HomeMy WebLinkAbout2007-05-01 Ordinance
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Prepared by: Drew E. Westberg, Plan~i!lQlhtem, 410 E. Washington Street, Iowa City, IA 52240; ~-356-52~
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AN ORDINANCE RE ONING APPROXIMATELY OF PR~SRTv-l
LOCATED AT 828 E WASHINGTON STREET FROM NEIGHBORIiOOD.:2
STABILIZATION RE IDENTIAUCONSERVATION DISTRICT OVERLAVLi ~RNSo:.:
20/0CD) ZONE TO PLANNED DEVELOPMENT OVER Y/NEIGHB~HOolf'
STABILIZATION RESI ENTIAUCONSERVATION DISTRICT VERLAY (OP'D/RNS~
20/0CD) ZONE (REZ07- 00003)
ORDINANCE NO.
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WHEREAS, the applicant, Ipha Chi Omega House Corpor ion, has requested a rezoning to
rebuild the structure demolishe by a tornado on property 10 ted at 828 E Washington Street;
and
WHEREAS, the property is c rrently zoned Neighbo ood Stabilization Residential/Overlay
Conservation District; and
WHEREAS, the Sensitive Areas Ordinance requir a rezoning and approval of a Sensitive
Areas Development Plan as the pr osed develop ent impacts critical and altered protected
slopes; and
WHEREAS, an Engineer has proved sign documentation attesting to the stability and
safety of post construction slopes; and
WHEREAS, the Comprehensive Pia in des goals to preserve the integrity of existing
neighborhoods, the historic nature of older e' hborhoods, and balance housing types within older
parts of the City; and
WHEREAS, the proposed developme eets and abides by all applicable regulations of Title
14 of the Iowa City City Code; and
WHEREAS, after public hearing d du consideration, the Iowa City Plan and Zoning
Commission has recommended appr al of the roposed rezoning.
,NOW, THEREFORE, BE IT 0 AINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. Th property describ below is hereby reclassified from its current
zoning classification of Neighbo ood Stabilization R sidential/Conservation District Overlay(RNS-
20/0CD) to Planned Develop ent Overlay/ Neighbo ood Stabilization Residential/Conservation
District Overlay(OPD/RNS-2 /OCD):
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The East 65 feet of the ~rth 62 Y:i feet of Lot Six (6), a the East 59.51 feet of the South 87 Y:i
feet of Lot Six (6), in B)6ck Three (3), in Iowa City, Iowa, ccording to the recorded plat thereof,
and including Lots Se/en (7) and Eight (8) in Block Three ( ,in Iowa City, Iowa, according to the
Recorded plat there9f.
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SECTION II. ZONING MAP. The building official is hereby a thorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to t is amendment upon the final
passage, appp6val and publication of the ordinance as approved by I .
SECTION III. CERTIFICATION AND RECORDING. The City Cle is hereby authorized and
directed te/certify a copy of this ordinance, and record the same in 'the Office of the County
Recorderi Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and
pUblicar6n of this ordinance, as provided by law.
SE TION IV. REPEALER. All ordinances and parts of ordinances in conflict with the
provisi $ 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. rThis Ordinance shall be i effect after its final passage,
approval and publication, as provided by1law.
Passed and approved this _ da,\ of , 20 .
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Ordinance No.
Page 2
MAYOR
ATTEST:
CITY CLERK
ppdadmlorcl/rez07..o0003 AXO E Wash.doc
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Drew E. Westberg, Planning Intern
Item: REZ07-00003Alpha Chi Omega
828 E. Washington Street
Date: April 5, 2007
GENERAL INFORMATION:
Applicant:
Alpha Chi Omega House Corporation
55 N. Westminster SI.
Iowa City, IA 52245
Contact Person:
Dan Broffitt
Neumann Monson Architects
211 E. College SI.
Iowa City, IA 52240
Phone:
(319) 338-7878
Requested Action:
Rezoning from RNS-20/0CD (Neighborhood
Stabilization Residential/Conservation District
Overlay) to OPD/RNS-20/0CD (Planned
Development Overlay/Neighborhood Stabilization
Residential/Conservation District Overlay)
Purpose:
To allow for the construction of a 47-resident sorority
house that will require grading of critical and altered
protected slopes.
Location:
828 E Washington Street
Size:
0.77 acres
Existing Land Use and Zoning:
RNS-20/0CD (Multi-family Neighborhood
Residential Stabilization/Conservation District
Overlay)
Surrounding Land Use and Zoning:
North:
South:
East:
West:
Residential - RNS-20
Residential - RNS-20
Residential- RNS-12
Residential - RNS-20
Comprehensive Plan:
Residential 16 to 24 Dwelling Units per Acre
File Date:
March 14,2007
April 28th, 2007
45 Day Limitation Period:
BACKGROUND INFORMATION:
The applicant, Alpha Chi Omega (AXO) House Corporation, is requesting a rezoning to apply a
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Planned Development Overlay for a Sensitive Areas Development to the Neighborhood
Residential Stabilization/Conservation District Overly (RNS-20/0CD) zone at 828 E. Washington
Street. The sorority house was severely damaged by the April 13th tomado and was subsequently
razed. The applicant intends to rebuild the sorority house and include a two-story parking
structure to accommodate parking needs on-site. To fit the proposed sorority house, parking
structure, and driveway onto the property more than 35% of the critical slopes (slopes of 19 to
39%) as well as portions of the protected slopes (40% grade or steeper) are proposed to be re-
graded. The disturbance of more than 35% of the critical slopes and the grading of previously
altered protected slopes require a sensitive areas development plan and rezoning to assure that
the proposed grading does not create erosion or landslides.
The property is also located within the College Hill Conservation District, making the architectural
design of the new AXO house subject to Historic Preservation Commission (HPC) approval. It
should be noted that approval of the Sensitive Areas Overlay Plan would be subject to HPC
approval of the specific building plans.
ANALYSIS:
Current Zoning: The current RNS-20/0CD zone was created to stabilize and preserve the
character of older neighborhoods containing a mix of housing options. Fraternal Group Living
uses, such as the AXO house, are provisionally allowed in the zone. For Fraternal Group Living
uses, the RNS-20 zone allows one occupant per 550 square feet of lot area and 300 square feet
of floor area. The proposed occupancy of 47 meets these requirements. With the exception of
building height, the plan meets the dimensional requirements of the zoning code. The applicant
has indicated that they will be seeking a minor modification from the Building Official to allow a
slight increase in building height above the 35 feet allowed in the in RNS-20 zone.
Due to its location within the Central Planning District and the Conservation District Overlay zone,
the proposed multi-family structure is subject to additional building and site design standards.
These standards are intended to promote safe, attractive, pedestrian-friendly neighborhoods.
Their enforcement will occur simultaneously with HPC review.
Sensitive Areas Ordinance: The intent of the Regulated Slopes section of the Sensitive Areas
Ordinance is to protect the stability of potentially erodible slopes from development activities and
to preserve the scenic character of wooded hillsides. Generally, protected slopes of over 40% are
to be avoided and protected with a buffer at the top and bottom of the slope. Development within
critical slopes is discouraged but not prohibited. The ordinance makes a distinction between
natural protected slopes and previously altered protected slopes. While no development activity is
allowed on natural protected slopes, altered protected slopes may be further altered provided the
applicant demonstrates that the resulting slope will be stable and that the alteration meets the
intent of the ordinance.
In this case, the protected slopes that exist on the property fall under the category of "altered
protected slopes", as they contain retaining walls, and other man-made features that would not
otherwise be present. In addition to this physical evidence, the applicant has submitted
photographs and an engineer's statement attesting to the altered nature of the protected slopes.
It is likely that the current slopes on this property resulted from grading that was done for the
construction of the adjacent streets and the building that was once here.
The Sensitive Areas Ordinance (SAO) allows development within such altered protected slopes
provided that a professional engineer can demonstrate to the satisfaction of the City that
development activity will not undermine the stability of the slope, and that the City determines the
development activities are consistent with the intent of the SAO. The applicant has submitted a
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grading plan showing how the slopes will be altered to provide for the construction of the sorority
house, parking deck, and driveway. Retaining walls are proposed along the west, northwest,
north and south sides of the properly in order to retain the resulting slope. Storm water from the
property will de directed to the driveway near the entrance of the lower level of the parking deck
and then piped to an existing stormwater intake located in the alley to the north of this property.
The City Engineer has reviewed the proposed grading plan and has determined that the resulting
slopes are likely to be more stable post construction than the existing slopes. The applicant has
provided a signed letter from Chris Stephan, P.E. explaining the construction methods and attests
to the stability of the post-construction slopes. The letter also explains that Terracon has been
retained as the geotechnical consultant and will be conducting a soil analysis from which it will
provide recommendations for foundation work.
The intent of the SAO is to protect steep slopes that provide value in terms of habitat, aesthetics,
and/or greenway linkages. The slopes in question do not provide these benefits to any significant
degree as they are isolated slopes in an urban setting. The SAO is not intended to prevent
development on slopes such as this, provided that it can be demonstrated the development will
not destabilize the remaining slopes or create erosion on this or neighboring properties. In staff's
opinion, it has been demonstrated that the post-construction slopes will not be less stable than
those that currently exist on the property. They are likely to be more stable as a result of the
proposed grading and construction of new retaining walls.
Traffic/Access: Two driveways will provide access to the site and the parking facility, located
behind the building to the north. The Washington Street driveway access will be a new driveway.
A previous driveway that was located in the front of the former sorority building will be eliminated.
The grade of the Washington Street access will be approximately 7.5% from the street to the
parking structure and will provide both ingress and egress for that level of the parking structure.
The Governor Street driveway will provide both ingress and egress for the upper level of the
parking facility. It will be rebuilt in the location of an existing driveway shared with the property at
17 South Governor. This drive has a grade of 8% from the street to the parking structure. Initially
staff had advised the applicant to use the location of the existing driveway rather than create a
new curb cut onto an arterial street. But because of the grade and angle of the driveway and
because Governor is a one way street, a sharp left tum will be necessary for vehicles to enter this
drive. Although the City generally attempts to limit the number of curb cuts onto arterial streets,
and encourages the use of shared driveways where appropriate, the conditions in this case
appear to warrant a separate driveway. If the applicant requests a separate driveway in lieu of the
shared drive, staff would recommend its approval subject to the specifics being approved by the
City Engineer (because this portion of Governor Street is a state highway the Iowa Department of
Transportation must approve any new access).
Parking: The previous MO house provided only 8 off-street parking spaces. The proposed
parking structure would provide 35 off-street parking spaces, including two handicapped parking
spaces and an additional 9 bicycle spaces. The parking facility is subject to additional standards
regarding the location and screening of the structure. As noted in the Comprehensive Plan, infill
development within the Central Planning District should take care to create neighborhood
compatible developments. Off-street parking, therefore, is regulated to ensure that large,
expansive parking areas do not dominate an otherwise pedestrian-focused environment.
The multi-family site development standards restrict the location of off-street parking facilities to
the rear of principal buildings and require them to be hidden from view of fronting streets. Any
visible portions of the parking facilities must be screened, at minimum, to the S2 standard.
Additionally, a minimum ten-foot buffer landscaped to the S2 standard must separate the parking
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facility from any adjacent properties. The plan illustrates the necessary screening along the
northern property line and along the western portion of the parking structure. The HPC will review
the design of the structure as part of the Conservation District Overlay permit approval process.
Summary: The applicant is requesting approval of a Planned Development Overlay and
Sensitive Areas Development Plan due to construction impacts to critical slopes and altered
protected slopes. The area in question is isolated from other sensitive slopes and consequently
provides few wildlife or ecological benefits. The slopes have been previously altered and,
according to the applicant, are experiencing erosion problems. Staff feels that development of
this site, including the filling and/or cutting of these slopes, would be consistent with the intent of
the Sensitive Areas Ordinance. Further review of adherence to the multi-family design standards
for the Central Planning District will take place during Historic Preservation Commission review.
STAFF RECOMMENDATION:
Staff recommends approval of REZ07-00003, a rezoning of approximately 0.77 acres at 828 E
Washington Street from Neighborhood Residential Stabilization/Conservation Overlay District
(RNS-20/0CD) zone to Planned Development Overlay/Neighborhood Residential
Stabilization/Conservation Overlay District (OPD/RNS-20/0CD) and approval of the associated
Sensitive Areas Development Plan subject to approval building and parking structure design by
the Historic Preservation Commission.
ATTACHMENTS:
1. Location Map
2. Sensitive Areas Development Plan
3.
Approved by: At~~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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SITE LOCATION: 828 E. Washington 8t.
( * landmark) REZ07-00003
SENSITIVE AREAS DEVELOPMENT PLAN -+ ST"DARD LEGEN";:':~~;. '.n
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Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street. Iowa City, IA 52240; 319-356-5230
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 0.77 ACRES OF PROPERTY
LOCATED AT 828 E WASHINGTON STREET FROM NEIGHBORHOOD
STABILIZATION RESIDENTIAUCONSERVATION DISTRICT OVERLAY (RNS-
20/0CD) ZONE TO PLANNED DEVELOPMENT OVERLAY/NEIGHBORHOOD
STABILIZATION RESIDENTIAUCONSERVATION DISTRICT OVERLAY (OPD/RNS-
20/0CD) ZONE (REZ07- 00003)
WHEREAS, the applicant, Alpha Chi Omega House Corporation, has requested a rezoning to
rebuild the structure demolished by a tornado on property located at 828 E Washington Street;
and
WHEREAS, the property is currently zoned Neighborhood Stabilization Residential/Overlay
Conservation District; and
WHEREAS, the Sensitive Areas Ordinance requires a rezoning and approval of a Sensitive
Areas Development Plan as the proposed development impacts critical and altered protected
slopes; and
WHEREAS, an Engineer has provided signed documentation attesting to the stability and
safety of post construction slopes; and
WHEREAS, the Comprehensive Plan includes goals to preserve the integrity of existing
neighborhoods, the historic nature of older neighborhoods, and balance housing types within older
parts of the City; and
WHEREAS, the proposed development meets and abides by all applicable regulations of Title
14 of the Iowa City City Code; and
WHEREAS, after public hearing and due consideration, the Iowa City Plan and Zoning
Commission has recommended approval of the proposed rezoning.
. 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/Conservation District Overlay(RNS-
2010CD) to Planned Development Overlayl Neighborhood Stabilization Residential/Conservation
District Overlay(OPD/RNS-2010CD):
The East 65 feet of the North 62 Yz feet of Lot Six (6), and the East 59.51 feet of the South 87 Yz
feet of Lot Six (6), in Block Three (3), in Iowa City, Iowa, according to the recorded plat thereof,
and including Lots Seven (7) and Eight (8) in Block Three (3), in Iowa City, Iowa, according to the
Recorded plat thereof.
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.
Ordinance No.
Page 2
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.
0'21"7 er-doym
MAYOR -,,-
ATTEST:
CITY CLERK
ppdadmlordfrez07-<lOO03 ","0 E Wash.doc
,20 .
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 5/1/2007
Vote for passage: AYES: Champion, Correia, Elliott, 0' Donnell, W:l.iburn, Bailey.
NAYS: None. ABSENT: None. ABSTAIN: Vanderhoef
Second Consideration
Vote for passage:
Date published
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2351 South Scott Boulevard
P.O. Box 2058
Iowa City, IA 52244-2058
(319) 351-2040
(319) 351-7163 Fax
www.knutsonconstruction.com
April 23, 2007
City ofIowa City - City Council
410 E. Washington Street
Iowa City, Iowa 52240
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Re:
Alpha Chi Omega Rebuild Project
Re-zoning application
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I am writing on behalf of the Alpha Chi Omega House Corporation to request a combined 2nd
and 3'd reading for the re-zoning application ofthe property at 828 E. Washington St. This re-
zoning is a planned overlay development that deals exclusively with the re-grading of altered
protected slopes.
City staff has recommended approval of the plan, noting that they feel the re-graded slopes will
be more stable than the current existing condition. Planning and Zoning approved the application
unanimously at their April 5 meeting. Neighbors have been supportive ofthe plan and no one has
yet opposed the plan in any way.
Weare eager to begin construction as soon as possible, as the owner plans to occupy in the
summer of 2008. We have already passed historic preservation review, so this is one of the last
hurdles we must clear prior to beginning construction. Please consider condensing this hearing so
we are able to start construction sooner.
Should you have any questions regarding this request, please contact me at 319-351-2040.
Respectfully,
KNUTSON CONSTRUCTION SERVICES MIDWEST, INC.
Matthew C. Bulkeley
Project Manager
Minneapolis. MN
.
Iowa City. IA
.
Rochester. MN
AN EQUAL OPORTUNITY EMPLOYER
M-ka
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO. 07-4259
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-8) 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-B,
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-B rezoning would reduce the number of non-conforming lots due to special
bonus density provisions in the RS-B 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-B).
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. n 7 -I. ? <; 9
Page 2
Passed and approved this ~ day of May
MAYOR
cK,^_C ) ~
ATTEST: >>tt'~~ ~ ~
CI CLERK
City Attorrtey's
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Ordinance No. 07-4259
Page -2-
It was moved by Bailev and seconded by
as read be adopted, and upon roll call there were:
V;:mnprl1rH.f
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
x
x
x
x
x
X
x
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
5/9/2007
Moved by Bailey, seconded by Vanderhoef, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Correia; Elliott, O'Donnell,
Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None.
~
~
Marian Karr
From: Greer, Martha C [martha-greer@uiowa.edu]
Sent: Monday, April 23, 20072:34 PM
To: Marian Karr
Subject: request for collapsed reading
April 23, 2007
Dear City Council Members:
We are writing to request that the last two readings of the proposed rezoning of portions of South
Governor and Bowery streets be expedited and collapsed into a one final reading at the May I st City
Council meeting.
At both the Planning and Zoning hearing on March 15th and at the City Council public hearing on April
16th, strong support was present for this rezoning application and no opposition was voiced. Many
residents in the affected area are planning renovation/restoration projects contingent on the final
approval of this rezoning. As it is the season for securing contractors and getting design approval
through the Historic Preservation Commission, it would be helpful to the residents in this area to
collapse the two final readings at the next City Council meeting.
Thank you for your consideration. Our neighborhood is appreciative of the tools provided by the City of
Iowa City that have allowed our area to become a strong neighborhood once again.
Sincerely,
Suzanne Bentler
Martha Greer
Co-Applicants
4/23/2007
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
April 23, 2007
Pat Harney, Chair
Johnson Count Board of Supervisors
913 S Dubuque Street
Iowa City, IA 52240
Re: Kansas Avenue Rezonings
Dear Pat imd Members of the Board:
The City ofIowa City has reviewed an application from Tyler Rogers for a rezoning of
approximately three (3) acres from County Residential to County Agricultural
concurrently with a rezoning of three (3) additional acres from County Agricultural to
County Residential, both located west of Kansas Avenue SW, approximately Y. miles
south ofIWV Road in Union Township. The Iowa City/Johnson County Fringe Area
Agreement allows the City to comment on rezoning applications within the fringe area.
Because this property is near the Iowa City Landfill we are requesting that any rezoning
or subdivision contain a condition that should future landfill operations be located within
1,000 feet of the property, the property owners will consent to the City providing an
alternative water source in lieu of a well within the subdivision if it is determined to be
necessary by state or federal regulatory requirements. With such a condition, the Iowa
City City Council recommends the rezoning application submitted by Tyler Rogers be
approved.
W~
Ross Wilburn
Mayor
PcdlslstalIreport/cz07-0001-1etter
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April 23, 2007 \
\
Pat Harney, Chair \,
Johnson Count Board. 'If Supervisors
913 S Dubuque Street \
Iowa City, IA 52240 \
,
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Re: Kansas A venue ReZO~ngs
Dear Pat imd Members of th~Board:
/
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CITY OF IOWA CITY
410 East Washington Street
Iowa-City, Iowa 52240-1826
[~19) 356-5000
,{319) 356-5009 FAX
/
1/ www.icgov.org
The City ofIowa City has revi wed an 'application from Tyler Rogers for a rezoning of
approximately three (3) acres fr m County Residential to County Agricultural
concurrently with a rezoning of ee (3) additional acres from County Agricultural to
County Residential, both located' est of Kansas Avenue SW, approximately Y. miles
south ofIWV Road in Union To ship. The Iowa City/Johnson County Fringe Area
Agreement allows the City to co nt on rezoning applications within the fringe area.
Because this property is near the low City Landfill we are requesting that any rezoning
or subdivision contain a condition that houId future landfill operations be located within
1,000 feet of the property, the property wners will consent to the City providing an
alternative water,source in lieu ofa well ithin the subdivision ifit is determined to be
necessary by state or federal regulatory re uirements. With such a condition, the Iowa
City City Council recommends the rezonin application submitted by Tyler Rogers be
approved.
Sincerely,
Ross Wilburn
Mayor
Pcd/s/staffreportJcz07 -000 I-tetter
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City of Iowa City
MEMORANDUM
Date: April 19, 2007
To: Planning & Zoning Commission
From: Drew E. Westberg, Planning Intern
RE: CZ07-00001 Kansas Avenue
The applicant, Tyler Rogers, is requesting that 3 acres of County Agricultural (A) land be
rezoned to County Residential (R) concurrent with the rezoning of 3 acres of nearby property
from R to A. The subject properties are located west of Kansas Avenue SW, approximately Y.
miles south of IWV Road SW in Union Township. This area is within two miles of the City's
Corporate Limits and is therefore, subject to the Fringe Area Policy Agreement, which
requires that the City comment on rezonings within its extra-territorial jurisdiction.
Both areas included in this rezoning request are currently used for pasture. The residential
zoning for the southern 3 acres was approved by the County in 1972. If the rezoning is
approved, the applicant intends to subdivide the northern area into three (3) one-acre lots.
The applicant has indicated that the northern property where he is seeking residential zoning
has better topography to build a street to provide access the proposed lots.
Fringe Area Policy Agreement: The Fringe Area Policy Agreement Between Johnson
County and Iowa City, is designed to guide land use development in ways that are beneficial
to both the City and County. The subject property is situated within Fringe Area C of the
Fringe Area land Use Plan but is not within the City's long-Rage Growth Boundary. The
property is subject to Fringe Area C guidelines which state, "In the portions of Area C which
are not within Iowa City's growth area and which are zoned for non-farm development,
development may occur in conformance with Johnson County's Unified Development
Ordinance and City Rural Design Standards. Until otherwise changed by amending this
agreement this area shall be restricted to those uses consistent with a Rural/Agricultural
area....." This statement indicates a preference to maintain agricultural property and limit
residential development within this area. In this case the applicant is requesting to transfer
development rights from an area where they were previously approved, to a near by area
that has better road access. The previously zoned residential area would be rezoned to the
County's agricultural designation. Johnson County staff does not believe that approval of
this rezoning would set a precedent for retiring agricultural land within the fringe area as
there will be no net loss of agriculturally zoned land.
In Staffs opinion, the requested rezoning is in keeping with the spirit of the Fringe Area Policy
Agreement. The requested action takes place well beyond the City's projected growth
boundary. Approval of the application will not result in the loss of agriculturally zoned land.
July 6, 2006
Page 2
STAFF RECOMMENDATION:
Staff recommends that Council forward a letter to the Johnson County Board of Supervisors
recommending approval of an application submitted by Tyler Rogers to rezone 3 acres of
property located on the west side of Kansas Avenue from County Agricultural (A) to County
Residential (R) and the rezoning of 3 acres nearby property from R to A.
ATTACHMENT:
Location Map
Approved by:
/~~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
CITY OF IOWA CITY ~
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SITE LOCATION: Kansas Avenue CZ07-00001
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Prepared by: Marian Karr, City Clerk, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5041
ORDINANCE NO. 07-4260
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 Chief's 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 deieted and the
following substituted in lieu thereof:
E. The Police Chief's 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 1 s t day of
Mav
,2007.
ATTEST:
~A".A'<)
TY CLERK
i! ~AA)
u:;G:k
@(-/]~~
MAYOR
City Attorney's Office
...r J.;z..., ) () 7
. f
Ordinance No. CFl-4260
Page ~
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
Correia
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
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
5/9/2007
Moved by Vanderhoef, seconded by Correia, that the rule requ~r~ng ordinances to considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Correia, Elliott, O'Donnell,
Vanderhoef, Wilburn, Bailey, Champion. NAYS:None. ABSENT: None.
.7/
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 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.
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 validity 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
Approved by
~~ '-t -/<l __0 i-
City Attomey's Office
suelordreslA-20ccOrd.doc