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2019-11-19 Ordinance
Item Number: 11.b. �r CITY OE IOWA CITY www.iogov.org November 19, 2019 Ordinance amending Title 14, Zoning Code of the Iowa City code related to the Riverfront Crossings affordable housing requirements. (ZCA19-02) ATTACHMENTS: Description PZ Staff Report wAttachments PZ Minutes Ordinance Cheryl Cruise: Defining affordable housing CITY OF IOWA CITY CITY OF IOWA CITY MEMORANDUM UNESCO CITY OF LITERATl1RE Date: October 17, 2019 To: Planning and Zoning Commission From: Anne Russett, Senior Planner Re: Amendment to Title 14, Zoning of the Iowa City Code Related to the Riverfront Crossings Affordable Housing Requirements (ZCA19-02) Background In 2016, the City amended the Riverfront Crossings code to include an affordable housing requirement that requires development containing 10 or more dwelling units on land zoned Riverfront Crossings to provide affordable housing dwelling units in an amount equal to or greater than 10% of the total number of dwelling units. The units must be affordable for a term of no less than 10 years. Developers have the option to provide these affordable units on-site, off-site, pay a fee in -lieu of providing the dwelling units, or contributing land. The code also defines affordable rental housing and income eligible households. After implementing the affordable housing requirement for the past few years, staff has identified the following issues with these definitions: 1. The definition of affordable rental housing excludes housing that has received Low Income Housing Tax Credits (LIHTC) through the Iowa Finance Authority. Currently, these units do not meet the definition of affordable rental housing. 2. The definition of income eligible households does not cap non -retirement assets. Without a cap a household with substantial assets, but a low annual income could qualify for an affordable housing unit. Proposed Code Amendment Staff is proposing to amend the definitions of affordable rental housing and income eligible households in 14-2G-8, as follows: AFFORDABLE RENTAL HOUSING: Housing that is rented for no more than the HUD fair market rent for the Iowa City, Iowa, HUD metro FMR area, as adjusted annually, and rented to an income eligible household or housing that has received Low Income Housing Tax Credits (LIHTC) through the Iowa Finance Authority and meets the LIHTC rent limits for Johnson County, as adjusted annually, and rented to an income eligible household. INCOME ELIGIBLE HOUSEHOLD: A household is an income eligible household for purposes of purchasing an owner occupied affordable housing dwelling unit if that household has an annual income equal to or less than one hundred ten percent (110%) of the area median income (AMI) for Iowa City, as adjusted annually. A household is an income eligible household for leasing affordable rental housing if that household has an annual income equal to or less than sixty percent (60%) of the AMI for Iowa City, as October 9, 2019 Page 2 adjusted annually. Households with greater than one hundred thousand dollars ($100,000) in non -retirement assets are not eligible for affordable housing units. These amendments will ensure that projects that receive Low -Income Housing Tax Credits will count toward a project's affordable housing obligation, and that households most in need of affordable housing will receive that housing. Next Steps Pending recommendation of approval from the Planning and Zoning Commission, the City Council will hold a public hearing on the proposed amendment. Recommendation Staff recommends that the Planning and Zoning Commission approve the following proposed text amendments to 14-2G-8, regarding the Riverfront Crossings affordable housing requirements. Attachments: 1. Draft Text Amendment Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 14-2G-8: AFFORDABLE HOUSING REQUIREMENT: B. Definitions: For purposes of this section, the following definitions shall apply to these terms: AFFORDABLE HOUSING: The collective reference to 'owner occupied affordable housing" and/or "affordable rental housing", as those terms are defined herein. AFFORDABLE RENTAL HOUSING: Housing that is rented for no more than the HUD fair market rent for the Iowa City, Iowa, HUD metro FMR area, as adjusted annually, and rented to an income eligible household or housing that has received Low Income Housing Tax Credits (LIHTC) through the Iowa Finance Authority and meets the LIHTC rent limits for Johnson County, as adjusted annually, and rented to an income eligible household. - INCOME ELIGIBLE HOUSEHOLD: A household is an income eligible household for purposes of purchasing an owner occupied affordable housing dwelling unit if that household has an annual income equal to or less than one hundred ten percent (110%) of the area median income (AMI) for Iowa City, as adjusted annually. A household is an income eligible household for leasing affordable rental housing if that household has an annual income equal to or less than sixty percent (60%) of the AMI for Iowa City, as adjusted annually. Households with greater than one hundred thousand dollars ($100,000) in non -retirement assets are not eligible for affordable housing units. OWNER OCCUPIED AFFORDABLE HOUSING: Housing that is sold at a price no greater than the most current published housing and urban development (HUD) homeownership sale price limit for existing and new homes to an income eligible household. C. General Requirements: Affordable Housing Requirement: Except for developments providing affordable housing pursuant to a development agreement with the city executed prior to June 6, 2016, and except for developments exclusively providing elder apartment housing, any development containing ten (10) or more dwelling units on land zoned a riverfront crossings zoning designation is required to provide affordable housing dwelling units in an amount equal to or greater than ten percent (10%) of the total number of dwelling units. Should ten percent (10%) of the total number of dwelling units result in a fractional number, this fraction shall be rounded up to the nearest whole number for any fraction over fifty percent (50%) to establish the required number of affordable housing dwelling units. Any exempt elder apartment housing developments shall be subject to periodic inspection to ensure compliance with the zoning code regulations of this title of such use. 2. Methods Of Achieving Affordability: The affordable housing requirement may be satisfied through the provision of one or more of the following methods: a. On site owner occupied affordable housing; b. On site affordable rental housing; c. A fee in lieu contribution to an affordable housing fund; d. Off site affordable housing; and/or e. Contribution of land. If the owner desires to utilize methods in subsection C2d or C2e of this section, the owner must establish that methods in subsections C2a, C2b, and C2c of this section cannot feasibly be satisfied, as reasonably determined by the city. Affordable Housing Agreement: Upon rezoning to a riverfront crossings zoning designation, the property owner shall enter into an affordable housing agreement with the city establishing which method or methods it will utilize. This agreement must be executed prior to the close of the public hearing on the rezoning ordinance. Upon application for a building permit to construct any development for which affordable housing is required, the property owner shall enter into an agreement with the city detailing how it will satisfy the obligations of this code, which shall include details of the programming and development requirements if applicable. The city manager is hereby given the authority to execute such an agreement, which shall be recorded in the records of the Johnson County, Iowa recorder's office at owner's expense. 4. Term Of Affordability: The affordable housing dwelling units shall remain so for no less than ten (10) years from the issuance of the certificate of occupancy for the dwelling unit and recording of the deed restriction described below. 5. Occupancy: No affordable housing dwelling unit shall be occupied by anyone other than an income eligible household. Households that wish to purchase or rent affordable housing dwelling units shall be subject to verification of their eligibility in accordance with the applicable income verification provisions set forth below and as set forth in administrative rules adopted to accomplish the purposes of this section. Deed Restriction: A deed restriction documenting the affordable housing requirements, selected method of achieving affordability, term, applicable resale restrictions, and applicable occupancy and rental restrictions shall be placed upon the owner occupied affordable housing dwelling unit or, in the case of the affordable rental housing, shall be placed upon the land being developed contemporaneously with the issuance of the certificate of occupancy. This deed restriction shall be recorded with the Johnson County, Iowa recorder and referenced in any deed conveying title of any such unit or land during the term of affordability. This deed restriction shall automatically upon the expiration of the term of affordability. The city manager is hereby authorized to issue any release of this deed restriction, as may be necessary and appropriate, in a form approved by the city attorney. 7. Parking: Affordable housing dwelling units shall be exempt from providing the parking spaces otherwise required by the zoning code. D. Owner Occupied Affordable Housing: Owner occupied affordable housing must satisfy the general requirements set forth in subsection C of this section and the following requirements: 1. Development Requirements: a. Dwelling Unit Types: The affordable housing dwelling units shall be comprised of the same mix of dwelling unit types in proportion to the market rate dwelling units within the development. b. Dwelling Unit Size And Quality: The affordable housing dwelling unit size shall be at least eighty percent (80%) of the floor area for the market rate dwelling units of the same type, and shall be of similar quality, or as approved by the city manager or designee. c. Location: The affordable housing dwelling units shall be distributed throughout the development to achieve integration and avoid concentration or segregation of the affordable housing dwelling units, unless a different distribution will result in the provision of additional affordable housing dwelling units than that which is required by this code, as approved by the city manager or designee. d. Timing Of Construction: The affordable housing dwelling units shall be constructed and issued a certificate of occupancy concurrently with or prior to the market rate dwelling units in the development. 2. Program Requirements: a. Occupancy: An affordable housing dwelling unit shall, at all times during the term of affordability, be occupied by an income eligible household as the household's primary residence. b. Income Verification: The annual household income shall be determined according to the HUD part 5, section 8 regulations on annual income codified in 24 CFR 5.609, as amended, and verified by the city prior to close of the sale. c. Rental Restriction: An owner occupied affordable housing unit may not be rented, except an owner may rent or lease a bedroom in the unit. d. Sale Restrictions: In addition to the deed restrictions required above, all required owner occupied affordable housing dwelling units shall be subject to the following sale restrictions during the term of affordability, compliance with which shall be verified by the city manager, or designee, prior to closing on the sale. (1) Approved Purchasers: A seller of an affordable dwelling unit must sell the unit only to an income eligible household. (2) Sale Price: The sale price of any affordable housing dwelling unit shall not exceed the purchase price paid by the original income eligible household purchaser or the HUD homeownership sale price limit, whichever is greater, with the following exceptions: (A) Closing Costs: Customary closing costs and costs of sale. (B) Real Estate Commissions: Costs of real estate commissions paid by the seller to a licensed real estate agent. (C) Permanent Capital Improvements: Reasonable value added to the dwelling unit due to permanent capital improvements installed within the unit by the seller pursuant to a properly issued building permit. (D) Special Fees: The seller of an affordable dwelling unit shall not levy or charge any additional fees or any finder's fee nor demand any other monetary consideration other than provided in this chapter. E. Affordable Rental Housing: Affordable rental housing must satisfy the general requirements set forth in subsection C of this section and the following requirements: 1. Development Requirements: a. Affordable rental units shall be provided in accordance with the development requirements for owner occupied affordable housing set forth in subsection D1 of this section. b. If a tenant initially deemed an income eligible household for purposes of occupying an affordable housing dwelling unit pursuant to this chapter, but is subsequently deemed no longer income eligible upon annual examination of household income, that tenant's unit shall not be considered an affordable housing dwelling unit and the rent can be adjusted to market rate. To maintain compliance with the affordable housing requirement, the next available rental unit in the project of comparable size or larger must be rented to an income eligible household. To that end, the affordable rental units need not be specifically designated in a fixed location, but may be floating throughout the development. 2. Program Requirements: a. Rental Rate: The monthly rental rate shall be either: L nNo more than the fair market rents as published by HUD for the Iowa City, Iowa, HUD metro FMR area, as adjusted annually; or (2)- No more than the LIHTC rent limits for Johnson County, as adjusted annually, for projects that have been awarded LIHTC through the Iowa Finance Authority. b. Occupancy: Affordable rental units must be rented to income eligible households. c. Income Verification: The landlord shall annually verify to the city that the affordable rental housing units are occupied by income eligible households. Prior to the commencement of a lease, the landlord shall determine a potential tenant's annual household income according to the HUD part 5, section 8, regulations on annual income codified in 24 CFR 5.609, as amended. Upon extension or renewal of a lease, the landlord may determine a tenant's annual household income based upon federal income tax returns for all adults in the household. d. Owner Verification Of Compliance: The owner must annually verify to the city that it is in compliance with these program requirements, and provide any documentation as deemed necessary by the city to determine compliance, which may include examination of the documents used to verify tenant income. Any violation of this requirement may result in immediate suspension of any rental permit issued for the applicable unit. Fee In Lieu Contribution: In lieu of providing affordable housing dwelling units, an owner may contribute a fee to a riverfront crossings district affordable housing fund to be established by the city. The contribution per dwelling unit shall be determined biennially by resolution of the city council based upon a formula that analyzes the difference between renting a market rate unit for the term of affordability and renting a dwelling unit affordable to an income qualified household. The fund shall be utilized solely for affordable housing purposes, which may include administration costs, in the riverfront crossings district. G. Transfer Of Affordable Dwelling Units Off Site: Upon the owner establishing that the affordable housing requirements cannot be satisfied on site, as reasonably determined by the city, it may be satisfied by designating off site existing or newly constructed dwelling units in the riverfront crossings district as affordable housing dwelling units. Any transferred affordable housing units shall in no way waive or reduce any obligation to provide affordable housing units within the development to which the obligation is transferred. In addition to satisfying the general requirements set forth in subsection C of this section, these units must satisfy the following requirements: 1. Development Requirements: a. Provision Of Units: Off site affordable dwelling units, whether they are owner occupied or rental units, shall be provided in accordance with the development requirements for owner occupied affordable housing set forth in subsection D1 of this section. The city reserves the right to deny a request to transfer affordable housing units to a particular development if it would result in an undue concentration of affordable housing units within that development. b. Timing: Where the affordable housing requirement is to be met through the provision of newly constructed dwelling units, such units shall be constructed and pass final inspection no later than the date the occupancy permit is issued for the development creating the need for the affordable housing, unless otherwise agreed upon by the city manager, or designee. Where the affordable housing requirement is to be met through the provision of existing off site dwelling units, they shall be established as affordable housing dwelling units prior to issuance of any occupancy permit for the development creating the need for the affordable housing. The marketing of the affordable housing dwelling units should occur no later than one year after the first market rate dwelling unit in the site that generated the requirement passes final inspection, unless otherwise agreed upon by the city manager. The affordable housing agreement pursuant to subsection C3 of this section shall be recorded prior to issuance of a building permit for the development creating the need for the affordable housing. 2. Programming Requirements: a. Where the off site affordable dwelling units are to be owner occupied affordable housing, those units shall comply with the programming requirements for owner occupied affordable housing set forth in subsection D2 of this section. b. Where the off site affordable dwelling units are to be affordable rental housing, they shall comply with the programming requirements for affordable rental housing set forth in subsection E2 of this section. H. Land Dedication: Upon the owner establishing that the affordable housing requirements cannot be satisfied on site, as reasonably determined by the city, it may be satisfied by the dedication of land to the city of Iowa City or an entity designated by the city of Iowa City for construction of affordable dwelling units in accordance with the provisions of this section, upon consideration of the following factors: 1. Location: The land shall be located in the riverfront crossings district, in an area appropriate for residential redevelopment, as determined by the city; 2. Number Of Affordable Units: The total dwelling units possible on the land shall be equal to or greater than the number of required affordable housing dwelling units; 3. Dwelling Type: The land shall allow for the provision of affordable units of equivalent type (single- family, multi -family, townhome, etc.), floor area, and number of bedrooms to that which would have been otherwise required; 4. Land Value: The value of land to be dedicated shall be determined, at the cost of the developer, by an independent appraiser, who shall be selected from a list of certified appraisers provided by the city, or by such alternative means of valuation to which a developer and the city agree; and 5. Right To Refuse: The city reserves the right to refuse dedication of land in satisfaction of the affordable housing requirement if it determines, in its sole discretion, that such a dedication is not in the best interests of the public for any reason, including a determination that the city is not likely to construct or administer an affordable housing development project in a timely manner due to the unavailability of funds or other resources. Additionally, where the value of the land proposed to be dedicated is less than the value of the fee in lieu contribution established in accordance with the provisions above, the city reserves the right to require an owner to contribute a fee making up this difference in values. I. Administrative Rules: The city manager or designee is hereby authorized to establish administrative rules deemed necessary not inconsistent with any ordinance adopted by the city council in order to assure that the purposes of this section are accomplished. A copy of the rules shall be on file with the city clerk and available on the city website. (Ord. 16-4668, 7-5-2016, eff. 8-1-2016) Planning and Zoning Commission October 17, 2019 Page 7 of 11 CASE NO. ZCA19-02: Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to the Riverfront Crossings affordable housing requirements. Russett began with background, in 2016 the City amended the Riverfront Crossings Code to include an affordable housing requirement. This applies to any residential projects that include 10 or more dwelling units. The affordable units must equal at least 10% of the total number of units in the project and those units must be affordable for a term of 10 years. The developer has some options on how that affordable housing is provided, it can be provided on site, off site, a fee in lieu could be paid or land contribution could be made. This requirement has been implemented for the past three years and staff has identified some issues with the existing ordinance. The first is that the definition of affordable rental housing excludes housing that has received Low Income Housing Tax Credits (LIHTC) from the Iowa Finance Authority. The second issue is that the definition of income eligible households does not cap non -retirement assets. Staff is proposing a couple changes mainly to the definitions of that Code. The first is to amend the definition of affordable rental housing to include housing that has received Low Income Housing Tax Credits (LIHTC) and it's rented to income eligible households so those units could be counted toward the affordable housing requirement. The second amendment is to amend the definition of income eligible household and clearly state that households with greater than $100,000 in non -retirement assets are not eligible for affordable housing units. Non -retirement assets would include liquid assets such as a checking account, savings account, money market account, any property that they could sell, but it would not include any retirement savings. Next steps: Pending recommendation from the Commission this will go to City Council for a public hearing. Staff is recommending approval of the proposed text amendment related to the affordable housing requirements and the Riverfront Crossings Code. Dyer asked what it means that it does not include housing that received low income tax credits, are the criteria for low income tax credits different from what is considered affordable housing. Russett explain there are a couple different standards, one is HOME HUD fair market rents for determining the rent limits and those are different than the rental limits and requirements of the LIHTC program. They are both affordable housing programs, but the standards are a little different. Dyer asked if this would increase or decrease the availability of affordable housing. Russett noted the low income housing tax credit is an incentive in the State that a lot of affordable housing developers use to leverage additional funds to get more housing, more affordable housing units in the City. Russett is unsure if it would be more or less, but it would clarify that there was a low income housing tax credit project Riverfront Crossings, those units could be considered part of that affordable housing requirement whereas now they aren't. Parsons asked what the process is to verify someone's non-cash or income assets. Russett explained there is housing staff that request information on income, and that needs to be verified, they do it annually, and they work with either a property management group or whoever's renting those units. She noted there was a situation recently where someone was applying for an affordable housing unit and they had non -retirement assets, properties in various parts of the Planning and Zoning Commission October 17, 2019 Page 8 of 11 country, but their income was low enough that they qualified. That situation was flagged and staff realized maybe they need to reconsider who would be eligible for these units. Hensch asked for a project that's funded with LIHTC monies, does that entire project have to follow those low income guidelines for the entire project. Russett acknowledged that yes, they need to follow the terms of the program. So, for example, the Riverfront Crossings Code requires a 10 year term for the affordable units and the LI HTC programs requires 30 years so they would be subject to that 30 year requirement. Townsend asked where the 10 year limit come from because is 10 years really a long enough period of time for someone who really needs affordable housing? Russett said that time period was developed back in 2016 when the Code was amended and they determined at that time at least 10% of the units need to be affordable for a 10 year term. Townsend questioned if it really effective and solving the problem if after 10 years the units are no longer affordable. She also asked if a developer pays a fee -in -lieu of low income affordable housing where that money goes and who determines how that money spent. Russett explained it goes to the City and housing staff keep track of the money that comes in and it needs to be spent in Riverfront Crossings for affordable housing. It goes into an affordable housing fund. Townsend asked with the contribution of land for affordable housing, who pays for the housing if housing is built on that land? Russett said they have not had anyone take advantage of that option yet so they haven't really seen that play out yet she would need to look to see how it is clarified in the Code. Hensch opened the public hearing. Mike Oliveira (330 North Gilbert Street) came forward to state he just got done reading a new book about the whole issue of inclusion. He is worried when the City says they are going to limit somebody that has savings of $100,000. This is because there are some people out there of a different race, maybe not white, but maybe Hispanic, Chinese, different cultures that have different saving patterns, but are economically depressed, that would qualify for this. Even though they have over $100,000 in savings, just because of their extended families, a lot live with them. Either additional parents didn't show kids. Oliveira noted there are a lot of Hispanics and South Americans dealing with Homeland Security and these families are saving to put money away because of that and they may reach that threshold and be disqualified. Oliveira feels the threshold needs to be raised not just an arbitrary number that staff may have come up with. He would like to see some data on the table, where staff arrived at the $100,000 amount, was it from other cities, because he knows from living in Chicago for 22 years some of those programs are not that low on the criteria for some of the subsidized housing on asset based. Hensch closed the public hearing. Parsons moved for the Commission to approve ZCA19-02, amendments to Title 14, Zoning of the Iowa City Code related to the Riverfront Crossings affordable housing requirements. Signs seconded the motion. Signs clarified the 10 year piece came from lengthy conference committee of city staff, homebuilders and developers. There was a lot of give and take to try to get to the point of having this inclusionary housing period. The 10 years was part of that give and take. He agrees Planning and Zoning Commission October 17, 2019 Page 9 of 11 with Townsend that it's not long enough by any stretch of the word, but that's a different issue than what they've got to deal with tonight. Hensch asked given Sign's intimate knowledge of his whole involvement in that process, does he think the overlooking of the Iowa Finance Authority financing was just an oversight. Signs confirmed absolutely. He added they are seeing more of the LITHC being used now than back then, but because of because of the emphasis on affordable housing currently statewide and nationwide it's certainly a tool that we want to encourage the use of. Townsend is not in favor, the developers are not giving us anything, they are getting more height to their buildings, which means they can build more units, which means they are going to get more money. Signs noted however the LITHC requirement is 30 years of affordability, not just 10 year. Dyer has thought for some time the developers have so many outs here that that it doesn't seem like affordable housing is likely to get built in Riverfront Crossings very often. The idea was for affordable housing there because it is close in to downtown and ideal for working people. She also wonders if, because of the really serious need for affordable housing now, if the resistance would be less now than there was a few years ago and they could expand on the 10 years. All over the country there's a shortage of affordable housing now, but at the time this was adopted the City was seeming to be so bold and intrusive on developers. Now it seems like everybody knows there's a shortage of affordable housing but that wasn't so evident at the time. A vote was taken and the motion passed 6-1 (Townsend dissenting). CONSIDERATION OF MEETING MINUTES: OCTOBER 3, 2019 Parsons moved to approve the meeting minutes of October 3, 2019. Townsend seconded. A vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Russett noted they had the Iowa APA conference last week in Iowa City and it was very well attended. There were over 200 registrants and then an additional 50 plus speakers with some great sessions. Baker asked for an update on Council deliberations for the project down on South Gilbert and Prentis streets. Russett said that has not been approved yet, at the meeting on Tuesday they voted on the second reading of the regulating plan amendment and the first reading of the rezoning and those were both the recommended for approval 7-0. But they still have to have a third reading on the regulating plan amendment and the second and third reading on the rezoning ordinance. ADJOURNMENT: STAFF PRESENTATION TO FOLLOW: 1 r I C04;qui h CITY OF lOVVA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 356-5000 (3I9) 356-5009 FAX www.icgov.org Item 11.b.: Zoning code amendment related to Riverfront Crossings affordable housing requirements ZCA19-02 An ordinance amending Title 14, Zoning Code of the City of Iowa City related to the Riverfront Crossings affordable housing requirements. Riverfront Crossings Form -Based Code includes an affordable housing requirement: • Applies to projects with 10+ dwelling units • Affordable units must equal at least 10% of the total number of units • Must be affordable for a term of 10 years • Options for providing affordable units include: • On-site • Off-site • Fee in -lieu • Land contribution Staff identified issues: Definition of affordable rental housing excludes housing that has received LIHTC from the Iowa Finance Authority Definition of income eligible households does not cap non -retirement assets Zoning Code Text Change- P&Z recommendation to City Council (October 2019) Planning &Zoning Commission Recommendation The Planning and Zoning Commission recommends approval of the proposed text amendment to Title 14, Zoning related to the Riverfront Crossings affordable housing requirements. STAFF PRESENTATION CONCLUDED � r rrM as � h CITY OF IOWA CITY 410 East Washington Strect Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov. o rg ) 1,L - Prepared ,I✓ Prepared by: Anne Russett, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240 (ZCA19-02) ORDINANCE NO. Ordinance amending Title 14, Zoning of the Iowa City code related to the Riverfront Crossings affordable housing requirements (ZCA19-02) Whereas, the City of Iowa City's Comprehensive Plan has a vision that Iowa City is a community of neighborhoods with safe, attractive, and affordable housing options to serve residents throughout their lifetimes; and Whereas, in 2016, the City adopted the Riverfront Crossing Form -Based Code and later that year amended it to include an affordable housing requirement; and Whereas, staff has implemented the Riverfront Crossings affordable housing requirement for three years and has determined that amendments are necessary to improve the effectiveness of the requirement; and Whereas, the proposed amendment revises the definition of affordable rental housing to include projects that receive Low Income Housing Tax Credits (LIHTC) through the Iowa Finance Authority; and Whereas, the proposed amendment revises the definition of income eligible households to clarify that households with greater than $100,000 in assets, excluding retirement assets, are not income eligible households; and Whereas, the Planning and Zoning Commission held a meeting on October 17, 2019 and recommended approval of the aforementioned zoning code amendment; and Whereas, it is in the City's best interest to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: Section 1. The following portions of Section 14-2G-8 of the Iowa City Code is hereby amended by deleting the strikethrough text and adding the underlined text: B. Definitions: AFFORDABLE RENTAL HOUSING: Housing that is rented for no more than the HUD fair market rent for the Iowa City, Iowa, HUD metro FMR area, as adjusted annually, and rented to an income eligible household, or housing that has received Low Income Housing Tax Credits (LIHTC) through the Iowa Finance Authority and rented for no more than the LIHTC rent limits for Johnson County, as adjusted annually, and rented to an income eligible household. INCOME ELIGIBLE HOUSEHOLD: Except as set forth herein. Aa household is an income eligible household for purposes of purchasing an owner occupied affordable housing dwelling unit if that household has an annual income equal to or less than one hundred ten percent (110%) of the area median income (AMI) for Iowa City, as adjusted annually. Except as set forth herein. Aa household is an income eligible household for leasing affordable rental housing if that household has an annual income equal to or less than sixty percent (60%) of the AMI for Iowa City, as adjusted annually. Households with greater than one hundred thousand dollars ($100.000) in assets excluding Retirement Assets are not income eligible households. F cul cn"," "" nu:wuing out not umaeo to 4U1(k)s IRAs pension accounts IPERS and TIAA-CREF not including distribution of or income from the assets E. Affordable Rental Housing: Affordable rental housing must satisfy the general requirements set forth in subsection C of this section and the following requirements: 2. Program Requirements: a. Rental Rate: The monthly rental rate shall be either: (1) no more than the fair market rents as -published by HUD for the Iowa City, Iowa, HUD metro FMR area, as adjusted annually; or (2) for proiects that have been awarded LIHTC through the Iowa Finance Authority, no more than the LIHTC rent limits for Johnson County, as adiusted annually. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof no adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval, and publication, as provided by law. Passed and approved this day of Mayor City Clerk 2019. Appr vedby i Attorney's Office,, Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton that the First Consideration 11/19/2019 VOteforpassage: AYES: Salih, Taylor, Teague, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: none. Second Consideration _ Vote for passage: Date published November 19, 2019 To City Council: Subject: Defining affordable housing The staff report outlining a need for change to the inclusionary zoning ordinance states "Currently LIHTC (Low Income Housing Tax Credit) units do not meet the definition of affordable housing." Note that LIHTC units receive taxpayer funding and corporate investor funding. Rents are calculated at 30% of income, the definition used for cost burden, and are adjusted annually based on area median income data from the American Community Survey. Note that the rest of the country would define LIHTCs as affordable housing. Our use of Fair Market Rent is the problem. Fair Market Rent is NOT based on 30% of income but is calculated each year by HUD from a tiny number of ACS survey respondents from 2-6 years ago who are renting a "standard" 2 bedroom unit somewhere in the county. All rent numbers are mathematically derived from there. The annual results are volatile and are used to set rents for the federal Section 8 Housing Choice Voucher program. Why ask builders with no TIF, no tax credit, no property tax abatement, no bonus height, and no public dollars to subsidize very low income housing at a level greater than LIHTC? (Or at all for that matter...) A TIF project has the affordable housing component and an 8% return on investment factored into the "gap in financing" so taxpayers can assist in paying for both. We are told that the affordable housing requirement can make up the bulk of the gap. The IZ code could be changed to read "Affordable rental housing in Riverfront Crossings is housing that is rented for no more than 60% AMI LIHTC rent limits for Johnson County, as adjusted annually. Projects receiving public subsidy may be negotiated to a lower level of affordability." The method to calculate HUD Fair Market Rent is included on 6 pages. Fair Market R;ebt for 2 bedrooms: 2015. $802. Down 6% 2016. $863. Up 8% 2017. $1012 Up 17% 2018. $956. Down 6%-- 2019. $902. Down 6% • 2020. $1011. Up 12% In contrast for LIHTC's: Take desired level of median income. Multiply by 30%. Divide by 12. Affordable Housing receiving taxpayer funding: Housing Choice Voucher eligibility is 50% AMI paying 30% of income. Iowa City Public Housing eligibility is 80% AMI paying 30% of income. Johnson County Housing Trust Fund eligibility is 80% AMI. LIHTC's vary typically from 40-60% AMI paying 30% of income with some market rate units. The RISE: 80% AMI paying 30% of income. Riverview West TIF: 110% AMI paying 30% of income. Workforce Housing: 80-120% AMI paying 30% of income. Johnson County definition of affordable housing: 80% AMI paying 30% of income Iowa City Affordable Housing definition except RFC: 80% of HUD AMI paying no more than 30% of income. Cheryl Cruise Iowa City IA 101.1 FY 2020 FAIR MARKET RENT DOCUMENTATION SYSTEM The FY 2020 Iowa City, IA HUD Metro FMR Area FMRs for All Bedroom Sizes I Final FY 2020 & Final FY 2019 FMRs By Unit Bedrooms I Year Efficiency_ One- Two - Bedroom Bedroom FY FMR020 I $705 $774 $1,011 $1,458 $1,775 FY 2019 $612 FMR $684 $902 $1,304 $1,584 The Iowa City, IA HUD Metro FMR Area consists of the following counties: Johnson County, IA. All information here applies to the entirety of the Iowa City, IA kaUD Metro FMR Area...v Fair Market Rent Calculation Methodology ? -- Show/Hide Methodology Narrative Fair Market Rents for metropolitan areas and non -metropolitan FMR areas�are developed as follows: 1. 2013-2017 5 -year American Community Survey (ACS) estimates of 2 - bedroom adjusted standard quality gross rents calculated for each FMR area are used as the new basis for FY2020 provided the estimate is statistically reliable. For FY2020, the test for reliability is whether the margin of error for the estimate is less than 50% of the estimate itself and whether the ACS estimate is based on at least 100 survey cases. HUD does not receive the exact number of survey cases, but rather a categorical variable known as the count indicator indicating a range of cases. An estimate based on at least 100 cases corresponds to a count indicator of 4 or higher. If an area does not have a reliable 2013-2017 5 -year, HUD checks whether the area has had at least minimally reliable estimate in any of the past 3 years, or estimates that meet the 50% margin of error test described above. If so, the FY2020 base rent is the average of the inflated ACS estimates. https:J/www. huduser.gov/portal/datasets/fmr/fmrs/FY2020.,.code/2020summary.odn 0/3/19, 10:27 Ph Page 1 of If an area has not had a minimally reliable estimate in the past 3 years, the estimate State for the area's corresponding metropolitan area (if applicable) or State non -metropolitan area is used as the basis for FY2020. 2. HUD calculates a recent mover adjustment factor by comparing a 2017 1 - year 40th percentile recent mover 2-bedr000m rent to the 2013-2017 5 -year 40th percentile adjusted standard quality gross rent. If either the recent mover and non -recent mover rent estimates are not reliable, HUD uses the recent mover adjustment for a larger geography. For metropolitan areas, the order of geographies examined is: FMR Area, Entire Metropolitan Area (for Metropolitan Sub -Areas), State Metropolitan Portion, Entire State, and Entire US; for non -metropolitan areas, the order of geographies examined is: FMR Area, State Non -Metropolitan Portion, Entire State, and Entire US. The recent mover adjustment factor is floored at one. HUD calculates the appropriate recent mover adjustment factor between the 5 -year data and the 1 -year data and applies this to the 5 -year base rent estimate. 4. Rents are calculated as of 2018 using the relevant (regional or local) change in gross rent Consumer Price Index (CPI) from annual 2017 to annual 2018. �. All estimates are then inflated from 2018 to FY2020 using a trend factor based on the forecast of gross rent changes through FY2020. S. FY2020 FMRs are then compared to a State minimum rent, and any ar @. whose preliminary FMR falls below this value is raised to the level-Qf, th`d State minimum. - NIJ 7. FY2020 FMRs may not be less than 90% of FY2019 FMRs. The results of the Fair Market Rent Step -by -Step Process 1. The following are the 2017 American Community Survey 5 -year 2 -Bedroom Adjusted Standard Quality Gross Rent estimate and margin of error for Iowa City, IA HUD Metro FMR Area. ACS2017 5 Year 2 - Bedroom Area Adjusted Standard Quality Gross ACS2017 5 -Year 2 -Bedroom Adjusted Standard Quality Gross Rent Ratio Sample Size Category Result https:/lvwv;vv.huduser.yov/portal/datasets/frnr/fmrsIFY2020_cod ej2020summ ary.odn '.01'• `j: 10 27 PM age 2 of 7 Iowa City, IA HUD Metro FMR Area Rent Margin of Error $$L44 $18 $18/ 6 $864=0.021 0.021 < .5 6>_4 Use ACS2017 5 -Year Iowa City, IA HUD Metro FMR Area 2 - Bedroom Adjusted Standard Quality Gross Rent Since the ACSZ017 Margin of Error Ratio is less than .5, the ACS2d17 Iowa City, IA HUD Metro FMR Area value is used for the estimate of 2 -Bedroom Adjusted Standard Quality Gross Rent: Area FY2020 Base Rent Iowa City, IA HUD Metro FMR Area $864 2. A recent mover adjustment factor is applied based on the smallest area of geography which contains Iowa City, IA HUD Metro FMR Area and has an ACS2017 1 -year Adjusted Standard Quality Recent -Mover estimate with a Margin of Error Ratio that is less than .5. ACS2017 1 - Year Adjusted Area Standard Quality Recent - Mover Gross Rent Iowa ACS2017 1 -Year Adjusted Sample Standard Quality Ratio Size Recent -Mover Category Gross Rent Margin of Error ::.,• III,;. i; -, r,. ., ...,s.: L -i= ir,-; {, IF5-�Y?GN COIJ 202LFsummary_odn Resin} 2<4 Do Not Use ACS2017 1 - Year Iowa City, IA 0.05 < .5 City, IA HUC HUD Metro FMR Metro $904 $93 0.103 2 Area 2 - FMR `: Bedroom Area - 2 $47 0.05 4 Area All Adjusted Bedroom r,, A ; n;� Standard All Standard Quality Quality Recent -Mover Gross Rent Gross Rent The smallest area of geography which contains Iowa City, IA HUD Metro FMR Area and has an ACS2017 1 -year Adjusted Standard Quality Recent -Mover estimate with a Margin of Error Ratio that is less than .5 and with a sufficient number of sample cases is Iowa City, IA HUD Metro FMR Area. 3. The calculation of the relevant Recent -Mover Adjustment Factor for Iowa City, IA HUD Metro FMR Area is as follows: j ACS2017 5 -Year 40th ACS2017 1 -Year 40th ACS2017 5 -Year Percentile Adjusted Percentile Adjusted Standard Area Standard Quality Gross Quality Recent -Mover Gross Rent Rent Iowa City, IA HUD Metro FMR$857 _ 945 Area - All Bedroom Area Ratio Recent -Mover Adjustment Factor Iowa City, IA HUD $945/ 1.1027 >_ 1.0 Use calculated Recent -Mover Metro FMR Area $857 Adjustment Factor of 1.1027 =1.103 rittps:/fww,J4.h.uduser.gov/portalidatasets/fmr/fmrs/FY2020_code/2020summary.odn 101311% 10:27 PM Page 4 of 0.05 < .5 4>_4 Use ACS2017 Iowa 1 -Year Iowa CHU,DIA City, IA HUD Metro FMR Metro $945 $47 0.05 4 Area All FMR Bedroom Area - Adjusted All Standard Bedroom Quality Recent -Mover Gross Rent The smallest area of geography which contains Iowa City, IA HUD Metro FMR Area and has an ACS2017 1 -year Adjusted Standard Quality Recent -Mover estimate with a Margin of Error Ratio that is less than .5 and with a sufficient number of sample cases is Iowa City, IA HUD Metro FMR Area. 3. The calculation of the relevant Recent -Mover Adjustment Factor for Iowa City, IA HUD Metro FMR Area is as follows: j ACS2017 5 -Year 40th ACS2017 1 -Year 40th ACS2017 5 -Year Percentile Adjusted Percentile Adjusted Standard Area Standard Quality Gross Quality Recent -Mover Gross Rent Rent Iowa City, IA HUD Metro FMR$857 _ 945 Area - All Bedroom Area Ratio Recent -Mover Adjustment Factor Iowa City, IA HUD $945/ 1.1027 >_ 1.0 Use calculated Recent -Mover Metro FMR Area $857 Adjustment Factor of 1.1027 =1.103 rittps:/fww,J4.h.uduser.gov/portalidatasets/fmr/fmrs/FY2020_code/2020summary.odn 101311% 10:27 PM Page 4 of 4. The calculation of the relevant CPI Update Factors for Iowa City, IA HUD Metro FMR Area is as follows: HUD updates the 2017 intermediate rent with the ratio of the annual 2018 local or regional CPI to the annual 2017 local or regional CPI to establish rents as of 2018. Update Factor Type CPI Update Factor 1.0237 Region CPI 5. The calculation of the Trend Factor is as follows: HUD forecasts the change in national gross rents from 2018 to 2020 for each CPI area and Census ke-gion. This makes Fair Market Rents "as of" FY2020. Trend Factor Trend Factor Type 1.0361 Region 6. The FY 2020 2 -Bedroom Fair Market Rent for Iowa City, IA HUD Metro''MR Area is calculated as follows: Acs2 Recent- Annuli Trending AreaS-a Y ar Mover 2017 to 1,0361 FY 2020 2- Adjustm2018 CPI tQ Bedroom FMR Estimate Adjustment 2018 Adjustment FY2020 Iowa City, $864 * 1.103 IA HUD $864 1.1027 1.0237 1.0361 1.0237 Metro FMR 1-0361=$1,0L, Area 7. In keeping with HUD policy, the preliminary FY 2020 FMR is checked to ensure that is does not fall below the state minimum. Final FY2020 2 -Bedroom I FMR $1,010 >_ $687 Use Iowa City, IA HUD Metro FMR Area FMR of $1,010 8. Bedroom ratios are applied to calculate FMRs for unit sizes other than two bedrooms. Click on the links in the table to see how the bedroom ratios are calculated. https://www.huduser,gov/portal/datasets/fmr/fmrs/FY2020_code/2020summary,odn 10/3/19, 10:27 PN Page 5 ot'i Preliminary FY 2020 Area FY2020 2- Iowa State Bedroom FMR Minimum Iowa City, IA HUD Metro $1,010 $ 6B 7 FMR Area Final FY2020 2 -Bedroom I FMR $1,010 >_ $687 Use Iowa City, IA HUD Metro FMR Area FMR of $1,010 8. Bedroom ratios are applied to calculate FMRs for unit sizes other than two bedrooms. Click on the links in the table to see how the bedroom ratios are calculated. https://www.huduser,gov/portal/datasets/fmr/fmrs/FY2020_code/2020summary,odn 10/3/19, 10:27 PN Page 5 ot'i FY 2020 FMRs By Unit Bedrooms One- Two- Three- Four- Efficiengy_ Bedroom �eBedroom Bedroomu Bedroom FY 2020 � $705 $774 �----' $1,011AM $1,458 $1,775 FMR 9. The FY2020 FMR must not be below 90% of the FY2019 FMR. Final FY2020 Rents for All Bedroom Sizes for Iowa City, IA HUD Metro FMR Area The following table shows the Final FY 2020 FMRs by bedroom sizes. Final FY 2020 FMRs By Unit Bedrooms Efficiency One- Two- Three- Four - Bedroom Bedroom Bedroom Bedroom Final FY 2020 $705 $774 $1,011 $1,458 $1,775 - FMR The FMRs for unit sizes larger than four bedrooms are calculated by adding 15 percent to the four bedroom FMR, for each extra bedroom. For example, the FMR for a five bedroom unit is 1.15 times the four bedroom FMR, and the FMR for a six bedroom unit is 1.30 times the four bedroom FMR. FMRs for single -room:> occupancy units are 0.75 times the zero bedroom (efficiency) FMR. Permanent link to this page: httrL.//www.huduser.00v/portal data -fmr/fmrs/ 2 2 _ /2020summary.odn? rw- t `� $year=2020&fmrty_pe=Final&cbsasub=METR026980MM3500 ; a Other HUD Metro FMR Areas in the Same MSA f-tl p5: I;Vi huGU-. - .. �. 1G, 311' 1G 1 r i�1 Paq F 6 r; Efficiency One- Two- Three- Four - Bedroom Bedroom Bedroom Bedroom FY2019 FMR $612 $684 $902 $1,304 $1,584 7$812 _r FY2019 floor $551 $616 $1,174 $1,426 FY 2020 FMR $705 No $774 No $1,011 No $1,458 No $1,775 No Use FY2019 floor for FY2020? Final FY2020 Rents for All Bedroom Sizes for Iowa City, IA HUD Metro FMR Area The following table shows the Final FY 2020 FMRs by bedroom sizes. Final FY 2020 FMRs By Unit Bedrooms Efficiency One- Two- Three- Four - Bedroom Bedroom Bedroom Bedroom Final FY 2020 $705 $774 $1,011 $1,458 $1,775 - FMR The FMRs for unit sizes larger than four bedrooms are calculated by adding 15 percent to the four bedroom FMR, for each extra bedroom. For example, the FMR for a five bedroom unit is 1.15 times the four bedroom FMR, and the FMR for a six bedroom unit is 1.30 times the four bedroom FMR. FMRs for single -room:> occupancy units are 0.75 times the zero bedroom (efficiency) FMR. Permanent link to this page: httrL.//www.huduser.00v/portal data -fmr/fmrs/ 2 2 _ /2020summary.odn? rw- t `� $year=2020&fmrty_pe=Final&cbsasub=METR026980MM3500 ; a Other HUD Metro FMR Areas in the Same MSA f-tl p5: I;Vi huGU-. - .. �. 1G, 311' 1G 1 r i�1 Paq F 6 r; '1' FY 2018 FAIR MARKET RENT DOCUMENTATION SYSTEM The FY 2018 Iowa City, IA HUD Metro FMR Area FMRs for All Bedroom Sizes Final FY 2018 FMRs By Unit Bedrooms Year Efficiency_ One- Two- Three- Four - Bedroom Bedroom Bedroom Bedroom FY 2018 FMR $625 $723 $956 $1,391 $1,684 FY i 2017 FMR $649 $771 $1,012 $1,473 $1,783 - ■�.1 FY 2016 FAIR MARKET REiv r� r DOCUMENTATION SYSTEM ~ The Final FY 2016 Iowa City, IA HUD Metro FMR Area FMRs for All Bedroom Sizes Final FY 2016 FMRs By Unit Bedrooms Efficiency One -Bedroom Two -Bedroom Thre- :-d••Il Four-Bedroo 1 $552 $665 $863 $1,258 $1,507 1 The Office of Management and Budget release new Core Based Statistical Area definitions in February 2013. The Census American Community Survey incorporated these definitions in the ACS2013 release, which are the basis for FY2016 Fair Market Rents. HUD has elected to continue use of the pre -2013 definitions except where the post -2013 definitions result in a smaller FMR area. This is consistent with HUD's objective to maximize tenant choice by allowing FMRs tovary locally. Item Number: 11.c. �r CITY OE IOWA CITY www.iogov.org November 19, 2019 Ordinance amending Title 14, Zoning of the Iowa City code related to single- family site development standards. (ZCA19-04) ATTACHMENTS: Description PZ Staff Report w Attachments PZ Minutes Additional Correspondence Ordinance CITY OF IOWA CITY UNESCO CITY OF LITERATURE CITY OF IOWA CITY MEMORANDUM Date: October 17, 2019 To: Planning and Zoning Commission From: Anne Russett, Senior Planner Re: Amendment to Title 14, Zoning of the Iowa City Code Related to Single -Family Site Development Standards (ZCA19-04) Background In 2018, the City amended its municipal code in response to State legislation that restricted the City from enforcing any regulations that limited the occupancy of rental property based on familial relationships. One of the code changes adopted in response to this legislation was a rental permit cap that restricted rental permits to 30% in certain neighborhoods for single-family and duplexes. Earlier this year, the State legislature passed another bill that prohibited cities from adopting rental permit caps. Due to concerns related to the City's inability to regulate rental permit caps and the potential impacts to preserving neighborhood stability, the City Council adopted a ten-month rental permit moratorium in May 2019. The moratorium was adopted to give the City time to study and address how best to mitigate the consequences of this legislation. Table 1 outlines a timeline of the State bills and associated City code amendments. TABLE 1. Timeline April, 2017 State legislature passes a bill prohibiting cities from enforcing any regulations that limits occupancy of rental property based on the existence of familial relationships April, 2018 City adopts neighborhood stabilization ordinance that made many changes to the zoning code, including, but not limited to: • Updated rear setback requirements to discourage inappropriate expansions in certain zones • Limited the number of bedrooms in attached single-family and duplexes to 4 • Updated the private open space requirements City moves to annual inspections for many rental properties and increases nuisance and property maintenance enforcement. City adopts an ordinance that capped rental permits at 30% in certain neighborhoods for single-family and duplexes April, 2019 State legislature passes a bill prohibiting cities from adopting or enforcing rental permit caps October 9, 2019 Page 2 May, 2019 City adopts a ten-month rental permit cap moratorium until March 7, 2020 on the issuance of new rental permits for single-family and duplex units in areas that exceed the 30% rental cap Ensuring that city neighborhoods include a variety of housing choices and options for all residents has been a challenge, particularly in the core of the community, which is dominated by student housing. With the changes in State law, which limit local control, the City is once again exploring options to ensure City codes promote safe, healthy, and stable residential neighborhoods. While adopting the moratorium back in May of 2019, the City Council articulated the following goals for any new regulations: 1. Ensure single-family detached structures and duplexes provide healthy and safe living environments for all occupants. 2. Maintain neighborhood characteristics and housing options suitable for attracting a diverse demographic in the city's older single-family neighborhoods. 3. Prevent the overburdening of city infrastructure and operational resources. Since the adoption of the moratorium, city staff has twice met with representatives of the Greater Iowa City Landlord Association and the Iowa City Area Association of Realtors. Staff also met with representatives of the Neighborhood Council and heard input from that group on the current state of their respective neighborhoods. Proposed Code Amendment Without the ability to regulate occupancy or enforce rental permit caps, City staff spent the past few months exploring other ways to address concerns related to neighborhood stabilization. Due to the comprehensive nature of the April 2018 zoning code amendments and the additional resources for nuisance and property maintenance enforcement, staff is only proposing one change to the zoning code related to paving in front of single-family homes and duplexes. The zoning code currently allows parking in front setback areas with certain restrictions. Table 2 outlines the current and proposed regulations. TABLE 2. Current v. Proposed Regulations regarding Parking and Paving in the Front Setback Area for Single-family and Duplex Uses Current Proposed Parking spaces allowed in front setback area, as Parking spaces allowed in front setback area, as long as it leads directly to a parking space and at long as it leads directly to a parking space and at least 50% of the front setback area remains open least 50% of the front setback area remains open space. space. NEW: Additional paved areas shall be separated by at least 9 feet of open space area from conforming parking spaces or aisles. October 9, 2019 Page 3 Currently, the code allows additional paving for patio and seating areas, basketball courts, grilling areas, and other uses to be contiguous with conforming parking spaces within the front setback area. The proposed code amendment would no longer allow additional paving to be contiguous with conforming parking spaces. The 9 -foot separation distance between the parking spaces and the additional paving will reduce the instances where the additional paved area is used as parking. Staff selected 9 -feet for the separation distance — the minimum width of a parking space — to discourage parking within the open space area. Figure 1 is an example of additional paving installed by a property owner to provide tenants with a grill and seating area. Instead, the space is used for parking. These are the types of improvements that would no longer be permissible under the proposed text amendment. FIGURE 1. ,,n�i Y F� Staff believes the additional restriction on front -yard paving will help address the second and third goals that the City Council endorsed in May of 2019. In addition to the zoning code amendment, staff will be proposing an amendment to Title 17, Chapter 5: Housing Code to require all rental units to test for radon and mitigate, if necessary. This amendment targets the first goal of the City Council and also dovetails with the City's ongoing healthy homes initiative and protects renters from a known health hazard that is prevalent in our community. Next Steps Pending recommendation of approval from the Planning and Zoning Commission, the City Council will hold a public hearing on the proposed amendment. The City Council will also consider the proposed amendment to the Housing Code, which does not require Planning and Zoning Commission review. October 9, 2019 Page 4 Pending adoption of the zoning and housing code amendments, the City Council will also consider lifting the rental permit moratorium. Staff hopes that the City Council can remove the moratorium earlier than expected, perhaps by January 1, 2020. Recommendation Staff recommends that the Planning and Zoning Commission approve the following proposed text amendment to 14 -2A -6C to restrict additional paving in the front setback area of single-family and duplex uses. Attachments: 1. Draft Text Amendment Approved by: :�I) Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services DRAFT Text Amendment 14-2A-6: SINGLE-FAMILY SITE DEVELOPMENT STANDARDS: C. Garage, Driveway And Parking Location Standards: 1. For single-family uses and two-family uses, a required parking space may be located behind another parking space on a regularly constructed aisle, provided the spaces are not stacked more than two (2) spaces deep, counting the space within a garage. (See figure 2A.4 below.) Figure 2A.4 - Stacked Parking Spaces 2. Parking for single-family uses and two-family uses may be designed to allow cars to exit by backing into a street, except if street access is restricted or alley access is required. 3. Parking is not permitted in the front principal dwelling setback, except in the following situations: a. For single-family uses, one of the required parking space(s) may be provided in the front principal dwelling setback on a regularly constructed aisle that leads directly to a parking space that is not located in the front principal dwelling setback, provided not less than fifty percent (50%) of the front principal dwelling setback area remains open space, free of impervious surface. Additional paved areas shall be separated by at least 9 feet of open space area, free of impervious surface from conforming parking spaces or aisles. I I II i I I I I I I I s�tbackl 2. Parking for single-family uses and two-family uses may be designed to allow cars to exit by backing into a street, except if street access is restricted or alley access is required. 3. Parking is not permitted in the front principal dwelling setback, except in the following situations: a. For single-family uses, one of the required parking space(s) may be provided in the front principal dwelling setback on a regularly constructed aisle that leads directly to a parking space that is not located in the front principal dwelling setback, provided not less than fifty percent (50%) of the front principal dwelling setback area remains open space, free of impervious surface. Additional paved areas shall be separated by at least 9 feet of open space area, free of impervious surface from conforming parking spaces or aisles. b. For two-family uses and group households, two (2) of the required parking spaces may be provided in the front principal dwelling setback on a regularly constructed aisle that leads directly to a parking space that is not located in the front principal dwelling setback, provided not less than fifty percent (50%) of the front principal dwelling setback area remains open space, free of impervious surface. Additional paved areas shall be separated by at least 9 feet of open space area, free of impervious surface from conforming parking spaces or aisles. c. For single-family uses, two-family uses, and group households, up to three (3) nonrequired parking spaces may be provided in the front principal dwelling setback, provided any such space is located on a regularly constructed aisle that leads directly to a parking space that is not located in the front principal dwelling setback, and provided that not less than fifty percent (50%) of the front principal dwelling setback area remains open space, free of buildings and impervious surfaces. (See figure 2A.5 of this section.) Additional paved areas shall be separated by at least 9 feet of open space area, free of impervious surface from conforming parking spaces or aisles. Figure 2A.5 - Nonrequired Parking Within The Front Setback Area 4, r�5j r�lh (Ord. 05-4186, 12-15-2005) Planning and Zoning Commission October 17, 2019 Page 2of11 along the north side of American Legion Road. Due to an internal staff miscommunication this condition was not included in the staff report, however this afternoon staff informed the applicant that it intends to include the temporary construction easement as a condition of this rezoning. Upon hearing this news, the applicant requested a deferral of the application to allow for additional time to study the proposed temporary construction easement. Parsons moved to defer ANN19-01 and REZ19-01 per the applicant's request. Townsend seconded the motion. Signs asked for staff to also be prepared to talk about the plans for American Legion Road at the next meeting. A vote was taken and the he motion passed 7-0. CASE NO. ZCA19-04: Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to single- family site development standards. Russett stated the background on this proposed amendment is the City wants to have neighborhoods that provide a variety of housing choices and options for all residents and this can be challenging in the core of the community which is dominated by student housing. So the proposed text amendment is in response to a recent state legislation that limits local control of city's zoning and regulations related to neighborhood stabilization efforts. Russett showed a slide of the timeline of what has transpired over the past few years. In April 2017, the state legislature passed a bill prohibiting cities from enforcing any regulations that limit occupancy of rental property based on existence of familial status. In response to that legislation, in April 2018, the City adopted a neighborhood stabilization ordinance that made many changes to the Zoning Code. The changes included updating the rear setback requirements to discourage inappropriate additions in backyards, limiting the number of bedrooms in attached single family and duplexes to four and updating the private open space requirements for onsite open space. The City also moved to annual inspections for rental properties and increased nuisance and property maintenance enforcement. Lastly, the City adopted an ordinance that capped rental permits at 30% in certain neighborhoods for single family and duplexes. Then in April 2019, the state legislature passed a bill prohibiting cities from adopting or enforcing rental permit caps so therefore in May 2019 in response to that state legislation the City adopted a 10 month rental permit cap moratorium until March 2020 on the issuance of new rental permits for single family and duplex units in areas that exceed that 30% rental cap. Russett noted the City adopted this moratorium in May with the following goals of new regulations in mind. One, to ensure single family detached structures and duplexes provide healthy and safe living environments; two, maintain neighborhood characteristics and housing options suitable for a diverse demographic in the City, particularly in older single family neighborhoods; and three, prevent the overburdening of City infrastructure and operational resources. Without the ability to regulate occupancy or enforce the rental permit cap staff has spent the last few months exploring other options and other ways to address concerns related to neighborhood stabilization. Due to the comprehensive nature of the 2018 Zoning Code Amendments, as well as the additional resources that have been put forth for nuisance Planning and Zoning Commission October 17, 2019 Page 3 of 11 abatement and property maintenance enforcement, staff is only proposing one change towards Zoning Code at this time and it's related to single family site development standards and specifically, front yard paving and front yard setback for single family homes and duplexes. Russett showed a table with a summary of the current regulations and the proposed regulations. Currently, parking spaces are allowed in the front setback area as long as it leads directly to a parking space and at least 50% of the front setback area remains open space. Staff is proposing to keep the regulation moving forward but add an additional requirement that states that any additional paved areas must be separated by at least nine feet of open space from any of conforming parking spaces or aisles. Russett showed a picture of an example of what the City would like to avoid, a conforming parking space to the garage and the conforming space in front of that garage with another space. This particular property owner requested some additional paving to the left of that parking isle in that driveway for a grilling area, but they're using it for parking and that's the type of improvements to avoid. Of course the City wants property owners to be able to improve their site and to provide a patio and grilling areas and the like, but it shouldn't be used for parking. Russett showed other slides of properties that are examples of what they are trying to avoid. What staff is proposing some additional paving is allowed within that front setback area but it must be separated by at least nine feet of impervious surface from any of the conforming parking spaces. Additionally 50% of that front setbacks area must remain as open space. City staff has done some outreach on this proposed amendment and meetings have been held with the Greater Iowa City Landlord Association, the Iowa City Area Association of Realtors as well as the Neighborhood Council and no major issues have been raised with the proposed amendments. Russett noted in terms of next steps after the Planning and Zoning Commission's recommendation this will go to City Council for a public hearing and consideration of the amendment. Staff is recommending approval of the proposed text amendment related to additional paving in the front setback area of single family homes and duplexes. Hensch stated he's always heard and presumed it's illegal to park in Iowa City in a front yard if it's on grass. Russett confirmed that was correct. Hensch asked how the actual dimensions were determined. He noted he does not like front parking at all and thinks it destroys the character of the neighborhood. Russett said staff was proposing nine feet as open space area between the conforming parking space and any in any additional paving based on current parking space dimensions. Currently, the standard parking space is nine feet by 18 feet and what they want to do is have it separation distance enough that discourages parking across the open space area so they settled on nine feet. Baker assumed anything that already exists, like the example in the staff report, is grandfathered in and is not going to be affected. Russett confirmed that as long as it's a legal use and properly permitted. However in the example in the staff report, the additional paving allowed in that location was not permitted for parking so they cannot park there. Baker noted then the solution staff is proposing looks like they are just adding a driveway that has access to the street. Russett said it would be to the sidewalk so there would be no drive. Baker asked if somebody just wanted to put in concrete in their front yard and extend it to the sidewalk, how wide could that extension be. Russett stated the requirement is that no more than 50% of that front setback area can be paved, 50% has to be open space, so as long as they met that requirement they could add concrete to their front yard. Planning and Zoning Commission October 17, 2019 Page 4 of 11 Baker stated he is having a hard time seeing how this amendment is going to change behavior, other than parking there's no other advantage to the homeowner adding a concrete slab in their front yard. Russett stated the City stillswant to allow people to make those improvements if they need a patio space, it just can't be adjacent to the driveway and people park on it. Martin noted there's so much that's already done, and when looking at the timeline of what's been going on with rental permits, how did the City come up with this solution as it doesn't correlate. Russett acknowledged they struggled with thinking about additional amendments that could be made to address the recent state legislation. The one thing they heard from the enforcement staff is that they're seeing additional paving in the community like additional paving adjacent to the driveway. While that is currently allowed, the paving can be there for a patio, it cannot be used for parking. However it is being used for parking and it's hard for enforcement staff to actually catch them in the act. It will be much easier for them to enforce this new standard, which states that there needs to be a separation distance. If this amendment gets adopted and someone paves right adjacent to their conforming drive aisle they automatically are in violation of the Zoning Code. Enforcement staff doesn't need to keep following up and driving past the property hoping they catch them in a violation. Martin asked if there's been a rental house and now a single family is going to buy it and they've got two kids that are teenagers and are also driving. In the beginning statement a diverse demographic of people living in these neighborhoods was the reason for these change and that includes families too. Normal families may need additional parking because a modern family does not usually live on one car, parking then is an issue. Russett appreciated Martin's point about larger families who do need more parking, but currently, even if it was a larger family, they couldn't put additional parking next to their drive right now. Baker feels this is still going to be an enforcement problem, people can say they are going to build a patio space but then use it for parking. Russett stated it is the City's enforcement staff who have to deal with these issues every day and with this amendment adding the additional separation requirement, it would be easy for our enforcement staff to go out and see there's no separation between the conforming drive and the additional paving, therefore it's a violation. Hensch opened the public hearing. Mike Oliveira (330 North Gilbert Street) stated one of the things this regulation creates is a problem for lots with the garage that sticks out in front of a house, as it appears on a typical Iowa City house. They have had an additional drive added to the side of the drive to a single or two garage to accommodate additional vehicles for the owner of the house or their teenage kids. Oliveira shared some examples he printed out from very high end homes listed at over a million dollars and worked his way down. This may be a knee jerk reaction to this situation where it would hurt other people down the road and Oliveira being a potential developer of a lot of infill lots sees this as a potential problem. He feels this amendment, the way it got worded needs some work. Oliveira showed an example at 925 Meadowlark Drive, it's listed for $1,190,000 and it's an example of a house with their garage and additional sidewalk. For another house he saw listed it had a swimming pool or deck a violation, even though it was separated by a driveway by a fence, but it did not appear to have a nine foot separation. Oliveira feels the City's requirement of least 50% the front setback area must be open area accomplishes that purpose. The example slides would be grandfathered as legal conforming developments, so he feels the only purpose Planning and Zoning Commission October 17, 2019 Page 5 of 11 of this ordinance change is to affect future development or alterations to a house. He showed more examples and reiterated the City needs to take more consideration on this recommendation. Martin noted that looking at the Meadowlark property, would that be a problem in the future. Russett noted it would be helpful if Mr. Oliveira could point out on each of these examples what he thinks is would be an issue. Oliveira said he did add a narrative underneath base on the ordinance and what the problem is noting there are many different styles of houses in the community. Russett doesn't see any issues with the 925 Meadowlark Drive example. Oliveira pointed out it would be the extension to the drive left of the garage, adding space there. If someone had a house like that, and had five kids, teenagers, they would want an extra place to park their cars and not tie up all the garages under that current ordinance, the way it's written one couldn't do that. Russett stated they actually could, what he is showing here would still be allowed under the proposed ordinance, it is a drive that is adjacent to a conforming parking space. There is a three stall garage and therefore they could have three cars behind those conforming garages. Hensch closed the public hearing. Parsons moved the Commission recommend approval of ZCA-1904, Amendments to Title 14, Zoning of the Iowa City Code related to single- family site development standards. Signs seconded the motion. Baker asked if a lot of these extensions are being built under these circumstances. Russett replied she doesn't know the exact number, but it is has come up as an issue from the enforcement staff. Baker noted if this ordinance is passed, the existing ones are still going to have the same problem. Also if people are asking for patio spaces in their front yard, moving that patio space to the center of the yard is the logical consequence of the ordinance. Russett stated it would depend on the size of the lot and the location of the lot. This ordinance will prohibit in the future someone using a new patio as an extension of the existing driveway. The patio can be adjacent to the driveway, it just can't be in the front setback area. Hensch confirmed this doesn't affect any existing structures unless it's currently being used improperly. Additionally it doesn't take away anybody's ability to put an impervious surface in their front area for fire pit, a picnic area, etc., as long as it isn't used as parking and 50% of the area is still open. Russett confirmed that was correct. Hensch noted the key issue is to make sure it's not a faint to create a parking space. If there is the nine foot separation, then it clearly is not a parking space and has to be used for whatever other purpose it is. He noted he has several friends who live on Johnson Street and it is just a cluster of cars in people's yards. It is a big problem with them regarding the quality of life. This ordinance is not going to solve all the problems because it doesn't address the issue of current structures that have the pavement there, but at least it can stop it from spreading. Baker asked for one small clarification. Under the current regulations if somebody wanted to add a paved recreational area in the setback, they could do with no separation. With the new ordinance they can still add a paved recreation area in the setback, they just need a nine foot separation from any other pavement. Hensch confirmed a homeowner can do whatever they Planning and Zoning Commission October 17, 2019 Page 6 of 11 want with their property such as a picnic area in the front or a grilling area. He acknowledged this may not solve a whole lot of problems, but it's at least a step. Dyer stated the particular example in the staff report is in violation now. Russett confirmed the use of it as parking is a violation of the Zoning Code. The concrete isn't a violation, but the way they're using it is. So if an enforcer comes along and sees cars parked there they can issue a citation. Martin feels then the goal is to put more cars on the street, which she acknowledges is a negative way to look at it but as a bicyclist and as someone who lives near downtown she would want more cars off of the street. Regardless, she cannot understand how this verbiage can help rental codes and make a difference in parking. Russett clarified the proposed ordinance isn't changing how they currently allow and where they allow parking. Signs agreed he doesn't like concrete in front yards either and feels putting a nine foot grass strip between it and some other concrete isn't going to stop any illegal parking. If there is an enforcement issue now, there will still be an enforcement issue later. Townsend asked if this would also apply to those that sell their cars and boats on their front yards. Russett stated that is a whole other issue. Hensch is not sure this will solve much of a problem because it doesn't do anything to fix existing structures, but it does clarify things for the future. It doesn't limit the options with the homeowner and it makes things easier to distinguish violations both for the homeowner and for the code enforcement officer. Hensch added they need to minimize the amount of concrete overall because of the whole storm water and the drainage issues. So even though he doesn't think this will solve much he will vote in favor of this. Dyer does see it as a problem if someone wants to put a sidewalk right next to the driveway as in some of the illustrations that Mr. Oliveira brought forth. If someone added a garage and wanted a sidewalk from the garage to go beside that towards the front of the house to the front door that would seem to be a violation of this proposal and she doesn't see the problem with having a sidewalk. Russett agrees with that and stated they could clarify the Code language to state that it doesn't apply to sidewalks, that additional paving wouldn't apply to sidewalks or any access to the to the home. Hensch asked if they should amend the motion or is that just a note staff will take to City Council. Russett would like to discuss it further with staff. Parsons moved to amend the motion to exclude add ons that are strictly for sidewalk use and access to the dwelling and staff will work out the details. Signs concurred and seconded the amendment to the motion. A vote was taken and the motion passed 4-3 (Baker, Martin, Signs dissenting). r4 �� Pvtold� k 0(WA-q, 911 S Van Buren St Iowa City. IA 52240 • Single Family • Active 3 bedroom home listed for $190,000. These proposed changes would reduce the legal parking in this driveway from two cars stacked to one car. The sidewalk to the front door is also a paved area not separated by at least 9 feet from the drive aisle. 3922 Grindstone Dr. Iowa Cfty. to 52240 • Single Family • Active Listed for $333,900. The garage extends in front of the front side of the house. Therefore, under the proposed new ordinance 14-2A-6(Q3)(c) no parking spaces would be allowed in the aisle (driveway) leading to the garage parking spaces. Further, the sidewalk that starts at the driveway (aisle) and extends to the left around the two -car garage connecting to the front door is not separated by at least 9 feet from the driveway (aisle). 3005 Parkview Ave Iowa Cjiy. IA 52240 • Single Family • Active Sa:. �b��9,/y7� ' i+ .r 1-. `t1-. � Y ry � �ti� rY r,.• cr .4 • x.: `r t rPy � ri r` ' F ' �`- i -=3vs' •�.Ywr•� �-t�< �T"�r �.�` 'b" ~ rrf i u• `"j yar i.• y •-,. J,f y.. �cw ai0 �Ar► it • �..,r v :��, ik.7 ! y r... �i �. ! b�y�_ 1C � f a 2, a�.a� ' �..�.{7'S'"-::.�'..�-.'_� r.. _. i'�.ii.' :� .-s:4• .c. -c _� sfi�'%` _-: L.:_�Y+ t�,• _' - , This 4 bedroom split level house is listed for $174,900. This proposed ordinance would make parking to the left of the portion of the aisle that leads directly into the one car parking garage illegal for either required or non -required parking stalls. However at least 50% of the front yard setback remains open space. The walkway to the front door is also a paved area not separated by at least 9 feet from the driveway. 2235 Russell Drive n Iowa City. IA 52240 • single Family • AUive Save 4 bedroom house listed for $197,000. These proposed rules would make use of the driveway paved to the right of the aisle to the parking garage for parking illegal, as well as making the walkway to the front door illegal. The addition of this parking area is a typical solution for additional cars once teenagers reach driving age or in this case even if the two adults both work, so that each can get out without blocking the other driver. For this property clearly more than 50% of the front set back area remains open space. 3758 EEgin Dr Iowa City, IA 52245 • Singte Fatuity • Pending SavE This 4 bedroom, 4 bath home is listed for $306,900. The garage extends in front of the front side of the house. Therefore, under the proposed new ordinance 14-2A-6(Q3)(a) and (c) no parking spaces would be allowed in the aisle (driveway) leading to the garage parking spaces. Further, the sidewalk that starts at the driveway (aisle) and extends to the right around the two -car garage connecting to the front door is not separated by at least 9 feet from the driveway (aisle). 925 Meadowlark Dr Iowa City. IA 132746 • `Migie Fa mly • Active Listed for $1,190,000. This would appear to violate the proposed new ordinance 14-2A-6(C)(3)(c) in that the garage appears to extend in front of the front building face of the house. Thus, no parking spaces would be allowed in the aisle (driveway) leading to the garage parking spaces. Further, the sidewalk that starts at the driveway (aisle) and extends to the left around the garage and the sidewalk that extends from the driveway (aisle) to the front door both are not separated by at least 9 feet from the driveway (aisle). It is quite possible that a 6 -bedroom, 6 bath house, such as this, could be occupied by persons with more than 3 cars. 863 Kennedy Pkwy Iowa City. IA 52244 • Single Family • Active 0 Save This house is listed for $509,900. The garage extends in front of the front side of the house. Therefore, under the proposed new ordinance 14-2A-6(Q3)(c) no parking spaces would be allowed in the aisle (driveway) leading to the garage parking spaces. Further, the sidewalk that starts at the driveway (aisle) and extends to the right around the three -car garage connecting to the front door is not separated by at least 9 feet from the driveway (aisle). 2918 Orchard View Ln Ne n Iowa City, IA 52240 • Single Family - Pending Pendlmg PRICE REDUCED Listed for $899,900. This would appear to violate the proposed new ordinance 14-2A-6(Q3)(c) in that the garage appears to extend in front of the front building face of the house. Further, there is no space in the driveway that would be directly behind the parking spaces in any of the garages given the orientation of these garages. Thus, no parking spaces would be allowed in the aisle (driveway) leading to the garage parking spaces. Further, the sidewalk that starts at the driveway (aisle) and extends to the left around the three -car garage connecting to the front door and the paved area on the street side of the two car both are not separated by at least 9 feet from the driveway (aisle). STAFF PRESENTATION TO FOLLOW: 1 r I C04;qui h CITY OF lOVVA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 356-5000 (3I9) 356-5009 FAX www.icgov.org Item 11.c.: Zoning code amendment related to single-family site development standards ZCA19-04 An ordinance amending Title 14, Zoning Code of the City of Iowa City related to single-family site development standards. (First Consideration) State legislature passes a bill prohibiting cities from enforcing any regulations that limits occupancy of rental property based on the existence of familial relationships City adopts neighborhood stabilization ordinance that made many changes to the zoning code, including, but not limited to: • Updated rear setback requirements to discourage inappropriate expansions in certain zones • Limited the number of bedrooms in attached single-family and duplexes to 4 • Updated the private open space requirements City moves to annual inspections for many rental properties and increases nuisance and property maintenance enforcement. City adopts an ordinance that capped rental permits at 30% in certain neighborhoods for single-family and duplexes State legislature passes a bill prohibiting cities from adopting or enforcing rental permit caps City adopts a ten-month rental permit cap moratorium until March 7, 2020 on the issuance of new rental permits for single-family and duplex units in areas that exceed the 30% rental cap City Council Goals for New Regulations • Ensure single family detached structures and duplexes provide healthy and safe living environments for all occupants; • Maintain neighborhood characteristics and housing options suitable for attracting a diverse demographic in our older single- family neighborhoods; and • Prevent the overburdening of city infrastructure and operational resources. Housing Code Changes • Hired a full time staff person for proactive nuisance code enforcement. • Hired a full time inspector for the increased housing inspections. • Annually budget for a 0.5 FTE Neighborhood Services Officer from the police to handle neighborhood nuisance issues. Housing Code Changes • Defined habitable room and set minimum requirements (minimum of 70 SF). • Limited how much space bedrooms could occupy in single family or duplex units (35% of the finished floor area) • Required interconnected smoke alarms for properties that add one or more bedrooms. • Defined and set requirements for minimum shared living space. • Required permanent separation between duplex units. • Required deadbolt locks for each dwelling and rooming unit. • Limited parking to the rear of the lot for single family and duplex properties. Zoning Code Changes • Updated rear setback requirements to discourage inappropriate expansions in certain zones. • Limited the number of bedrooms in attached single family and duplexes to four • Updated the private open space requirements. • Moved to annual inspections for certain types of rental properties. Proposed Code Amendment Change relates to paving in the front yard setback of single-family homes and duplexes Parking spaces allowed in front setback Parking spaces allowed in front setback area, as area, as long as it leads directly to a long as it leads directly to a parking space and at parking space and at least 50% of the least 50% of the front setback area remains open front setback area remains open space. space. NEW: Additional paved areas shall be separated by at least 9 feet of open space area from conforming parking spaces or aisles. Exception: Pedestrian walkways Parking Space 41 Parking Space #2: -Leads directlyto parking space (garage) -Portion within setback area -50% of front setback area is open space Additional Paved Area next to conforming parking; Still okay since 50% of setback area is open space Parking Space #1 Parking Space #2: -Leads directly to parking space (garage) -Portion located within the setback area -50% of front setback area is open space Additional Paved Area next to conforming parking — Not Allowed Parking Space #1 Parking Space #2: -Leads directly to parking space (garage) -Portion located within setback area -50% of front setback area is open space n is' Additional Paved Area separated by 9' of open space; 50% of front setback area remains open space Parking Space #1 Parking Space #2: -Leads directlyto parking space (garage) -Allowed since 50% of front setback area is open space Additional Paved Area separated by 9' of open space; 50% of front setback area remains open space Parking Space #1 Parking Space #2: -Leads directlyto parking space (garage) -Allowed since 50% of front setback area is open space Additional Paved Area separated by 9' of open space; 50% of front setback area remains open space Parking Space #1 Parking Space #2: -Leads directlyto parking space (garage) -Allowed since 50% of front setback area is open space �`aY s i " II ' t t o ■�\ K."�\' w —.- f 11111 WWI Wor . $§( WWI Wor . .r 1 y� j.. . - H 1, � �/ $1 1 � @ ii `. ,Ars ,. ,� �� �..•�10lr l` I�yC yu /! --- --- r'.9-11�iF i I- E F d .t } �{. 4 •`� 5 'psi i t i �i MW�I 0_ i,g Ker p IN STAFF PRESENTATION CONCLUDED � r rrM as � h CITY OF IOWA CITY 410 East Washington Strect Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov. o rg rRt�m P�jcznCL (-,cZr lsor N 24'-0' INSTALL RE DRAW �•---6'-Q -j FOR FUTURE GRAB BMS 33'-36' HIGH 3'-0' . 4--0- 0 Q- EGRESS T— 3e'.80' 38'.72- 0,-9" O O BEDROOM •1 I u T ,o -6 •O NO INTERIOR 40. FT. 9, , « a+ ® .. M G w ' -' 9, ADDITION ^ `; •s 710 TOTAL SO. FT. 30 a ® PER LEVEL •O 2- 2N O ' US N]2BR 2.4 BRG. WAL11 DI M IWR GI 212 IVR FUTURE RAMP: N ' MAXIMUM RISE OF I/12. O I•-3 1/2_ I/20 PREFERRED. q — 36' MINIMUM CLEARENCE BETWEEN HANDRAILS v BEDROOM a2M _ • MAXIMUM 30' RISE THEN N PROVIDE 5 -0' 140 INTERIOR 30. FT. 7 -5 1/2 RESTING LANDINGVEL 0 3'-8" • AN. s -o' . S'-0' LANDING .- A7 DOORci. H P o 2-4 3'-8. I I 0 2 2 '? 2-6 B- < 2.6 I Mv.t Ter 1 OWAR -6'o 3-^r m COVERED PORCH PATIO"0-O 00 30 12 n � I SII IIJ BUILDER TO VERIFY I I ALL DIMENSIONS F --B -0 --� 22'-O• NOTE: ADJUSTMENTS MAY BE MADE AT BUILDERS DISCRETION NEW PROPOSED MAIN LEVEL PLAN SCALE: 1/4" - 1'-0" 416 SO. FT. N•U -2. GGO-OYti 19-07M AM - S ft 90 -,* I I. c, T O FILE® NOV 19 2019 City Clerk Iowa City, Iowa 'UP 14flo : KITCHEN m ' i' 9 NW 2 4W0.. 3-0 ......... .... u u EXISTING 2.8 JOIST 16' O.C. m N LIVING ROOM S'-4" .O ' S' -O S'-0' S'-0' S'-0' �-0---I^6'-0--+-5. 1� MEW GIIIIIIIIIIIIIIIIP WOW PORCH 7-0-- 7-0 SII IIJ BUILDER TO VERIFY I I ALL DIMENSIONS F --B -0 --� 22'-O• NOTE: ADJUSTMENTS MAY BE MADE AT BUILDERS DISCRETION NEW PROPOSED MAIN LEVEL PLAN SCALE: 1/4" - 1'-0" 416 SO. FT. N•U -2. GGO-OYti 19-07M AM - S ft 90 -,* I I. c, T O FILE® NOV 19 2019 City Clerk Iowa City, Iowa -24'-0- S-0- , 4._0. T EGRESS 36-.60 36".60- '' 9 O O BEDROOM +5 o -6 -�• Ot NI INTERIOR 50. FT. ` u .a N In W YI .0 t■® Z- ]� H 3- 30 0 2'-0' N � BEDROOM •4 0 °0 Oi 156 INTERIOR SO. FT. o y ROOF SYSTEM z. • c o.. N o NMA: I I tom O ._. ' -8' Nvec. N a.A FURRING •ALl FLA. LINE I V -D '-2 t :DN 14R © t ® pw I,I 3.0 v ' x 3'-1 Hr 5'-4' #t o BEDROOM IFT. IRS INTERIOR S0EXISTING ROOF SY2'-II 1/2" EGRESS I5'-0' . 4.-0. \ :-A--1 / 6' 0'—� ..: .................. NEW PROPOSED UPPER LEVEL PLAN SCALE: 1/4- • F-0• 416 SO. FT. WV6Kt GCO-OLO+lA+B-ar3 rRr-S 41 90 to N ADDITION 710 TOTAL S0. FT. PER LEVEL NOV 1 9 2019 City CIerK Iowa City, Iowa BUILDER TO VERIFY ALL DIMENSIONS I - NOTE: ADJUSTMENTS NAY BE NAGE AT BUILDERS DISCRETION 24'-0' REIINAYE., '-0' FILED COXOfTE Y3® M tAu SLIDER EGRESS NOV 19 209 O J6'x60' 36'x60' 1'-3 City Clerk BEDROOM P7 Iowa City, Iowa 140 INTERIOR 50. FT.. o -0 0- n 4a O }f m m -4 I V110 AS�ALL i- J N •�_� 3'D O wV ONO 216 BPG, IIAILI TOKvv M Ira. al FTG. IMIN W/ W- IM ILN s ARIN BEDROOM w6 MouTANDMO NRXATE TO A MF R9 qR INTERIOR 60. FT. �o o a iv s LS 3-0 m - 3-0 3-0 0 9 1/ 3 8' N0.0 I ® 2-6 0 W-6" MVAC ie WH i rMEWS Si/ --------- 1/2 6"� NEW -3-6- ?? retia' coxc. RAu ON * ETa BF6 v _ U 44 BMS S-8" 3'- 4.4 PT. '-10 I/4' roan PEII AM T -5 1/4 3-0 3-0 UA 16P _ F .ELL EIf 1� EOEER • ..... ,. _... S.1 M0. .AI. '-5' CONCRETE " ,ELL ® © W, C USFD AS 'I.LLL MACSM � v¢ I 0 WALL EXISTING 2.8 JOIST w .p oN I • BELOW GRADE 16- O.C. w '� wALOMO LOE N I� \ NE p6TAIL M OUT ND b An OI N TO AIM AS I p hr 7x6 PT. JOIST I EXERCISE 0 IS,O.c. STORAGE AREA W =� j� BLDG. LINE N 1 4'-0" I r OA PT. a03n P i W2 1- cu. MERS to 9 13' BE1011 GRACE N ......... ' BULGER TO VERIFY ALL DIMENSIONS •................. • 5 3/4' '-II' 7'-0 1/2" 7'-0" NOTE' ADJUSTMENTS MAY BE MADE AT BUILDERS DISCRETION NEW PROPOSED BASEMENT PLAN C WU6Bi3 GCO 1.. .— G605 AM— Sc�M 190 ALLY WAY 60'-0"_ I 2 3 4 5 STEPS O [IO' -O. O' -O 4'-O• WIDE WALKWAY I (6) 10'-0" x 18'-0" PARKING SPACES O I I O Ln I I29'-0: 7'-O= I 31'-0" �37'- PROPOSED ADDITION OPEN DECK 6 0l — — FILED NOV 19 2m City Clerk Iowa City, Iowa �.I E: NORTH �Iw : 938 E. JEFFERSON ST. 5: IOWA CITY. IOWA 52240 LL -o 12 EXTENSDECKION O M O 04 O N N —__-_-BACK OF CURB___-� L- EAST JEFFERSON STREET wvaeu D—ouz 9-0151AM—Scsr1 zee REMOVE EXISTING I NEW STEPS STEPS O _ 60'-0.1 i� 4'-O• WIDE WALKWAY 6 0l — — FILED NOV 19 2m City Clerk Iowa City, Iowa �.I E: NORTH �Iw : 938 E. JEFFERSON ST. 5: IOWA CITY. IOWA 52240 LL -o 12 EXTENSDECKION O M O 04 O N N —__-_-BACK OF CURB___-� L- EAST JEFFERSON STREET wvaeu D—ouz 9-0151AM—Scsr1 zee Il,c Prepared by: Anne Russett, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240 (ZCA19-04) ORDINANCE NO. Ordinance amending Title 14, Zoning of the Iowa City code related to single-family site development standards (ZCA19-04) Whereas, in April 2018, the City adopted a neighborhood stabilization ordinance (Ordinance No. 18-4744) and an ordinance (Ordinance No. 17-4769) that capped rental permits at 30% in certain neighborhoods for single-family and duplex uses; and Whereas, in April 2019, the State legislature adopted a law (SF 447) that prohibited municipalities from adopting or enforcing rental permit caps; and Whereas, in May 2019, the City adopted a 10 -month rental permit cap moratorium (Ordinance No. 19-4793) on the issuance of new rental permits for single-family and duplex units in areas that exceed the 30% rental cap in order to allow time to explore how best to mitigate the consequences of the State legislation; and Whereas, the City explored alternative strategies to ensure older homes and duplexes provide healthy and safe living environments for all occupants; maintain neighborhood characteristics and housing options suitable for attracting a diverse demographic in our older single-family neighborhoods; and prevent the over -burdening of city infrastructure and operational resources; and Whereas, the zoning code allows parking spaces within the front setback area as long as it leads directly to a parking space and at least 50% of the front setback area remains open space; and Whereas, one alternative strategy identified for single-family homes and duplexes was to require an unpaved separation between conforming parking spaces and additional paved areas to ensure these additional paved areas are not used for parking; Whereas, the proposed amendment to single-family residential zone site development standards requires that any additional paved area (e.g. patio seating areas, basketball courts, grilling areas) within the front setback area must be separated by at least 9 -feet from any conforming parking spaces or aisles, with the exception of walkways that provide access to a dwelling unit; and Whereas, the Planning and Zoning Commission held a meeting on October 17, 2019 and recommended approval of the aforementioned zoning code amendment; and Whereas, it is in the City's best interest to adopt this ordinance. Now, therefore, be in ordinance by the City Council of the City of Iowa City, Iowa, that: Section 1. Section 14 -2A -6C(3) "Single -Family Development Standards", "Garage, Drieway and Parking Location Standards" of the Iowa City Code is hereby amended by adding the following underlined language: 3. Parking is not permitted in the front principal dwelling setback, except in the following situations: a. For single-family uses, one of the required parking space(s) may be provided in the front principal dwelling setback on a regularly constructed aisle that leads directly to a parking space that is not located in the front principal dwelling setback, provided not less than fifty percent (50%) of the front principal dwelling setback area remains open space, free of impervious surface. With the exception of pedestrian paths that provide access to a dwelling unit, additional paved areas may not exceed fifty percent (50%) of the front principal dwelling setback area and shall be separated from conforming parking spaces or aisles by at least 9 feet of open space area, free of impervious surface. b. For two-family uses and group households, two (2) of the required parking spaces may be provided in the front principal dwelling setback on a regularly constructed aisle that leads directly to a parking space that is not located in the front principal dwelling setback, provided not less than fifty percent (50%) of the front principal dwelling setback area remains open space, free of impervious surface. With the exception of pedestrian paths that provide access aisles by at least 9 feet of open space area free of impervious surface c. For single-family uses, two-family uses, and group households, up to three (3) nonrequired parking spaces may be provided in the front principal dwelling setback, provided any such space is located on a regularly constructed aisle that leads directly to a parking space that is not located in the front principal dwelling setback, and provided that not less than fifty percent (50%) of the front principal dwelling setback area remains open space, free of buildings and impervious surfaces. (See figure 2A.5 of this section.) With the exception of pedestrian paths that provide access to a dwelling unit additional paved areas may not impervious surface. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof no adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval, and publication, as provided by law. Passed and approved this day of 2019. Mayor App ved by Attest: � /(" u 1 ✓�ull/Yc/H�+lr City Clerk -City Attorney's Office Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salib Taylor Teague Thomas Throgmorton that the First Consideration 11/19/2019 Vote for passage: AYES: Taylor, Teague, Thomas, Throgmorton, Cole, Mims, Salih. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Item Number: 12. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT November 19, 2019 Ordinance amending Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," to require radon testing and mitigation in single- family and duplex rental units. (First Consideration) Prepared By: Tracy Hightshoe, NDS Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: In response to the state legislature prohibiting municipalities from adopting or enforcing any regulation or restriction related to occupancy of residential rental property that is based on familial or nonfamilial relationships, the City adopted multiple housing and zoning code changes to mitigate the destabilizing effects of the legislation. One of the larger code changes was the implementation of a rental permit cap for single family and duplex properties in university impacted neighborhoods. On April 23, 2019 the state legislature prohibited municipalities from enforcing or adopting rental permit caps. Without the ability to regulate based on familial status or a rental cap in university impacted neighborhoods, the City established a moratorium on single family and duplex rental permits in university neighborhoods that had exceeded the 30% rental cap until March 7, 2020. The moratorium provides an opportunity for the City to study alternate strategies to address three Council goals: 1) Ensure single family detached structures and duplexes provide healthy and safe living environments for all occupants; 2) Maintain neighborhood characteristics and housing options suitable for attracting a diverse demographic in our older single-family neighborhoods; and 3) Prevent the overburdening of city infrastructure and operational resources. Background /Analysis: In response to the City's goal to ensure singe family detached structures and duplexes provide healthy and safe living environments for all occupants, staff recommends the adoption of a radon ordinance for all detached single family and duplex properties. There are approximately 2,700 single family and duplex properties in Iowa City. Radon is the number #1 cause of lung cancer among non-smokers. It is a naturally occurring radioactive gas produced from the decay of radium in the soil. It is odorless and tasteless. Radon typically moves up through cracks and other openings in the foundation. The home then traps the radon inside, where it can lead to increased levels of radon. All 99 counties of I owa are in Zone 1, also known as the "red zone" for radon levels - meaning people in these counties have the highest potential for radon in their homes. The average indoor radon concentration in Iowa is more than six times the national average. In the Fall 2019 Blue Cross Blue Shield newsletter, they estimate that 400 deaths per year in Iowa are caused by radon -induced lung cancer, approximately the same number who die in traffic accidents each year. When an owner -occupied home is listed for sale, it is a common requirement to have the home tested for radon. If that test equals or exceeds the 4 pCi/L level, the purchase is often contingent upon the installation of a radon mitigation system. We see this requirement far less often in the sale of rental properties. I n order to address the health and safety of occupants, staff recommends that prior to issuance or renewal of a rental permit for single family detached and duplex structures, that the unit must be tested for radon. If the unit tests above the 4 pCi/L level, a radon mitigation system must be installed and tested to ensure radon levels remain below this threshold. The radon mitigation system, if required, must be maintained for continued rental permit renewals. For single family, duplex and townhomes built after August 28, 2002, the code requires the installation of a passive radon system at the time of new construction. This makes it less expensive for the owner to install a full mechanical radon abatement system if the home tests high for radon. Staff is recommending that the owner must test every eight years to verify compliance as radon levels may fluctuate over time, especially if a new HVAC system is installed or significant rehabilitation has taken place. Staff will be present at the November 19 work session to discuss any questions. EPA.gov/radon and Iowa Department of Transportation ATTACHMENTS: Description ordinance 12 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. Ordinance amending Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," to require radon testing and mitigation in single-family and duplex rental units. Whereas, in December 2017, the City adopted an ordinance (Ordinance No. 17-4769) that capped rental permits at 30% in certain neighborhoods for single-family and duplex uses and in April 2018, the City adopted a neighborhood stabilization ordinance (Ordinance No. 18-4744) and; Whereas, in April 2019, the State legislature adopted a law (SF 447) that prohibited municipalities from adopting or enforcing rental permit caps; and Whereas, in May 2019, the City adopted a 10 -month rental permit cap moratorium (Ordinance No. 19-4793) on the issuance of new rental permits for single-family and duplex units in areas that exceed the 30% rental cap in order to allow time to explore how best to mitigate the consequences of the State legislation; and Whereas, the City explored alternative strategies to ensure older homes and duplexes provide healthy and safe living environments for all occupants; maintain neighborhood characteristics and housing options suitable for attracting a diverse demographic in its older single-family neighborhoods; and prevent the over -burdening of City infrastructure and operational resources; and Whereas, in response to the City's goal to ensure single-family and duplex rental units provide healthy and safe living environments for all occupants, they should be tested for radon, and if the test result is equal to or greater than 4 pCi/L, a radon mitigation system should be installed; and Whereas, it is in the City's best interest to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 18, entitled, "Minimum Structure Standards for All Rental Housing," is amended by adding the following underlined text as new Subsection T: 5. If the unit has an existing radon mitigation system on July 1. 2020, the unit shall be tested within 8 years of the date the last radon test was performed. 6. Notwithstanding anv other Drovision herein. a Drior radon test will be accepted if the permit or within 2 years of the expiration of the expired permit. The unit shall be tested 7. 2. Title 17, entitled 'Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, 'Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," Subsection N, entitled "Supplied Facilities," is amended by adding the following underlined text: 1. Every facility, utility and piece of equipment required by this code, including a radon mitigation system, and/or present in the unit and/or designated for the exclusive use of the occupants of said unit, at the time that either the rental agreement is signed or possession is given, shall function safely and shall be maintained in proper working condition. Maintenance of facilities, utilities and equipment not required by this code shall be the owner's responsibility unless stated to the contrary in the rental agreement. 2. No supplied facility, including a radon mitigation system, shall be removed, shut off or disconnected from any occupied dwelling unit or rooming unit except for such temporary interruption(s) as may be necessary while actual repairs, replacements or alterations are being made. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2019. Mayor City Clerk Appr IMA City Attorneys Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration Vote for passage: Salih, Taylor. Second Consideration _ Vote for passage: Date published ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton 19/2019 that the AYES: Teague, Thomas, Throgmorton, Cole, Mims, NAYS: None. ABSENT: None. Kellie Fruehling Late Handouts Distributed From: Field, R W <bill-field@uiowa.edu> Sent: Monday, November 18, 2019 3:07 AM To: Council Subject: Proposed Ordinance radon (Date) Attachments: Radon Bill Field.pdf, Radon - A Leading Environmental Cause.pdf Importance: High I i RISK Please see attached correspondence to the Iowa City Council. Warmest regards, Bill Field Bill Field, PhD, MS Professor Department of Occupational and Environmental Health Department of Epidemiology College of Public Health University of Iowa Bill-field@uiowa.edu L THE 1 LIN1VERS11Y OF IOWA Council Members Iowa City 410 E. Washington Street, Iowa City, IA 52240 RE: Public Health Importance of Radon Reduction Dear Council Members, COLLEGE OF PUBLIC HEALTH Department of Occupational and Environmental Health November 16, 2019 I have been performing radon -related research and outreach for over 25 years including serving as: the U.S. Science Representative to the World Health Organization's (WHO) Global Initiative on Radon, the lead author of the National Institutes of Health's (NIH) funded Iowa Radon Epidemiologic Study, a co -investigator on the North American Pooled Epidemiologic Radon studies, one of the three final reviewers of the CDC's (Agency for Toxic Substances and Disease Registry) Toxicological Profile on Radon, and as a resource to numerous federal and state agencies (e.g., Environmental Protection Agency (EPA), Department of Defense, Iowa Department of Public Health, etc.). I was honored to receive the 2017 Iowa Cancer Consortium's - Iowa Cancer Champion Award and the 2018 Iowa Radon Hero from the Iowa Department of Public Health. While I have a conflict attending Iowa City Council meetings due to other commitments, I would welcome answering any questions from council members regarding radon testing and mitigation as well as providing insights into the well documented health risk posed by protracted radon exposure. Radon is the leading cause of lung cancer among individuals who have never smoked and the leading environmental cause of cancer death overall in Iowa. Each year approximately 400 Iowans die from radon -induced lung cancer. In fact, Iowa leads the nation in the percent of homes with radon concentrations exceeding the EPA's radon action level of 4 pCi/L. Due to lung shape and lung size differences as well as breathing rates, children have higher estimated radiation doses from radon as compared to adults when exposed to the same radon concentration. 145 N. Riverside Drive 100 College of Public Health Building, Suite 5300 Iowa City, Iowa 52242-2007 319-335-4415 Fax 319-384-4138 www.public-health.uiowa.edu/oeh Radon testing can be reliably performed by measurement specialist licensed by the Iowa Department of Public Health. In addition, if needed, radon mitigation can be successfully performed by a radon mitigation specialist licensed by the state of Iowa. Typical radon mitigation systems reduce radon concentrations well below the EPA's Radon Action Level. I have attached a recent summary of the health risks posed by radon that was published in the September 2018 American Family Physician Journal. Additional details about the health risk posed by radon can be found at these links. hLtps:Hcanceriowa.org/breathiniz-easier/ https://www.epa..qov/radon/health-risk-radon Please feel to contact me if I can be of any assistance. Phone: 319-335-4413 Email: bill-field(cD-uiowa.edu Sincerely, 4, 1 R. William Field, PhD, MS Professor Department of Occupational and Environmental Health Department of Epidemiology 2 Editorials Radon: A Leading Environmental Cause of Lung Cance' R. William Field, PhD, MS, University of Iowa College of Public Health, Iowa City, Iowa Protracted exposure to radon decay products is the leading environmental cause of cancer mor- tality in the United States.',' Family physicians play a key role in informing their patients about the health risks posed by radon exposure and in recommending proactive actions to reduce radon exposure. How Does Radon Enter a Home? Radon, with a radioactive half-life of 3.8 days, is a tasteless, colorless, and odorless radioactive noble gas formed from the radioactive decay of radium, a globally occurring natural component of soil and bedrock. Radon naturally occurs outdoors, but it is generally found at higher concentrations indoors because most houses are not built to be radon resistant. Building ventilation and stack effects cause lower air pressure in a house as compared with the air pressure in the soil around the foundation and basement slab. This pressure differential draws radon into the house through floor -wall joints, cracks in the foundation, and other openings in the building's substructure. Radon released from well water and building materials (e.g., concrete) also represents a poten- tial secondary source of radon in a house. Elevated residential radon concentrations are found in all types of houses in every U.S. state, regardless of the age of the home or the socio- economic status of the neighborhood. Therefore, the U.S. Environmental Protection Agency (EPA) recommends that all houses be tested for radon and that action be taken to reduce radon con- centrations that are equal to or exceed the EPA's radon action level of 4 pCi per L (150 Bq per m').' The EPA also suggests lowering the radon con- centrations to less than 4 pCi per L to further reduce lung cancer risk because there is no safe level of radon.' Radon testing is inexpensive ($15 to $25) and can easily be completed using do-it-yourself radon test kits, which are available at most hard- ware stores or by calling 800 -SOS -RADON (800-767-7236). If elevated radon concentrations are detected, radon mitigation costs generally range from $800 to $1,500 and are eligible health savings account or flexible spending account expenses. Additional information about radon testing and mitigation is provided in the EPA's Citizen's Guide to Radon' and other EPA publications (https://www.epa.gov/radon). In collaboration with the EPA, the Conference of Radiation Control Program Directors (a nonprofit orga- nization) also recently released a new Radon Guide for Health Care Providers' that provides clinicians with guidance to help their patients reduce exposure to radon (http://canceriowa.org/ BreathingEasier. aspx). What Is the Evidence of Radon's Carcinogenicity? Overwhelming evidence of radon's carcinogenic- ity comes from 11 large epidemiologic studies of underground miners exposed to radon and from the 1999 National Research Council's pooled analysis of those studies',' In addition, pooled analyses of residential radon studies performed in China, Europe, and North America have also demonstrated that protracted exposure to radon (and radon decay products), even below the EPAs action level, significantly increases lung cancer risk.6 a The National Research Council's lung cancer risk projections to the general public from protracted radon exposure closely agree with the risk estimates reported from these three pooled analyses.'•',' Based on the National Research Council's findings from the pooled underground miner studies' and further supported by the findings of the residential radon case -control studies, 6-8 the EPA estimates that 21,000 people die from radon -induced lung cancer each year in the United States, which represents about 13% of annual U.S. lung cancer deaths.9 If treated as an individual disease category, radon -induced lung cancer would rank among the top 10 causes of cancer mortality.2 The combined health effects of radon and tobacco exposure are synergistic rather than additive, so reducing either of the exposures substantially reduces lung cancer risk.',' Table 1 presents the lifetime risk of lung cancer death from radon exposure in homes based on smoking status and radon level.' How Does Radon Induce Lung Cancer? Radon decays into a series of solid radioactive products that can be inhaled and then deposited ► Downloaded from the American Family Physician website at www.aafp.org/afp. Copyright © 2018 American Academy of Family Physicians. For the private, noncom- mercial use of one individual user of the website. All other rights reserved. Contact copyrights@aafp.org for copyright questions and/or permission requests. EDITORIALS Lifetime Risk* of Lung Cancer Death from Radon Exposure in Homes Radon level Never Current General (pCi per Q smokers smokers population 20 3,600 26,000 11,000 10 1,800 15,000 5,600 1,500 12,000 4,500 730 6,200 2,300 370 3,200 1,200 1.25 230 2,000 730 0.4 73 640 230 Note: The estimated risk at the U.S. Environmental Protection Agency action level of 4 pCi per L is 7 per 1,000 individuals in never smokers and 62 per 1,000 individuals in current smokers. *-Risk is shown per 100,000 individuals. Adapted from Conference of Radiation Control Program Directors. Reducing the risk from radon: information and interventions. A guide for health care providers. http://www.radonleaders.org/sites/ default/fifes/Health CareProfessionalsGuide_ Radon_ 2018_ FINAL_ CRCPD%20E-18-2.pdf. Accessed June 27, 2018 onto the pulmonary epithelium. Two of the alpha -emitting decay products, polonium -214 and polonium -218, deliver the majority ofthe radiogenic dose to the lungs and have been identified as the primary cause of radon -induced lung can- cer.'-' These decay products cause single- and double -strand DNA breaks as well as indirect genotoxic and nongenotoxic effects on cells, which can lead to malignancy. 2,4,5 Does Radon Present a Substantial Risk to Individuals Who Have Never Smoked? In the United States, up to 20% of lung cancer deaths each year occur in individuals who have never smoked, which translates to about 30,000 Americans in 2017.10 Protracted radon exposure is considered the leading cause of lung can- cer in this population.1-5 Is a History of High Radon Exposure An Eligible Criterion for Low -Dose CT Screening? The U.S. Preventive Services Task Force states that the benefit of low-dose computed tomography (CT) screen- ing varies because individuals who are at higher risk of developing lung cancer because of smoking history and other risk factors, such as high radon exposure, are more likely to benefit than individuals who have no risk factors." Furthermore, the National Comprehensive Can- cer Network guidelines recommend low-dose CT screen- ing beginning at 50 years of age for individuals with at least a 20 pack-year smoking history and documented high radon exposure. 12 Interviews to assess eligibility for low-dose CT screening present an opportunity to edu- cate patients about the risks posed by smoking and radon exposure, even if the individual is not eligible for low-dose CT screening. It is important to note that the American Academy of Family Physicians concludes that the evidence is insufficient to recommend for or against screening for lung cancer with low-dose CT in persons at high risk based on age and smoking history.13 Address correspondence to R. William Field, PhD, MS, at bill-field@uiowa.edu. Reprints are not available from the author. Author disclosure: No relevant financial affiliations. References 1. Field RW, Withers BL. Occupational and environmental causes of lung cancer. Clin Chest Med. 2012:33(4):681-703. 2. Conference of Radiation Control Program Directors. Reducing the risk from radon: information and interventions. A guide for health care providers. http://www.radonleaders.org/sites/default/files/Health CareProfessionalsGuide_Radon_2018_FINAL_CRCPD%20E-18-2.pdf. Accessed June 27, 2018. 3. U.S. Environmental Protection Agency. A citizen's guide to radon: the guide to protecting yourself and your family from radon. https://www. epa.gov/sites/p rod ucti on/fi les/2016-12/d ocuments/2016_a _citizens_ guide_to_radon.pdf. Accessed June 28, 2018. 4. National Research Council. Health Effects of Exposure to Radon: BEIR VI. Washington, DC: The National Academies Press: 1999. https://www. nap.edu/read/5499/chapter/1. Accessed June 28, 2018. 5. World Health Organization. WHO handbook on indoor radon: a public health perspective. http://apps.who.irt/iris/bitstream/10665/ 44149/1/9789241547673_eng.pdf. Accessed June 28, 2018. 6. Lubin JH, Wang ZY, Boice JD Jr., et aL Risk of lung cancer and residen- tial radon in China: pooled results of two studies. Int J Cancer. 2004; 109(1):132-137. 7. Darby S, Hill D, Auvinen A, et al. Radon in homes and risk of lung cancer: collaborative analysis of individual data from 13 European case -control studies. BMJ. 2005;330(7485):223. 8. Krewski D, Lubin JH, Zielinski JM, et al. Residential radon and risk of lung cancer: a combined analysis of 7 North American case -control studies. Epidemiology. 2005;16(2):137-145. 9. U.S. Environmental Protection Agency. EPA assessment of risks from radon in homes. https://www.epa.gov/sites/production/files/2015-05/ documents/402-r-03-003.pdf. Accessed June 28, 2018. 10. Simon S. Lung cancer risks for non-smokers. November 6, 2017. Amer- ican Cancer Society. https://www.cancer.org/latest-news/why-lung- cancer-strikes-nonsmokers.html. Accessed June 28, 2018. 11. Moyer VA. Screening for lung cancer: U.S. Preventive Services Task Force recommendation statement. Ann Intern Med. 2014;160(5):330-338. 12. National Comprehensive Cancer Network. NCCN quick guide: lung cancer screening. https://www.nccn.org/patients/guidelines/ quick_guides/lung_screening/files/assets/basic-html/page-1.html#. Accessed June 28, 2018. 13. American Academy of Family Physicians. Clinical preventive service recommendation: lung cancer. https://www.aafp.org/patient-care/ clinical-recommendations/all/lung-cancer.html. Accessed June 28, 2018. ■ 282 American Family Physician www.aafp.org/afp Volume 98, Number 5 • September 1, 2018 Item Number: 13. �r CITY OE IOWA CITY www.iogov.org November 19, 2019 Ordinance amending Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," to allow persons to carry firearms in parks for the purpose of killing deer pursuant to a deer management plan. (Second Consideration) /_1AIF_TS:ILTA 121zIII & I Description Ordinana 13, Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5030 ORDINANCE NO. 19-4812 Ordinance amending Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," to allow persons to carry firearms in parks for the purpose of killing deer pursuant to a deer management plan. Whereas, Section 8-7-1 allows the discharge of firearms within City limits for the purpose of killing deer pursuant to a deer management plan; Whereas, the prohibition of carrying firearms in a park should be amended for the purpose of killing deer pursuant to a deer management plan; and Whereas, it is in the best interest of the City to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks; Subsection C is amended by adding the underlined text as follows: C. Weapons: Carry firearms or weapons into any park. This subsection shall not deer pursuant to a deer management plan. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved t ' 19th day of November , 2019. G- M or Attest: j City Clerk JU\ App`r �1(—(—(S City Attorney's Ordinance No. 19-4812 Page _ 2 It was moved by Mims and seconded by Cole Ordinance as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton that the First Consideration 11/04/2019 Vote for passage: AYES: Cole, Mims, Salih, Taylor, Teague, Thomas, Throgmorton. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 11/29/2019 Moved by Mims, seconded by Thomas, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Thomas, Throgmorton, Cole, Mims, Salih, Taylor, Teague. NAYS: None. ABSENT: None.