FF - �II� 11� • opl■ _ e� -:ee N:il° ��: J • o ales �I:1■ — ■ all , Viion C C FIN 4L -■ter . _ - z-,,. - � -;. i J�� L 7.11 Cr 1_]1111 1 II. 111 t i l II 1 � I. i �.i 1 1 1 I r •I I rl r.iiri I I E I■ :I ■R 1■I� ■ ■■ = m JEFFERSON IIII: F1 ■1: IOWA ��'� ellll!' !■1 9 yrs GIIIIII ■111 BURLINGTON a Map 13 Petitioners One or more petitioners for the downzoning, including both owners and tenants. ORDINANCE NO. 82- IN PERM NT URES ORDINANCENCE NO.0ELETING 82-3058 WHICH THEEAMENDEDSCHAP ER A9.E1 OFTTHETCODE OF �\ ORDINANCES OF IOWA CITY PROVIDING FOR THE REGULATION OF PUBLIC AND PRIVATE USE OF CITY PLAZA. / SECTION 1. PURPOSE. The purpose of this ordinance is to amend Chapter 9.1 ' f the Code of Ordinances by deleting all references to privately - owned 1� sks. SECTION 2a AMENDMENT. Chapter 9.9.A.7. of/ the Code of Ordinances is hereby amende by deleting said section. SECTION 3. RECODIFICATION. Chapter 9.9. A. 8. of the Code of Ordinances shall be recodi \\ied to Chapter 9.9.A.7�and a typographical error shall be corrected so theection shall read Arts and crafts sales of hand -made articles by an o anized guild, association, or club on an occasional basis (Zoned 1 and 2 e SECTION 4. RECODIFICAT30N. Chapter 9.9.A.9. of the Code of Ordinances shall be recodified to Chapter �.9 A.B. SECTION 5. RECODIFICATION. Chapter 9.9.A.10. of the Code of Ordinances shall be recodified to ChaHte 9.9.A.9. SECTION 6. RECODIFICATION. Ch pter 9.9.A.11. of the Code of Ordinances shall be recodified to hapter 9.9.A.10. SECTION 7. AMENDMENT. Chapter 9.9.0 of the Code of Ordinances is hereby amended by delet7scf said section ark replacing it with the following paragraph: Days and Hou Operation: Bildi s extended on to the Cit PlazMonday �--- y are to be open at least during normal etail business hours, through 5 �turday, throughout the year. Sidewalk cafes and mobile carts ma.,operate seasonally, but must be at least in operation substant ally through normal retail busin ss hours, Monday through Saturday, May 1st to October 1st. Other mo the of operation may be grante by permit for ambulatory vendors an mobile carts when the produ is related to another season. SECTION 8 AMENDMENT. Chapter 9.).F of the Code of 0. dinances is hereby amended y deleting said section and replacing it Seth the following erformance Time Limits: Sidewalk cafes and mobile vending carts must be in operati— oon within sixty (60) days of the start date provided for in the permit, or the permit approval shall automatically expire. Building extension shall be completed and in operation within such reasonable time as said in the permit as provided in Section 11(a). 19 UP 141CRDEILMED BY J JORM MICR6LAB 1 CEDAR RAPIDS • DES MOINES 2 SECTION 9. AMENDMENT. Chapter 9.9.G. of the Code of Ordinances is hereby amended by deleting said section and replacing it with the following paragraph: Maintenance: The applicant is responsible for maintaining the area within and in proximity to his/her location in a clean and hazard - \free condition, including snow removal for a distance of ten (10) feet from any structure occupied by the applicant. Supplementary trash containers must be provided if considered necessary and specified in the lease or permit. All landscaping proKided by the applicant and the exterior of all structures and carts must be maintained in good condition by the applicant. SECTI77 ON 10 \AMENDMENT. Chapter 9.9.H:' of the Code of Ordinances is hereby amended by deleting said section and replacing it with the follow- ing paragraph: ileum_ enation:\ Nighttime interior illumination of all building fronts and basement extegi ions, display window extensions, basement stairwe,jIs is required during hours of operation. and SECTION 11.. AMEND MENT\.� Chapter 9.10.0 of the Code of Ordinances is hereby amended by el ti said section and replacing it with the follow- ing paragraph: , Permanent and Tem o 4r Structures. The City Manager, upon approval of City Council, may ent r into an agreement for the sale or lease of Public right-of-way in t e City Plaza for the construction of an addition to an existing st a front or for the temporary or seasonal use of Zone 1,6Y the owner or operator of abutting property. Said lease or sale/'hall only be a tered into after careful consideration and assurance that the followi $\conditions have or will be met. SECTION 12. AMENDMENT. Chapter 9.10.P.3(b) of the Code of Ordinances is hereby amended' by deleting said Be tion and replacing it with the following paragraph: No building permit for the constructidp of any temporary structure or any building extension to be construct d pursuant to this ordinance shall/be issued until plans for said co �ystruction have been reviewed by the Design Review Committee and approved by the City Council. The Des ign Review Committee shall, within thirty (30) days of receipt of said plans, review the plans and advise approval, approval with conditions, or disapproval in a written rep rt forwarded to the City Council and the applicant. If the Design Review Committee recommends approval with conditions, it shall require the affirmative vote of five (5) members of the City Council to constitute City Council approval pursuant to this section unless such conditions are met. If the Design Review Committee recommends dispproval, it shall require the affirmative vote of five (5) members of the City Council to constitute City Council approval pursuant to this section. MICROFILMED BY JOi7M MIC ROLAB j CEDAR RAPIDS DES h101NC5 I i 183d, r 3 SECTION 13. NEW SECTION. Chapter 9.9.A.11. Municipally -owned kiosks (Zone 2). acs aun 14. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 15. SEVERABILITY. If any section, provision or part of the Ordinance\shall be adjudged to be invalid or unconstitutional, such ajudication\shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 16. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by lat✓. Passed and approved this ATTEST: /andY CLERKIt was moved by econded by ithat the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: \ ABSENT: / BALMER \ ERDAHLN RDAHL LYNCH MCDONALD — NEUHAUSER PERRET i Firs consideration V e for passage: Second consideration Vote for passage: Date published 1 MICROf MED BY I -JORM MICR¢LA13 CEDAR RAPIDS DES MOINES J Q. trivnl ,, ArF«eW 11�^ Lcyai Dapa;hr>�t /if 34