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HomeMy WebLinkAbout1992-09-01 Public hearing -, jP- NOTICE OF PUBLIC HEARING Nolice is hereby given Ihal a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p:m, on the 1st day of September, 1992, in the Civic Center Council Chambers, 410 E, Washington Street, Iowa City, Iowa; at CJ' 'ch hearing the Council will consider the following items: 1: An ordinance amending Chapter 27 of the Code of Ordinances of Iowa City, Iowa, by repealing the Large Scale Residential and Non'Residential Deveiopment regulations and replacing them with the new Site Plan Review Ordinance, 2, An ordinance amending Chapter 36, entitled 'Zoning Ordinance" of the Code of Ordinances of Iowa City, Iowa, by adopting sign regulations for the CB,5, Central Business Support Zone, 3, An ordinance amending the Zoning Ordinance by amending Section 36,76, Performance Requirements, to establish new particulate mailer emission requirements, Copies of the proposed Ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa, Persons wishing to make their views known for Council consideration are encouraged to appear at the above' mentioned time and place, MARIAN K, KARR CITY CLERK \ecHnph "'I I , I /fI{g": -, II \/) , J I- " 'I , , , ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE DF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "PLANNING" BY REPEALING ARTICLE III ENTITLED "LARGE SCALE DEVELOPMENTS" AND ADDING THERETO A NEW ARTICLE III ENTITLED "SITE PLAN REVIEW," WHEREAS, concerns have arisen regarqing compliance with existing large scale development and storm water management regulations; and WHEREAS, the City currently lacks site plan development standards to ensure good design in development; and WHEREAS, a site plan review ordinance will reduce time for approval of large sale developments while ensuring that all multi-family, commercial, and industrial developments and redevelopments are well designed and are consistent with ordinance standards and adjoining uses, , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I, AMENDMENTS, Chapter 27 of the Code of Ordinances of the City of Iowa City, lowa, be and the same is hereby amended by repealing Article III and adding thereto a new Article III to read as follows: ARTICLE III. SITE PLAN REVIEW Sec, 27-36, PURPOSE, (a) It is the purpose of this article to establish a procedure which will enable the City to review certain proposed improvements of property within the City in order to ensure the orderly and harmonious development of property in a manner that shall: (1) Promote the most beneficial relation between present and proposed uses of land, (2) Allow development of property commensurate with the availability and capacity, present and foreseeable, of public facilities and services, The factors to be considered in arriving at a conclusion concerning proposed development of property shall include the following: a, The projected population of the proposed development or the proposed intensity of usa, and consideration of the effect the proposal will have on the capacity of existing water and sanitary sewer lines to avoid overloading existing systems; b, Zoning restrictions at the time of the proposal; c, The City's comprehensive plan and other specific community plans; d, The City/s plans for future construction and provision for public facilities and services; and e, The existing and planned public facilities and services for the area which will be affected by the proposed site use, (31 Encourage adequate provision of surface and subsurface drainage, in order to assure that future development and other properties in various areas of the city will not be adversely affected, (4) Provide screening of parking, truck loading, refuse disposal, and outdoor storage areas from adjacent properties, (5) Provide for orderly, safe and efficient circulation of traffic within the develop- ment and throughout the City, (6) Minimize adverse environmental impacts on the developing property, 1~(P;t . __..~.._.__ "........_....._.....__.....____,.....___~ ,....._________ ..~ '11_.. 1 1__ Ordinance No, Page 2 Sec, 27-37, WHEN REQUIRED, Site plans shall be submitted, reviewed, and approved by the City prior to the issuance of a building permit for all development of any lot, tract, or parcel of land, The development of a single-family dwelling or two-family dwelling or related accessory structures in any zoning district are exempted from the site plan requirements of this chapter, but are not exempted from the requirements of the Uniform Building Code, These standards are in addition to those required by the Uniform Building Code. and apply to commercial, industrial and multi.unit residential development. ' (al Minor site plans shall be required for all development that does not require a major site plan: (b) Major site plans shall be required for all of the following types of development: (1) Over 12 units residentlal, or (2) Over 10/000 square feet of non-residential floor area, Sec, 27-38, PROCEDURE, i' An application for site plan approval for all development shall be submitted to the City, and shall meet the following requirements: (a) A minimum of 2 copies of minor site plans and 4 copies of major site plans containing all required information, (b) The required review fee, as established by the City, shall accompany the application for site plan approval. (c) Within 24 hours of submitting an application for major site plan approval, the applicant shall post notice of intent to deveiop on the site, The notice to be posted will be provided by the City, and shall be posted as directed by the City, Sec, 27.39, SUBMITTAL REQUIREMENTS, (a) Minor Site Plan. Submittal information for a minor site plan shall include the following information: (1) Date of preparation and north arrow, (2) A scale no smaller than 1" = 1 00/, (3) Legal description or address of the property, (4) Name and address of the owner of record of the property, the applicant, and the person(s) or firm preparing the site plan, (5) Property lines with dimensions to the nearest tenth of a foot, and total square footage or acreage of the site, (6) Total number and types of dwelling units proposed; proposed uses for all buildings; total floor area of each building; and any other information which may be necessary to determine the number of off.street parking and loading spaces required by the Iowa City Zoning Ordinance, Chapter 36 of the Code of OrdinanceS' of the City of Iowa City, Iowa, (71 Location and exterior dimensions of all existing and proposed structures or additions, including setback distance from property lines and distance between structures, (8) Location, grade, and dimension Qf all existing and proposed paved surfaces including parking and loading areas, entrance and exit drives. pedestrian welkways, bicycle storage areas, dividers, curbs, islands, and other similar permanent improvements, (9) Location of all existing and proposed outdoor recycling, trash, refuse and dumpster areas, and method(s) of screening such areas, . " 'I I " j ': 186;"- ~ ~ \1 , , , -, Ordinance No, Page 3 i, (10) Location and type of all existing and proposed signs, Proposed signs require a separate sign permit. (11) Location of the following shall be shown on the site plan: a, Existing trees eight inches or larger in diameter measured at a point six inches above the ground level. b, Streams, and other water bodies including wetlands, , c, Areas subject to flooding from a 100-year event. (12) Location, amount, and type of proposed landscaping, fences, walls, or other screening, (13) Location, type and height of all existing and proposed lighting on the property, (14) Location and specifications for any existing or proposed above or below ground storage facilities for any chemical, salts, flammable materials, or hazardous materials, (15) Other data and information as may be reasonably required by the Building Official. (b) Major Site Plan, Submittal information for major site plans shall include all the information contained in subsection (a) herein, plus the following information: (1) Existing and proposed contours at intervals not to exceed .five feet, provided that at least two contours shall be shown, Contours of neighboring properties must be provided when deemed necessary by the City, (2) When deemed necessary by the City, a compiete storm water runoff plan for the site, including grades and/or elevations of storm sewer systems, direction of surface flow, detention areas, outlet control structures and devices, and storm- water calculations, (3) Location and size of existing and proposed utilities, including water, sanitary sewer, storm sewer, gas, electrical, telephone, cable TV, plus all existing or ' proposed fire hydrants, (4) A typical cross-section of all proposed streets, alleys and parking areas showing roadway locations, type of curb and gutter, paving, and sidewalks to be installed, (5) The complete traffic circulation and parking plan, Sec, 27-40, DESIGN STANDARDS, All site plans submitted for City approval must comply with these design standards, These standards are the minimum standards necessary to safeguard the public health, safety, aesthetics, and general welfare of the City, and are necessary to fulfill the intent of the Zoning Ordinance, the Comprehensive Plan, and other specific community plans, These design standards inciude: (a) The design of the proposed development shall make adequate provision for surface and subsurface drainage to limit the rate of increased runoff of surface water to adjacent and downstream property, so that the proposed development will not substantially and materially increase the natural flow onto adjacent downstream property, (b) The design of the proposed development shall make adequate provision for connection to water, sanitary sewer, electrical, and other utility lines within the capacity limits of those utility lines, (cl The design of the proposed development shall make adequate provision for fire protection, and for building placement, acceptable location of flammable materials and other measures to ensure fire safety, /B/P). ._..__...______._."..______..4',~--.... _.__..."..__......"'._.........r .~....~ ~.~:""l' I , , , -, Ordinance No, Page 4 , : ' (d) The design of the proposed development shall comply with Public Works standards for erosion and sedimentation control to protect adjoining or surrounding property, The development plan shall relate to the topography and soils of the site to achieve the lowest potential for erosion, (e) So fer as practical, the landscape shall be preserved in its natural state by minimizing tree and soil removal, and by topographic modifications which result in maximum harmony with adjacent areas, Structures and other site improvements shall be located in such a manner that the maximum number of trees are preserved on the site, The development plan shall identify existing trees to be preserved and trees to be removed, and shall specify measures to be utilized to protect trees during construction, To the extent reasonably feasible, all wetlands shall be retained in their natural state or consistent with their functions and values or be replaced with a wetland of equal or greater value, (f) The design of vehicle and pedestrian circulation shall be provided for safe and convenient flow of vehicles and movement of pedestrians, and shall to the greatest extent reasonably possible prevent hazards to adjacent streets or property, The City may limit entrances and exits upon adjacent streets in order to prevent congestion on adjacent or surrounding streets, and in order to provide for safe and orderly vehicle movement, The City may limit street access by requiring that only cne driveway servo anyone lot. (g) Outdoor recycling, trash, refuse, and dumpster areas shall be in compliance with the City/s solid waste regulations and screened from adjacent property by a screen consisting of structural or plant material no less than six feet in height. (hI Exterior lighting shall relate to the scale and location of the development in order to maintain adequate security while preventing a nuisance or hardship to adjacent property or streets, Exterior lighting shall be located and directed away from adjacent properties in such a manner as to avoid glare outside the property lines, The source of the lights should be shielded or located so that the source is not visible from adjacent property, Except for lighting of loading areas and architectural emphasis, , flood lighting shall be avoided, (i) All ground level mechanical and utility equipment shall be screened from public view by landscape screening, or by an enclosure of material compatible with the principal structure, (j) All outdoor storage and loading/unloading service areas with delivery facilities, including bay doors or docks, which face or are visible from residential districts and the Iowa River shall be screened to a height of no less than six feet. (k) Any parking areas designed or intended for use by more than four vehicles located adjacent to any street shall be separated from such street by a curbed, planted area not less than five feet in width, (I) Site plans shall comply with all city, state, and federal regulations, Sec, 27-41, APPROVAL/DENIAL PROCESS, (a) The City shall review and approve, review and approve with conditions, or review and deny all site plans submitted under this ordinance within 20 working days after application without the requirement for submission of the plan to the Planning and Zoning Commission, except where the applicant, the Department of Housing and Inspection Services or those owners of 20% or more of the property located within 200 feet of the exterior boundaries of the proposed development site so request in If (p~ 'I I , , -, Ordinance No, Page 5 writing, When such a request is received, the Planning and Zoning Commission may review and approve, review and approve with conditions, or review and deny said plan, (bl Upon submission of a major site plan, the Building Official shall promptly convey a copy of the major site plan to Public Works and Planning for their review and comments, Planning, Public Works, and Housing Inspection Services shall review the site plan to determine if the design conforms to the standards set forth in this chapter, Planning and Public Works shall forward their recommendations to Housing Inspection Services within ten working days after date of submission of a major site plan to the City, (cl Upon site plan approval, a building permit may be issued, Sec, 27-42. EFFECTIVE PERIOD OF PLAN APPROVAL, The approval of any site plan shall remain valid for one year after the date of approval, The approved site plan shall be null and void if a building permit has not been issued within one year of the site plan approval or actual construction has not commenced within eighteen months of the site plan approval. "Actual construction" shall mean that the permanent placement of construction materials has started and is proceeding without undue delay, Sec, 27-4,3, AMENDMENTS TO APPROVED SITE PLANS, Any approved site plan may be amended in accordance with the standards and procedures established herein, However, the Building Official may waive such procedures and fees in the event the Building Official determines that the proposed amendment involves only a minor change in the approved site plan, Within the meaning of this section, minor changes may include, but are not limited to, the following: (1.) The change to move building walls within the confines of the smallest rectangle that would have enclosed each originally approved building, to relocate building entrances or exits, or to shorten building canopies, (2) A change to a more restrictive use, provided there is no change in the amount of off- street parking as originally approved, (3) A change in angle of parking or an aisle width, provided there is no reduction in the amount of off-street parking as originally approved, (4) A change in location of the ingress and egress drives of not more than 100 feet, provided such change is approved by the City, (5) A substitution of plant species, provided the substituted species is similar in nature and in screening effects, (6) A change in type and design of lighting fixture, provided there will be no change in the intensity of light at the property boundary, (7) A change to increase peripheral yards, (8) The replacement of paved areas with landscaping provided that adequate parking facilities are retained, Sec, 27-44, LAND CLEARING, No person shall undertake or carry out any such activity or use, including any building demolition, grading, clearing, cutting and filling, excavating or tree removal associated therewith for which site plan approval is first required by this ordinance, Nor shall such activity proceed prior to obtaining the necessary permits, including local, county, state, and federal permits, Any violation of this provision is subject to fines and penalties described in this ordinance for each day of the violation, from the day of discovery of the incident until an approved restoration plan or an approved site plan is granted, Ig~'J.. .,. " I -, Ordinance No, Page 6 Sec, 27-45, PERFORMANCE GUARANTEE, The purpose of the performance guarantee is to ensure completion of improvements connected with a propos8d use as required by this Chapter including, but not limited to, roadways, lighting, utilities, sidewalks, drainage, fences, screens, walls, and landscaping, (a) Performance guarantee shall mean a cash deposit, certified check, or irrevocable standby letter of credit in the amount of the estimated cost of the improvements, to be determined by the applicant and verified by the City, ' (b) Upon issuance of a building permit, the City may require a performance guarantee, (c) When a performance guarantee is required there shall also be provided a prescribed period of time within which improvements must be completed, (d) Where a performance guarantee was not required upon issuance of a building permit and the improvements cannot be completed prior to occupancy or commencement of use, the Building Official may issue a temporary Certificate of Occupancy and require the applicant to deposit a performance guarantee as set forth herein, (e) Upon satisfactory completion ofthe improvement for which the performance guarantee is required, as determined by the City, the City shall return the performance guarantee to the applicant. (f) In the event the applicant defaults in making the improvements for which the performance guarantee was required and within the time prescribed by the City, the City shall have a right, but not the obligation, to use the performance guarantee deposited, together with any interest earned thereon, to complete the improvements through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements, If the performance guarantee is not sufficient to allow the City to complete the improvements for which the guarantee was posted/the applicant shall be required to pay the City the amount by which the cost of completing the improvements exceeds the amount of the performance guarantee deposited, Should the City use the performance guarantee or a portion thereof to complete the required improvements, any amounts remaining after said completion shall be applied first to the City's administrative costs in completing the improvement, with any balance remaining being refunded to the applicant. At the time the performance guarantee is deposited, the applicant shall enter into a written agreement incorporating the provisions hereof with the City regarding the performance guarantee, Sec, 27-46, PENALTIES, Violations of this chapter are punishable as municipal infr'actions, as provided by state and local law, In addition, appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent unlawful construction or demolition, to recover damages, to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, These remedies shall be deemed cumulative in nature, and election of one remedy shall not preclude the City from pursuing other remedies, Secs, 27-47-27,71. RESERVED SECTION II. REPEALER, All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed, SECTION III. SEVERABILITY, If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from the unlawful provisions, shall be as if the ordinance contained no illegal or void provisions, SECTION IV, EFFECTIVE DATE, This Ordinance shall be in full force and effect after its final passage and publication, as provided by law, ' Passed and approved this day of , 1 992, /f(P:J.. .. .~_..__ _.,_,_rO' _....~...... "",.......-....""'...."....-- .""'!~-"'''ii..:.-....'......;<<I\...'ft\IIW.il,lIoO,'.w~.__ '"U'."~l!IIJHIo" ,...._,.......".~--.'''........._..-1i- _~_.I __ _ _..._ II'..-~_,__ I... II ___ ~. Ordinance No. Page 7 MAYOR ATTEST: CITY CLERK Approved by u .:t(J1--- City Attorney's Office '?f.>>s-/9:J... hllaclmnbitlp/II1.Ofd ~j!;U --_...__.._.._~._-- ~~~., :;_. ,----...----.. ----,~"" -- i /f(PJ.. ! ~_."~~..~I: "';'1 " .! '( . i , i , , i I I i I < , , I i I I i I , , , J , ,I.- I I I , ~. It was moved by and seconded by as read be adopted, and upon roll call there were: that the OrdInance AYES: NAYS: ABSENT: Ambrlsco Courtney Horowitz Kubby Larson McDonald Novick First Consideration Vote for passage: i I I " I I I I I i I , I' " I Second Consideration Vote for passage: Date published . "'1 " , ' ""--.j /~(P~; ~. , \" , ;1 \J' : {j " i , I ! i i I ! I I i I I City of Iowa City MEMORANDUM Date: June 25, 1992 To: Planning & Zoning Commissi From: Doug Boothroy, Director of Hou Re: Site Plan Review Ordinance The enclosed site plan review ordinance has been amended to reflect your comments from the June 15, 1992, Informal Planning and Zoning Commission meeting. In particular, the language in the performance guarantee section has been "cleaned up" concerning when a performance guarantee may be required. Staff recommends the Commission take action at their formal meeting of July 2, 1992, to recommend repeal of the large scale residential and non-residential development ordinances and in lieu thoro of the adoption of the new site plan review ordinance. ' b~litepIM.tVW /8 (Q~ , .-...-- ---- ~ _. -.-- oM' W .....- ~ ..-. ,~,..:; liIlII ....'1, i i I I -" City of Iowa City MEMORANDUM Date: May 29, 1992 To: Planning & Zoning Commission \ From: Doug Boothroy, Director, Housing Re: New Site Plan Review Ordinance Staff could not complete their review of the public omments and revise the site plan review ordinance in lime to be included in the Commission's meeting packet of materials, Therefore, a revised ordinance will be handed out at your informal meeting June 1, 1992. 1p4-5 , i i , I I ! I I ".~ ..~_.__._-_.- ...._~~ ----.-y.i A"'~~""""~ _ - /fftJ~ I ., , U. l ~ 'r. :~ :~ '; :1 . ~! ; ~ ~ ~ a 'I 1 , ~ ( , ! r I I , I I I I I I I i I I I I i -~. . ..1'1 ., : I' 'I.." :i i a :, 'I " 11 " " , ...., , , . , '-. City of Iowa City MEMORANDUM Date: April 9, 1992 ~ To: Planning & Zoning Commission \ I From: Doug Boothroy, Director, Housing &~ Re: New Site Plan Review Ordinance Attached to this memo Is a revised Site Plan Review Ordinance for your review. The proposed revisions reflect comments received from the public. Most of the revisions are minor, however, two changes affect the scope of the ordinance. 1. Revision of the threshold that triggers site plan review. [see page 2, 2(a)(b)). This revision triggers major site plan review for residential development over 12 units and non-residential development with over 10,000 square feet of floor area. This review threshold Is based on State standards for when building plans require certification by an architect or professional engineer. 2. Ellmlnallon of the design standard that requires development to be conslsfent or compatible with the visual character of the Immediate neighborhood [see page 5(e)). The subjectivity of this particular design standard raised concerns about how It could be fairly administered and enforced. I share those concerns and therefore recommend Its deletion from the ordinance. . ; I look forward to discussing this ordinance with you at your Informal meeting of April 13, 1992. Thank you for your time and consideration of this matter. bc4.1 /fftJ~ "~~'''..---''''''''-''''''''''-'''' '. I " . ' City of Iowa City MEMOR U Date: January 3, 1992 To: Planning & Zoning Commission From: Doug Booth roy, Director, Departmen Re: New Site Plan Review Ordinance . \ Attached to this memo is the new site plan review ordinance rich you requested. At your June 3, 1991, meeting, I discussed with you various concerns about developments or redevelopments that are bein9 designed to circumvent the City's large scale development and stormwater management regulations. We also discussed the lack of site plan design standards to ensure good design in development. The proposed ordinance addresses these concerns by: 1. Reducing the threshold that triggers site plan review. With the exception of single. family and duplex development, the site plan review ordinance includes all multi.family, commercial, and Industrial developments notwithstanding lot size or number of units, The ordinance establishes two levels of information to be submitted, depending on whether or not the development requires a minor or major site plan. The submittal requirements for a minor site plan are similar to those presently required for building permits, The requirements for major site plans are similar to those provided with large scale development plans. 2. Establishing specific design standards. The proposed design standards reference existing code requirements and establish new design standards (e.g. preservation of trees, screening of mechanical equipment, dumpster setbacks, etc.). Site design standards apply equally to both minor and major site plans, Design standards are intended to provide assurance as to how a development will be laid out, what the physical design of the site will be, and the development's relationship to pUblic roads, utiliiies, other services, and to adjoining land uses. the character and livability of our community is directly related to the application of good design standards in new developments. ~ " 3. Changing the review process to be primarily administrative Ii.e, eliminating LSRD and LSNRD process). The approval/denial process of a site plan is with the staff unless the applicant requests Commission review or appeals a decision by staff to the Commission. Changing the large scale development process from a legislative procedure to administrative procedure will streamline processing time for large scale developments, The adoption of this proposed site plan review ordinance will reduce time for approval of large scale developments while ensuring that all muiti.family, commercial, and industrial develop, ment/redevelopments are consistent with ordinance standards; are compatible with adjoining uses; and are well designed and an asset to the community, Thank you for your consideration of this matter. Attachment bjlplanrovw Igto~ ~.._~.~_.-.H.'__... _...~--- III "---...-'-.di -. r. ""',. lr~" ~. City of Iowa City MEMORANDUM Date: May 29, 1991 To: Planning and Zoning Commission Monica Moen, Senior Planner ~ From: Re: Large Scale Developments Doug Boothroy, Director of the Iowa City Department of Housing and Inspection Services (HIS), will be present at your informal meeting on Monday, June 3, 1991, to discuss his department's role in reviewing site plans for proposed large scale developments and in issuing building permits for those projects, As you know, the Commission only reviews large scale developments that meet minimum size thresholds. For example, a largo scale non.residential development (LSNRD) must be greater than two acres in area before it is reviewed by the Commission. Similarly, a large scale residential development ILSRD) must either be greater than two acres in area or consist of a residential building or buildings containing 30 or more dwelling units. In the case of a dormitory, the structure must accommodate a minimum of 60 persons. "Large scale developments" that fall below these thresholds are reviewed administratively by HIS for technical compliance with applicable regulations. Doug will describe his department's role in this process with you on Monday evening. If you have any questions or wish additional information, please do not hesitate to call me at 356-5243, bjldovols If(P~ , "1 1 ,I ; , . ~ ;" i \ " ~, ~, NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p:m. on the , st day of September, 1992, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider the following items: " An ordinance amending Chapter 27 of the Code of Ordinances of Iowa City, Iowa, by repealing the Large Scale Residential and Non.Residential Oevelopment reguiations and replacing them with the new Site Plan Review Ordinance. 2. An ordinance amending Chapter 36, entitled 'Zoning Ordinance" of the Code of Ordinances of Iowa City, Iowa, by adopting sign regulations for the CB'5, Central 0Business Support Zone, 3, An ordinance amending the Zoning Ordinance by amending Section 36.76, Performance Requirements, to establish new particulate matter emission requirements. Copies of the proposed Ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above. mentioned time and place, MARIAN K. KARR CITY CLERK \ccHnph /SC,3 i ""1 , , I i I I I , I I I i 1 , , I . ! i J i ~ i i I I I i " -, 1 I "-j.., .. '1 I , City of Iowa City MEMORANDUM Date: August 13, 1992 To: Planning and Zoning Commission From: David Schoon, Economic Development CoordlnatorY'?- Re: Particulate Emission Regulations of lhe Zoning Ordinance Performance Require- ments, Section 36-76. As a result of the City Council's discussion regarding the Zoning Ordinance amendment to the General Industrial Zone, the City Council directed staff to prepare an amendment to the particulate emission regulations section of the Zoning Ordinance Performance Requirements. The proposed amendment would uniformly apply the same requirements to ail land uses, not only grain milling operations (see attached). The proposed amendment would also ensure that the most restrictive air qualily regulations would remain In ellectln tho event the Iowa Department of Natural Resources (DNR) would lower Its standards. If DNR regulations become less restrictive, the City will then need to assume the responsibility of enforcing the previous more restrictive DNR regulations. Therefore, not only would an operation have to submit documentation demonstrating that the "Application and Permit to Install or Alter Equipment or Conlrol Equipment" has been approved by the DNR, but that the operation would also have to demonstrate to the City that It Is In compilance with the more restrictive regulations. STAFF RECOMMENDATION Staff recommends that the proposed amendment to the General Industrial Zone (1.1) to estabilsh new particulate matter emission requlremenls be approved. ATTACHMENTS 1. Proposed Amendment 2. Zoning Ordinance Performance Requirements, Sections 36.76(b). Approved by: Kari Franklin, Director Department of Planning and Community Development bromlsslon jYfo3 JMlA~~~''''''''"___'__''_'''''''_'''''''''''' '-, ..... . -~.._.;._--...-._"''''..... ..ii~~'_ft' -" Section 36-76(b) of the Code of Ordinances shall be amended by deleting said Section, and inserting in lieu thereof the following: Section 36-76(bl; Requirements (bl Particulate matter. No person shall operate, or cause to be operated, any process which emits particulate air contaminants exceeding the air quality standards of the Iowa Department of Natural Resources (DNRI. (1) Prior to the City issuing a certificate of occupancy, an applicant must submit to the Building Official documentation of the DNR's approval of the applicant's "Application and Permit to Install or Alter Equipment or Control Equipment," if such a permit is required under the applicable DNR standards. (21 In the event the DNR lowers its air quality standards. the DNR standards In effect on September 1, 1992, shall remain applica- ble. Under these circumstances. prior to the City issuing a building permit, an applicant must submit to the Building Official documentation from a licensed engineer demonstrating that the use complies with the September 1, 1992, 'DNR standards. (3) In the event the DNR raises its air quality standards, the new DNR standards shall apply and the applicant must comply with the requirements of subsection (1 I. IcodIV\36.76b,1md .. 'i , 1 , ' Iff, 3 '" ~ DIVISION 3. PERFORMANCE REQUIREMENTS Sec. 36-75. General. . ' (a) New uses. Any use established in the commercial or industrial zones after the effective date of this Chapter shall comply with the minimum performance standards contained In this Division. (b) ExislinQ uses. Existing commercial and Industrial uses which are not in compliance with the performance standards contained In this Division are exempt except where a use did not comply with performance standards In effect prior to the adoption of this Chapter (see Sec. 36.79(b)). Conditions which do not comply shall not be increased In scope or magnitude. Such uses shall be permitted to be enlarged or altered provided that the addition or change conforms with the applicable performance standards. (c) Certification. When necessary, the Building Official may require of the applicant certification by a registered professional engineer or other qualified person, at the expense of the applicant, that the performance standards for a proposed use can be met. Sec. 36-76. Requiremenls. (a) Smoke. The emission of smoke from any operation or activity shali not exceed a density or equivalent opacity permitted below. For the purpose of grading the density or equivalent opacity of smoke, lhe Ringelmann Chart as published by the United States Bureau of Mines shall be used. (1) In all C zones, and in the ORP and RDP Zones, the emission beyond lot lines of smoke darker In shade than Ringelmann No.1 from any chimney, stack, vent, opening, or combustion process Is prohibited. (2) In the I zones, the emission of smoke darker in shade than Ringelmann No, 2 from any chimney, stack, vent, opening, or combustion process beyond zone boundary lines Is prohibited except that the emission of smoke of a shade not to exceed Ringelmann No.3 is permitted for not more than three (3) minutes total in anyone eight (8) hour period when starting or cleaning a fire. (b) Particulate matter, No person shall operate or cause to be operated any process of furnace or combustion device for the burning of coal, or other natural or synthetic fuels without using approved equipment, methods or devices to reduce the quantity of gas borne or airborne solids or fumes emitted into the open air exceeding a rate permitted below at , the temperature of 500 degrees Fahrenheit. For lhe purpose of determining the adequacy of such devices, these conditions shall apply when the percentage of excess air in the stack does not exceed 50 percent at full load. The foregoing requirement shall be measured by the AS.M.E, Test Code for dust. separating apparatus, All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission Into the open air is concerned. .__..m'............___..._~,I>l1_....._-- --_...........,~--.-;..-"""" ........~-"....... I , I , '.-' '. -." 183 116:;3 .. -...."" ~--~---- - ------ " I , , ~, (e) Odor. The emission of offensive odorous mailer from any operation or aclivity shall not exceed the odor threshold concentration defined in the American Society for Testing and Materials Melhod 01391-57 "Standard Method for Measurement of Odor in Atmospher~ (Dilulion Method)" as lhe level which will just evoke a response in the human olfactory syslem when measured as set forth below. (1) In alllD and C zones, and in the ORP and RDP Zones, when measured beyond lot lines at ground level or habitable elevation, odorous mailer shall not exceed the odor threshold concentration. (2) In the.' zone, odorous matter shall not exceed the odor threshold concenlrailon beyond zone boundary lines at ground level or habitable elevation. m Vibration, Earthborrie vibrations from any operation or activity shall not exceed the displacement values below. Vibration displacement shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum vector resultanl shall be less than lhe vibration displacement permitted. 184 /f~3' - ~, 3~' NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.rn, on the 1 st day of September, 1992, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider the fOllowing items: 1. An ordinance amending Chapter 27 of the Code of Ordinances of Iowa City, Iowa, by repealing the Large Scale Residential and Non'Residential Development ' regulations and replacing them with the new Site Plan O Review Ordinance. . 2, An ordinance amending Chapter 36, entitled 'Zoning Ordinance' of the Code of Ordinances of Iowa City, Iowa, by adopting sign regulations for the CB,S, Central Business Support Zone. 3. An ordinance amending the Zoning Ordinance by amending Section 36.76, Performance Requirements, to establish new particulate matter emission requirements, Copies of the proposed Ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons Wishing to make their views known for Council consideration are encouraged to appear at the above. mentioned time and place, MARIAN K. KARR CITY CLERK \c:c9.1,~ Ii I f(C,5 Ii .........- -"'-'I"'_-'~""_~"" ; i I ii " " 'i " Ii 'I :j , I ; , ; ; , ;i Ii <I '1 , , I I, -, .. fl./ ", City of Iowa City MEMORANDUM Date: August 6, 1992 To: Planning & Zoning Commission From: Robert Miklo, Associate Planner Re: Sign Regulations for PRM and CB-5 Zones and Accessory Uses for the PRM Zone. At the time of adoption of the PRM, Pianned High Density Multi-Family Residential Zone, and the CB-5, Central Business Support Zone, the City did not specify sign regulations for these two new zones. Staff proposes that the sign regulations which apply to the other multi-family zones be adopted for the PRM zone, and that the sign regulations that apply to the CB-l0, Central Business Zone, be adopted for the CB-5 zone. The sign regulations are on pages 144 to 168 of the Zoning Ordinance. The sections which are proposed for the PRM and CB-5 zones are attached for your review. Staff also proposes that Section 36.56(c) be amended to apply the accessory use regulations, which apply to the other multi-family residential zones, to the PRM zone. The accessory use regulations are on pages 118-121 ofthe Zoning Ordinance. The proposed amendment follows the attached sign regulations, b~liQnregl I fro! ...--....~.... ~~ ~~~~~_..- 1_ Ono 0___- _....... ----""'-- TVI"- """',,' , "'1 I , ' ..... ! , j , , , >'j i I I I ! . ":'1 I ;-1 '" PROPOSED CB-5 SIGN REGULATIONS Sec. 36-62(c). (5) B~lgll[g: CB-l 0 zone regulations. a. Permitted signs. 1, Signage for residential uses shall comply with the sign requirements for residential uses in the RM zones (Sec. 36.62(c)(1Ic), 2. Facia signs. 3. Canopy signs. 4. Awning signs. I 6. One monument sign identifying not more than four (41 business names. 5. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument sign shall be permitted. The area of such sign shall not exceed a total of 24 square feet or 12 square feet per sign face. 2, Barber pole signs, provided they do not exceed three (3) feet in length and nine (9) inches in diameter. 3. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per sign face, do not project more than six (6) feet into the public right-of-way, and are not less than ten (10) feet above grade. c. Dimensionai requirements, 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of tha sign wali on which the sign is located. 2. Individual signage allowances, a. Sian: Facia. Maximum Area: Fifteen percent (15%) of the sign wall area. Maximum Heiaht: None, 11'-6 ' ____......--._...~,..,,...~...'...,.'-r II!!!l:iii ~. b. Sian: Canopy. Maximum Area: 12 square feet. Maximum Helaht: Top of first story. c. Sian: Awning. Maximum Area: 25% of the surface of the awning. Maximum Heioht: Top of first story. d, Sign: Window, Maximum Area: 25% of the area of the window. Maximum Heiaht: None. e. Sign. Monument. Maximum Area and Heioht. The maximum sign area (no sign face may exceed one-hall the maximum allowable area) and height above grade shall not exceed the areas and heights shown below, based upon the distance between the closest part of the sign and the closest property/right-of-way line: Distance Between Sign Location and Property/Right-of- Wav Line Maximum Allowable Area Maximum Height Above Grade 0" - 9'11" 10' -14'11" 15' -19'11" 20'.24'11" 25' - 29'11" 30' - 34'11" 35' - 39'11" 40' - 44'11" 45' and above 48 sq. ft. 51 sq. ft, 54 sq. ft. 57 sq. ft. 60 sq. ft, 63 sq. ft. 66 sq. ft. 69 sq. ft, 72 sq, ft. 5 ft. 6 ft. 7 ft. 8 ft. 8 ft. 8 ft. 8 ft. 8 ft. 8 ft. Sec. 36-62(a)(2) j. Off-premises signs, 1. Off-premises signs shall not be permitted in residentiai, COol, CN-l, bels'1 :;;;"N'':'.>>"", CB.l0, ORP and RDP zones, In the CB-2 zone, only off-premises facia signs shall be allowed. Off-premises signs may be biliboard signs or any other type of sign allowed in the zone in which the sign is located. ! i , : i 1 < I ,.; ~, PROPOSED PRM SIGN REGULATIONS Sec. 36.62. Ic) Sions oermitted bv zone. 11) ID, Rand OPDH zone regulations. a. Permitted signs. 1. Principal uses other than single family dwellings and duplexes shall be permitted one identification facia, awning or monument sign. (Ord. 91-3511, 11-12-91) 2. Non-residential uses in the ID.ORP zone, other than ORP uses, and in the ID-RDP zone, other than RDP uses, shall be required to comply with the sign regulations of the CO.l and CN-l zones, 3. Residential uses in the OPDH zone shall be permitted signage in accordance with the requirements of the underlying zone, Com. mercial uses approved as part of a planned development shall comply with the sign age requirements of the CO-l and CN-l zones. 4. ORP uses In an ID-ORP zone shall be permitted signage in accordance with the requirements of the ORP zone. 5. RDP uses in an ID-RDP zone shall be permitted signage in accordance with the requirements of the RDP zone. b. Provisional signs. 1. Home occupations allowed in accordance with Section 36-56Ib)(4) shall be permitted one (1) non-illuminated facia sign not to exceed one (1) square foot. c. Dimensional requirements. 1. Sian: Facia (in ID-RS, RR-l, RS-5, RS.8, RMH and RS-12). Maximum Area: 4 sq. ft. Maximum Heiaht: Top of first story. 2. .sign: Facia (in ID-RM, RM-12, RM.20, RNC-20, RM-44, RM-145 and rJL&l zones). Maximum Area: 12 sq. ft. Maximum Heiaht: Top of first story, /gf05 _ --"'7P~l't\~t1~ ~""lT...."'/_. ill .,,-,",.._.~~...-.~.'-' ....... .... I"'l~ U T -Iliii..-..-.....-..---... "1 1 , ! 1,1 .. 'I " ': ~, , 3. Sion: Monument (in ID-RS, RR-l, RS-5, RS-8, RMH and RS.12).. Maximum Area: 24 sq. ft., or 12 sq, ft. per sign face. Maximum Heioht: Five (5) feet. '. 4. Sion: Monument (in ID.RM, RM-12, RM-20, RNC-20, RM-44, RM-145 and gaM zones). Maximum Area: 48 sq. ft., or 24 sq. ft. per sign face. Maximum Heioht: Five (5) feet. 5. Sion: Awning (in ID-RM, RM-12, RM-20, RNC-20, RM-44, RM- 145 and 86M zones). Maximum Area: 25% of the surface of the awning or 12 sq. ft., whichever is less. Maximum Heioht: Top of first story. (Ord. 91-3511, 11-12-91) ; [ f i , I , ! i I , I , , i ! i I f(,$ ....~..._'..'..-..r__.I1I!1' ft R_'3iIl,j 1!1 I I , I ~, PROPOSED ACCESSORY USE AMENDMENT Sec. 36.56. (c) In the RM-12, RS-12, RNC-20, RM-20, RM-44, RM-145 ~Il~feJ{M Zones. In addition to the accessory uses included in subsection Ib), storage buildings and off-street loading shall be permitted. 2 " t; I; :1 . , 'J ;~ , I I I t I , 18~$.! I 1 , , ~. );;/ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, ENTITLED "ZONING" BY ADOPTING SIGN REGULATIONS FOR THE CENTRAL BUSINESS SUPPORT ZONE (CB.5). I, WHEREAS, Ihe City has adopled Ihe Central Business Support zone (CB-51: and WHEREAS, n is necessary to adopt sign regulallons to conlrol the size and locations of signs wnhln Ihe CB.5 zone; and WHEREAS, the CB-5 zone Is inlended to develop In a manner similar to the Cenlral Business zone (CB.l0); and WHEREAS, the CIIy has determined thai the sign regulallons applicable In CB-10 zone are also approprlale for Ihe CB-5 zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Chapler 36, Article III enlnled 'Accessory Uses and Requirements,' Section 36,62 enlnled 'Permitted Signs' of the Code of Ordinances of the City of Iowa City, Iowa, be and Ihe same Is hereby amended by repealing subsecllon (a)(2)O)(1) and addlnglherelo anew subsecllon (a)(2)Ul(1) to read as follows: I. Off.premlses signs, . 1. Off-premises signs shall not be permnted In resJdenllal, CO.l, CN,1, CB-5, CB,10, ORP and RDP zones. In the CB.2 zone, only, off-premises facia signs shall be allowed. Off-premises signs may be billboard signs or any other type of sign allowed in the zone In which Ihe s~n Is located, 2, Chapler 36, Article III, Section 36-62 of the Code of Ordlnencas of the City of Iowa City, Iowa, be and Ihe same Is hereby amended by repealing subsection (C)(5) and adding therelo a new subsection (c)(5) to read as followe: (5) CB.5 and CB.10 zone regulallons, a. Perm~ted signs. 1. Slgnage for residential uses shall comply wllh the sign requlremenls for resldenllal uses In the RM zones (Sec, 36'62(c)(1 )c). 2, Facia signs. 3, Canopy signs, 4. Awning signs, 5, Window signs. 6. One monumenl sign Idenllfylng nol more than four (4) business names. b, Provisional signs. 1. When two (2) or more uses are localed on a lot, a common monument sign shall be permitted, The area of such sign shall nol exceed a lolal of 24 square feet or 12 square feel per sign face, 2, Barber pola signs, provided they do nol DXCeed three (3) feet In length and nine (9jlnches In dlameler, 3. Time and lemperalure signs which do not exceed 50 square feel In area or 25 square feet per sign face, do nol project ',,' I If{fJS ' Ordinance No. Paga 2 i mora than six (6) faet Into tho public rlght-of,way, and are not less than ten (10) feet above grado, c, Dimensional requirements. 1. Usas In this zone shall ba allowad a maximum building sign area par sign wall equal to 15% of tho sign wall on which the sign is located. 2. Individual slgnage allowancas. . a. Sicn: Facia. Maximum Area: Fnteen percent (15%) ot the sign wal/ area, Maximum Helcht: None. b. Slcn: Canopy. Maximum Area: 12 square faet. Maximum Helcht: Top of first story. c. Sicn: Awning, Maximum Area: 25% of the surtace of the awning. Maximum Helcht: Top of first story. d. Sicn: Window. Maximum Area: 25% ot the area of the window. Maximum Heicht: None. e. Sicn, Monument. Maximum Area and Helcht. The maximum sign area (no sign face may excaed one.ha~ the maximum allowable area) and height above grade shall not exceed the areas and heights shown below, based upon tho distance between the closast part of the sign and the closest property/rlght.of-way line: Distance Bolween Sign Location and Propet1ylRlght.ot. Maximum Way Une Allowable Aree Ma~mum Height Above Gmde 0', 9'tt' 4a sq. IL 51L to' . t4'I1' 5t sq. IL 5 IL 15' , 19'1 t' 54 sq. IL 71L 20"24'lt' 57sq,1L aIL 25"29'tl' 50sq.1L aIL 30' , 34'11' 53 sq, IL a IL 35' - 39'11' 66 sq.1L a ft. 40' , 44'tl' 69sq.1L aIL 45' and above 72 sq. IL a IL SECTION 1/. REPEALER, All ordinances and parts of ordinances In conl/lct with Ihe provisions of this Ordinance are hereby ropealed, SECTION III. SEVERABILITY. 1/ any ot the provisions of Ihls Ordinance are for any raason daclared Illegal or void, then the lawful provisions of this Ordlnanca, which ara severable from Ihe unlawful provisions, shall be as ~ the Ordinance contained no Illegal or void provisions. SECTION IV, EFFECTIVE DATE. This Ordinance shall be in full force and eflect trom and afler lis final passage and publication as provided by law, , 'I 1 , ." I IY'5 ---.. .--~_....--- . ...-..--- _.:....-_IIJ..........-. -......-....-... " ~, Ordinance No. Page 3 SECTION IV. EFFECTIVE DATE. This Ordinance shall be In full force and effect (rom and after lis final passage and publication as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK Approved by ; i I I I I ! i I I I j I I I ! 'flh.I,-2.L", Clly Atlomey's Office J-;;< {, Ie." '." <...:L- J <>-/:1.I'I7,l pjliIa""lin.~....gs,ord It'S '.. it was moved by and seconded by as read be adopted, and upon roll call1here were: that the Ordinance AYES: NAYS: ABSENT: Ambrlsco Courtney Horowitz Kubby . Larson . McDonald Novick First Consideration Vote for passage: i: , I I , I I ; Second Consideration Vote for passage: i Date published liftS ' "-:-'1 , , I ~, ~, ~I NOTICE OF PUBLIC HEARING Notice is hereby given that Ihe Chy Council of Iowa City wlli hold a public hearing on Ihe 1st day of September, 1992, at 7:30 p,m. in the Council Chambers of Ihe City of Iowa City, 410 E. Washington Slreel, Iowa City, Iowa, regarding Ihe intent 10 convey the City,owned property at 451 Rundell 51reel. The City advertised the property for sale for low-income homobuyers, and upon review of the applicallons and mortgage approval by the lender, the property wlli be sold 10 a qualified buyer for $72,000, ~ If73 i .. -, .... ~,., ""'-.' ..~. ,~.t " I.' '.', ! i I I