An astute resident recently asked me what's happening with Downtown Character District Zoning Ordinance, because there's some controversy about it. I thought this would be a good time to sum up how we got to this point in time, and what's next. I also included my own opinion about it at the end. I hope this is helpful for providing some context for the discussions ahead.
A little background…
In 1970, the City of Cedar Falls adopted a comprehensive set of zoning ordinances to direct residential, commercial, and industrial development within city limits. This code includes designations (such as R-1, R-2, C-1, M-1, and HWY) to limit the uses and sizes of buildings within those zones. In the following fifty years, all development in the City of Cedar Falls has been based on that code, and various amendments have been made to the code.
In 2018, some city council members expressed a desire to update the city’s Zoning Ordinance to better account for buildings and uses not clearly identified in the code. This included creating a new “mixed-use” building category (both commercial/retail and residential uses, as well as the parking spaces needed to support them). This directly resulted from some new buildings that were being proposed or built in town, including one site plan on College Hill that had passed the Planning & Zoning Commission but not the City Council due to differences in interpretation of the existing zoning ordinance. This led to a larger discussion that -- given the fifty-year age of our Zoning Ordinance -- a refresh was likely warranted.
Where we’re at…
That discussion has led to nearly three years of effort to update the code. Downtown’s new zoning code is now in place (and will certainly need iterative adjustments); College Hill’s new zoning code has yet to be written -- only its precursor vision plan (“Imagine College Hill!) is complete and approved. In December, the council expressed a desire to “pause” the College Hill Zoning Ordinance update effort until concerns with the Downtown Character District Zoning Ordinance are addressed.
The Zoning Ordinance revision process so far…
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December 17, 2018: The City Council approves the FY2020 Council Goals and Objectives document, which includes a goal to “Develop a revised Cedar Falls Zoning Ordinance” (Council Packet Page 155).
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February 18, 2019: The City Council approves a $185K contract with Community Recode, LLC to “assist the City in developing a detailed vision plan for Downtown Cedar Falls and near neighborhood and to develop new zoning standards to implement the vision plan.”
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Spring - Summer 2019: Community Recode, LLC., led by Ferrell Madden, LLC conducts multiple public input sessions and design workshops for public and stakeholder input for the development of the downtown vision plan.
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September 26, 2019: The “Imagine Downtown! - Cedar Falls Downtown Vision Plan” draft is posted to the city website for public review.
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October 9 & October 23, 2019: The Imagine Downtown! Plan is reviewed by the Planning and Zoning Commission during two meetings, and unanimously recommended for approval to the City Council.
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November 18, 2019: The “Imagine Downtown! - Cedar Falls Downtown Vision Plan” is approved by the City Council. Work begins on an updated zoning ordinance to carry out the plan.
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February 7, 2020: The City Council approves the FY2021 Council Goals and Objectives document, which affirms the council’s continued support for an updated zoning ordinance.
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February 17, 2021: The Planning and Zoning Commission conducts a special public meeting for the presentation of the proposed Downtown Zoning Code by Ferrell-Madden.
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April 14 and April 28, 2021: The Planning and Zoning Commission reviews the proposed zoning ordinance for the Downtown Character District, and recommends approval to the Cedar Falls City Council.
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May 17, 2021: The City Council hears the details of the new Downtown Character District zoning ordinance in Committee of the Whole, with Ferrell Madden, LLC presenting.
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June 7, 2021: A City Council Work Session is held for the City Council discussion and questions related to the proposed new downtown zoning ordinance.
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June 21, 2021: A Council Work Session is held to discuss proposed parking requirements for private development in the proposed Downtown Character District.
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August 2, 2021: The City Council reviews the parking requirements for downtown, including the concept of shared parking, in Committee of the Whole meeting (with public comment).
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September 7, 2021: The City Council holds a public hearing for the proposed Downtown Character District Zoning Ordinance.
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September 7, September 20, and November 1, 2021: The City Council approves the new Downtown Character District Zoning Ordinance in three readings.
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December 9, 2021: The incoming City Council at the annual goal-setting workshop informally consents to the continued support of an update to the city’s zoning ordinance (Goal 3.C.5.a). Formal support would need to be affirmed in the January 18, 2022 council meeting via the approval of the FY2023 Council Goals.
The Concern…
At the time that the Downtown Character District zoning ordinance was approved, several council members expressed concerns for shared parking requirements, residential parking spot minimums, limits on the use of vinyl siding, and the transfer of authority for site plan approval from the City Council / Planning & Zoning Commission to a city staff technical review committee. They wished for these all to be added via amendment prior to final approval, but instead, the council voted the ordinance into law without amendment, on a 4 to 3 vote, on November 1st as the last of three required readings (all votes were 4 to 3 in favor of approval).
With two new council members at the council dais on January 3rd, 2022, the council used the referral process to direct staff to draft a resolution for a moratorium on certain new building permits downtown until May 1st, while proposed changes to the Downtown Zoning Ordinance are worked out.
What’s Next…
The city council will deliberate on this proposed moratorium resolution in the January 18th regular council meeting, with the opportunity for public input. The council also approved a referral for a council work session to build consensus around potential near-term changes to the Downtown Character District Zoning Ordinance. Once staff has the necessary direction to draft changes, those changes then need to be routed through the Planning and Zoning Commission, and then back to the City Council as an ordinance change (which will require the usual public hearing and three separate readings). While I support modifying the Zoning Ordinance to be more acceptable to more council members, my concern with a moratorium is that halting building permits would cause more harm than good for our city’s economic development, through a perceived lack of support on council for continued development. So I am not in favor of a building permit moratorium while we work through the code changes, and will veto it if it passes.
As an aside…
Also, it shouldn’t be a surprise to anyone that I fully support the Zoning Ordinance update (and particularly the use of form-based code standards), to guide our city’s development for the next fifty years. The key idea of “form” rather than “use” is providing clear guidance and illustrations to show developers what kinds of buildings would fit in with the character of that city block (or whatever boundary line is used). This kind of code is designed to improve walkability, to decrease the need to travel (because it allows for mixed-use, like a residence to be built above a corner store or hair salon within that character district). While form-based zoning is a significant philosophical change from the 20th century’s zoning laws, this new approach is being adopted nationwide by cities to meet the developmental needs of their neighborhoods.
Final notes…
This is the state of things as best as I can recall and as I understand it. I invite you to do your own research into traditional vs. form-based zoning and draw your own conclusions. I hope you will see there has been no shortage of opportunities for stakeholders (residents, workers, and business owners) to engage in this effort during the past three years, and no attempt to try to sneak anything through here. I’m grateful for the hard work of the council, staff, our consultant, and the public to bring forward a progressive zoning plan that will serve us well for the next fifty years. While iterative changes are to be welcomed as we discover gaps, unanticipated challenges, and opportunities, it will not serve us well -- particularly those in the community who have invested so much thought, time, and energy -- to risk throwing the baby out with bathwater through talk of a full repeal. Let’s move forward, not backward.
Thanks for reading to the end, and for doing the work to be an informed and engaged citizen. Please reach out if I got a date or some other aspect incorrect. Thanks!