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HomeMy WebLinkAbout2007-04-16 Ordinance , 04-16-07 6b by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 ORDINANCE NO. AN ORDINANC REZONING APPROXIMATELY 5.75 ACRES OF P ALONG A POR N OF SOUTH GOVERNOR AND BOWER NEIGHBORHOOD S BILIZATION RESIDENTIAL (RNS-12) ZONE SINGLE FAMILY (RS-S) ONE. (REZ07-00002) PERTY LOCATED STREETS FROM MEDIUM DENSITY WHEREAS, the applicants, M ha Greer and Suzanne Bentler, have r quested a rezoning of properties located along South Governor Street d adjacent property along Bowery treet; and WHEREAS, the property is current zoned Neighborhood Stabilizar n Residential; and WHEREAS, the predominant land us in the proposed area is sin e-family; and WHEREAS, the owners of all duplexe in the area, which woul be made non-conforming in the RS-8, are in support of the rezoning; and WHEREAS, there will be no change in s tus for the thre multi-family uses in the area, which are already considered non-conforming in the RNS-1 zone; and WHEREAS, the proposed RS-8 rezoning woul reduce th number of non-conforming lots due to special bonus density provisions in the RS-8 zone; and WHEREAS, the Comprehensive Plan includes go s t preserve the integrity of existing neighborhoods and the historic nature of older neighborhood and to baia e housing types within older parts of the City; and NOW, THEREFORE, BE IT ORDAINED BY THE TY COUNCIL OF THE CITY OF IOWA CITY, IOWA: I SECTION I APPROVAL. The property describe below' hereby reclassified from its current zoning ciassification of Neighborhood Stabilization Residetl (RNS-12 to Medium Density Single Family (RS-8). Lots 4-10, Berryhill's 2nd addition, block 2 / \\ AND Lots 11-S Yo Lot 17 Berryhill's 2nd additio ,block 1 \ AND \ Strohm's addition: Lot 21, Block 1 & ommencing NE Corner of Lot 2\Thence W150', 1It12' E 15Q':,and ~~~' to Beginning '\ '~c _J Jerome's Addition: N 110' of Lo , Lot I, and E 30' of Lot J \ ~D \ Jerome's Addition: E 4' of L 0 - Lot R AND Jerome's Addition: Lot T w 41 Yo ' of lot W \ 'E3 SECTION II. ZONING AP. The building official is hereby authorized and directed tochanifthe zonfri?J map of the City of Iowa ity, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordina ce as approved by law. " SECTION III. CE IFICATION AND RECORDING. The City Clerk is hereby authorized'~nd directed to certify a copy of this rdinance, and record the same in the Office of the County Recorder, Jol'\()son County, Iowa, at the Own's expense, upon the final passage, approval and publication of this oi'dinance, as provided by law. '. SECTION I . REPEALER. All ordinances and parts of ordinances in conflict with the provisiohs of this Ordinance are ereby repealed.\.. SECTIO V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or u onstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, p vision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its finai passage, approval and publication, as provided by law. .Ordinance No, Page 2 Passed and approved this _ day of MAYOR " -", "'. . ATTEST:. CITY CLERK -----_.._-------~_..._...~~.,-_._,.__...._-_.._---_._--~- ,-, ,20_, / , , , _c:- C.;1 City of Iowa City MEMORANDUM =-.._u Date: March 15, 2007 To: Planning and Zoning Commission From: Sarah Walz, Associate Planner RE: REZ07-OO002 South Governor Street Consideration of the S. Governor Street rezoning proposal was deferred from the March 1 meeting. Some Commissioners had questions about the implications of this rezoning and the potential for further duplex conversions. While the Planning Department has not studied duplex conversions on this block of South Governor Street, a July 2006 study was conducted for other areas in the Central Planning District", including the RNS-12 zones on Fairchild Street, Jefferson and Market Streets, Church Street, and Davenport Street. These areas are comparable to S. Governor in that they are all RNS-12 zones in close proximity to downtown and the University of Iowa campus. These neighborhoods are also similar to South Governor in the character of housing-n1ostly older single family homes or homes that have been converted to duplexes and multifamily units with some more modern multi-family structures interspersed. The neighborhoods in the study were re-zoned from Low-density multi-family (RM-12) to Neighborhood Residential Conservation (RNC- 12) -now called RNS-12 -sometime between 1993 and 1995. The changes that have occurred since these areas were re-zoned to RNS-12 show an increase in percentage of single-family rentals (+ 5% or + 18 units) and duplexes (+ 2% or + 8 units) and a reduction in percentage of single-family owner-occupied units (- 3% or -13 units). The results indicate that while the RNS-12 zone has served its purpose in maintaining single family character by reducing opportunities for multi-family development (a 3% drop in multi-family or -12 units), that the rental market continues to affect these neighborhoods and duplex conversions are a part of this trend. The study also shows that from 2001 to 2006 in the South Dodge Street, a nearby area that is zoned RM-12, saw its percentage of single-family owner-occupied decline by 6% (-4 units), while the percentage of single-family rentals rose 6% (+ 2 units) and duplexes were up 12% (+ 3 units). This indicates that duplexes are a trend in this area. If the Commission agrees with the goal of the applicants to preserve single-family character of the neighborhood, the RS-8 zone provides an effective tool for reducing single-family home conversion to duplexes. As of this date the Commission has received no further correspondence regarding the proposed zoning change. I have been in contact with Mr. Sandersfeld, the owner of 416 S. Governor Street, to discuss the RS-8 rezoning and he has indicated that while he has no plans to convert his property to a duplex, he remains opposed to the zoning change. Staff believes that if the goal is to preserve the single-family character of the neighborhood, that this property should be included in the rezoning. " I have attached a map showing the land use analyses for the areas included in the above cited study. ,-_._-"--~--,------'----'-----------'------'-"--'--'-'---_._~~. STAFF REPORT To: Planning & Zoning Commission Prepared by: Sarah Walz Item: REZ07-00002 S. Governor Date: March 1, 2007 GENERAL INFORMATION: Applicant: Martha Greer 530 S. Governor Suzanne Bentler 520 S. Governor Contact: Martha Greer, 319-338-9362 Requested Action: Rezoning from RNS-12 to RS-8 Purpose: Rezoning of a portion of S. Governor Street from RNS-12 to' RS-8. Location: Both Sides of S. Governor Street south of 419 and 412 S. Governor and the adjacent portions of Bowery Street, including 817-922 Bowery Street. Size: Approximately 5.75 acres Existing Land Use and Zoning: Residential (RNS-12) North: Residential (RNS-20) South: Residential (RNS-8) East: Residential (RS-5) West: Residential (RNS-12) Surrounding Land Use and Zoning: Comprehensive Plan: Residential File Date: January 27, 2007 45 Day Limitation Period: March 12, 2007 BACKGROUND INFORMATION: A number of property owners are seeking to rezone an area along both sides of S. Governor Street, south of 412 and 416 S. Governor and up to and including adjacent properties on Bowery Street, from Neighborhood Residential Stabilization (RNS-12) to Medium Density Single Family Residential (RS-8). This area was previously part of the 2000 rezoning from RM-12 to RNS-12 (formerly RNC-12 under the old code), which included properties along S. Lucas and S. Governor Streets. Since that rezoning a number of properties in the area have been converted to single-family uses. Based on 2 the attached petition, the applicants for this rezoning have the support of a majority of the property owners in the area proposed for rezoning. The applicants are seeking to rezone this area in part to preserve the current balance of rental and owner-occupied housing by ensuring that additional duplex conversions do not take place. The applicants view the rezoning as a more appropriate progression from the RS-5 zone on Summit Street to the RNS-12 on Lucas Street. Most of the area south of Bowery, between Lucas and Summit is zoned RS-8 in 2000. The applicants cite that RS-8 zone as an important factor in stabilizing the neighborhood by drawing more owner-occupants of houses and encouraging more rehabilitation of existing houses south of Bowery (examples including 625, 647, and 652 S. Governor). . ANALYSIS: The purpose of the RNS-12 zone is "to stabilize certain existing residential neighborhoods by preserving the predominantly single-family residential character of these neighborhoods. Provisions in this zone prevent the conversion or redevelopment of single-family uses to multi- family uses. However, existing conforming multi-family uses retain their conforming status when rezoned to RNS-12." In addition to allowing single-family houses, the RNS-12 zone allows duplexes. As stated in the zoning ordinance, "The intent of the RS-8 zone is primarily to provide for the development of small lot single-family dwellings. The regulations are intended to create, maintain and promote livable neighborhoods. The regulations allow some flexibility of dwelling types to provide housing opportunities for a variety of household types. Special attention should be given to site design to ensure the development of quality neighborhoods." While the RNS-12 and RS-8 zones are very similar in that they are intended to be single-family in character, the RS-8 zone has more restrictive standards with regard to two-family and multi-family uses (see Table 1 below). While both zones allow two-family uses (duplexes) as provisional uses, the RS-8 zone allows duplexes only on corner lots with a minimum lot width of 70 feet and a lot area of 8,700 square feet. In the RNS-12 zone duplexes are allowed on interior lots that are just 45 feet wide and with a lot area of 6,000 square fee (see Table 2 below)!. Attached single family dwellings and zero-lot line dwellings are allowed as provisional uses in RS-8 zones on corner lots, but the RNS-12 zone has no such provisions. Accessory apartments are allowed on owner- occupied, single-family properties in the RS-8, but are not allowed in the RNS'-12. Both zones allow by special exception, daycare centers, education facilities, and religious/private group assembly uses. Table 1. Residential land uses allowed in the RNS-12 and RS-8 zones Uses RNS-12 RS-8 Detached Single Family Yes Yes Attached Sinnle FamilY No On corner lots only (PR\ Detached Zero lot line No On corner lots only (PR\ Duolexes Yes On corner lots only IPR\ Grouo Households Yes Yes Accessorv Anartments No On owner-occuoied sinnle-familv lots Multi-familv No' No -At the time property is rezoned to RNS-12, any uses that were conforming with regard to use and minimum lot area per unit requirements under the previous zoning designation shall be considered conforming with regard to use and minimum lot area per unit 3 requirements under the RNS-12 zone. In this rezoning, none of the existing multi-family properties are conforming in the RNS-12 and none would be conforming in the RS-8 zone. Table 2. Dimensional Requirements for Duplexes in the RNS-12 and RS-8 Zone Lot size Area/Unit Lot width Drovisions RS-8 8,700 4,350 70 corner lots onlv RNS-12 6,000 3,000 45 none With any rezoning, it is important to consider the number and types of nonconformities that would be created. If a rezoning would create a large number or proportion of non-conformities, it may be difficult to achieve compliance with the new zoning designation and may prevent property owners of nonconforming uses from expanding their buildings or uses. Thirty (30) properties are included in the area proposed for rezoning. Of these, twenty-four (24) are currently single-family units (15 owner-occupied and 9 rentals). According to the City's rental permit system, four (4) properties have duplex permits 1 and three (3) have multi-family permits. All of the existing duplexes within the area are located on interior lots and would therefore become nonconforming uses in the RS-8 zone. The nonconforming status for the properties would not prevent them from continuing to operate as they currently are (including occupancy numbers), but would preclude enlargement of the use and, in the case of destruction or damage to the ex1ent of more than 75% of the assessed value of the structure, would prevent reconstruction of the nonconforming use. The property at 520 S. Governor belongs to one of the applicants, has already been converted to a single family unit and will allow its duplex permit to lapse, but will retain its right to rent an apartment attached to the garage. All of the property owners of the existing duplexes have indicated their support for the rezoning. Three properties within the area proposed for rezoning have multi-family rental permits. None of these properties were conforming at the time the area was rezoned to RNS-12 (due to the minimum lot area requirements per dwelling unit). The proposed RS-8 rezoning would not change their status nor their right to continue operating as a multi-family use. As the charts below suggest, the area proposed for rezoning is predominantly single-family in character, with a balance of rental to owner-occupied housing at 53% to 47% respectively. This would seem to allow for a variety of affordable housing (rental and owner-occupied), while preserving the single-family character. I\futti-famly 10% Land use by lot 1 The property at 520 S. Governor, which belongs to one of the applicants, currently has a duplex permit. The property is in the process of being renovated to a single-family use and will allow its permit to lapse. This property is counted in the above paragraph as one of the 23 single-family units. 4 Under the current zoning code adopted in December 2006, both the RNS-12 and the RS-8 zone have the same occupancy standard, allowing a maximum of three (3) unrelated persons per dwelling unit. Eleven of the rental properties in the area proposed for rezoning have one or more units with a maximum occupancy of four (4) unrelated people, which was the occupancy limit allowed under the previous zoning code. All eleven properties currently have nonconforming residential occupancies in the RNS-12 zone. These properties would continue operating with their same nonconforming status in the RS-8 zone, retaining their legal nonconforming rights with regard to occupancy. The code provides that if any rental permit for such a property is "discontinued, abandoned, revoked, or cancelled" that dwelling unit must come into compliance with the current occupancy standards. Any properties that do not currently have rental permits will be subject to the new maximum of three unrelated persons under both the RNS-12 and the RS-8. Further, if any of these properties change their use-for example from a duplex to single family use-they must come into compliance with the current occupancy rate and may not revert to the former (higher) occupancy rate. Both zones have the same dimensional requirements for single-family residences: 5,000 square foot minimum lot area width a lot width of 45 feet. Currently 16 properties in the area do not meet the minimum lot width requirement for single-family uses. However, because vehicular access to all but a few of the properties is provided along a rear alley, a special provision for the RS-8 zqne bonus density allows a reduction of the lot width requirement to 40 feet and the lot area requirement is reduced to 4,000 square feet. Under the RS-8 zone only 3 properties would be nonconforming with regard to lot width: two properties are narrower than 40 feet and one 40-foot lot lacks alley access. Information for each of the properties included in the proposed rezoning, including dimensional statistics, rental status, and alley access for all lots are included in table 3 (on the following page). This information shows that the proposed RS-8 rezoning would increase the number of nonconforming uses by 2 (owners of all duplexes in this area support the rezoning) but would decrease the number of nonconforming lots by 9. 5 Table 3. Lot information for orooosed RS-8 zone Address 423 S. Governor 427 S. Governor 431 S. Governor 433 S. Governor 437 S. Governor 441 S. Governor 443 S. Governor 517 S. Governor 521 S. Governor 527 S. Governor 529 S. Governor 601 S. Governor 615 S. Governor 416 S. Governor 426 S. Governor 428 S. Governor 436 S. Governor 506 S. Governor 510 S. Governor 520 S. Governor 528 S. Governor 530 S. Governor 820 Bowerv 822 Bowerv 830 Bowerv 904 Bowerv 910 Bowerv 922 Bowerv 817 Bowerv 823 Bowerv Width 40 80 40 40 40 40 42 38 60 54 50 110 72 80 42 39 80 40 80 120 42 42 44 80 60 60 90 72 50 40 Oenth 150 150 150 150 150 150 150 150 150 150 160 60 150 189 189 189 189 189 189 189 189 189 110 110 110 110 110 110 118 118 Lnt Area 6,000 12,000 6,000 6,000 6.000 6,000 6,300 5,700 9,000 8,100 8,000 6,600 10,800 15,120 7,938 7,371 15,120 7,560 15,120 22,680 7,938 7,938 4,840 8,800 6,600 6,600 9,900 7,920 5,900 4,720 Allev Units ves 1 ves 1 ves 1 ves 3 ves 2 ves 1 ves 1 ves 1 ves 1 ves 2 ves 4 NO 1 ves 10 ves 1 ves 1 ves 1 ves 2 ves 1 ves 1 ves 2 ves 1 ves 1 "es 1 ves 1 ves 1 ves 1 ves 1 ves 1 ves 1 ves 1 Permit RNS-12 RS-8 Renlal Nonconformino lot Rental Rental Rental Rental Rental "~'i>;"'" .i.O ,0 00 SB>j: ,*~i'"~h,', Nonconformina lot'used1 Nonconfonnina lot Nonconformino lot Nonconfonnina lot Nonconformina lot ~,r,~~,\l": Rental (,iNcinco arm n ~}~ Rental ;tN~r con 0 n us Rental ~..~1I\Jt~?~ In;,use~~~ NonconforminQ lot Rental NonconfonninQ lot Rental Rental Nonconformina lot "!Ii"''''''!' in'usel:jil Nonconforming lot Nonconformino lot Nonconformina lot Rental Nonconformina lot Nonconformina lot Rental Rental Rental I Nonconformina lot I In summary, if the proposed RS-8 zoning is approved, the three remaining duplexes within the area would become legally nonconforming. These properties could not be significantly altered in terms of new additions, which would increase their degree of nonconformity. All existing multi- family units that are currently nonconforming in the RNS-12 would remain nonconforming in the RS-8, and all would retain their nonconforming rights as described in the code. All eleven rental properties with maximum occupancies of four unrelated persons would continue to be nonconforming and would retain their legal, nonconforming rights for their maximum occupancy. Any new rental permits issued for property within the zone would comply with the new occupancy standards in the code, which are the same for RNS-12 and RS-8. Existing single family homes in the area could not be converted to duplexes but may be used as single-family rental properties. 6 Staff believes the requested rezoning is warranted for the following reasons: . The existing predominance of single-family uses (both rental 30% and owner occupied 47%) within the area; . Owners of the 3 remaining duplexes (property owners whose duplex use would be made non-conforming by the rezoning) have signed a petition in support of the rezoning; . There is no change.in status to the 3 multi-family properties in the area, which are already non-conforming in the RNS-12 zone; . The rezoning reduces the number of nonconforming lots due to the special bonus provisions in the RS-8 zone; . The Comprehensive Plan includes goals to preserve the integrity of existing neighborhoods and the historic nature of older neighborhoods, balancing housing types within older parts of the city. STAFF RECOMMENDATION: Staff recommends that the requested rezoning of approximately 5.75 acres located south of Burlington Street, including both sides of Governor Street beginning with those properties south of 419 and 412 Governor and adjacent portions of Bowery Street from RNS-12 to RS-8 be approved. ATTACHMENTS: 1. Location Map 2. Statement from Applicant 3. Petition 4. 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"...,~ .' ',' " " " ,',' "',," ' . ",'. ,.,'.",',', ',', '" " ,', "...... '^ '''',',', .' , , '. ~ "'...... ~"'" '..' '. ,..,', '..' '.' ,",' '..' ...'... '..'.. ~ ,'" '" ~~ ,".' ',... 'r':', ;t' ~ ~ . I '1 '1 .,- IT "..,., 0: ~ ...... ., . ~ " . .. .. . . . . . . . . - .",",",",",',', ,',".",",",','. I I -. -L... ~ I'... ,,"...,1'... ,"..., "..., "..., ,',',.,',',..'..'.,',.,.,.,~.......... ~ r.... ......1'.' ",", " " ",",' I -;- _r----' . - ~ " '1""" "", ".,..,r...... ,....\-.c(....l.' ',L',..,.',....','.. i I SITE LOCATION: South Governor Street REZ07-00002 i , ! Applicant's Statement Rezoning the parcels indicated will extend the RS-8 Zone north from the 600 block of South Governor Street providing continuity along South Governor. In addition, the change to RS-8 will provide a rational "stair-stepping" of zoning from east to west, from Summit Street to Governor Street to Lucas Street. For comparison, since being downzoned to RS-8 in 2000, the 600 block of South Governor Street has stabilized and is once again drawing owner-occupants who have rehabbed, or are rehabbing several key properties on the block* while maintaining a healthy diversity of owner-occupied and rental properties. This is helping preserve the historic, single-family character of the street. North of Bowery Street, South Governor Street includes many long term owner-occupied residences as well as rental properties. It offers a strong sense of neighborhood with close-in, affordable housing in an environment which has maintained much of its historic, single family tradition. In fact, this portion of South Governor Street has experienced a marked revitalization since the last rezoning approved by the City ofIowa City. RS-8 zoning is more in keeping with the area, and is also more in keeping with the Comprehensive Plan for the Central Planning District, which is very much concerned with maintaining the integrity of the neighborhoods near downtown Iowa City. This is also a stated concern of the City Council. I have spoken personally with many of the residents on South Governor Street, both owners and tenants, and have been encouraged to proceed with this rezoning application. In addition, the neighborhood plans to host a neighborhood meeting to discuss the application within the next few weeks. * Examples include 625, 647, 652 South Governor Street. r-....j e5 :::;::.1 =, ~- .~ :>- :.- j>' II '" Ui -0 T: -c.," -'-, '" .r.:- en --~~---'-'-'_.-'----'-""'-'"'--'-'----'-_."-----'--.-.-..--. "'.----.-.' _.._._._._--_._._._-"-_."._---.-._-~---_.._.,-_..--_."-.------. February 2007 Iowa City Planning and Zoning Commission City Hall 410 E. Washington St Iowa City, IA 52240 To: ./ Re: The rezoning of S. Govemor St. and Bowery Street (see attached list of addresses and map) WE, THE RESIDENTS AND NEIGHBORS OF THIS AREA, WOULD LIKE TO SEE THE CURRENT ZONING OF THE SOUTH GOVERNOR STREET AREA CHANGED FROM RNS-12 TO RS-8 TO PROTECT ITS PREVAILING CHARACTER OF SINGLE-FAMIL Y HOMES AND DUPLEXES. Name ~ Address 520 S 510 s, 6~ w ~o u <25 31/2. v<..r< OJ..o s. C:::rr;txr(1ty S+ # 3 c::c,. ~.:L 1 -;- 2-(, S 52-g- >_ GC>(/~/"ht7r 6B~ S. GOVeAVlDr'" V. 7S- 0.75 '.5' I~ V;2.- 'S~ \ Y'-/I S" GdV'UI'l"~ ~,eUDi< DI 52--( J ') '/z. %< _ _ ~~__ __~____M_~______________^___~____ -- - February 2007 To: Iowa City Planning and Zoning Commission City Hall 410 E. Washington St Iowa City, IA 52240 Re: The rezoning of S. Governor St. and Bowery Street (see attached list of addresses and map) WE, THE RESIDENTS AND NEIGHBORS OF THIS AREA, WOULD LIKE TO SEE THE CURRENT ZONING OF THE SOUTH GOVERNOR STREET AREA CHANGED FROM RNS-12 TO RS-8 TO PROTECT ITS PREVAILING CHARACTER OF SINGLE-FAMIL Y HOMES AND DUPLEXES. Name Address Years at this address IC . S- ~~ ~ " " .::L ~ ) 13 ~ d--3 oS I, .s::; () 5, 4~ueJtIA( St, 7tJ:J S,S~ 1-. !iZ] 0tc,J. 1-. d:) Y3f f\~ rO':2 '7 E, CwW"0- /11'1 MCi..fk.. S+. 5'0 0S.Gove...., 0\. 0"" .q 04 Bower S;r 1\ .9 3.5"' df) I.c) qy ._~____,______._._,___._~.___._.__..'"____ .___._____.__,___..u__._______._______.__'._ February 2007 To: Iowa City Planning and Zoning Commission City Hall 410 E. Washington St Iowa City, IA 52240 Re: The rezoning of S. Governor St. and Bowery Street (see attached list of addresses and map) WE, THE RESIDENTS AND NEIGHBORS OF THIS AREA, WOULD UKE TO SEE THE CURRENT ZONING OF THE SOUTH GOVERNOR STREET AREA CHANGED FROM RNS-12 TO RS-8 TO PROTECT ITS PREVAILING CHARACTER OF SINGLE-FAMILY HOMES AND DUPLEXES. Name Address Years aUIUs address L{ 3/ bOJ'lfNl( St. 'f')... O..tY"Of f5 ---. f/'/0-Y C\tO fa a 33 5, b~v'~H" The Longfellow Neighborhood Association ":fur now and fur tfle future '" ~~~~:::,....,::~:;:~~::;a;;::~:;;&i;':;~::i&::~::;a;;:~",~~;m;t.;:~:~:;::a.::;~:,:~:::Z!\l;::.:~::~:~:::~::;;a;;;:~:::~""~':~:'~ February 16, 2007 Iowa City Planning and Zoning Commission City Hall 410 E. Washington St Iowa City, IA 52240 Dear Members: The Longfellow Neighborhood Association has recently voted to support a proposed rezoning application that would affect an area of Governor Street between Bowery and Burlington Streets. Many of LNA members remember how recently this area was at risk of becoming a blighted area of the community. We feared the blocks between our neighborhood and downtown would become row upon endless row of indifferently constructed apartment buildings. That city experiment--allowing whole blocks of densely occupied housing to indiscriminately sprawl into the surrounding community-has proven to bring many issues detrimental to our community. In the past few years, a group of property owners has seized upon the opportunity to recreate community out of a rundown part of town. Together, these residents have helped enforce the nuisance ordinance and encouraged their neighbors to become better citizens. Residents are again buying homes and raising families here, and continued downzoning of this area will support their efforts. The city government can and should help the efforts of our resident landowners in our community. One of the principal ways to do lend a hand is to provide underlying zoning that is consistent with family-oriented housing. Your commission is key to making this a reality. The Longfellow Neighborhood Association supports efforts to create community within our neighborhood on the near southeast side of Iowa City. We endorse efforts by local residents to improve the quality of life within our neighborhood, and we wholeheartedly support the proposed rezoning of a ponion of Governor Street from RNS-12 to RS-8 as indicated by the applicants. Sincerely, , . . ',~ .-----.--- Th~:: andte2bershiP of the Longfellow Neighborhood Association Jennifer Hemmingsen, President Printed on .50% Post<<HJsumer R8cycIed PfJper Sarah: Hello. My name is Mark Russo. My wife, Diana, and I recently bought and renovated the old Mennonite Church at 614 Clark St., immediately east of the rezoning area. We would like to add our input to this discussion of Governor Street rezoning,since it impacts our own lives in a very real way. Please accept my apologies in advance for errors in this letter's format, as I am still figuring out basic computer skills. When we decided in 2002 to move from McGregor,la., we looked for a neighborhood that had stability. proximity to downtown, a pre-dominance of single-family dwellings. and some umbrella of zoning protection for the investment we intended to make. Diana had resided for many years in the Longfellow-Summit St.area; and wanted to find a place in that area. As luck would have it, this church was up for sale; we bought it and turned it into a very pleasant home. Our investment was considerable; but we knew the neighborhood could justify it, and are very tiappy with our decision. I believe that the proposed rezoning of Governor St. to an RS-8 classification would be a great improvement both to that neighborhood and the surrounding neighborhoods, and to the city in general, in the sense that there seems to be only a few neighborhoods like ours close to downtown that enjoy some modicum of stability and protection from the seemingly pervasive and reckless development of student rental housing complexes, unjustified housing demolitions, and single-family house conversions into duplexes, tri-plexes, and beyond. I would not have made the investment we made in our property, had it been zoned differently. We certainly would not have purchased property on Governor St., given the risks that its current classification creates to a single-family dwelling owner, even though it is an attractive street with many of the features we sought in a neighborhood. I think that Governor St. deserves the same sort of zoning protection that the property owners of Summit St. and Clark St. enjoy. Property owners on both sides of S. Governor between Bowery and Burlington have demonstrated their commitment to both the neighborhood and the city by making serious investments of money, labor, and time to re-establish the single-family character of that area, at great risk in their efforts due to the instability factor an RNS-12 classification introduces. Did not the City of Iowa City create a development along Foster Road that seeks a similar, old-fashioned neighborhood atmosphere with all the associated traditional values? Here on Governor St. is a similar effort, but totally self-initiated, with no tax dollars, by earnest and hard-working property-owners. And so much closer to town, with such a greater possibility of a positive ripple effect. I have personally witnessed and been a part of many social and business-type activities in this neighborhood in the past few years.S .Governor St. is very similar to Clark St. in the sense that there is a strong sense of pride in the neighborhood, a common concern about ~eeping the properties looking good and sound, a common watchfulness or awareness of developments that might enhance or degrade the neighborhood, and a sort of old-fashioned democratic vision to keep the neighborhood available to families from all walks of life and backgrounds. The city should reward such vision and initiative and personal investment the applicants have made, and grant them the qualified protection from neighborhood deterioration that an RS-8 zoning classification affords. Such investments, made by the neighborhoods and the city into each other, will continue to set Iowa City apart as a forward-looking community Thank you. Mark Russo & Diana Russo 614 Clark St. February 22, 2007 RE: Proposed rezoning of South Governor Street and South Bowery Street. I am writing in support of the proposed rezoning of South Governor Street and South Bowery Street. I have lived in my home at 530 South Governor Street for eight years. In that time I have witnessed and been a party to a transformation in our neighborhood. The home I purchased was on the market for six months-it was not a property attractive to landlords, and the neighborhood was not attractive to families. The first two years I lived on South Governor Street were difficult-my son and I were awoken regularly by intoxicated partiers on the street and most landlords were not responsive to neighborhood concerns. But with neighbors working together, the rezoning to RNS-12, and the adoption of the neighborhood ordinance making landlords accountable for their properties our neighborhood has become very livable for a truly diverse population. Residents of this area, owners and renters alike, now enjoy close-in housing in a true neighborhood. Many of us walk or take the free shuttle to work or school everyday. We host neighborhood gatherings--{)ften impromptu gatherings on one another's front lawns or porches. Last Mother's Day many of us came together to replace a neighbor's birdbath---a fixtnre in her front garden that had been smashed in the street by vandals. In the summer we share landscaping plants and garden produce. In the fall several of us had branches in need oftrimming--{)ne neighbor fired up his chainsaw, another loaded the branches into his truck, and another hauled it out to her property in the country. This winter two neighbors have cleared each snowfall from sidewalks up and down the street. These are only a few examples from just the past year of the neighborhood environment we have worked hard to restore. Of course city planning and zoning decisions are not made solely on the basis of a neighborhood "feel". Rezoning this area to RS-8 will provide a logical stair-stepping of zoning moving west from Summit to Governor to Lucas Streets, and a logical northern extension of the current RS-8 zone south of Bowery. Iowa City residents looking for close-in quality housing will be more likely to invest time and money revitalizing housing in this area with the additional security offered by a lower density zoning. I believe that as more apartment buildings are built in the downtown area we have an opportunity to welcome Iowa City residents of all ages back to our historic neighborhoods. I encourage you to forward a positive recommendation of the proposed rezoning to the City Council. ~~~ 530 South Governor Street February 22, 2007 Regarding the proposed rezoning of portions of South Governor Street and South Bowery Street. I am writing in support of the proposed rezoning of South Governor and South Bowery Streets. I own a rental house at 517 South Governor Street which I just purchased this past year. My intent in purchasing the rental house is to provide close-in quality housing to Iowa City residents. As a landlord I see a need in this community for rental stock that provides a neighborhood environment for all ages, and the area of the proposed rezoning is a nice blend of owner-occupied and rental properties fitting for this neighborhood. The marked improvements on South Governor Street over the past several years have occurred through the efforts oftenants and owners alike. Not all residents in Iowa City can afford to buy a home, nor do all that can afford to buy choose to. But in our neighborhood one can find quality housing within walking distance to schools, campus, and work that also provides a livability this neighborhood has worked hard to achieve. The rezoning to RS-8 will help ensure that Iowa City remains a welcoming community to residents of all ages by providing a variety of housing options for both tenants and owners, including low density, close-in rental property. Many ofus who own rental property in the neighborhood also live here. As a lifelong resident of Iowa City I chose to invest in this area because I see the potential of a revitalized close-in neighborhood. I encourage you to forward a positive recommendation of the proposed rezoning to the City Council. Thank you for your consideration. E~~ Owner-517 South Governor Street GROTIO BILL, ILC TINMAN, ILC 808436, ILC IOWACITY,IA 52240 February 22, 2007 Iowa City Planning and Zoning Commission Attn: Sarah Walz 410 E. Washington St. Iowa Oty, lA 52240 Ms. Walz, We, as rental property owners in the South Governor Street area, are writing this letter in support of the South Governor Street and Bowery Street rezoning effort. We have owned property on South Governor Street for several years and are very much in support of this zoning change. We are happy to be able to provide affordable, safe, convenient and quiet residences for our tenants and we feel that this rezoning can only help to maintain the quality of living that we feel we provide in our rental properties. We are in support of this rezoning because we want to continue to foster the stabilization of this neighborhood. It truly is a model for a diverse housing environment where single family ownership and affordable rental opportunities can co-exist in a friendly and convenient neighborhood. Thank you for your consideration and support of this re-zoning proposal. Tin n, LLC Owner of 527 & 527 112 South Governor Street ~i~C ~~'- Owner of 436 South Governor Street February 21, 2007 Iowa City Planning and Zoning Commission Attn: Sarah Walz 410 E. Washington Street Iowa City, IA 52240 Dear Planning and Zoning Commission Members: We, at 520 South Governor Street, are writing this letter in support of the South Governor Street and Bowery Street rezoning effort. We have owned this property for nearly 5 years and have watched the neighborhood evolve. When we first moved to our current home, we lived in the apartment off of the garage while renting the main house as a duplex. We have since moved into the main house and have begun restoring the home back to a single-family dwelling. Our house was built in 1860 by Irving Weber's grandfather and his name is still etched in the limestone foundation. The park-like front yard is filled with 150 year old Oak trees and the back yard has a small church and grotto that was constructed in the 196Os. The neighborhood is diverse and we enjoy living dose to work, downtown Iowa City, the library and the farmers' market. It has been our surprise and joy to watch this area evolve into a fun and enjoyable neighborhood. When we first moved in, there were many more absentee landlords and we were often awakened by the tenants in the houses owned by such landlords. Over time, we have seen many people invest in our neighborhood and absentee landlords have become more scarce. Either through single-family home ownership or by neighbors investing in homes that can be rented affordably, we have seen the character of this area change. We consider ourselves lucky to have wonderful neighbors and we enjoy an annual neighborhood winter party and several summer gatherings attended by families, couples, singles, college students and friends. We are in support of this rezoning because we want to continue to foster the stabilization of this neighborhood. It trUly is a model for a diverse housing environment where single family ownership and affordable rental opportunities can co-exist in a friendly and convenient neighborhood. Thank you for your consideration and support of this rezoning proposal. Sarah Walz From: Sent: To: Subject: Rudolf Kuenzli [rudolf-kuenzli@uiowa.edu] Thursday, February 22, 2007 10:03 PM Sarah Walz Governor SI. down-zoning Dear Sarah, I am writing to express support for the proposed down-zoning of South Governor St. and parts of Bower ySt. for a number of reasons. To down-zone this area would make sense given that Summit St., one block away, is zoned RS-5. An RS-8 zoning would provide a smoother transition from Summit St. to Lucas St. which is zoned RSN-12. As I understand the process, based on earlier experience with the planning department, such graduated transitions are both logical and desirable . Furthermore the part of S. Governor that lies south of the proposed area is already zoned RS-8. Since the earlier effort to down-zone Governor St. which resulted in the RSN-12 designation, there has been evidence of a change for the better in the neighborhood. I am aware of at least two or three property owners who have said that they would have never had the courage to invest in property there without the earlier down-zoning. There is affordable housing in the area which people might be inclined to buy if the area were down-zoned to RS-8. Proper zoning is the critical ingredient in preserving neighborhoods. Please help the long-term residents of the area stabilize their neighborhood by adopting the proposed down-zoning. Sincerely, Cecile Kuenzli 705 S. Summit St. Iowa City, Iowa 52240 1 \\ ~~ ;)..81 :J,ool \~ tVv VV{~~"\h Cll ~ Gl n' , D ~CJ w.~ N-<-~ D~, Jl.., ~~ l.i.6.""s:.o k t-N 5\..H..n~ tV>~, . hst ~~cl\ k~ ~~ ~~ "t. ~7;6 ~ "" 'fu '"'e~ '" "'I b \ '" . u 1'" . ~o~ ~ ~~ Q~ "* ~^'~~~ ~ ~ <>-.-~ ()~ ~~ ~L.L\ oX, 5:l.1 ~ ~ ~urt.. "\N.~ ~>C\ ~ ~ fY'N'v ~ ~ ~ ~ ~Wl~~.~r ~~ ~~. ~ o....-~ C OJ\."""~ rN-L~ .~ .l1'U-~ eNJV 'd ~l ~ 1~ 'X ~~ ~ ~..A$'> ~. tyJ -R.. ~ ~ ~ <W-6> ~ tv ~~ ~""'~ lh.t chV\.>--~ ~~ ~ ~ M\~ ~~ ~O\~, ~,~. ~0,<N-~ cA~ ~ ~ V~~ ~~ ~ o-J o\~ ~~n--e\. ~k l(>~ lACiM ~~ ~~ at 1\..V ~~-cv ~ ~~oM ~~~ ~~ ~ '-v 'f IA<>L\v> c"'~. '"1.\~ ~~. ~ ~ ~ al..I& ~ ~ ~M~'-'- c::;~ .v, f,,;t ~~ ~ ~ 1tA ~ ~~ ~~ ~ ~LrM> ~ ~.~ U{\uA\"-~ ~~~~c.J~~~' ~J..~ ~ ~ '^'~ ~~~~ ~ o-J ~~ ~ ~ \U t.t-.i 'Ow. ..1M-R.., CAJ ~ ~\ ~0 ~~ Cu> ~~UL~ ~~. ~ "",,~~~aV~~\~ Page 1 of 1 Sarah Walz From: Sent: To: Mike/Heidi Sandersfeld [hmsand@southslope.net] Thursday, March 01,20072:11 PM Sarah Walz Subject: Re: S. Governor Rezoning Hi Sarah, Due to weather concerns, I will not be able to attend the public meeting scheduled for this evening concerning the application for rezoning a portion of S. Governor Street. My property is located at 416 S. Governor ST and is indicated as the northern most lot on the East side of Governor Street. You have explained how the proposed zoning would affect our property. At this time we have no interest in changing the property from single family. We have owned the property for 15 years and in my opinion kept it up very well. The property was re-zoned a few years ago adding limitations from when we originally purchased the property. In my opinion, this rezoning will have a negative impact on our property value. We ask to please remove our property from the list of outlined properties included in this proposal. I apologize I am unable to attend the public meeting. Your consideration is greatly appreciated. Sincerely, . Mike Sandersfeld 319.533.7369 -- Original Message --- From: Sarah Walz To: hmsandllJ>.southslooe.net Sent: Thursday, March 01, 2007 1 :09 PM Subject: S. Governor Rezoning Mike, The web address listed below will take you to the first page of the staff report on the proposed rezoning for property on S. Governor and Bowery: http://WW'N.iowi:l-citY.org/wel:>linl<lcJocview.asPX.?.id= 1) 6120.~P<l9f1=2 Please feel free to call or e-mail me if you have questions or if you wish to e-mail a message to the planning and zoning commission. . Sarah Walz Associate Planner Planning and Community Development City of Iowa City Iowa City, IA 52240 319/356-5239 sarah-walz@iowa-city.org 3/1/2007 Page I of I Sarah Walz From: Lorraine Bowans [LBowans21@msn.com] Sent: Tuesday, February 27, 2007 10:29 AM To: Sarah Walz Cc: steveicnyc@hotmail.com Subject: Gov/Bowery Street Re-zoning Sarah, I wish to whole-heartedly add my support to this re-zoning. My husband and I purchased our home at 510 S Governor St in 1987. It was a run down duplex that had been on the market for over 8 months when we purchased it. . We immediately converted it back to a single family home. We removed over 13 tons of garbage out of the back yard. We have done extensive renovations both inside and out, but more than that we helped renovate the neighborhood. It has always been a good neighborhood, but it has now become a great neighborhood. This is truly an old- fashioned way of life where we look out for and help our neighbors. We are a front porch neighborhood and not a privacy fenced neighborhood. We embrace all the neighbors whether they are here for a year or many years. We have seen the change from no children in the area to many. Run down properties to homes (rental or owner occupied) that are being restored. Ours even won a Historic Preservation award several years ago. My neighbor Ann Freerks and I petioned to have the neighborhood re-zoned about 6 ye;ars ago. It is with selfish pride that I can look up and down the street to see the progress of our neighborhood. After the re-zoning passed, we breathed a sigh of relief that our way of life would be maintained and prosper. My children have always had the run of the neighborhood due to the fact that we knew everyone and always knew that others were watching out for them as well as we were. We now feel that way about the younger neighborhood children. When a neighborhood can feel safe that it will be preserved, people become more invested in both the life style and property. I also like the fact that I was able to teach my children the value of being a good neighbor. Many times they helped Miss Kelly who lived in her home until she was 90, had the neighbors over for a meal while their kitchen was being remodeled, watched pets or children or helped with a neighbor's project. My family has no blood relatives in the area or even close, BUT WE DO HAVE A WONDERFUL FAMILY in our. neighborhood. When Ann and I applied for the re-zoning several years ago we were told not to go for the RS-8 at that time but to take baby steps. I feel it is a time for another step in the right direction. I will be unable to attend the first meeting as I have just had surgery, but should be at all others. Please feel free to pass this on to all interested parties. Thank you Lorraine Bowans Bob Bowans 2/27/2007 Sarah Walz From: Sent: To: Subject: Laurence Fuortes [fuortes@mchsLcom] Friday, February 23,200710:14 AM Sarah Walz Governor SI We own a duplex at 437 S. Governor St and want to express our support of the proposal to downgrade the zoning to RS8. The neighborhood has made significant improvements over the past few years and we feel this measure will only continue that trend. Thank you, Sue and Laurence Fuortes 1 February 23, 2007 Iowa City Planning and Zoning Commission Attn: Sarah Walz We are writing to you to express our support for the proposed RS-8 zoning of our home on S. Governor Street. In addition, we would like to express our thoughts and emotions conceming our neighborhood. As new, first-time homeowners, we have experienced the Iowa City housing market in the quite recent past. Our hope to find an older home within walking distance of downtown seemed quite far fetched. We were unwilling to compromise the qualities of personal safety and neighborhood security since our hope for future children had to be included heavily in the home buying decision. Another major desire was to find an opportunity for us to build equity value through hard work and renovation; that is, we love old houses and wanted to find one to make beautiful. Fortunately, as we have both spent many years living in Iowa City as students and young professionals, we have built up a sizeable familiarity with the Iowa City environs. Iowa City was the place for us, but the challenge of choosing a neighborhood was difficutt but not unique. If price were no object, our search would have gone no further than the upscale neighborhoods of Summit St, Brown St. or Manville Heights. It seemed that the remaining bulk of single family hO!lsing near downtown was student rental or absentee ownership property. We were familiar with the ways that such factors create dangerous living conditions and urban decay. A brief (and somewhat random) listing of the issues a family would face within these neighborhoods is as follows: vehicle overcrowding, poor trash management, rodent! raccoon issues, minimal property upkeep, drunken visitors and illicit drug activities. It seemed to be a choice between two unacceptable extremes. We felt the call to abandon some of our hopes and choose to find a newer neighborhood in other parts of town. But, we found our present neighborhood, the hidden gem. It had seemed to be mostly relegated to the pattem of decay even five years ago. We are familiar with issues of the area at that time because an immediate family member lived very near to exactiy one block west of our present house (S. Lucas St.) We have also discussed the issue w~h long-time resident neighbors as well. We heard about the extreme frustrations that many in the area had felt which resulted from the wanton irresponsibility of many of the youthful, short-term residents. But, the actions of your committee and Govemor! Bowery property owners were obvious and impressive. We believe that a RS-8 rezoning would be an acknowledgement of the status of the neighborhood as a middle category between upscale and student housing. As such, our area can remain attractive to both long-term family residents and responsible student tenants who crave the stability of such a neighborhood. We feel pride in the stewardship responsibilities that we're starting to accept. Our house, aged 162 years, has recentiy received ~s second fumace and first central air conditioning unit of its Iifetim'e. We like to imagine that the house will stand another lengthy span because of work and care. The atternative of decay or demolition, for our house in addition to the surrounding neighborhood, would be a significant loss to the character and allure of the city. More than anything, we want to thank you for your past and present work, We think that it is important to find ways to encourage the ideas and plans that your committee has committed to. We think our ideals of efficiency and stewardship may spread to other areas of the county and state, even if the process may proceed in small steps. Please feel free to call or visit for further elaboration. Sincerely, Keith Gunderson & Sarah Gunderson 528 S. Governor St. Iowa City, IA 52245 " Iowa City Planning and Zoning Commission Attn: Sarah Walz City Hall 410 E. Washington Street Iowa City, IA 52240 This letter is in regards to the proposed zoning change in the South Governor and Bowery Street area of Iowa City. I am support of this rezoning. I recently owned 520 S Governor St and since I purchased that property I have seen many improvements in the neighborhood. I painted the exterior of my house and made interior improvements and made its appearance much better, and many others have done the same. In fact, there has been what I would call a drannatic improvement in the look ofthe neighborhood in the past 5 years. The neighborhood is in a wonderful location to walk downtown and I am considering moving back to the neighborhood in the next few years. The diversity of the neighborhood, with some rentals, but also many single family homes makes this neighborhood a very nice place to live and brings a very nice mix of people to the area. Many ofthe improvements made have been done since the last rezoning and I believe that the proposed rezoning will improve the neighborhood further. Thanks for your time. Sincerely, ,/ /~~ Tina Stec rage 1 Ul 1 Sarah Walz From: David Greenhoe [david-greenhoe@uiowa,edu] Sent: Friday, February 23,20077:16 PM To: Sarah Walz Subject: Rezoning application for S, Governor Street and E. Bowery Street from RNS-12 to RS-8, Dear Sarah - I am writing in support of the rezoning application for S, Governor Street and E, Bowery Street from RNS-12 to RS-8. I've been a resident home owner at 426 S. Governor for the past six years and was a resident homeowner at 638 S. Governor from 1979 until mid-eighties. I love the neighborhood, and appreciate the recent improvements being made in it. My own home is currently undergoing a freshening with a thorough stripping and repainting project. I strongly support any movement toward protecting and preserving the residential qualities of this neighborhood, and believe that this proposed rezoning would go a long way in helping to stabilize that. I am unable to attend the tentatively scheduled public meeting on March 1st, but wish to voice my strong support for this change. Thank you very much, David Greenhoe 426 S. Governor St. 338-4623 David Greenhoe Professor of Trumpet Brass Area Chair School of Music University of Iowa Iowa City IA 52242 . phone: 319 335-1653 2/25/2007 ....._..__.:, ~~ ,,...........~......... f:......'V'"...... .....1..-1...,... n....;nnhnrnnnnFl_ ., Sarah Walz From: Sent: To: Subject: WrighVKnock [mwmk@mchsi.com] Sunday, February 25, 2007 11 :04 AM Sarah Walz Governor SI. Downzoning Request (resent) Dear Members of the Planning and Zoning Commission: I am writing to make known my full support of proposed down zoning of parts of S. Governor and Bowery Sts. As a former resident of the 600 block of S. Governor (already zoned RSe) I know the area, and many of the neighbors, fairly well. It1s a great bit of Iowa City: a cohesive, diverse neighborhood with many long time residents, close to downtown. It's also an area which is decidedly on an uptick: many properties, both owner-occupied and rental, have seen substantial improvements. A downzoning to Rse'would help this trend continue, further stabilizing a great area. It would also offer benefits to neighboring streets. For example, S. Summit St., is an RS5i downzoning S. Governor from RNS12 to Rse is a logical "step-down". The RNS12 would then begin at Lucas St. As an example, if you look at Iowa City's Northside Neighborhood, a mix of mostly Rse and RNS12 zoning, you find that the Rse zones, in general, are more stable, with a higher (though by no means exclusive) percentage of owner-occupiers. It seems to me that this type of stabilization is exactly what many of our older neighborhoods, such as S. Governor St., need. Certainly this is in keeping with the Central District Comprehensive Plan, from which I quote (p. 5): "The integrity of existing neighborhooods, especially those adjacent to downtown and the University of Iowa campus, will require ongoing efforts." This is an established priority of the City Council. It seems to me that this type of grass-roots effort is exactly what the Council is looking for in older neighborhoods. So I urge your support for this proposal. It's a good one for the neighborhood, and thus for Iowa City as a whole. Sincerely. Michael Wright 225 N. Lucas St. (in an RSB zone) Iowa City 1 ~ t, "'......i Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 5.75 ACRES OF PROPERTY LOCATED ALONG A PORTION OF SOUTH GOVERNOR AND BOWERY STREETS FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS-12) ZONE TO MEDIUM DENSITY SINGLE FAMILY (RS-B) ZONE. (REZ07-00002) WHEREAS, the applicants, Martha Greer and Suzanne Bentler, have requested a rezoning of properties located along South Governor Street and adjacent property along Bowery Street; and WHEREAS, the property is currently zoned Neighborhood Stabilization Residential; and WHEREAS, the predominant land use in the proposed area is single-family; and WHEREAS, the owners of all duplexes in the area, which would be made non-conforming in the RS-8, are in support of the rezoning; and WHEREAS, there will be no change in status for the three multi-family uses in the area, which are already considered non-conforming in the RNS-12 zone; and WHEREAS, the proposed RS-8 rezoning would reduce the number of non-conforming lots due to special bonus density provisions in the RS-8 zone; and WHEREAS, the Comprehensive Plan includes goals to preserve the integrity of existing neighborhoods and the historic nature of older neighborhood and to balance housing types within older parts of the City; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning classification of Neighborhood Stabilization Residential (RNS-12) to Medium Density Single Family (RS-8). Lots 4-10, Berryhill's 2nd addition, block 2 AND Lots 11-S Y. Lot 17 Berryhill's 2nd addition, block 1 AND Strohm's addition: Lot 21, Block 1 & Commencing NE Corner of Lot 21 Thence W150', N12' E 150' and S 12' to Beginning AND Jerome's Addition; N 110' of Lot H , Lot I, and E 30' of Lot J AND Jerome's Addition; E 4' of Lot 0 - Lot R AND Jerome's Addition; Lot T - w 41 Y. , of lot W SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and pUblication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 2 Passed and approved this _ day of MAYOR ATTEST: CITY CLERK City Al1orriey's .-..-/.. ppdadmlordfrez07..o0002.doc '1-1.?~6 }- ,20_. Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn that the Ordinance First Consideration 4/16/2007 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published I 0413~~ \ Prepared by: Marian Karr, City Clerk, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. CONSIDER AN ORDINANCE AMENDING TITLE 8, "POLICE REGULATIONS", CHAPTER 8, "POLICE CITIZENS REVIEW BOARD", SECTION 6, ENTITLED "POLICE CHIEF'S REPORT TO THE BOARD; CITY MANAGER'S REPORT TO THE BOARD", TO CLARIFY LANGUAGE ON GRANTING EXTENSIONS TO THE POLICE CHIEF FOR GOOD CAUSE WHEREFORE, Section 8-8-6E of the City Code sets forth the time frame that Police Chiefs reports must be received after the complaint is filed with the Police Citizens Review Board; and WHEREAS, the Police Citizens Review Board has determined that if good cause is shown for the extension by the Police Chief the Board will grant the extension; and WHEREAS, the Police Citizens Review Board wishes to clarify the language of this section by removing the word "may" and substituting "will" to affirm that an extension would be granted when good cause is shown by the Police Chief. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Subsection E of Section 8-8-6 of the City Code is hereby deleted and the following substituted in lieu thereof: E. The Police Chiefs report to the Board shall be completed within ninety (90) calendar days after the PCRB complaint is filed. The Board will grant extensions from this deadline for good cause shown. SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 ,2007. ATTEST: CITY CLERK u:;~ City Attorney's Office -.? /.:2"" J tJ r-; . . Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 4/16/2007 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 1'0)& =\\- IL; Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053 ORDINANCE NO. 07-4258 ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2005), the City of Iowa City provides certain solid waste collection and disposal services; and . WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by approximately 8% for billing on or after July 1, 2007, to adequately finance operational costs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the charge for residential solid waste collection from $13.00 to $14.00 per dwelling unit, and 2 rooming units, per month; and from $9.90 minimum to $10.40 minimum for solid waste; and curbside recycling from $3.10 per unit to $3.60 per unit. 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 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 effective July 1, 2007. April , 20...ll1-. MAYOR ~' ~ ATTEST: ~~~'A."J~. CITY CLE K Apl2roved by , /' R- - 5/~/o1 City Attomey's Office finadm'ordIfeeincrease-sv.()7.doc Ordinance No. 07-4258 Page ..1....- It was moved by 0' Donne 11 and seconded by as read be adopted, and upon roll call there were: Champion that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn "l( x x X "l( x "l( First Consideration 3/20/2007 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Correia, Elliott. NAYS: None. ABSENT: Champion Second Consideration 4/3/2007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn Bailey. NAYS: None. ABSENT: None. Date published April 25, 2007 ~:l..() ~?~/1ay/ --> Prepared by Roger Jensen, Deputy Fire Chief and Tim Hennes, Sr. Building Inspector; 410 E. Washington St., Iowa City, IA 52240; (319) 356-5122 ORDINANCE NO. ORDINANCE AMENDING CITY CODE TITLE 7, ENTITLED FIRE PREVENTION AND PROTECTION, AND TITLE 17, ENTITLED BUILDING AND HOUSING TO ESTABLISH FIRE AND LIFE SAFETY REQUIREMENTS FOR NEW AND EXISTING GROUP A-2 OCCUPANCIES. WHEREAS, City code section 7-1-1 adopts the International Fire Code and City code section 17-1-1 adopts the International Building Code; and WHEREAS, City code section 7-1-2 amends sections of the International Fire Code and City code section 17-1-3 amends sections of the International Building Code; and WHEREAS, the City wishes to provide minimum thresholds for automatic fire sprinkler systems, fire alarm systems, and exit width openings in Group A-2 occupancies; and WHEREAS, it is in the best interest of the City to adopt the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 7, entitled "FIRE PREVENTION AND PROTECTION", Chapter 1, entitled "Fire Code," is hereby amended as follows: Section 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5. A. Existing A-2 Occupancies with an occupant load of 300 or more shall comply with sections 903.2.1.2, 907.3.1, and 907.3.1.9 by July 1, 2012. B. Existing A-2 Occupancies with an occupant load of 100 to 299 shall comply with sections 903.2.1.2 and 907.3.1 by July 1, 2017. Exception: Existing A-2 occupancies shall comply if one of the following occurs prior to the dates specified above: 1. Cumulative permitted improvements are made that exceed $25,000; or 2. There is a change in business ownership, defined as the sale, transfer, or assignment of any percentage of legal or equitable ownership interest after July 1, 2007. Section 903.2.1.2 Delete section 903.2.1.2 and insert in lieu thereof the following: 903.2.1.2 Group A-2. If one of the following conditions exist, Existing Group A-2 occupancies with ABDL and all new A-2 occupancies shall provide an automatic sprinkler system: 1) The fire area exceeds 5,000 square feet; 2) The fire area or the Group A-2 Occupancy has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. Section 907.2.1 Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An automatic/manual fire alarm system and an emergency voice/alarm communication system shall be installed in Group A-2 occupancies with occupant loads of 200 or more in accordance with Section 907.2.12.2 of the 2006 International Fire Code. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 907.3 Delete the first sentence of section 907.3 and insert in lieu thereof the following: An approved manual, automatic or manual and automatic fire alarm system shall be installed in existing buildings and structures in accordance with sections 907.3.1 through 907.3.9. Section 907.3.1 Delete section 907.3.1 and insert in lieu thereof the following: 907.3.1 Occupancy requirements. A fire alarm system shall be installed in accordance with Sections 907.3.1.1 through 907.3.1.9. Section 907.3.1.9 Add a new section 907.3.1.9 to read as follows: 907.3.1.9 Group A-2. An automatic/manual fire alarm system and an emergency voice/alarm communication system shall be installed in existing Group A-2 occupancies with occupant loads of 300 or more in accordance with Section 907.2.12.2. of the 2006 International Fire Code. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a hei9ht of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 1024.2 Delete the "exception' in Section 1024.2 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2, in assembly occupancies where there is no well-defined main exit or where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total width of egress is not less than 100 percent of the required width. 2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. 2. Titles 17, entitled "BUILDING AND HOUSING," Chapter 1 entitled "Building Code," is hereby amended as follows: Section 903.2.1.2 Delete section 903.2.1.2 and insert in lieu thereof the following: 903.2.1.2 Group A-2. If one of the following conditions exist, Existing Group A-2 occupancies with ABDL and all new A-2 occupancies shall provide an automatic sprinkler system: 1) The fire area exceeds 5,000 square feet; 2) The fire area or the Group A-2 Occupancy has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. Section 907.2.1 Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An automatic/manual fire alarm system and an emergency voice/alarm communication system shall be installed in Group A-2 occupancies with occupant loads of 200 or more in accordance with Section 907.2.12.2. of the 2006 International Fire Code. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 1024.2 Delete the "exception" in Section 1024.2 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2, in assembly occupancies where there is no well-defined main exit or where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total width of egress is not less than 100 percent of the required width. 2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATIONS. The violation of any provision of this Ordinance is a municipal infraction. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the v<;llidity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect July 1, 2007. Passed and approved this _ day of , 2007. MAYOR ATTEST: CITY CLERK sue/ordres/A~20ccOrd.doc Approved by ~~ \.-~ '-t -/ ~ ,C) 1- City Attomey's Office :#~ City of Iowa City City Council - April 16, 2007 Fire&. Life Safety GROUP A-2 OCCUPANCIES Definitions .Group A-2 occupancy . bars, restaurants, and nightclubs .Group A-2 occupancies with a State of Iowa alcoholic beverage division license . occupancies identified for recommended fire and life safety improvements Nationally . . . .Structure fires in eating and drinking establishments, annual averaaes . 11,100 fires . . 5 civilian deaths ._ .' ::: .'~ . 189 civilian injuries ~ . 153.1 million dollars in direct property loss Sour.:e: Notionol..lilll8lCOootiedon 1994.I\l98NFIRS.ndNFPA 'UJ'\~\, 1 5 deadliest nightclub fires in U.S. \~ ' +Coconut Grove nightclub, Boston, MA, Nov. 28, 1942, 492 killed . Rhythm Club dance hall, Natchez, MS, April 23, 1940, 207 killed . Beverly Hills Supper Club, Southgate, KY, May 28, 1977, 165 killed . The Station nightclub, West Warwick, RI, February 20, 2003, 100 killed . Happy Land social club, Bronx, NY, March 25, 1990,87 killed Local history .60 James, 1988 .60 James, 1992 . Hamburg Inn, 1994 . The Mill, 1997 . Mondo's, 2000 (Bread Garden & Sav.{Loan building) . The Sports Column, 2000 . Vito's, 2000 + The Tobacco Bowl, 2001 + Union Bar (fire stunt), 2002 + ETC (fire stunt), 2002 + College Street Billiards, Hall Mall, 2002 + Easy Place, 2003 Group A-2 project goals . Prevent fire ignition; Manage fire impact . Minimize fire-related injuries and prevent undue loss of life . Minimize fire-related damage to the building, its contents, and its historical features and attributes . Minimize undue loss of business operations due to fire-related damage 2 City staff recommendations Iii Automatic fire sprinklers . In new and existing Group A-2 with State of Iowa ABDL where one of the following exists: . Fire area exceeds 5,000 square feet; . Fire area is on a floor other than the level of exit discharge; . The fire area or the Group A-2 occupancy has an occupant load of 100 or more Automatic fire sprinklers . Quaiifications: . Existing A-2 with ABDL with an occupant load of 100 to 299 not required to upgrade until ten years after adoption, unless: . Cumulative permitted improvements are made that exceed $25,000.00; or . Any change in business ownership; or . Change of occupancy to a new A-2. . Existing A-2 with ABDL with an occupant load of 300 or greater shall comply within five years of adoption 3 Emergency voice/alarm system . Emergency voice/alarm system In new Group A-2 with State of Iowa ABDL and D.L. 200 or more . Activation of the fire aiarm shall additionally cause: . illumination of the protected premises to not less than 10 foot candles over the area of the room at a height of 30 inches; and . all conflicting or confusing sounds and visual distraction to automatically stop Emergency voice/alarm system , + Emergency voice/alarm system in existing Group A-2 with State of Iowa ABDL and D.L. 300 or more . Activation of the fire alarm shall additionally cause: . illumination of the protected premises to not less than 10 foot candles over the area of the room at a height of 30 inches; and . all conflicting or confusing sounds and visual distraction to automatically stop Main entrance/exit width . Main entrance/exit width of new A-2 occupancies to accommodate not less than two-thirds of the total occupant load . Per table 1005.1 of the rBe & IFC ~. ~ -......_-~-- 4 Who will this affect and what will it cost? i +46 existing businesses would require automatic fire sprinklers + Three local fire sprinkler contractors were asked to estimate aboveground retro fit costs. Estimates ranged from: . $2.31 to $5.78 per square foot * 'COlltoflMlwunarground,ltNqulred,l,notlncluded Examples i +:;. -.- =. - P!IlSQ."', _.~ TheAorlner Fi",Spml<l... $23,322.00 $5.47 Thl!AiriO"ler ""Unclei'Qr'l:lUnd $14,000.00 -~~ Fi"'SpoirOder $24,208.00 $2,]1 , ~EyedJa':;;'! R"'Spr1r1k1er $<16,648.00 $4,138 .1.~r-.glW<>stoMesand,_fcraootalof4.267squilrefeet,The_li"" I01heCll\'moInooOirltnnSlreelreplacementC05tincludl"!lweetandSl<lowolkCllflCl'ne .2.~r-.g<rleSlDlyand,tIOoSeTlOntfcr.wtillofl0,'l8Csqu,o",IM.The",",b"ll .._supplyllne_l....en<:o.JghlCsupplVtl'lenrespinkjer~. .3,EstImatedoostherelOprotectt!'nlo(3}stcr\es,._on.combustible'lIicspace for.tolaIof9.600~~Replacemernof1heLnderQrcu1dsupplylineiSrequire:l .rodnatlndLXledln1heesb(ll4tl! Who will this affect and what will it cost? I +19 existing businesses would require emergency voice alann systems . Three local fire alarm contractors estimate the cost of a standard fire alarm system capable of protecting most any I.c. bar or nightclub to be $4,000 for the equipment plus another $1,500 to $2,000 to install. Voice alarm system, add $2,000 to $2,500. 5 Who will this affect and what will it cost? I ~. - Sta1cWdn",...rm equipment L1bor to inStall S'l,ooO.oo $2,000.00 v.i!;;'.larmupgrade $2,500.00 'w' $8,500.00 Source Co51..tim.lel provided by three iocally liceMed fire el.rm contraclors NOTE Existing lire alarm comrol panels mayor may nol accommodallll a vorce fire alarrn upgrade, making an upgrade cost morelhan S2,500, Ig The Summit received a vo,ce alarm upgrade bid of S5,574 City staff proposals exist in other model codes Fire sprinklers in assembly occupancies with D.L. of 100 or more tI' Voice alarm systems in assembly occupancies with O.L. of 300 or more Though not adopted by the City of Iowa City, these provisions are found in the 2006 editions of NFPA 101, the ute Safety Code and NFPA 1, the Uniform Fire Code. The Ufe Safety Code is adopted by Clinton, Council Bluffs, and West Des Moines, IA ./ Exit widths to accommodate 213 of the O,L. in new assembly occupancies ./ Alarm and sprinkler requirements apply to both new and exIsting occupancies Staff recommended loan and grant program . Eligible businesses . Existing A-2 occupancies with alcoholic beverage division license (approximately 54 businesses) . Enrollment period Sixty months (S years) from effective date of ordinance (July 1, 2007) Work and construction contracts to be approved by the Oty prior to the start of work Work started or signed construction contract within 60 months . Eligible fire and life-safety improvements . Materials and labor to install: fire sprinkler system, underground fire sprinkler water service jine upgrade, and fire alarm equipment 6 Staff recommended loan and grant program . Grant program . Grant amount to be equal to tile lesser of 50% or $20,000 . Loan program Loan not to exceed $20,000 No to lOw interest loan depending on the payment options Term of loan not to exceed 10 years lien required against the property prior to loan Cost of the lien (origination fees, etc.) to be paid by the property owner Change of ownership would reQuire loan to be paid in fuh Economic hardship loan. Available upon a findln~ by the City ~~~~8~~;~~i~~~~'n~:~~lr ~e~~ aS~iness to close. A hardshIp loan would prOVide finanCing flexIbility In determining loan amount, term, and rate of interest to suP\XIrt the finanCial vlablhty of the buSiness. 7 "Serving with Pride and Professionalism Since 1872" . , \' ,\\ " \ l,i ~_'''ji: !. ~ . ' /~(~?"" ,p"""/ .'.; ~[st'\~' . / /,' i ~---\-:'\ . . ' - 20 IOWA CITY FIRE DEPARTMENT MEMORANDUM TO: Steve Atkins, City Manager FROM: Roger Jensen, Deputy Chief ~ SUBJECT: A-2 code change chronology DATE: April 9, 2007 CC: Andy Rocca, Fire Chief ~ tb1~ - fA At your request I am providing a chronological list of the small and large group meetings and discussion venues facilitated by city staff to talk about and receive feedback regarding proposed fire and life safety amendments applicable to Group A-2 occupancies. DATE EVENT 11/6/2006 Discussion at city council 11/7/2006 Press Citizen article, "Fire Safety Rules Hot Topic" 12/4/2006 Board of Appeals hears first consideration 1/4/2007 Chamber of Commerce -local gov. affairs committee meeting 1/15/2007 KXIC, "Our Town" discussion 1/16/2007 Alcohol advisory group committee meeting 1/18/2007 Board of Appeals hears second consideration 1/29/2007 Mailing to all businesses announcing 2/13 and 2/20 town hall meetings 2/13/2007 First town hall meeting held at the library 2/20/2007 Second town hall meeting held at the library 3/5/2007 Board of Appeals votes unanimously to recommend amendments ~ -{ad ~ ~ ~td1- ~.~ dmd=~~ ~ ~L ~--- . ~~.Ar~~ ~O;~. I ~ 1 f~iiI~'t '-~~aaJ' ..... .. ~ CITY OF IOWA CITY MEMORANDUM Date: To: April 3, 2007 From: City Council Doug Boothroy, Director, Housing and Inspection Services Andy Rocca, Fire Chief Tim Hennes, Sr. Building Inspector Roger Jensen, Deputy Fire Chief Proposed life-safety amendments for A-2 Occupancies Re: Attached is a summary of the proposed life safety amendments for existing and new A-2 Occupancies and list of existing A-2 occupancies identifying how they are affected by the proposed code changes. Also attached is staffs recommendation for a Fire and Life-Safety Improvement Loan and Grant Program for Existing A-2 Occupancies with Alcoholic Beverage Division License. Hisbldglmemoslth4-16-o7a2ord.doc 2006 International Fire and Building Code Proposed Life-Safety Amendments for Existina A-2 Occupancies (Eating/Drinking Establishments) Backaround: The departments of Fire and Housing Inspection Services have determined that existing eating/drinking establishments that do not comply with current life-safety standards (i.e. 2006 Building/Fire Codes) are a distinct, significant, and on-going life-safety risk within the community. Therefore, the departments recommend the 2006 International Fire and Building Codes be amended to require retrofitting all existinq A-2 occupancies with State of Iowa Alcoholic Beveraqe Division license. The code amendment recommendations are the minimums necessary to "do the job" addressing life-safety issues in existing Iowa City eating/drinking establishments. The enormity of this effort is recognized, and, therefore, the recommendations include time to comply, as well as financial assistance to encourage timely compliance. Recommendations Existina A2- Occupancies 1. Businesses with 300 or more occupant load will be required to retrofit the following life- safety standards within five years of adoption: a. Automatic sprinkler systems; and b. Automatic/manual fire alarm systems with emergency voice/alarm communications systems. In addition, upon activation of the alarm system, illumination of the premises to 10 foot candles at a height 30 inches above the floor and all conflicting or confusing sounds and visual distractions automatically stopped; and 2. Businesses with 100 to 299 occupant load will be required to retrofit the following Iife- safety standards within ten years of adoption unless one of the following occurs: . Cumulative permitted improvements are made that exceed $25,000; or . Any change of business ownership. The following life-safety standards are required to be retrofitted within ten years: a. Automatic sprinkler system; 3. Financial assistance program to be provided by the City to help businesses defer the financial hardship. Hisadm/061Ife-safetyamds.doc 3/29/2007 Existing A-2 Occupancy Evaluation Matrix Related to Proposed 2006 International FirE! & Building Code Life-Safety Amendments Y = Work Needed N = No Work Needed Voice Occupant Sprinkler Alarm . List of Affected A.2 OccuDancles Load System Rq'd System 1 808 Restaurant/Nightclub 176 y N 2 The Airliner 265 Y N 3 American Legion #17 140 Y N 4 Aoeshe 156 Y N 5 Atlas World Grill 165 Y N Bob's Your Uncle 6 749 Mormon Trek Blvd. 168 y N 7 Carlos O'Kelly's 299 Y N 8 Colonial Lanes Snack Bar 502 Y Y 9 The Deadwood 218 y . N 10 Dublin Underground, Inc. 57 Y . N 11 Eagles FOE #695 315 Y Y 12 EI Ranchero Mexican Restaurant 161 Y N 13 Elks Club #590 205 Y N 14 Etc. 178 Y . N 15 Farres 200 Y N 16 First Avenue Club, Inc. 500 N Y 17 Fitzpatrick's 116 Y N 18 Givanni's Italian Cafe 147 Y N 19 Godfathe~s Pizza 170 . Y N 20 Grizzly'S Southside Pub & Grill 265 Y N 21 The Ground Round 192 Y N 22 India Cafe 100 Y N 23 Iowa City Yacht Club 119 Y N 24 It's Brothers Bar & Grill 730 N Y 25 Joe's Place 318 Y Y 26 KandyLand 120 Y N 27 LaCasa 300 Y Y 28 Los Portales 161 Y N 29 Micky's 120 Y N 30 The Mill 325 Y Y 31 Moose Lodge 1096 476 N Y 32 Old Capitol Brew Works & Public H 394 Y Y 32 One-Eyed Jake's 299 Y Y 33 One Twenty Six 105 Y N 34 Pagliai's Pizza 113 Y N Panchero's Mexican Grill 35 32 S. Clinton SI. 62 Y N 36 The Picador 339 y Y 37 Pizza Hut #4358 116 Y N 38 . Quality Inn & Suites - Highlander Co. 971 Y Y 39 The Que Bar 458 . Y Y 40 Quinton's Bar & Deli 149 Y N 1 hisbldg/establishmentlist2.xls -.-- ..~-",--^,-,--"._----~~-- --.------------------...-.---. --_.~--,-_.~-_._~~._..-,._---- ._- 3/29/2007 Voice Occupant Sprinkler Alarm List of Affected A.2 OccuDancles Load System Rq'd System 41 Restaurant Verde 144 Y N 42 Rick's Grill & Spirits 120 y N 43 Sanctuary Restaurant 132 y N 44 Speak Easy 311 N Y 45 Sports Column 550 N Y 46 Studio 13 230 Y N 47 The Summit 736 N y 48 Third Base Fieldhouse 420 N y 49 The Union 854 Y Y 50 VFW Post #3949 197 Y N 51 The Vine Tavern 170 Y N 52 Vito's of Iowa City 320 N Y 53 Wig & Pen Pizza Pub 154 Y N Total Y's = 46 19 2 hisbldg/establishmentlist2.xls \ 2006 International Fire and Building Code Proposed Life-Safety Amendments for New A-2 Occupancies (Eating/Drinking Establishments) Recommendations: New A-2 OccuDancles 1. 2006 Code Update: An automatic sprinkler system shall be provided for occupant loads of 100 or more in lieu of 300 or more as required in the 2003 code. 2. Proposed amendments to the 2006 Codes that would affect A-2 Occupancies for new construction: a. Require automatic/manual fire alarm systems with emergency voice/alarm communications systems when an occupant load is 200 or more. In addition, upon activation of the alarm system, illumination of the premises to 10 foot candles at a height 30 inches above the floor and all conflicting or confusing sounds and visual distractions automatically stopped. Change Summary: The requirement for a manual fire alarm system is exempt in the 2006 Code when the building is equipped with an automatic sprinkler system. The amendment would require it for A-2 occupancies regardless of the exemptiqn. Also, the requirement for the system to be automatic, premises to be illuminated and the requirement for sounds and visual distractions to cease. are new requirements. b. Require the main entrance/exit to accommodate 2/3 (66%) of the total occupant load. Change Summary: The amendment would require the main exit width be calculated using 2/3 (66%) of the occupant load in lieu of Y, (50%), effectively requiring exits to be wider than what the code allows. Hisadm/06Itfe-safetyamdsnew.doc Fire and Life-Safety Improvement Loan and Grant Program for Existing A-2 Occupancies with an Alcoholic Beverage Division License (ABDL) (Staff recommendations) Ellalble Businesses Existing A-2 occupancies with an ABDL (approximately 54 businesses). Enrollment Period . Sixty months (5 years) from effective date of ordinance (July 1, 2007) . Work and construction contracts to be approved by the City prior to start of work. . Work started or signed construction contract within 60 months. Ellalble Fire and Llfe-5afetv Imorovements The cost of materials and labor to install: sprinkler systems, fire service line upgrade and alarms. Grant Proaram Grant amount to be equal to the lesser of 50% or $20,000. Loan-Proaram · Loan not to exceed $20,000. . _ No to low interest loan depending on the payment options. · Term of loan not exceed 10 years. . Lien required against the property prior to loan. . Cost of lien (e.g. origination fees, etc.) to be paid by property owner. . Change of ownership would require loan to be due and paid in full. . Economic hardship loan. This loan would be available upon a finding by the City that the cost for the fire and life-safety improvements results in a severe hardship preventing reasonable revenue that may cause a business to close. A hardship loan would provide financing flexibility in determining loan amount, term, and rate of interest to support the financial viability of a business. Distribution of Funds Completion of work approved by the City or "pay as you go" with City approval of contractor's statement. 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