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HomeMy WebLinkAbout1989-05-02 OrdinanceORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REZONING APPROXIMATELY 28 ACRES ALONG HIGHWAY 1 WEST FROM I-1 TO CC -2. WHEREAS, a 28± acre tract of land, located north and west of the Iowa City Municipal Airport, on Highway 1 West is presently zoned I-1; and WHEREAS, the Comprehensive Plan for the City of Iowa City has been amended to show a general commercial land use designation on this tract; and WHEREAS, abutting properties are undeveloped or are developed commercially; and WHEREAS, Chapter 414.5 of the Code of Iowa permits a city to impose certain conditions in rezoning cases where it can be shown that the conditions are reasonable and are imposed to satisfy public needs which are directly caused by the proposed rezoning; and WHEREAS, the City of Iowa City has, as part of its Comprehensive Plan, a policy to preserve and enhance the entranceways to Iowa City; and WHEREAS, Highway 1 West is the major entranceway to Iowa City from the Southwest; and WHEREAS, the commercial development of the site in question will generate more traffic than would industrial development of the site, thus requiring certain capital improvements; and WHEREAS, the Joseph Company, developer of the site, has agreed to certain conditions to conform to the City's policy regarding entranceways and to assume financial responsibility for certain off- site improvements related to the anticipated traffic from the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. ZONING AMENDMENT. Subject to the terms and conditions of the Conditional Zoning Agreement, attached as Exhibit A, the property described in Exhibit B is hereby reclassified from its present classification of I-1 to CC -2. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed Ordinance No. Page 2 to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign and the City Clerk to attest and record in the office of the Johnson County Recorder this ordinance and the Conditional Zoning Agreement attached hereto. 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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 required by law. Passed and approved this MAYOR ATTEST: CITY CLERK Approved as to Form Oegal Department y } 7-oy EXHIBIT A CONDITIONAL ZONING AGREEMENT This Agreement is entered by and between The Joseph Company ("Joseph Company") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, Joseph Company has applied for rezoning a 28.084 acre parcel of land from Industrial, 1-1 to Commercial, CC -2 located on the south side of Highway 1 West and legally described in Exhibit B attached hereto and incorporated herein by reference. WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City, Iowa; I and i i WHEREAS, Highway 1 West is a major entranceway to Iowa City from the southwest and increased traffic is anticipated if this rezoning request is granted; and WHEREAS, Iowa law provides that the City of Iowa City may Impose reasonable conditions on ! ; granting Joseph Company's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, Joseph Company acknowledges that certain conditions and restrictions are appropriate in order to lessen the Impact on this major entrance to the City, and acknowledges I responsibility for certain capital Improvements to accommodate Increased traffic. i THEREFORE, the Parties agree as follows: 10 95 2 A. General Conditions 1. Parties acknowledge Iowa City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City. Joseph Company agrees and acknowledges this policy is reasonable, proper and appropriate under the circumstances. i I 2. Parties agree Highway 1 West is a major entranceway to Iowa City from the southwest. Joseph Company acknowledges the City's policy concerning entranceways governs this rezoning request. To this end, Joseph Company agrees to provide certain amenities over and above City regulations in order to lessen the impact on the surrounding area, more particularly described below. 3. Parties acknowledge and agree that the proposed rezoning from 1.1 to CC -2 will I permit commercial uses, not otherwise contemplated under 1.1 zoning, and that the rezoning request herein will generate higher traffic than : under I- i 1. Joseph Company agrees that, In order to lessen the Impact on the surrounding area, it will construct certain capital Improvements, more particularly j I i described below. B. Conditions - Amenities 4. Joseph Company agrees that the ±28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site, will be developed as a cohesive, Integrated development with one major entrance on Highway 1 West. � 9.s 3 Nothing in this Agreement shall preclude a secondary entrance at the eastern boundary of the Site Development. 5. In order to lessen the Impact on one of the major entrances to the City, Joseph Company agrees that the Development Site will substantially conform to the Conceptual Site Plan dated April 20, 1989 and by reference made a part hereto. This Plan includes and shall satisfactorily address the following concerns: a. Joseph Company agrees that no more than two (2) free-standing signs will be permitted on the Development Site, as shown on the Conceptual Site Plan dated April 20, 1989 and Incorporated herein by reference. b. Signage on the wall of Anchor No. 1 facing Highway 1 West is prohibited. I' C. Signage on the rear wall of Anchor No. 1 is prohibited. j d. Arborvitae screening shall be placed along the southwest boundary of the Development South of the frontage road, as shown on the Conceptual Site Plan. II e. All lighting shall be downcast, and all signage shall be Internally Illuminated. j f. Plantings along the right-of-way shall be a mix of deciduous trees with varied groupings of evergreens, as shown on the Conceptual Site Plan. i 1095.....'. 4 g. Low-lying evergreen landscaping shall be deemed appropriate along the major entrance to the Development Site from Highway 1 West. 6. Parties agree that the Conceptual Site Plan dated April 20, 1989 will be subject to modifications within the general parameters of the Conceptual Site Plan, such as structural dimensions and tree species. Parties further agree that any I modifications departing from this Conceptual Site Plan must and shall be subject i to staff review and approval. Parties also agree that nothing in this Agreement shall be construed to require Joseph Company to conform to the Conceptual Site Plan in every detail, since the Plan is intended as conceptual in nature due, In part, to the fact that only one of the anchors are currently Identified. i Dimensional changes are therefore anticipated. Parties further agree that the Conceptual Site Plan shall govern the Development Site, and that neither Party may intentionally digress from this Conceptual Site Plan for any arbitrary reason. I, 7. Joseph Company agrees that the final design of the Development Site shall i provide facades In the retail centers that are compatible and that provide horizontal continuity, as shown on the drawings presented to the Planning and i Zoning Commission and dated April 20, 1989. 5 C. Conditions - Oft -Site Improvements a. Joseph Company agrees to assume total financial responsibility for the off-site improvements required by this Development Site, specifically: a. Any geometric changes in the Highway 1 West right-of-way associated with the major entrance; b. Signalization (traffic light) to be placed at the main entrance to the Development Site on Highway i West as shown in the Conceptual Site Pian; and C. Improvement of the north -south right-of-way east of Carousel Motors from the existing frontage road to the north boundary of the Development Site. Joseph Company agrees these improvements will be made to City standards. 9. Nothing in this Agreement shall be construed to relieve Joseph Company from complying with all applicable local and state regulations, and Joseph Company acknowledges this obligation. 10. Parties agree that this Conditional Zoning Agreement shall be deemed a covenant running with the land and shall inure to the benefit of all successors and assigns of the property being rezoned herein. Parties further agree that this Conditional Zoning Agreement shall be incorporated by reference into the Rezoning Ordinance; and that upon adoption and publication of the Ordinance, that this Conditional Zoning Agreement shall be recorded in the Johnson County Recorder's Office and shall constitute notice to the public of the above restrictions. Dated this day of CITY OF IOWA CIN By: Mayor Attest: Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNT ) 1989. JOSEPH COMPANY By: Attest: On this _ day of , 19_, before me, a Notary Public in end for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing Instrument is the corporate seal of the corporation, and that the Instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained In (Ordinance) (Resolution) No. passed (the Resolution adopted) by the City Council, under Roil Call No. of the City Council on the _ day o1 . 19_ and that John McDonald and Marian K. Karr acknowledged the execution of the Instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public In and for the State of Iowa /09s STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 19_ before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared David S. Joseph, to me personally known, who, being by me duly sworn, did say that he is the President and 'respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that (no seal has been procured by the said) corpora- tion: that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said President and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State LEGAL DEPARTMENT .?% ff EXHIBIT B WESTPORT PLAZA LEGAL DESCRIPTION Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N00^51'23"E (An Assumed Bearing), along the East Line of said Southwest Quarter 230.00 feet, to the Point of Beginning; Thence continuing NOO"51'23"E along said East Line of the Southwest Quarter, 927.17 feet, to a Point which is 500.00 feet southerly of the Intersection of said East Line with the Southerly Right -of -Way Line of Iowa Primary Road No. 1, and is the Southeast Corner of the tract of land conveyed to the City of Iowa City, Iowa, by Warranty Deed, Recorded in Deed Book 568, at Page 286, of the Records of the Johnson County Recorder's Office; Thence N89 -08'37"W, 60.00 feet to the Southwest Corner of said tract; Thence SOO.51 23 W, along a line which is parallel with and 60.00 feet Westerly of said East Line of the Southwest Quarter 133.69 feet, to the Southeast corner of Lot 1, of Ruppert Subdivision, Part One, as Recorded in Plat Book 27, at Page 15, of the Records of the Johnson County Recorder's Office; Thence N89.08'37"W, along the Southerly Line of said Lot 1, 225.71 feet; Thence N49.57'39"W, 638.66 feet, to a Point on the Southerly Right-of-way Line of Iowa Primary Road No. 1; Thence Southwesterly 8.81 feet, along said Southerly Right -of -Way Line on a 2231.9 foot radius curve, concave Southerly whose 8.81 foot chord bears 570.07113"W, to a Point which is 156.2 feet radially distant Southeasterly of the Centerline of said Iowa Primary Road No. 1, at Station 146+50; Thence 558.21'18"W, along said Southerly Right -of -Way Line 330.50 feet, to a Point which is 160.00 feet, radially distant Southeasterly of said Centerline of Iowa Primary Road No. 1, at Station 143+00; Thence 548.18'47"W along said Southerly Right -of -Way Line, 423.33 feet, to a Point which is 180.00 feet, radially distant Southeasterly of said Centerline of Iowa Primary Road No. 1, at Station 138+50; Thence S44 -00145"W, along said Southerly Right -of -Way Line, 220.30 feet, to a Point which is on the Northeasterly Limits Line of the Existing Airport Clear Zone; ThenceS49.57'39"E, along said Northeasterly Limits Line, 926.91 feet, to a Point on the North Line of the Parcel conveyed to the City of Iowa City by Warranty Deed, Recorded in Deed Book 185, at Page 321, of the Records of the Johnson County Recorder's Office; Thence N89.42'40"E, along said Northerly Line, 811.94 feet, to the Point of Beginning. Said tract of land contains 28.084 acres, more or less, and is subject to easements and restrictions of record. 4 9S City of Iowa City MEMORANDUM Date: April 12, 1989 To: Planning & Zoning Commission From: Karin Franklin, Senior Planner'] OM- #t 16W� fitma.R/a+L Re: Conditional Zoning for Westport Plaza Since the Commission has recommended the land use designation for the Westport Plaza site be changed from Industrial to General Commercial, the next step in responding to the Joseph Company's request Is to consider the specific rezoning of the land from 1-1 to CC -2. At the Informal meeting on April 3, conditional zoning was mentioned as a possibility if the Comprehensive Plan change was made. Conditional zoning, as any rezoning action, is based on a decision that a zoning change is appropriate. Conditions may then be Imposed which are "reasonable" and which "satisfy public needs which are directly caused by the requested change." (Code of Iowa Section 414.5) The Initial decision in this case is whether to rezone the 28 acres on Highway 1 West from I- 1 to CC -2. Tho Issues surrounding this question have been discussed extensively through the Comprehensive Plan amendment proceedings and in the staff report of March 16. Once one accepts the change from Industrial to Commercial, two issues emerge from the discussions which may be appropriate for the conditions of this rezoning. One addresses concerns with appearance along the Highway 1 West entrance to Iowa City and the other addresses traffic generated by the development and off-site Improvements. APPEARANCE: One concern that arises with rezoning property along a major thoroughfare to a commercial retail designation is that the development may result in a collection of small, disparate establishments. A variety of signs, drive access points, and building shapes and setbacks may also result, giving the corridor a less than cohesive look. Even though the project that is proposed is a 28 acre shopping center with Integrated design and one main entrance, the rezoning, on the face of it, does not guarantee that result. The staff suggests the following conditions: 1) The 28 acres must be developed as a cohesive, Integrated development with one major entrance, and 2) A conceptual site plan should be submitted as part of the rezoning and should address a) signage, b) landscaping, c) screening, d) lighting, and e) integrity and compatibility of building design within the overall project. G 9s OFF-SITE IMPROVEMENTS: Development of this site will require upgrading an existing access point to the property. Due to the amount of traffic anticipated by the project and the location of the entrance Immediately opposite an access point on the north side of Highway 1, turn lanes and signalization will be necessary on Highway 1 West. These Improvements should be the financial responsibility of the developer. In addition, an unimproved right-of-way, which will provide a second means of access to the easterly boundaries of the project, will need to be Improved to City standards. This improvement is not part of the City's Capital Improvements Program and should also be the financial responsibility of the developer since the improvement is precipitated by this project. A third condition is, therefore, recommended: The developer agrees to assume financial responsibility for the off-site Improvements required by this development, specifically 1) any geometric changes in the Highway 1 West right-of-way, 2) signalization at Highway 1 West, and 3) Improvement to City standards of the right-of-way east of Carouse Motors to the north boundary of the project site. Approved by: on Sdhmelser, Director Department of Planning & Program Development bdwt-1 �, 9S STAFF REPORT To: Planning & Zoning Commission Item: Z-8902. Highway 1 West. Westport Plaza. GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Prepared by: Karin Franklin Date: March 1, 1989 The Joseph Company 5001 N. University Peoria, Illinois 61614 Rezone property from I-1 to CC -2. To develop a shopping center with 222,202 square feet of retail space. South of Highway 1 West and immediately south and west of Carousel Motors. 28.129 acres. Industrial. Agriculture; I-1. North - Undeveloped; multi -family and single-family resi- dential; RM -44 and RS -5. Auto dealership; CI -1. East - Auto dealership, airport; CI -1 and P. South Airport; P. West - Undeveloped, agriculture; I-1, Clear Zone of Runway 12. File date: January 30, 1989. 45 -day limitation period: March 16, 1989. BACKGROUND: The Joseph Company proposes a development project which includes three anchor stores - a discount store of 81,922 square feet, a second anchor of 64,700 square feet, and a third anchor of 13,000 square feet. The initial phase of the project would include an additional 32,080 square feet of retail space broken down into smaller stores; accommodation is made in the plans for 30,500 square feet of retail expansion. The development includes two small outlots near the entrance to the site. The outlots are 1.5 acres and .425 acres and presumably are intended for commercial development at some time. to �� The site of the proposed project is in an area shown for industrial development in the short-range and long-range development plans of Iowa City's Comprehensive Plan. The property is zoned Industrial, I-1. Since the proposed project is for uses which are not consistent with the land use plans for this area or the uses permitted in the I-1 zone, an amendment to the Comprehensive Plan and rezoning of the property will be necessary for the project to proceed. Subdivision plat and large scale non-residential development plan approval will be required also. The policy questions posed by the change in use proposed will be addressed first. The outcome of the plan amendment and rezoning discussion will determine whether proceeding with a plat and plan are necessary. COMPREHENSIVE PLAN: The 1983 Comprehensive Plan Update indicates the projected use of the area along the south side of Highway 1 West as industrial. The Southwest Area Study, included in the plan, discusses the appropriate uses at the interchanges of Highway 1 and U.S. Highway 218, and at Melrose Avenue and the freeway. The Melrose Avenue interchange is reserved for residential development and the interchange with Highway 1 is designated for commercial and industrial uses with the northeast quadrant of the intersection shown as commercial and the southeast quadrant specified for industrial uses. Industrial Land Use Designation The rationale for the industrial classification of this land relates primarily to the availability of access, the desire for industrial opportunities in Iowa City, and a policy to encourage retail commercial development only in existing retail cores. The Highway 1 corridor provides convenient access to the existing and future interstate system through the present link to I-80 via U.S. Highway 218 and through the proposed completion of 218 as part of the interstate link between St. Louis and Minneapolis -St. Paul. Since there is no residential or commercial development between Highway 1 and the area shown for industrial growth and the site is so close to U.S. Highway 218, this is one of the few places in Iowa City where heavy truck traffic normally associated with industrial development (either warehousing or manufacturing) will not pass through or by extensive residential areas to access the freeway system. (The only other site where industrially zoned land has similar access is that which is on Old Highway 218 in south Iowa City where sanitary sewer service is not available.) Proximity to the Iowa City Municipal Airport can also be a locational advantage for siting industrial development in this area. Industry is the base of a community's economy. With a healthy industrial base, a city's commercial, service and residential sectors will grow. It is incumbent upon a city, therefore, to ensure that there are sufficient opportunities for industrial growth. One mechanism a city has to provide such assurance is to zone an appropriate amount of land for industry. With some of the factors in mind pertinent to industrial location - good access, separation from incompatible uses, large tracts of undeveloped land, relatively flat topography - the area in question was designated for industrial use to add to the pool of industrial development opportunities in Iowa City. 6 95- 3 Commercial Areas Policy A corridor with the locational attributes of Highway 1 is also very attractive for commercial retail development. In the 1978 Plan and the 1983 Update, a policy was adopted to "encourage commercial activity to take place in existing core areas or neighborhood commercial centers and discourage the proliferation of new major commercial areas." The existing cores were identified in the 1978 Plan as the Lower Muscatine/First Avenue shopping area, the U.S. 6/Keokuk commercial area, the U.S. 6/Riverside Drive/Highway 1 intersection, and the downtown. The Highway 1 corridor was not designated as an existing commercial core. Designation of this corridor for commercial uses would be inconsistent with the policy stated. Therefore, commercial development was rejected as an option for the Highway 1 West corridor and industrial development was outlined for the short -and long-range land use scheme. The zone which was subsequently placed on the 28 -acre site under consideration follows the rationale for the industrial land use designation in the Comprehen- sive Plan. PLAN AMENDMENT AND REZONING: As with any request to rezone land and amend the Comprehensive Plan, there is a presumption of validity in the existing planned land use designation and in the specific zone applied to the site. The burden of arguing for a change is on the applicant. The City may, through the advice of the Commission and the decision of the Council, judge, after adequate deliberation, that the policy of the City should change. Any change in policy and in zoning shauld be evaluated, not in the context of a particular development proposal but in terms of how the policy change and the variety of uses permitted in the zone would affect the community as a whole. In this case, the pertinent policy questions are whether to: 1. Diminish the amount of land designated and readily available for industrial use; 2. Create a new commercial core; 3. Increase the amount of retail space available in Iowa City; and 4. Encourage the development of the Highway 1 corridor for general commercial uses, including retail. Industrial Land There are approximately 631 acres zoned 1-1 in Iowa City; about 200 acres remain undeveloped. Of the 200 acres, 75 acres in south Iowa City along Old Highway 218 do not have municipal sewer service. Of all the land zoned Office Research Park (ORP) or Research Development Park (RDP), none is available for new development. Those areas designated Interim Development -ORP do not have municipal service and so are not available now for development. The University of Iowa, which could be considered our largest "industry," occupies approximately 10% of the City's land area. However, this land too is unavailable for private industrial development. G9s The City has, in its Fringe Area Policy Agreement with the County, indicated the possibility of annexation of about 100 acres east of the Business Development Incorporated Industrial Park for future industrial development. Inquiries have been received from private entities regarding the potential industrial development of property west and south of the Iowa City Airport in unincorporated parts of the County. Airport property is being evaluated for the possible lease of up to 36 acres for aviation -related industrial uses. All of these sites are speculative at this point and do not currently provide us with readily usable properties for industrial growth. There are, then, approximately 125 acres of land zoned for industrial develop- ment that could be developed immediately for large scale industrial uses. Since 1980, a little over 65 acres of land zoned for industrial uses at the time of development have been developed for industrial purposes. This is an absorption rate of about 8 acres per year. It would appear that Iowa City has a sufficient amount of industrial land to accommodate industrial growth for another 15 years. An absorption rate should be used with a great deal of caution, however, in evaluating proper land uses, especially for industrial uses. New industiral development can proceed very slowly and erratically. In 1982 and 1985 only 3 acres per year were developed, but in 1983 and 1988, 17 acres and 23 acres respectively went to industrial usage. Presently, despite the fact that 125 acres of land are zoned and ready for industrial use, it is difficult to respond affirmatively to industries looking for a location in Iowa City because the number of sites is limited in relation to particular industrial needs. Industrial uses generally need larger tracts of land to develop than do commercial uses. As the amount of land zoned industrial is diminished by conversion to commercial or residential usage, the availability of large tracts is diminished. It is very difficult and expensive to re -aggregate such parcels to form a tract to meet the needs of many industrial users. Combining the tract size needed with other needs such as adequate access, relatively flat topography, stable ground that can support a heavy building and land at competitive market prices, the availability of industrial land can be severely constrained. It is important, therefore, that careful consideration be given to converting available industrial sites to any other uses, especially if the other uses have greater flexibility in their location decisions. Need for Additional Commercial Space The 1978 Comprehensive Plan advocated encouraging commercial development in the existing commercial cores. This policy was targeted at retail development. The policy was based on trends in retail sales for the Iowa City trade area and population projections for the 20 year time frame of the plan. The population of Iowa City was projected to increase at a rate of 500 people/year. Based on that moderate rate of growth and the anticipated expansion of retail floor space downtown under urban renewal, a need for additional commercial retail space outside of the existing core areas was deemed undesirable. The projections of the 1978 Plan were optimistic in that Iowa City's population has grown at a slower rate of 100 people/year, according to most estimates. Since the trade area of Iowa City has not changed and the growth rate of the area generally has been moderate if not slow, it is reasonable to assume, without benefit of a market analysis, that the circumstances which supported the 1978 policy still hold. A market analysis for the proposed project has been requested from the Joseph Company; they anticipate submittal on February 27. G9s It is important for the community as a whole to strike a proper balance between the amount of land zoned for commercial uses and that zoned for other categories of land use. Generally a city should have only between 2%-5% of its land zoned for all types of commercial use. (Principles and Practices of Urban Planning, ICMA, 1968.) A 1987 survey reveals that 6.6% of Iowa City is zoned one of the commercial categories. Those zones which permit retail uses as principal permitted uses consume 2% of the City's total land area. The danger in having too much land zoned commercial is that the market cannot support that much commercial enterprise and vacant buildings, undeveloped land and blight result. It is for this reason that we must carefully plan the extent to which we zone land commercially and be assured that in fact the community can support the development. Pending evidence to the contrary, the staff finds no support for amending the existing policy of the Comprehensive Plan, as it is stated in the draft 1989 Update, to "encourage commercial activity to take place in existing core areas or neighborhood commercial centers and discourage the proliferation of new major commercial areas." Use of the Highway 1 Corridor and Aesthetic Considerations As noted previously, designation of the Highway 1 corridor for limited commercial development around the U.S. Highway 218 interchange and at the intersection with Riverside Drive was, in addition to the reasons stated above, a conscious effort to avoid strip commercial development with its multiplicity of access points and signs along this entranceway to Iowa City. This aspect of the decision was concerned with aesthetics and not economics. Given the lack of design controls in the City Code, it is difficult to say that either commercial or industrial development is assured of being more attractive than the other land use. The same site plan regulations and tree ordinance apply to both categories of development; sign regulations are slightly more restrictive for industrial development. The primary difference between the two uses is that industrial development generally occupies larger tracts than do commercial uses, thereby triggering large scale development review. Through the review process, the City can work with the developer to achieve a more attractive development. This opportunity does not arise as frequently with commercial enterprises. Commercial development, as it is permitted in the CC -2 zone, can be on smaller lots and may result in an impression of a less cohesive development. Consistent with the City's Urban Environment policy to preserve and enhance the entranceways to Iowa City, careful consideration should be given to the impact a change In land use policy and zoning would have on the first impression given to visitors to Iowa City as they approach the community from this entranceway. If a change is contemplated, conditional zoning should be used to address the aesthetic concerns associated with this entranceway. STAFF RECOMMENDATION The staff recommends that the rezoning of approximately 28 acres south of Highway 1 West requested by the Joseph Company to construct 222,202 square feet of retail space be denied based on the following: The rezoning requested is inconsistent with the policies and land use designations of Iowa City's Comprehensive Plan. 6 2. The existing policy of Iowa City has been to retain different areas of industrially zoned land to provide opportunities for industrial development. 3. There has been no evidence submitted to date by the applicant to show that the trade area of Iowa City can support an additional major commercial retail center. 4. Based upon the discussions presented above, the public interest would not be served by changing existing policies and land use designations. ATTACHMENTS: l 1. Location Map. Approved by:�Q«!2(�lp�i�iL� 9onald Schmeiser, Director Department of Planning and Program Development I 1-�o c-,cpLa WESTPORT PLAZA Z-8902 4(l Y-15" I Johnson County Council of Governments 410E.VVhshingtonSt. bAoCity, bAu5224O o Date: April 24, 1989 To: Karin Franklin, Senior Planner // From: Jeff Davidson, Transportation Planner 7GW Re: Traffic Impacts of Proposed Westport Plaza Development In the evaluation of the Westport Plaza development proposal, Council will undoubtedly be concerned about traffic Impacts to the Highway 1 West corridor. A number of merchants in the Miller/Orchard/K-Plaza area have already expressed their displeasure with the current traffic situation. They insist the traffic stream on Highway 1 is not allowing safe access to and from their businesses, especially during peak periods of traffic movement. To fully understand the potential impact of Westport Plaza, the larger perspective of this area must be examined. The Highway 1 West Corridor Highway 1 is a state primary highway and, as such, Is under the Jurisdiction of the Iowa Department of Transportation. No Improvement or modification, such as installation of a traffic signal or turning lanes, may be made to Highway 1 without approval from Iowa DOT. Although Iowa DOT attempts to be responsive to our local needs, they will not approve a capital Improvement to a state highway which is based solely on political motives and not on sound engineering Judgment. Highway 1 West is also part of the Iowa City arterial street system. Arterials are the system of streets which are Intended to move large amounts of traffic through the City. They are characterized by high volume and relatively high speed traffic movement. As planners, we encourage motorists to use arterial streets to keep through traffic off of residential neighborhood streets, You should be aware of two capital Improvements in the planning stages which will Improve traffic circulation on Highway 1 West. First is the addition of a center turning lane on Highway 1 between Orchard Street and the median break near Carousel Motors. This will be similar to the center turning lane on Burlington Street downtown or on Muscatine Avenue In Towncrest. At the present time, a motorist turning left from Highway 1 West must yield to oncoming traffic, effectively closing down 50% of the capacity of the road in that direction of travel. A separated left -turn lane will permit 100% of the existing four -lane street to be used for through traffic movement. The second Highway 1 capital Improvement which is planned is the Installation of a traffic signal at Orchard Street. You are probably aware that the decision to Install a traffic signal should never be made arbitrarily. Municipalities have been held liable in litigation over 6VXr accidents that happened at locations where trairc control devices did not conform to Federal Highway Administration (FHWA) specifications. A traffic signal should only be Installed after an engineering study to determine if the intersection meets one of several FHWA warrants for traffic signal installation. Orchard Street was evaluated by the Iowa City Traffic Engineer and a signal is warranted in order to permit safe access onto Highway 1 by vehicles from Orchard Street. Iowa DOT has concurred with the need for this signal and has programmed state funding for this project. Both of the preceding projects will be programmed in the Iowa City Capital Improvements Program and implemented subject to City Council approval. Eventually, a traffic signal may be installed at either Hudson or Miller Streets. However, at the last evaluation by the Iowa City Traffic Engineer neither intersection met a warrant for installation. Iowa DOT will not approve installation of a non -warranted traffic signal on a state highway. The Traffic Engineering Division will re-evaluate the Hudson and Miller intersections on a regular basis since traffic volume is increasing in this area. The City Council should be aware that Iowa DOT will permit the temporary traffic signal at Miller Street only for the duration of the Benton Street interceptor sewer construction project. Westport Plaza Development Proposal With respect to the proposed Westport Plaza development, two basic traffic concepts must be understood: 1. The redevelopment of property to a higher density use (Le.: "economic development') will create traffic. This will increase delay and congestion on adjacent streets. 2. Commercial development will generate more traffic than any other type of land use. We can say with absolute certainty that development of Westport Plaza will cause congestion and delay to increase in the Highway 1 West area. Delay on side streets will Increase because it will be more difficult to find a gap In the traffic stream in which to enter Highway 1. Eventually, traffic signals may be Installed at selected intersections to permit side street traffic to enter Highway 1 safely. This will consequently increase the delay of motorists on Highway 1. The installation of traffic signals will have the secondary effect of permitting better access to Highway 1 from non -signalized side streets. This will occur because Highway 1 traffic will be better organized Into groups with larger gaps in between. It Is difficult to estimate precisely the effect Westport Plaza would have on Highway 1 traffic. A development of this type and size can be expected to generate between 12 and 50 vehicle trips per day for every 1,000 square feet of retail space constructed. This would result in 3,000.12,000 vehicle trips per day to and from Westport Plaza. We also know that a percentage of these trips will be vehicles which are already traveling in the Highway 1 area, so they will not contribute to an increase In traffic. The forecast of 3,000.12,000 vehicle trips per day enables us to project that a traffic signal will be warranted at the proposed access point on Highway 1. Because of its location, a very small percentage of trips to this development - probably less than 5% - would be made by non -automobile based modes of transportation. G95 Other than the installation of a center turning lane, there is very little which can be done reasonably to increase capacity on Highway 1 West. Five lanes of pavement is as wide as any arterial street in Iowa City. Driveway access along Highway 1 West is reasonably limited and well organized. Speed limits have recently been adjusted based on a speed study conducted by Iowa DOT. Delay and safety issues will be addressed by the Installation of traffic signals it they are warranted. Future Growth In the Highway 1 West Corridor As development occurs along the remainder of Highway 1 to Highway 218, traffic conditions will become more congested, and delay will increase. If property in this area is developed for commercial use, we can expect traffic conditions to be similar to existing areas of auto -oriented commercial development in this community: areas such as Riverside Drive between Benton Street and Highway 1, or Highway 6 in the Boyrum-Keokuk-Broadway area. If property along Highway 1 West is developed for industrial use Instead of commercial use there will be a similar effect on traffic, only to a lesser degree because the volume of traffic generated by industrial uses is not as great. It is Important to not consider Highway 1 West as an isolated street, but as part of a dynamic I street system. As traffic Increases on Highway 1, some motorists will begin to use alternative arterial routes, such as Benton Street and Melrose Avenue. Planning studies completed by JCCOG have forecast the need for capacity improvements to these streets as growth occurs j in developing areas In west Iowa City. Eventually, a new east -west arterial street will be needed south of the Highway 1/1-ighway 6 corridor. Please contact me if I can provide additional Information regarding this matter. cc: Jim Brachtel, Traffic Engineer bj/pc2 lo9S City of Iowa City MEMORANDUM Date: March 13, 1989 To: Planning & Zoning Commission From: Karin Franklin, Senior Plann Re: Westport Plaza Rezoning - Additional Information The following is in response to questions raised by the Commission at the February 27 and March 1 meetings. Commercially Zoned Land Attached is a list of vacant parcels of land that have any one of the commercial zone designations. The CC -2, CB -2, CB -10, and CN -1 zones (if a grocery store is part of the project) are the zones which could accommodate uses similar to those proposed for Westport Plaza. None of the commercially zoned land is aggregated to the extent that space is available for a shopping center, without rezoning. This data is from a survey of the CC -2 zone completed in 1987 and updated this year. The information the other zones relies on the staff's familiarity with the community. Leasable Commercial Space A review of the multiple listing for commercial properties for lease reveals that there are 42,355 square feet of building space available in the CC -2, CB -10 and CB -2 zones, as of March 3, 1989. This figures does not include any leasing of commercial property which is being done through other means than exclusive listing with a realtor. Absorption Rate of Commercial Land The absorption rate of commercial land over the last eight years has been approximately 4.6 acres per year, with the least development in 1981 at .62 acres and the greatest amount in 1986 at 14.65 acres. Using the available acreage in the CC -2, CB -2, CB -10, and CN -1 zones of 42.06 acres, there is enough commercial land available to accommodate this absorption rate for nine years. As with the absorption rate for industrial land, these figures should be used with caution since the desirability of land for specific uses is not taken into account. bj/pc2 G9s 0 VACANT COMMERCIALLY ZONED LAND CC -2 Community Commercial Pepperwood Place - 2 lots .6 acres Northgate Corporate Park .56 acres Gilbert Street - 2 lots .09 acres Court & Scott .009 acres Gilbert Court .08 acres Sturgis Corner (various parcels) 4.12 acres Highway 1 West - 1 lot .09 acres Highway 1 West & Miller Avenue .53 acres Highway 1 West frontage 4.1 acres 1st Avenue .08 acres Mall Drive subdivision - 6 lots Ohls subdivision - 5 lots Eastdale Mall - 3 lots 11.68 acres Lower Muscatine Road - 1 lot 21.94 acres DEVELOPED AND FOR SALE - zoned CC -2 .18 acres CO -I Commercial Office .05 acres .23 acres 22.17 acres 4.93 acres 42.73 acres 47.66 acres 10.00 acres (approximately) 7.00 acres (approximately) 00 acres (approximately) 9.00 acres 59.6 acres 2.00 acres (approximately) 61.6 acres 89 acres Empire Addition - ACT Circle Northgate Corporate Park CN -1 Neighborhood Commercial Mormon Trek & Westwinds Drive Court & Scott 1st & Rochester CI -1 Intensive Commercial West Side Park Boyrum CB -10 Downtown 64(1-a) (next to Holiday Inn) CB -2 Central Busines Service -0- .05 acres .23 acres 22.17 acres 4.93 acres 42.73 acres 47.66 acres 10.00 acres (approximately) 7.00 acres (approximately) 00 acres (approximately) 9.00 acres 59.6 acres 2.00 acres (approximately) 61.6 acres 89 acres City of Iowa City MEMORANDUM Date: March 20, 1989 To: Planning and Zoning Commission From: Linda Newman Gentry, First Assistant City Attorne Re: Focus of Questions on Rezoning and Amending Comprehensive Plan Proposal, Joseph Company Request As discussed in your formal meeting held Thursday, March 16, 1989, I suggest your discussion concerning othe Joseph og qu st ons for rezoning and amending the Comprehensive Plan fcusonth 1. Aruses ermitted b existing com ercial andtother he ouses, and the surrou dingatible with area? 2. Will rezoning the parcel to commercial detract from Iowa City's ability to attract C ty'sial uses? is there need for industrial land n the reasonablindustrial e future to ?om- modateIowa 3. Is the City's infrastructure (transit, water, sewer and streets) sufficient to accommodate the permited uses in the proposed commercial zone? 4. Is there sufficient commercial land to fill the existing needs of the Iowa City Community, including the proposed retail development? 5 Will neighboring commercialland uses,nand create urban blight? to 1 adversely affect Note: This Commission,ioduly oconsidered,uld e not solely red btbasedspresented opinion. 6. The ultimate questions are: Have substantial and reasonable reasons been presented to rezone and amend the Comprehensive Plan? Or alterna- tively, is there evidence of substantial and reasonable reasons to deny the proposed rezoning and amendment? ? intarezoni gthe unlessdowntown someurban evidencerenewal has area beens brought substantial thafactorthe proposed rezoning request will create blight in the downtown area. 8 commercial usesywillobeyblightedrelevantto by theeproposednof her surrounding rezoning. I trust contact mehif youlbe of sme assistance tu. have q estions regarding this mPlease do not hesitate to emo, tp5-8 cc: Karin Franklin, Senior Planner Terrence Timmins, City Attorney Westport Plaza development. Norber reviewed the projected tenants of the development, its size, and the existing retail establishments in town, and was able to establish a trade area for the development and its market penetration. Norber reviewed for the commission the outline of the study including: socio-economic background of Iowa City and the market conditions existing in Iowa City; existing retail activity which was utilized to calculate the trade area of Iowa City. Norber indicated that his firm made use of National Decision Systems, a third party provider, that provides information on population and Income which is used to estimate retail sales in a trade area and also estimate the potential number of sales in a trade area utilizing the information from direct research, i.e„ sales tax information collected by the State and third party information. Norber indicated that there were three categories included in the market analysis, 1) general merchandise; 2) apparel; and 3) home furnishings. Norber indicated that these were the best Indicators of local retail/commercial activity. Norber continued and discussed how the actual and potential sales were calculated, Including the special assessment for student expenditure using a variety of sources Including state and local sources of information. Norber pointed out that the unmet demand for the given retail categories was a subtraction of current estimated sales from potential estimated sales. Norber discussed the issue of "redirection of sales" and Indicated that general merchandise sales will be redirected by approximately $10.6 million from existing retail sales occurring within Iowa City. Norber continued and Indicated that the majority of sales of the proposed development would be a capture of current unmet sales dollars which currently leak out of the local trade area. Norber concluded by stating that the proposed project will be successful and wnoted that similar projections were completed for the grocery and food dollars. Noill mrberost take of its sales from the unmet sales demand, and while there will be a redirection of existing sales, this will occur both within the city boundaries and beyond, since the Iowa City trade area Is larger than the city itself. Norber indicated that his experience h other communities with a development of this type has demonstrated an in in competition within the community and expanded the actual trade area. Dierks questioned the projected Increase in sales demand in the grocery and food category based on her sense that as the community has a relatively stable population. Norber replied that the increase in sales demand projected for the grocery and food category was projected on the basis that currently not all food dollars are spent in the trade area and that similar markets on the average spend more. Dierks asked whether the other markets were similar to Iowa City. Norber replied that for the market analysis, other communities similar to Iowa City were evaluated as well as using national averages. Wallace asked if Wal-Mart was expected to account for the unmet demand and whether they took into account the other food stores along Highway 6. Norber replied that his figures did factor in all the food stores, including who they were, their size, and their operation. Wallace asked whether in Mr. Norber's experience he had ever found a market Insufficient to support a development. Norber replied yes, he had. Dierks asked how students were taken Into account in the market analysis. Norber replied that students' expenditures are between 23% and 33% less than non -students' expenditures and that this was accounted for in the market analysis; he indicated that he used a 1985 Iowa study on student expenditures. 69S many of the details of the neighborhood center operation would be clearly delineated in the leasing arrangements. Franklin continued and reviewed a memorandum dated March 8, 1989, and a draft of the proposed ordinance changes. Commissioners discussed the types of operation taking place in neighborhood centers and the people utilizing these facilities, and the amount of traffic generated by typical uses. Scott suggested that the special exception process start In the RS -12 and RM - 20 zones as, opposed to the RS and RN -12 zones. Dierks stated that she felt it would be more appropriate for neighborhood centers to be limited to the RM zones. Scott stated that it seems unlikely that a center would locate In an RS -5 zone given its single family nature and the emotional arguments that are common to this type of issue. The Commission agreed with the proposal to allow neighborhood centers as special exceptions in the RS -12 and RM -12 zones, as a provisional us in the RM -20 and RNC - 20 zones, and a permitted use in the RM -44 and RM -145 zone. Chairperson Scott Indicated that this item will be deferred to the April 6th meeting. OTHER BUSINESS Chairperson Scott Indicated the receipt of a letter addressed to Jim Brachtel from Michael Jackson, IDOT, indicating that the speed limit on North Highway 1 will be maintained as it presently is posted. The meeting was adjourned at 10:08 PM. SSR -889-10 April 4, 1989 Submitted by: Berta, McCullough Re: Proposed Shopping Mall, south of Hwy 1 West Iowa City Whereas, most students of the University of Iowa are residents of the Iowa City community and are concerned with the issues facing Iowa City and its residents, and Whereas, the proposed commercial development of a shopping center south of Highway 1 West in Iowa City would bring economic opportunities, diverse shopping in the retail market, provide many full and part-time jobs, and would generate taxes which would benefit Iowa City and its residents, . Be it resolved, that the UISS support the building of the proposed shopping center, and Be it further resolved, that the UISS urge the Iowa City Planning and Zoning Commission and the Iowa City Council to amend the Comprehensive Plan and rezone the 28 acre area for commercial use for the proposed shopping center. 10,73- ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE DIMENSIONAL REQUIREMENTS OF CERTAIN PROPERTY LOCATED AT 1705-1709 H STREET, 1105-1107 SIXTH AVENUE AND 1109- 1111 SIXTH AVENUE FROM RS -8 TO RS -12. WHEREAS, the property described below was developed under R-2 zoning after receiving the required building permits, and the three existing duplex residences became non -conforming under RS -8 zoning in 1983; and WHEREAS, the rezoning of the subject property to RS -12 will not result in any structural change or increase intensity of use of the property, but will allow an existing use to conform with the Zoning Ordinance; and WHEREAS, it is appropriate to zone to allow an existing use when harm to the property owner would outweigh the benefits resulting from strict adherence to the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1, ZONING AMENDMENT. That the property described below is hereby reclassified from its present classification of RS -8 to RS -12: Lots 1 and 2 of Block 45 as illustrated on a "Map of East Iowa City, Iowa" situated in Section 14, Township 79N of R6W5 PM, as recorded in Book 1 at Page 92 of the records of the Johnson County, Iowa, Recorder's Office, on the 30th day of May, 1899. SECTION 11, ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this Ordinance as provided by law. SECTION 111, CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Office of the County Recorder of Johnson County, Iowa. G 9.G Ordinance No. Page 2 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 of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION VI, EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its final passage and publication as by law provided. Passed and approved this MAYOR ATTEST: CITY CLERK Approved as to Form �. (�GCG`lL�.-i�`reC f e a Department G 9G STAFF REPORT To: Planning & Zoning Commission Item: Z-8906. 1105-1107 & 1109-1111 Sixth Avenue; 1705-1709 H Street GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Prepared by: Melody Rockwell Date: April 6, 1989 Robert H. Wolf R.R. 5, Box 29 Iowa City, Iowa 52240 To rezone property from RS -8 to RS - 12. To enabI a comp i ance with the Zoning Ordinance and Subdivision Regulations of three existing duplexes. 1705-1709 H Street 1105-1107 Sixth Avenue 1109-1111 Sixth Avenue All lots - 21,005 square feet. Residential; 2-8 DU/A. Duplexes (three), RS -8. N - Residential; RS -5. E - Residential; RS -5. S -Railroad tracks - Iowa -Illinois; RS -5 and I-1. W- Railroad tracks, Iowa -Illinois, residential; RS -5, RS -8, I-1. File date: March 10, 1989. 45 -day limitation period: April 24, 1989. BACKGROUND: In 1972, the applicant, Robert H. Wolf, constructed three duplexes on Sixth Avenue and H Street under R-2 zoning after receiving the required building permits. The Zoning Ordinance requires in Section 36-3(f)(1) that in "the RS zones there shall not be more than one (1) principal use or building on a lot." Currently, two of the duplexes are located on one lot. The applicant desires to replat and rezone the property so that each duplex is located on a conforming lot. 697 The current zoning of the property, as established in 1983, is RS -8. In RS -8 zones, duplexes are required to have a minimum lot area of 8,700 square feet and a minimum lot area per unit of 4,350 square feet. The existing two lots have a total area of 21,006 square feet, which if divided into three lots, would equal only 7,002 square feet per lot, or 1,698 square feet less than required for the minimum lot area for a duplex in the RS -B zone. The applicant, therefore, is petitioning for rezoning of the subject property from RS -8 to RS -12 to bring it into conforming status. The minimum lot area requirement in the RS -12 zone is 5,000 square feet with 3,000 square feet minimum lot area per unit. If the property were rezoned RS -12 as requested, it could be replatted in compliance with the Zoning Ordinance and the existing residential structures allowed to continue in use as conforming uses. ANALYSIS: The short-range development plan for the City indicates that the property is in an area designated for medium density, single-family residential development. The applicant is requesting rezoning to a high density, single-family residential development zone. However, it should be emphasized that if the rezoning request is granted, the residential density of the property could not be increased; it would make the existing use legal. The 1978 Comprehensive Plan states: "The fact that the Comprehensive Land Use Map shows only generalized land uses means that it will not in all cases reflect small areas of existing use which may be zoned to reflect such use or density. This recognizes that while the Land Use Map depicts the long-term goals for development within the City, the zoning must consider the reasonableness of a classification as applied to a particular property. Therefore, in instances where a zoning classification in strict accordance with the Land Use Map would appear to cause such harm to a property owner as to outweigh the benefit derived from strict conformance with the Comprehensive Plan, a given property may be zoned to allow an existing use." The RS -12 rezoning requested is comparable to zoning designated for similar, existing residential uses in the surrounding area. The existing duplexes, constructed in 1972, could not be brought into conformance with the RS -8 zone without taking down the duplexes on Lot 1 and constructing single-family homes on 5,000 square foot minimum lots. In staff's judgment, this would "appear to cause such harm to a property owner as to outweigh the benefit derived from strict conformance with the Comprehensive Plan." Because rezoning of the subject property to RS -12 will not result in any structural change or increased intensity of use of the property, it would seem reasonable that the property be rezoned to allow an existing use to conform with the Zoning Ordinance. STAFF RECOMMENDATION: Staff recommends that the request to rezone this property from RS -8 to RS -12 be approved. ATTACHMENTS: Location Map. X97 3 2. Application: Legal Description. 3. Existing Site Plan. 4. Proposed Plot Plan. Approved by: D nald Schmeiser, Uirector epartment of Planning and Program Development 6 A il� fil ■il I a, I ooi Ru '6 • �Jrg in '■1M:Mm m �`I�:::; : HIM on �-'Ky,' KIIIIII\11 % ©mss 90 EXISTING SITE Z - 8906 Sixth Avenue & H Street H STREET Total Area of Property = 21,005.5 Square Feet 6TH AVENUE PRELIMINARY. PLOT OF PROPOSED SUBDIVISION DIMENSIONS SUBJECT TO VERIFICATION "H" STREET ------------- N - -- ------ --- -- -- - M N 90'00'00' W � 279.d3' __ 179.83' 100.00' m LOT 3 o LOT 1 ` �8,674 sq. ft. rn v? 6,150 sq. ft. \ _ 0.19 acres 0.14 acres I Ii rsl\31 y o w I �*3�� o N 90'00'00" W i' D y' 1 �� 0 100.00 L I , b a! LOT 2 IW co W A \ \,1 J; 6,180 sq. ft. ON (Q i \ 0.14 acres o 'I \W� m1p I 1 MEA \'1040 p amm 8= , e i \ V \ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTION 15-66 THEREOF, AND ENACTING IN LIEU THEREOF A NEW CODE SECTION TO BE CODIFIED THE SAME, PROVIDING FOR THE ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 15-66, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 15-66. Deposit upon establishvent of account; Deposit upon delinquency of account. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-55. The deposit shall be held either until three (3) years after establishment of the account or until service is terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average JDA Ordinance No. Page 2 two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account. SECTION II.REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: Ordinance No. 87- 3336, §3, 9-8-87. SECTION III. SEVERABILITY CLAUSE: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law provided. Passed and approved this MAYOR ATTEST: CITY CLERK aApodLatorm Legal Department Vjl ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 32.1-55 AND 32.1-73 THEREIN TO, RESPECTIVELY, REVISE WATER SERVICE CHARGES AND FEES, INCREASE FEE FOR TEMPORARY WATER USE DURING CONSTRUCTION, AND ESTABLISH A DELINQUENCY DEPOSIT, COMBINED, FOR CITY WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinance of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-55, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-55. Fee or Charges Authorized in Chapter 15. Municipal Code Section Authorizing Fee Charge, Fine or Description of Fee, Penalty: Charge, Fine, or Penalty: Charge: Sec. 15-31 Fee for annual solid waste One dollar ($1.00) per collection permit collection vehicle per year Sec. 15-65(a) Residential solid waste 1988 collection fee $5.25 Rates effective for bills on $5.25 or after: per dwelling unit, per month per two rooming units, per month Sec. 15-65(b) Landfill use fee Rates Effective: City fee State fee Total fee Minimum Sec. 15-66(a) Deposit fee for combined city water and/or sewer and/or solid waste collection accounts. Sec. 15-66(b) Delinquency deposit for com- bined water and/or sewer and/or waste collection accounts. Sept. 1 Sept. 1 1988 1989 $5.25 $5.50 $5.25 $5.50 July 1 July 1 1988 1989 $7.75 $8.00 $1.50 $2.00 $9.25 $10.00 $1.25 $1.35 Residential account: $50.00 per combined resi- dential service for city water and/or sewer and/or solid waste collection service. In an amount equal to the average two-month billing for the delinquent account. 70� Ordinance No. _ Page 2 SECTION 2. That Chapter 32.1, 'Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-73, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-73. Municipal Code Section Authorizing Fee Charge, Fine or Penalty: (a) Sec. 33-45 (b) Sec. 33-46(h) (c) Sec. 33-48(a) Fees and Charges Authorized in Chapter 33. Description of Fee, Eff. Eff. Eff. Charge, Fine, or Penalty 9/1/86 9 1 87 9/1/88 Sewer Service Charges: Minimum monthly charge (includes the first 200 cu. ft. of water used) $3.00 $4.75 $5.75 Monthly charge for each addi- tional 100 cu. ft. of water used. f.66 $1.04 $1.26 Eff. Eff. Monthly surcharge 9/1/86 9/1/88 BOD (per pound) $.06 $.10 SS (per pound) f.06 f.06 The user charge will be effective with the billing sent after the effective dates listed in the preceding chart. Fee for delinquent sewer service Three dollars ($3.00) for account each water service account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year. Deposit fee for combined city water and/or sewer and/or solid waste collection accounts. Sec. 33-48(b) Delinquency deposit fee for com- bined city water and/or sewer and/or solide waste collection accounts. Residential account - $50.00 per combined resi- dential service for city water and/or sewer and/or solid waste collec- tion service. Commercial account - an amount equal to the two- month billing for commer- cial service for city water and/or sewer service. In an amount equal to the average two-month billing for the delinquent account. 706 Ordinance No. Page 3 Sec. 33-149(a) Meter deposit. a) Deposit fee for new meter $60.00 and outside meter reader. b) Refund for each new meter, $75.00 outside meter reader, and wiring correctly installed. Sec. 33-149(b) Second meter fee $65.00 (non-refundable) Sec. 33-163 Nater Service Charges: Monthly user charges for METER water service for the first SIZE Eff. Eff. Eff. two hundred (200) feet or Inches 9/1/86 9 1 88 9/1/88 less of water used, based on meter size. 5/8 S 3.25 $ 3.60 $ 3.80 3/4 3.75 4.15 4.35 1 4.40 4.85 5.10 1-1/2 8.75 9.65 10.15 2 11.75 12.95 13.60 3 21.75 23.95 7.5.15 4 37.95 41.75 43.85 6 76.40 84.00 88.20 The minimum user charges for larger meters will be based on comparative costs to a 6" meter. The minimum user charge for a customer who furnishes the meter at their own costs will be based on the minimum for a 5/8" meter, regardless of the size. There will be no minimum monthly charge for the second water meter from November to March for those months during which no water is used. Monthly user charges for MONTHLY water in excess of 200 USAGE Eff. Eff. Eff. cubic feet per month. Cu. 9/1/86 9 88 9/1/88 Next 2,800 $ .75 S .83 $ .87 Next 17,000 .45 .50 .53 Over 20,000 .40 .44 .46 M Sec. 33-164 Fee for temporary water use during construction for the first 60 days from the date of the service tap for a new service or for a maximum of 60 days for reconstruction: 7D 4 Ordinance No. Page 4 Single and two (2)4amily residences Ten dollars (510.00) per month. Multi -family residences Ten dollars ($10.00) per month. Commercial structures Twenty dollars ($20.00) per month. Fee for temporary water use after 60 days for any structure shall be $100.00 per month until the meter %d is installed. (g) Sec. 33-165 Fee for direct purchase of water One dollar ($1.00) per two hundred gallons or fraction thereof. (h) Sec. 33-167 Fee for delinquent water service Three dollars ($3.00) account. for each water service account not paid with- in 30 days of billing date. Fee is waived for first occurrence in each calendar year. (i) Sec. 33-169(a) Deposit fee for combined city water Residential account - and/or sewer and/or solid waste $50.00 per combined collection accounts. residential service for city water and/or sewer and/or solid waste collection service. Commercial account - an amount equal to the two-month billing for commercial service for city water and/or sewer service. (j) Sec. 33-169(b) Delinquency deposit fee for combined In an amount equal to water and/or sewer and/or solid the average two-month waste collection accounts. billing for the delin- quent account. %d Ordinance No. _ Page 5 (k) Sec. 33-169(c) (1) Sec. 33-169(c) Fees and charges for various consumer services Tap Fees: Size TaR Corps Curbs ox s 1" $18.30 $18.35 $ 35.70 $29.15 11" $24.05 $34.90 $ 58.10 $40.75 11" $29.40 $48.25 $ 77.40 $40.75 2" $33.10 $78.15 $115.50 $40.75 11", 11" and 2" will require saddles which are to be charged at the City's cost plus a stocking fee. Installation and connection fees: Size Cost 6" $15.00 per linear foot 8" $18.80 per linear foot 10" $24.00 per linear foot 12" $29.70 per linear foot 16" $39.40 per linear foot Service Fees Service a) Reconnection of discontinued service b) Removal fee for disconnecting and removing a second meter c) Connection fee for resetting meter or restarting service d) Carding fee for shutting off in collection procedure e) Check leaky meters f) Frozen meters g) Shut-off service at curb & check for exterior leaks Fee Fee During Normal After Normal Working Hours Working Hours $15.00 $30.00 $25.00 Not done after normal working hours. $15.00 $30.00 $15.00 $30.00 No Charge No Charge j $15.00 + cost $30.00 + cost of meter repair of meter repair No Charge $30.00 + hourly rate for time over 2 hours 70 Ordinance No. Page 6 h) Broken hydrant Repair Cost $30.00 + repair cost i) Location of water main for No Charge No Charge other utilities j) Location of water main for No Charge $30.00 + hourly private enterprise rate for time over 2 hours k) Meter accuracy check at $30.00 Not done after consumer's request normal working hours 1) Fire hydrant fee for inspection $50.00 Not done after and operation of fire hydrants normal working which are privately owned or hours owned by other governmental agencies. If service is requested outside normal working hours, a $30.00 after -hour fee shall be charged in addition to the normal working hour fee. In addition, when service time after hours exceed two hours, an additional charge will be added to cover equipment expense and actual employee wages, including overtime. The water service division's normal working hours are 8:00 a.m. to 4:00 p.m. daily. SECTION 3. SEVERABILITY: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: (1) Ordinance No. 87-3342, §1 (part), 9/8/87. (2) Ordinance No. 88-3371, §2, 4/5/88. (3) Ordinance No. 88-3380, §1, 5/17/88. SECTION S. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law provided. Passed and approved this MAYOR ATTEST: CITY CLERK A p v s o Form 3�a9/8p Lega Department 70 z It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald First Consideration Vote for passage: Second Consideration Vote for passage Date published ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, (1) BY REPEALING SECTIONS 33- 149, 33-163, 33-164, 33-165, AND 33-169 THEREOF, AND ENACTING IN LIEU THEREOF NEW SECTIONS TO BE CODIFIED THE SAME, PROVIDING FOR (A) REVISIONS IN PROCEDURES FOR THE INSTALLATION OF PRIMARY AND SECOND WATER METERS, AND (B) REVISIONS TO FEES FOR SECOND WATER METERS, FOR WATER USE DURING CONSTRUCTION, AND FOR DIRECT WATER PURCHASE; (2) BY ENACTING THREE NEW SECTIONS TO BE CODIFIED AS SECTIONS 33-48, 33-156 AND 33-167, PROVIDING FOR (A) THE ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS, (B) CHANGES IN THE PROCEDURES FOR REMOVAL OF WATER METERS, AND (C) SETTING FORTH THE FEES AND BILLING PROCEDURE UPON CHANGE IN TENANT ACCOUNT IN A SEPARATE CODE SECTION; AND (3) BY DELETING SUBSECTIONS (d) AND (e) FROM SECTION 33-154 DUE TO THE INCLUSION OF THOSE PROVISIONS IN OTHER SECTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-149, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sect. 33-149. Required metering of water use. (a) Requirements for Installation of Water Meters. All water furnished to the consumers shall be metered unless provided otherwise by ordinance. All meters and remote meter readers shall be furnished by the department of public works, but owner must provide a suitable location and piping system for same. The owner shall be responsible for procuring the installation of each meter furnished by the city on all new construction or remodel work, which installation shall be performed by a licensed plumber under a plumbing permit issued pursuant to Chapter 8 of the Ordinance No. Page 2 Code of Ordinances of the City of Iowa City, Iowa. On new construction, the meter(s) shall be installed at the same time as, or no later than the installation of, the plumbing fixtures. The meter(s) shall be installed in a location which provides the same access and working space which as required for water heaters, as provided in Chapter 8 of the Code of Ordinances of the City of Iowa City, Iowa. The supply or "in" side of the piping and valving shall be marked with a tag at the meter location. The owner shall provide and install conduit (j inch minimum size) and wire for a remote meter reader. For multiple meter settings, the owner shall label the individual wires to correspond to the proper meter inside. The meter and wire installation must comply with City specifications. Upon completion of the installation of the meter(s) and related piping, the owner, or the owner's plumbing contractor or authorized agent, shall arrange, by appointment, for a field test and verification that each meter and meter reader is operating properly. The public works department (water division) will meet with the owner, or the owner's plumbing contractor or authorized agent to verify that the installation is correct and to install the account number. Piping systems shall be so constructed and the meters so placed that all water to be used in or about the premises shall pass through the water meter(s). The owner shall be responsible for compliance with this provision and shall be liable for payment of water used in violation hereof. A meter deposit, in the amount set forth in the schedule of fees, Section 32.1-73, will be required for each meter provided by the City. Upon proper completion of the installation of the meter, a refund M Ordinance No. Page 3 will be given to the person making the deposit. (b) Requirements for Installation of a Second Meter. A second meter is any meter which measures water use which does not discharge into the City's sanitary sewer system or require treatment at the sewage treatment plant, such as irrigation, air conditioning, swimming pools or the like. A property owner with an existing water service account may apply to the public works department (water division) for a second meter. If the finance department determines that such property is eligible for installation of a second meter, the meter will be provided to the property owner, or the owner's plumbing contractor or authorized agent, upon payment of a non- refundable second meter fee, as set forth in the schedule of fees, Section 32.1-73, and upon payment of the meter deposit as provided in (a) above. A second meter, like the primary meter, must be valved on both the inlet and outlet sides. The second meter shall be installed with a backflow preventer valve on the outlet if the plumbing does not already include these valves on all hose bibs connected to the meter. A second meter must be installed in compliance with all other requirements set forth in (a) above. A second meter shall not be removed temporarily from service during winter months. To properly remove a second meter, the plumbing must be physically restored so that no jumper may be installed. SECTION II. That Chapter 33 of the Code of ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-163, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-163. Rates. (a) All users of city water service shall be charged: Ordinance No. Page 4 (1) A minimum monthly charge for the first two hundred (200) cubic feet, or less, of water usage, based on meter size, and (2) A monthly charge on all water used in excess of two hundred (200) cubic feet per month, and (3) There will be no minimum monthly bill for a second water meter from November through March of each year for those months during which no water is used. Said charges shall be for the quantities of water used and shall be in the amount set forth in the schedule of fees, Section 32.1-73. (b) The rates and charges herein established and set forth in the schedule of fees shall apply only to properties located within the corporate limits of the City of Iowa City. Where another municipal corporation has entered into a contract with the City of Iowa City, the rates provided for in such contract shall prevail. For all areas outside the corporate limits of the City of Iowa City for which there is no prevailing contract, the rate shall be established as fifty (50) percent above those provided in the schedule of fees. (c) The water rates and charges herein established will be effective with the billings sent after the effective dates listed in the schedule of fees. SECTION III. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-164, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-164. Temporary use during construction. (a) When temporary water service is requested for a structure under construction, the owner or contractor shall pay a temporary fee based upon the type of structure under construction and the length of time temporary water service is utilized, Ordinance No. Page 5 as set forth in the schedule of fees, Section 32.1-73. (b) If such rates are inadequate for the amount of water to be used, the department of public works may establish higher rates for a particular premises. (c) The water used under this provision may not be used to settle ditches or irrigate lawns or gardens; and the department of public works may discontinue service to any owner or contractor who has failed to pay for water supplied or used contrary to the provisions of this section. SECTION IV. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-165, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-165. Direct purchase rates. Water can be purchased at the water pumping plant or at any other location that may be designated by the department of public works for that purpose. Water purchased in tanks furnished by the purchaser will be charged at the rate provided therefore in the schedule of fees, Section 32.1-73. The department of public works will not be responsible for the purity of water after it leaves the supply line when it is delivered to the purchaser's container. SECTION V. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-169, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-169. Deposit upon establishment of account; Deposit upon delinquency of account; Fees and charges for consumer services. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the account shall be required to execute Ordinance No. Page 6 a service agreement and make a combined account deposit before commencement of city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-73. Upon initial establishment of a commercial water service account, or a commercial sewer service account, or either of these, with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the City's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1- 73. Deposit shall be held either until three years after establishment of the account, or until service is terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. if the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever Ordinance No. Page 7 occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account, or refunded if the account is then paid up. (c) Fees and charges for various consumer services, including water main taps, water main installation and connection fees, and routine water service procedures are hereby established. Such fees and charges shall be as set forth in the schedule of fees, Section 32.1-73. SECTION VI. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by enacting a new section to be codified as Section 33-48 to read as follows: Sec. 33-48. Deposit upon establishment of account; deposit upon delinquency of account. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-73. Upon initial establishment of a commercial water service account, or a commercial sewer service account, or either of these, with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the City's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1- 73. Deposit shall be held either until three years after establishment of the account, or until service is Ordinance No. Page 8 terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account. SECTION VII. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by enacting a new section, Section 33-156, to read as follows: Sec. 33-156. Removal of meters. (a) Whenever a water meter is located in premises that are to be remodeled, removed, or destroyed, or where the service is to be discontinued, the owner of such premises shall give notice in writing to the department of public works requesting removal of such meters and granting access thereto to city personnel for that /; Ordinance No. Page 9 purpose. The owner, or the owner's authorized agent, shall be responsible for the meter until such written notice is given and the meter is recovered. If the meter is damaged, buried, or lost, the owner shall be required to pay for the same at cost less depreciation, and such amount shall be charged to the owner's water service account for that property, or any other active water service account in the owner's name. (b) Prior to removal of a second meter, the plumbing shall be inspected by the public works department (water division) to verify that said plumbing has been physically altered so as to thereafter direct all water through the primary meter. SECTION VIII. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by enacting a new section, Section 33-167, to read as follows: Sec. 33-167. Fees and billing procedure upon change in tenant account. When a tenant notifies the city that he/she is moving and no one has authorized service to start for a new tenant, the city shall automatically place the account into the name of the owner/manager. Billings generated during the first fifteen (15) days, after which a rental property account has been put into the owner's/manager's name, shall include charges for actual water usage only; no minimum charges or refuse charges will be included. In such instances, the meter(s) need not be removed, and no reading fee shall be charged on the automatic return to the owner's/manager's name. When an owner/manager receives a bill for water usage, for the interim period between tenants, he/she may determine that the bill should be paid by the tenant and inform the tenant of his/her responsibility to pay the bill. Upon written notification from the owner/agent, the city will transfer the billed amount to the tenant's account. SECTION IX. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by Ordinance No. Page 10 repealing subsections (d) and (e) of Section 33-154, and by renaming said Section as "Protection of Meters." SECTION X. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: (1) Ordinance No. 83-3142, §2D, 8-30-83; (2) Ordinance No. 87-3341, §§2, 3, 4 & 6, 9-8-87. SECTION XI. SEVERABILITY CLAUSE: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION XII. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law provided. Passed and approved this MAYOR ATTEST: CITY CLERK 4Ad as Form Department %d CRDItWU NO. 89-3406 AN ORDINANCE AMFIDIFG CN4PTER 8, ARTICLE I1, TFE BUILDING CODE, BY ADOPTING TFE UNIFORM BUILDING CODE STANDARDS, 1988 EDITION AND M 1988 EDITION OF THE UNIFORM BUILDING CODE EDITED BY THE INTERNATIONAL CONFER OF BUILDING OFFI- CIPLS, AND PROVIDING FOR CERTAIN AM00 MS TFEREOF; TO PROVIDE FOR TIE PROTEC- TION OF U FEALTN, WELFARE AND SAFETY OF THE CITIZENS OF IM CITY, IOWA. BE IT ORDAINED BY TFE CITY CONCIL OF TFE CITY OF IOWA CITY, IOWA, TMT: SECTION 1. PURPOSE. The purpose of this Ordinance is to adopt the Uniform Building ands 1988 Edition, and the 1988 Edition of the Uniform Building Code as prepared and edited by the International Conference of Build- ing Officials; and to provide for certain amendents thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iaaa, and provide for its enforcement. SECTION 2. Section 8-16 of the Code of Ordinances of the City of lora City, Tows 1s—Tiereby repealed and the following new Sec. 8-16 is enacted in lieu thereof: Sec. B-16. Adapted. Subject to the following aendrents, the Uniform Building Code Standards, 1988 Edition, and the 1988 Edition of the Uniform Building Code are hereby adopted, and shall be known as the Iowa City Building Code, or the Building Code. Interpretations of the Building Official shall be guided by the UBC Application/Interpretation Manual. SECTION 3. Section 8-17 of the Code of Ordinances of the City of Iowa City, Iowa is hereby repealed and the following new Sec. 8-17 is enacted in lieu thereof: Section B-17. hmndrents. The following sections of the 1988 Edition of the Uniform Building Code (UBC) are amended to read as follows: (1) UBC Section 202, Pun and Duties of Building Official, is wended to read as follows: (a) General. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, he/she shall have the powers of a law enforcement officer. (b) Deputies. In accordance with prescribed procedures and with the approval of the City Manager, the building official shall appoint such nurrber of technical officers, inspectors and other employees as may be necessary to carry out the functions of the code enforcement agency. (c) Right of Entry. Whenever necessary to make an inspection to enforce any of the provision of this code or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which make such building or premises unsafe as defined in Section 203 of this code, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code, provided that if such building or premises be occupied, he/she shall first present proper credentials and request entry; and if such building or premises be unoccupied, he/she shall first make a reasona- ble effort to locate the caner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his/her authorized representative shall have recourse and every remedy provided by law to secure entry. No owner or occupant or any other person having charge, care or control of arty, building or premises shall fail or neglect, after proper request is mmde as herein provided, to prcnptly permit entry 73z ordinance No. 89-3406 Page 2 therein by the building official or his/her authorized representative, for the purpose of inspection and examination pursuant to this code. Any person violating this subsection shall be dyilty of a misde- meanor. (d) Notices. in violation of this code, the (1) Whenever any work is performed building official may serve a written notice or order upon the owner or his/her agent, directing himdher to discontinue the violation. (2) In the event such notice or order is not promptly corplied with, the building official liancereandinstitute n action at 134 or in enjoinoccupancy of the structure to require crnQ while it is not in carpliance with this code. (e) Stop Work orders. Whenever any work is being done contrary to the provisions of this code, the building official may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be dare, and any such persons shall forthwith stop such wa'k until authorized by the building official to proceed with the work. (f) occupancy Violations. Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provision of this code, the building official may order such use discontinued and the structure, or a portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discon- tinue the use within the time period prescribed by the building offi- cial after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. representative (g) Liability. The building official or his/her authorized rep charged with the enforcerent of this code, acting in good faith and without malice in the discharge of his/her duties, shall not thereby render himmaelf/herself personally liable for any damage that may occur to persons or property as a result of any act or by reason of any act or omission in the discharge ofhis/her duties. Any suit brought against the building official or eTployee because of such act or omission performed by hin✓he' in the enforcement of any provision of this code, shall be defended by legal counsel provided by this juris- diction until final termination of such proceedings. This code shall not eerrsconstrued saming t0 relieve from or or controlllli g any sen the responsibility of any p 9+ operating building or structure for any damages to persons or property caused by defects, car shall the code enforcement agency or its parent jurisdic- tion be held as assuning any such liability by reason of the inspec- tions authorized by this code or any certificates of inspection issued under this code. (h) Cooperation of other officials and officers. The building official may request, and shall receive so far as is required in the discharge of his/her duties, the assistance and cooperation of other officials of this jurisdiction. (2) UBC Section 204, Board of Appeals, is a eded to read as follows: Board of Appeals. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable inter- pretation of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training 7'302 Ordinance No. 89-3406 Page 3 to pass upon matters pertaining to building construction and interpretatio- ns of the building official and who are not employees of the jurisdiction. The building official shall be an ex officio member of and shall act as secretary to said Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules and procedures as set forth in the Iowa City Administrative Code. (3) UBC Section 205, Violations, is arerded to read as follows: (a) Penalties. (1) A person who shall violate a provision of this ordinance or fail to comply therewith or with any of the requirements thereof or Who shall erect, construct, alter or repair or have erected, constructed, altered or repaired a building or structure in violation of a detailed statement or plan submitted and approved thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding $100 or irrprisoment not exceeding 30 days. (2) The owner of a building, structure or premises where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith, and any t4io may have assisted in the omission of such violation shall be guilty of a separate offense. (b) Abatement. The imposition of penalties herein prescribed shall not preclude the City from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, altera- tion, repair, conversion, maintenance or use or to restrain, erect or abate a violation or to prevent the occupancy of a building, structure or premises. (4) UBC Section 301, Permits, Subsection (b), is amended to read as follows: (b) Exerpted Work. A building permit shall not be required for the fol- lowing: (1) One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 144 square feet. (2) Fences not over six feet high. (3) Oil derricks. (4) (table cases, counters and partitions not over five feet nine inches high. (5) Retaining walls which are not over four feet in height measured from the top of the footing to the top of the wall, unless sup- porting a surcharge or impounding flammable liquids. (6) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one. (7) Walks and driveways not over any basement or story below. (8) Painting, papering and similar finish work. (9) Temporary motion picture, television and theater stage sets and scenery. (10) Window comings supported by an exterior wall of Group R, Division 3, and Group M occupancies when projecting rot more than 54 inches. 73Z Ordinance No. 89-3406 Page 4 (11) Prefabricated swimming pools accessory to a Group R, Division 3, occupancy in which the pool walls are entirely above the adjacent grade if the capacity does not exceed 5,000 gallons and is less than 18 inches in depth. (12) Reapplication of roof shingles and siding of Group R, Division 3, and Group M occupancies if structural alterations are not needed. Unless otherwise exempted, separate plumbing, electrical and mechani- cal permits will be required for the above -exempted iters. Exemption from the permit requirements of this code shall not be deared to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordi- nances of this jurisdiction. (5) UBC Section 303, Expiration, Subsection (d), is amended to read as follows: (d) Expiration. Under the following circumstances, every permit issued by the building official under the provisions of this code shall expire by limitation and becme null and void: (1) if the building or work authorized by such permit is not com- menced within 180 days from the date of such permit; (2) if after 180 days from the date of such permit, less than 10 percent of the total cost of all construction, erection, altera- tion, enlarganent, repair, darolition or other work covered by such permit is carpleted on the site; (3) if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days; (4) if the building or work authorized by such permit is not coon pleted within twenty-four (24) months from the date the permit was issued. Before such work can be recamoced, a new permit shall be first obtained so to do, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that the expiration of the permit for such work has not exceeded one year. In all other cases, in order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an exten- sion of the tine within which he may comence work under that permit when he is unable to commence wok within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days upon written request try the permittee showing that circuo- stances beyond the control of the permittee have prevented action from being taken. No permit shall be exterded more than once. (6) UBC Section 304, Fees, is amended to read as follows : (a) General. All fees for and/or associated with each required permit shall be paid to the City as set forth in the fee schedule as etablished by resolution by the City Council. The latest edition of the Building Standards as prepared by the International Conference of Building Officials may be used to determine the valuation of a permit. 73 a2 Ordinance No. 89-3406 Page 5 (7) UBC Section 307, Certificate of Occupancy, Subsection (a), is amended to read as follows: (a) Use or Occupancy. No building or structure of Group A, B, E, H, I or R occupancies shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be node until the building official has issued a Certificate of Occupancy therefor as provided herein. (8) UBC Section 401, Definitions, General, is amended to reed as follows: General. For the purpose of this code, certain term, phrases, words and their derivatives shall be construed as specific in this chapter. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's New Colle- giate Dictionary shall be considered as providing ordinarily accepted meanings. (a) -(e) Reserved. (8) UBC Section 407, Definitions, "F", the "definition of "Family," is amended to read as follows: FAMILY. One (1) person or hwo (2) or more persons related by blood, marriage, adoption or placement by governmental or social service agency, occupying a dwelling unit as a single housekeeping organization. A family may also be two (2), but not more than two (2), persons not related by blood, marriage or adoption. (g) UBC Section 408, Definitions, "G", the definition of "guest" is amended to read as follows: GUEST. An individual who shares a duelling in a non-perrenent status for not more than 30 days. (h) UBC Section 409, Definitions, "H", the definition of "hotel" is amended to read as follows: HOTEL. A residential building licensed by the state and occupied and used prinicipally as a place of lodging for guests. (i (q) Reserved. (4 UBC Section 419, Definitions, "R", the definition of "roaming house" is amended to read as follows: ROf1UNG HOUSE. Any dwelling or that part of any dwelling containing one or more roaming units in which space is let by the owner or operator to four (4) or more roarers. (s) Reserved. t UBC Section 421, Definitions, 'T', the definition of "truss" is amended to read as follows: TRUSS. Is a pre -built and engineered carponent employing one or more triangles in its construction or an approved designed and engineered compo- nent that functions as a structural support medmr. (9) UBC Section 1201, Requirements for Group R Occupancies, Division 1, is amended to read as follows: Division 1. Hotels, apartment houses and rooming houses. Convents and monastery (each accarmodating more than ten(10) persons). (10) UBC Section 1205, Light, VentilatU and Sanitation, Subsection (a), is wended to read as follows: (a). Light and Ventilation. All guest rooms, dormitories and habitable rocas within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than eight percent (8%) 73z ordinance No. 89-3406 Page 6 of the floor area of such room with a minims of eight (8) square feet. All bathrooms, water closet canpartnents, laundry room and similarrroos shall be provided with natural ventilation by means of opehab le ior openings with an area not less than one -twenty-fifth (1/25) of the floor area of such roan with a minims of one and one-half (1 1/2) square feet. All guest roams, dormitories and habitable room within a dwelling unit shall be provided with natural ventilation by means of cpeable exterior openings with an area of not less than ane -twenty-fifth (1/25) of the floor area of such room with a minimm of far (4) square feet. In lieu of required exterior openings for natural ventilation, a me- chanical ventilating system may be provided. Such system shall be capable of providing two (2) air changes per hour in all guest room, dormitories, habitable room and in public corridors. one-fifth (1/5) of the air supply shall be taken from the outside. In bathrooms, water closet coparbments, laundry roans and similar rooms, a mechanical ventilation system connected directly to the outside, capable of providing five (5) air changes per hour, shall be provided. For the purpose of determining light and ventila- tion requirements, any roan may be considered as a portio of an adjoining ram when ane -half (1/2) of the area of the comron wall is open and unob- structed and provides an opening of not less than eight (8) percent of the floor area of the interior roan or twenty-five (25) square feet, vhichever is greater. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. EXCEPTIONS: 1, Required windows may open onto a roofed porch where the porch: a. Abuts a street, yard or court; and b. Has a ceiling height of not less than seven (7) feet; and c. Has the longer side at least sixty-five (65) percent open and unobstructed. 2. Kitchens reed rot be provided with natural light by means of exterior glazed openings provided artificial lighting is provided. (11) UBC Section 1207, Roan Dimensions, Subsection (a), is amended to read as follas: (a). Ceiling Heights. Habitable space shall have a ceiling height of not less than seven feet six inches (7'6") except as otherwise permitted in this section. Kitchens, halls, bathrooms and toilet coparbrents may have a ceiling height of not less than seven (7) feet measured to the lavest projection from the ceiling. Where exposed beam ceiling nembers are spaced at less than 48 inches on center, ceiling height shall be measured to the bottom of these m3rbers. Where exposed beam ceiling members are spaced at 48 inches or more on center, ceiling height shall be measured to the bottan of the deck supported by these mmerbers, provided that the bottom of the members is not less than seven (7) feet above the floor. If any ram in a building has a sloping ceiling, the prescribed ceiling height for the roan is required in only one-half (1/2) the area thereof. No potion of the room Treasuring less than five (5) feet fran the finished floor to the finished ceiling shall be included in any carputation of the minimum area thereof. If any roan has a furred ceiling, the prescribed ceiling height is he the area height in two-thirds furred ceiling)be less than seven�,but in (7) feet.ro case shall the 73z Ordinance No. 89-3406 Page 7 EXCEPRONS: 1. The ceiling height in Group R, Division 3 occupancies, may be re- duced to six feet eight inches (6'8") for mein support beams, but in no case shall reduce the prescribed ceiling height by less than two-thirds (2/3) of the floor area of the ram. 2. The ceiling height in basements of Group R, Division 3 occupancies which existed prior to the adoption of the 1983 Uniform Building Code, may be reduced to seven feet, but shall meet all other re- quirements of the code. (12) UBC Chapter 17 is amended by adding the following new section 1717, Minimum Ceiling Heights, to read as follows: All occupancies shall have a mininm ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling except as otherwise required by this code. (13) UBC Chapter 17 is amended by adding the following new Section 1718, Trusses, to read as follows: Preparation, fabrication and installation of trusses shall conform to accepted engineering practices and to the requirements of this code. No alterations, including but not limited to cutting, splicing or reroval of webs, gussetts or cords, shall be made without approval of a certified engineer and the building official. Any alterations rat acceptable to the building official shall be corrected or the altered membw removed and replaced with an acceptable method of construction. (14) UBC Section 1807, Special Provisions for Group B, Division 2 office Buildings and Group R, Division 1 occupancy, subsection (a), is anehded to read as follows: (a). Scope. This section shall apply to all Group B, Division 2, office buildings and Group R, Division 1, occupancies located in buildings which are more than four (4) stories or sixty-five (65) feet above the lowest level of fire department vehicle access or of greater height than the ladder capability of the fire department from the hest level of department vehicle access. Such building shall be provided with an automatic sprinkler system in accordance with Section 1807.(c). (15) UBC Section 2516, General Construction Requirements, Subsection (f).4.., is amended to read as follows: Sec. 2516.(f).4.B. Attics. Draft stops shall be installed in attics, mansards, overhangs, false fronts set out from walls and similar concealed spaces of buildings so that the area between draft stops does not exceed three thousand (3,ODD) square feet and the greatest horizontal dimension does not exceed sixty (60) feet. Such daft stops shall be above and in line with the walls separating tenant spaces from each other and divide the attic spaces into apprximately equal areas. EXCEPTION: 1. Where approved automatic sprinklers are installed, the area between draft stops may be nine thousand (9,000) square feet and the great- est horizontal dimension may be one hundred (100) feet. 2. Draft stops in attics of single-family dwellings may be anitted. (16) UBC Section 2907, Footings, Subsection (a), is amended to read as follows: (a). General. Footing and fourdations, unless otherwise specifically provided, shall be constructed of masonry, concrete or treated wood in conformance with U.B.C. Standard No. 29-3 and in all cases shall extend below the frost line. Footings of concrete and masonry shall be of solid material. Foundations supporting wood shall extend at least six (6) inches 73.. Ordinance No. 89-3406 Page 8 above the adjacent finish grade. Footings shall have a minimum depth as indicated in Table No. 29-A unless another depth is recamended by a founda- tion investigation. EXCEPTION: A ane -story accessory building not used for haren occupancy and not aver one -thousand (1,000) square feet in floor area need not be provided with a footing extending below the frost line. TABLE M. 29-A, Foundations for Stud Bearing Walls - Minimm require- m2nts, is worded to read as follows: Ordinance No. 89-3406 Page 9 TABLE NO. 29-A - FOUNDATIONS FOR STUD BEARING WALLS - MINIMUM REQUIREMENTS Minimum Depth of Number of Thickness of Foundation Below Floors Foundation Walls Minimum Natural Surface of Supported (Inches) Width Thickness Ground or Finish By the Unit Footing of Footing Grade (Whichever Foundationl Concrete Masonry Inches Inches is Lower (Inches) 1 8 8 16 8 42 2 8 8 16 8 42 3 8 10 18 8 42 Foundations may support a roof in addition to the stipulated number of floors. Foundations supporting roofs only shall be as required for support- ing one floor. 73z Ordinance No. 89-3406 Page 10 (17) UBC Section 3205, Attics: Access, Draft Stops and Ventilation, Subsection (a), is amended to read as follows: (a). Access. An attic access opening shall be provided in the ceiling of the top floor of buildings with combustible ceiling or roof construc- tion. The opening shall be located in a corridor or hallway of buildings of three (3) or more stories in height and readily accessible in build- ings of any height. Closets are not deemed to be readily accessible. The clear opening shall be not less than twenty inches by thirty inches (20"x30"). Thirty inch (30") minimum clear head room shall be provided above the access opening. Attics with a maximum vertical clear height of less than thirty inches (30") need not be provided with access openings. (18) UBC Section 3306. Stairways, Subsections (j) and (p), are amended to read as follows: (j). Handrails. Stairways shall have handrails on each side, and every stairway required to be more than 88 inches in width shall be provided with not less than one intermediate handrail for each 88 inches of required width. Intermediate handrails shall be spaced approximately equally across the entire width of the stairway. EXCEPTIONS: 1. Stairways less than 44 inches in width or stairways serving one individual dwelling unit in Group R, Division 1 or 3 Occupan- cies may have one handrail. 2. Private stairways 30 inches or less in height may have hand- rails on one side only. 3. Stairways having less than four risers and serving one individ- ual dwelling unit in Group R, Division 1 or 3, or serving Group M Occupancies need not have handrails. The top of handrails shall be placed not less than 30 inches nor more than 38 inches above the nosing of treads. They shall be continuous the full length of the stairs and except for private stairways at least one handrail shall extend not less than 6 inches beyond the top and bottom risers. Ends shall be returned or shall terminate in newel posts or safety terminals. The handgrip portion of the handrails shall be not less than 1-1/2 inches nor more than 2 inches in cross-sectional dimension or the shape shall provide and equivalent gripping surface. The handgrip portion of handrails shall have a smooth surface with no sharp corners. Handrails projecting from a wall shall have a space of not less than 1-1/2 inches between the wall and the handrail. (p). Headroom. Every stairway shall have a headroom clearance of not less than 6 feet 8 inches. Such clearances shall be measured vertically from a plane parallel and tangent to the stairway tread nosings to the soffit above at all points. EXCEPTION: Within individual dwelling units the headroom clearance may be reduced to 6 feet 6 inches. (19) UBC Section 3314. Exit signs, Subsection (a) is amended to read as follows: (a). Where Required. Exit signs shall be installed at required exit doorways and where otherwise necessary to clearly indicate the direction of egress when the exit serves an occupant load of 12 or more. EXCEPTION: Within individual dwelling units, guest rooms and sleeping rooms exit signs will not be required. 73Z Ordinance No. 89-3406 Page 11 (20) UBC Section 3802(h). Group R, Division 1 Occupancies, is amended to read as follows: (h). An automatic sprinkler system shall be installed throughout every apartment house three or more stories in height or containing more than 15 dwelling units, and every hotel three or more stories in height or containing 20 or more guest rooms. Residential or quick -response standard sprinkler heads shall be used in the Nelling unit and guest room portions of the building. For the purpose of this section, area separation walls shall not define separate buildings. (21) UBC Section 4506, Awnings, Subsection (b), is amended to read as follows: (b) Construction. Awnings shall have non-combustible frames but may have combustible coverings. Every awning shall be collapsible or retractable. When collapsed, retracted or folded against the face of the supporting building, the design shall be such that the awning does not block any required exit. EXCEPTIONS: (1) A fixed awning not more than 20 feet in lengti may be erected over a doorway or window of a building. (2) A fixed awning may be of any length when constructed of a flame retardant material and be designed to allow ground ladder access to the upper level windows. The flame retardance of the material shall be integral to the fabric, not a temporary treatment. Ladder access shall comply with NFPA recommendations, which will be determined by the Fire Chief. (22) Deletions. The following sections of the Uniform Building Code are not adopted: 1. Section 304.(b), (c) and (e). 2. Section 305.(e), 2 and 4. 3. Table No. 3-A. 4. Section 511. 5. Section 1205.(b), (c) and (d). 6. Section 1214. 7. Section 1707.(c) and (d). 8. All Appendix Chapters. SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with the provision o this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or part of the Ordinance shall e a ,lu ge o e 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 required by law. Passed and approved this 2ndday of May, 1989. /P ' '// MAYOR �n"ATTEST: '^ IA . Tn IA CITY CLERK fir S T0, FORM list .... ya/89 LEGAL DEPARTMENT 73Z It was moved by Balmer and seconded by Ambrisco that the Ordinance as rea e a opte , and upon roll call t ere were: AYES: NAYS: ABSENT: X Ambrisco K Balmer x_ Courtney K Horowitz x Kubby x_ Larson x McDonald First Consideration 4/18/89 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco, Balmer. Nays: None. Absent: None. Second Consideration ------- Vote for passage: 1 . Date published 5/10/89 i I fl Moved by Balmer, seconded by Ambrisco, 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: Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz, Kubby. Nays: None. Absent: None. i ORDINANCE NO. 89-3407 AN OROIwta AMENDING CVAhPTER 8, ARTICLE IV, "TIE MEGMICAL CODE," BY ADOPTING RE 1988 EDITION OF lVE INIFCFd M MICAL CODE WITH CERTAIN AMBOENTS THEREM. BE IT ENACTED BY THE CITY COINCIL OF THE CITY OF I04W CITY, IOH14: SECTION 1. Rk2POSE. The purpose of this ordinance is to adopt the 198B Edition of the Uniform Mechanical Code as prepared and edited try the Interna- tional Conference of Building Officials and to provide for certain mEncents thereof; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa; and to provide for the enforcement thereof and for the penalties for the violation thereof. SECTION 2. ADOPTION. Subject to the following arendnants, the 1988 Edition of e Uniform Mechanical Code is hereby adopted. Said Code shall be known as the Iowa City Mechanical Code, or the Mechanical Code. SECTION 3. PbENIUM. Article IV of Chapter 8 of the Code of Ordinances of e City of Ioda City, Iowa, is hereby repealed and the follahng new Article IV (Mechanical Code) is enacted in lieu thereof: ARTICLE IV. N3iKCAL CCE. Sec. ". Adepted. Subject to the following a:endnents, the 1988 Edition of the Uniform Mechanical Code is hereby adopted. Said Code shall be knom as the Iowa City Mechanical Code, or the Mechanical Code. Sec. ". Avend ants. The 1980 Edition of the Uniform Mechanical Code (LFL) is arended as follows: (1) K Section 203, Board of appeals, is wended to read as follows: Any person affected by any action, interpretation or notice issued by the Building Official with respect to the UnifDin Mechanical Code VW5��nistrative on of the Building Official to the Board of hallbe in accordance with the procedures set Administrative Code. (2) K Sectim 204, Violations, is anerded to read as follows: VIOUITll18. (a) Notices. Whenever the building Official is satisfied that a building or structure or any work in connection therewith, the erection, construction, alteration, execution, or repair of which is regulated, pennitted, or forbidden by this code is being directed, constructed, altered, or repaired in violation of the provision or requirements of this code or in violation of a detailed statement or of a plan submitted and approved thereunder or of at or certificate issued thereunder, he/she my serve a written order on notice upon the person responsible therefore directing discontinuance of such illegal action and the renedying of the condition that is in violation of the provisions or requirements of this code. In case such notice or order is not prmptly complied with, the Building Official may request the City Attorney to institute an appropriate action or proceeding at law or in equity to restrain, collect, or remove such violation on the execution of work thereon or to restrain or correct the erection or altera- tion of or to require the reroval of or to prevent the occupa- tion or use of the building or structure erected, constructed, 7-45 Ordinance No. 89-3407 Page 2 or altered in violation of cr not in compliance with the provisions of this code or with respect to which the require- ments thereof or of any order or direction made pursuant to provisions contained therein, shall not have been carplied with. (b) Penalties. A person who shall violate a provision of this code or fail to camply therewith or with any of the requirements thereof or who shall erect, construct, alter, or repair or have erected, constructed, altered, or repaired a building or structure in violation of a detailed statement or plan submitted and approved thereunder shall be guilty of a misdemeanor punishable by a fine not exceeding $100 and/or imprisorrrent not exceeding 30 days. The owner of a building, structure, or premises where anything in violation of this cock shall be placed or shall exist and an architect, builder, contractor, agent, person or corporation employed in connection therewith, or any who may have assisted in the cmmission of such violation shall be guilty of a separate offense. (c) Abatement. The imposition of penalties herein prescribed shall not preclude the City Attorney from instituting appropriate action or proceeding to prevent an unlawful erection, construc- tion, reconstruction, alteration, repair, conversion, mainte- nance, or to restrain, correct, or abate a violation or to prevent the occupancy of a building, structure, or premises. (3) M Section 304, Fees, subsection (b) is weeded to read as follows: (b) Permit Fees. A fee for each permit and fees for inspections associated with said permits shall be paid to the Building Official as established by resolution of Council. Where work for which a permit is required by this code is started prior to obtaining a permit, the fee specified in this code shall be doubled. The payment of a doubled fee shall rot relieve persons from fully complying with the requirements of this code in the execution of their work nor from any other penalties prescribed herein. (4) K Section 305, Inspections, %flection (t) is amended to read as follows: (f) Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when required correc- tions have not been made. This provision is not to be interpreted as requiring inspec- tion fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the jab is suffi- ciently carpleted to enable inspection or reinspection. Reinspection fees may be assessed when the approved plans are not readily available to the inspect or, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official. In instances where reinspection fees have been assessed, no additional inspection of the work will be perfoned until the required fees have been paid. X33 Ordinance No. 89-3407 Page 3 (5) X Section 509 is amended to read as follows: EquiPmnt regulated by this code requiring electrical connections of none than 50 volts shall have a positive means of disconnect adjacent to and in sight frau the equipment served. A 120 -volt receptacle shall be located within 25 feet of the equipment for service and maintenance purposes. The receptacle shall be located on the sam level as the equipment. Lad -voltage wiring of 50 volts or less within a structure shall be installed in a manner to prevent physical damage. (6) Deletions. TIE FOLL041ING SECTIONS OF PE WIFOR41EGANICAL CODE ARE NUT ADOPTED: (1) Table 3-A (2) Section 304(c). 3 All Appendix Chapters. SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with e provision is ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or part of the Ordinance a s a 3u to 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 required by law. Passed and approved this 2nd day of May, 1989. IV ATTEST: 2 CCl CLFRK C4t Tq F07/ LEGAL DEPARTMENT 733 It was moved by Balmer and seconded by Ambrisco that the Ordinance as rea e a opte —,and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Balmer x Courtney x Horowitz x Kubby x Larson x McDonald First Consideration 4/18/89 Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney. Nays: None. Absent: None. j Second Consideration --------- Vote for passage: Date published 5/10/89 Moved by Balmer, seconded by Ambrisco, 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: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Nays: None. Absent: None. 733 i ORDINANCE NO. 89-3408 AN ORDINANCE AMENDING CHAPTER 12, ENTITLED "FIRE PREVENTION AND PROTECTION" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 12-16, 12- 18, 12-19, 12-20, 12-21 AND 12-47, THEREIN TO, RESPECTIVELY, ADOPT THE 1988 EDITION OF THE UNIFORM FIRE CODE WITH CERTAIN AMENDMENTS AND PROVIDING FOR INSPECTION FEES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. PURPOSE. The purpose of this ordinance is to repeal certain sections of the Iowa City Fire Prevention and Protection Code and to adopt the 1988 Edition of the Uniform Fire Code with certain amendments which will then become part of the Iowa City Fire Prevention Code and to provide for the establishment of inspection fees. SECTION 2. That Chapter 12, "Fire Prevention and Protection" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 12-16, and enacting in lieu thereof a new section to be codified the same to read as follows: Section 12-16. Adopted. Subject to the following amendments, the 1988 Edition of the Uniform Fire Code is hereby adopted. SECTION 3. That Chapter 12, "Fire Prevention and Protection" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 12-18, and enacting in lieu thereof a new section to be codified the same to read as follows: Section 12-18. Storage zones for explosives and blasting agents. In accordance with provisions of Section 77.106, the storage of explosives and blasting agents is limited to I-2 zones, as established by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. SECTION 4. That Chapter 12, "Fire Prevention and Protection" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 12-19, and enacting in lieu thereof a new section to be codified the same to read as follows: 7311 Ordinance No. 89-3408 Page 2 Section 12-19. Storage zones for flammable and combustible liquids in outside above -ground tanks. In accordance with the provisions of Section 79.501, the storage of Class I and Class II liquids in outside above -ground tanks is limited to I- 2 zones, as established by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. SECTION 5. That Chapter 12, "Fire Prevention and Protection" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 12-20, and enacting in lieu thereof a new section to be codified the same to read as follows: Section 12-20. Storage zones for liquified petroleum gas. In accordance with provisions of Section 82.104, bulk storage of liquified petroleum gas exceeding 2000 gallons water capacity is limited to I-2 zones, as established by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. SECTION 6. That Chapter 12, "Fire Prevention and Protection" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 12-21, and enacting in lieu thereof a new section to be codified the same to read as follows: Section 12-21, Amendments. 1988 Edition of the Uniform Fire Code (UFC) is amended as follows: (1) UFC Section 79.201 is hereby amended to read as follows: Section 79.201(a). Scope. This division shall apply to the storage of flammable and combustible liquids in drums or other containers not exceeding 60 -gallon individual capacity and the storage of portable tanks not exceeding 300 gallons individual capacity. For the purpose of this article, flammable aerosols and unstable liquids shall be treated as Class 1-A liquids. (2) UFC Section 10.306(h) Group R, Division 1. Occupancies, is hereby amended to read as follows: An automatic sprinkler system shall be installed throughout every 73y Ordinance No. 89-3408 Page 3 apartment house three or more stories in height or containing more than 15 dwelling units, and every hotel three or more stories in height or containing 20 or more guest rooms. Residential or quick - response standard sprinkler heads shall be used in dwelling unit and guest room portions of the building. For the purpose of this section, area separation walls shall not define separate buildings. (3) UFC Section 11.208 is hereby amended to read as follows: (a) For permit to operate a parade float, see Section 4.101. (b) Delete. (c) All motorized apparatus shall be provided with an approved portable fire extinguisher of at least 2-A, 10 -B -C rating readily accessible to the operator. (4) UFC Section 12.108(a) Exit signs, subsection is amended to read as follows: Where Required. Exit signs shall be installed at required exit doorways and where otherwise necessary to clearly indicate the direction of egress when the exit serves an occupant load of 12 or more. EXCEPTION: Within individual dwelling units, guest rooms and sleeping rooms exit signs will not be required. (5) UFC Section 79.601 Division VI Tank storage underground, outside or under buildings, is amended as follows: The United States Environmental Protection Agency (EPA) has new rules and regulations on new and existing underground tanks. The State of Iowa has adopted these rules. Their requirement will supersede the 1988 Uniform Fire Code. SECTION 7. That Chapter 12, "Fire Prevention and Protection" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 12-47, and enacting in lieu thereof a new section to be codified the same to read as follows: Ordinance No. 89-3408 Page 4 Section 12-47. Inspectors; inspection fees. (a) The chief of the fire department may detail such members of the fire department as inspectors for the bureau of fire prevention, as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department, and appointments shall be made only after examination and shall be for an indefinite term with removal only for cause. (b) Fees for inspections and other services related to enforcement of the code adopted by Article II of this chapter shall be established by the City Council by resolution and paid to the Fire Department. SECTION 8. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 9. 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 unconstitu- tional. SECTION 10, EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 2nd clay of t,lay 1989. OR ATTEST: a MY CLERK red Form Legal Department 7331 it was moved by Balmer and seconded by Kubbv that the Ordinance as rea a adopte , and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco g Balmer X Courtney X Horowitz g Kubby X Larson X McDonald First Consideration 4/18/89 j Vote for passage: Ayes: Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz. Nays: None. Absent: None. Second Consideration ----- Vote for passage: Date published 5/10/89 �bved by Balmer, seconded by Ambrisco, 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 seconded consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco, Balmer. Nays: None. Absent: None. CROINANCE M. 89-3409 AN ORDINANCE NUDINi UW[ER 8, ARTICLE III, TfE DANGEROUS BUILDING CODE, BY ADOPTING THE 1988 EDITION OF THE UNIFOR4 CODE FOR THE ABATEMENT OF ONGERWS BUILDINGS WITH CERTAIN N4NDMENiS D ERETD. BE IT ORDAINED BY H CITY C0UINCIL OF TIE CITY OF IOA CITY, IOWA, THAT: SECTION 1. PURPOSE. The purpose of this ordinance is to adopt the 1988 Edi- son e m ore Cade far the Abatement of Dangerous Buildings as prepared and edited by the International Conference of Building Officials and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa; and to provide for the enforcement thereof and for the penalties for the violation thereof. SECTION 2. MAIMS. Article III of Chapter 8 of the Code of Ordinances of e City of Iowa City, Iowa, is hereby repealed in its entirety and the follow- ing new Article III (Abatement of Dangerous Buildings) is hereby enacted in lieu thereof: Article III. Abatement of Dangerous Buildings Sec. 8-31. Cade - Adapted. The Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition, is hereby adopted subject to the following amerxhents. Said code shall be known as the Iowa City Abatement of Dangerous Buildings Code or the danger- ous building code. Sec. 8-32. Sane - A endrents. The Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition, edited by the International Conference of Building Officials, is hereby amended as follows: (1) Sec. 201, General, is wended by adding the following definitions: Building official. The enforcement of the provisions of this code shall be the responsibility of the building official and whenever the words health officer or fire marshal shall be used in this code, it shall mean the building official. City manager. Whenever the wads public works director shall be used in this code, it shall mean the city manager. (2) Sec. 501, Appeal, is arcaded to read as follows: Any person affected by an action, interpretation or notice issued by the building official with respect to the Uniform Code for the Abate- ment of Dangerous Buildings may appeal the decision of the building official to the board of appeals. Such appeal shall be in accordance with the procedures set forth in the Iowa City Adninistrative Code. Sec. 8-33. Reserved. Sec. 8-34. Notice of proposed orders affecting historic properties. Except for emergencies as determined by the building official pursuant to the ordinances of the City of Iowa City, city enforcement agencies and deparbents shall give the historic preservation carmission at least thirty (30) days notice of any proposed order which Trey affect the exterior fea- tures of any building for remedying conditions determined to be dangerous to life, health or property. Sec. 8-35.-8-43. Reserved. SECTION 3. REPEALER: All ordinances and parts of ordinances in conflict with provt�efi ton iiis ordinance are hereby repealed. 73S Ordinance No. 89-3409 Page 2 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 chole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 2nd day of May, 1989. WOR ATTEST: / CITY CLE PoC TO FORM LEGAL DEPARTMENT It was moved by Balmer and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: K Ambrisco X Balmer K Courtney x Horowitz x_ Kubby X Larson McDonald First Consideration 4/18/89 Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz, Kubby. Nays: None. Absent: None. Second Consideration ------- Vote for passage: Date published 5/10/8 Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two i 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: Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz. Nays: None. Absent: None.