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Home My WebLink About09-21-2016 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, September 21, 2016 — 6:30 PM City Hall Emma Harvat Hall AGENDA A. Call to Order B. Roll Call C. Appeal Item APL16-00001: CONTINUATION of the discussion regarding an appeal of a decision by Development Services to issue a building permit for a residential use on property located in the Low Density Single-family (RS-5) zone at 101 Lusk Avenue: alleging an error in the classification of the property as a residential use, wrongful approval of a site plan, and other zoning code errors. D. Board of Adjustment Information G. Adjourn NEXT BOARD OF ADJUSTMENT MEETING: Wednesday, October 12, 2016 Emma Harvat Hall, City Hall Marian Karr From: Sarah Walz Sent: Thursday, September 22, 2016 2:52 PM To: Marian Karr Subject: attachments from last night's BOA mtg. Attachments: Appellant 2nd BOA.pptx; CARLSON POWERPOINT 092016.pptx; Wierich exhibit 48 9.21.2016.pdf; Appellan amend 1 (a) 9.21.2016.pdf; Appellant amend 5(a) 9.21.2016.pdf; Dulek correction sanitary sewer notes.pdf; Boothroy letter 9.21.2016.pdf; Boothroy Memo 9.21.2016. pdf Marian, These are all the attachments and PowerPoints that were handed out or referred to at 9/21 Board of Adjustment meeting. Sarah Sarah Walz CITY OF IOWA CITY and METROPOLITAN PLANNING ORGANIZATION OFJOHNSON COUNTY 410 East Washington St. Iowa City, IA 52240 319-356-5239 LATE HANDOUTS AND PRESENTATIONS BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 C!fAppellant 2nd BOA Carlson Powerpoint Wierich exhibit 48 9.21.2016 Appellant amend 1 (a) 9.21.2016 Appellant amend 5 (a) 9.21.2016 Dulck correction sanitary sewer notes Boothroy Letter 9.21,2016 Boothroy memo 9.21.2016 D. J. M M s CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS IAMCAPE ARCID'I'ECIS BNVEmNIBNIAL SPHCIALm 1917S.GILBERTST. IMA CITY, IGWA M2 (319)381 2 l4M1W/.IIIRISCOfIBBlfanl .Fel U61 C ST. SW SUFPE D CEGAR RAPIDS, MAWQ4 � i019)8413180 Me IRerKIm SITE PLAN 101 Lusk Avenue Manville Addition Iowa City JOHNSON COUNTY IOWA MMS CONSULTANTS, INC 3115N6 omgre� AM beBz2xe� coat' saw rk r=za a bb� AM nroLece Rn IC 910➢-003 d: i 0 b m a .AppendrI 4 FIRE ACCESS IMPROVEMENTS - OPTION 1 oWl 702 Z z 204 612 9AYARD W , �[ LEXINGTON BAYARD J W Q J K < L a BAYARD STREET x EX SANITARY EX WATERMAIN (6' OI) MANHOLE — �� ROW�q EXISTING HYDRANT III PRIVATE SEWER _ _ �LOCATIYELD(N MARKED IN F PROPERTY LINE FROM GIS 117 _— w LUSK 631 3AVARD w Q s a w � no u m O LUBK J TOi o LUSUS K I 34YARD j 26 p N EXISTING HYDRANT PROPOSED (TO BE RELOCATED) PAVEMENT EDGE w� PROPOSED EASEMENT ( ,4272 SF PROPERTY LINE / PROPOSED RELOCATED FIRE HYDRAN BUILDING 101 LUSK 095' ORAND/O RAILROAD _ LEGEND N w w eoaaSEFE GE IFIu;L a ism war. r,naawc,l 0 bo xa —..—.. —..— D111 111IDN FEET 11.1..EDECEGINT Appmc iY 5 FIRE ACCESS IMPROVEMENTS - OPTION 2 oWl 702 Z z 204 612 9AYARD D, , �[ LEXINGTON K BAYARD J W Q J < L a BAYARD STREET x EX SANITARY EX WATERMAIN (6' CH MANHOLE — �\ ROW[q S EXISTING HYDRANT III PRIVATE SEWER _ _ N MARKEO �LOCATIYIN FIELD) PROPERTY LINE FROM GIS 117 _— w LUSK 631 3AVARD w Q � s a w � no u LUBK LUSK SJYARD a 26' w EXISTING HYDRANT (TO BE RELOCATED) PROPOSED PAVEMENT EDGE w� R28' PROPosEo EASEMENT PROPERTY LINE (1,E08 SF) RELOCATED PROPOSED FIRE HvoRAN BUILDING ,III 101 70' LUSK R28' \ __ I �J ORAND/C RA/LROAO LEGEND N w w ism war. r�naawc,� 0 <o xa EDPaSEFE GE LFPa;L a EDGE a[a�v 11.1..EDDTSEGINT FEET Access I ow 702 204 602 ea rasa � � � L+=xn,�rcw BAYARD w¢ - - - � - tion 3 - L - BAYARQSTREET Ex SANITARY EXVYA71EAMAIN I6' Dq MANNO&E .—r—r�r�r�•� •�r�r—r— RQ ND EwSTING HYDRANT PRwATE $ER4FR 1 � IN DON YkhR,(ED FIE I1F CVERTY FFROOM431 I W •i7 w "6K I 631 I I r 84YAItD � 1 f . c i5 7i7 a r� i y W AYAl70 a EXIS71NG HYDRANT PROPOSED s �TCI EIE RELOCATED) PAVEMENT EDGE a I i PROPERTY PROPOSED LINE EASEMENT PROPOS RELOCATED FIRE H1'ORANT ` BUILDING. lot I LUSK t` LEGEND N —r—r— E]ISTri6 �OliER YAY i�OCRi CN FROM MPPRIA! D 10 BO —••—••—••— PrzpPoseo vuRew rxw FEET PFILWREO EOOE [F PAPEYEM "-^� PEO Ew9Crlxl Access tion 4 -02 BA YARD — WQ J ER SANITARY MANHOLE 204 IFXA(GTom S4YARD STREET V ens II SA YARD EX WATEPMAIN W' CI) p VD FASTING �- HYDRANT • �-- -_- - PRrvATE SEtVER I '- ZLOCATIDM AWRNED IN FIELD] CROP ERUN I ROMU1 I 717% L • w ff BAYAFtO I ! ' I a 155-6' ja I k rry Lusr 1 ;h� tIf I ��5 4 TOT 1 .6 LUSK 4 AYMO i� E&STING HWRANT I a � [f4 EE RELOCATED ] x YYY E I $PROPERTY 7FASEMEWr LINE BUIING PRGR �a PRQPOSED • PAVEMENT EDGE I L RELOCATED FIRE HYDRANT 1 LEGEND N —.—.— EIOfliNO LMTER YAM }LdT10N PRd11wJYiNOp 0 90 50 _.. _.. _.._ we�xq•ovura ww FEET PRO 13 E�9 PALE Y ENT T' T� hA'WMlC Ea9E1.lxl C. E. Couple Plans to Replicate University of Iowa's Kinnick Stadium With Nearly 7,500-Square-Foot House By KATIE KINDELAN Jun 24. 2016. 7:14 AM ET "My step -son suggested that if we're going to build a house to tailgate at it should mimic the stadium," Carlson, 64, told ABC News. "I'm kind of a theme guy anyways, so I thought that was a great idea." %W r- 073 t �Il rr :arm 4� I Ro 'All IN Ilk IlIlIl �. an Aw %tvixL1y kris " i . Il� r Olarking on Lusk Ave. 9-10-14 Iowa vs. Iowa 1•s � 44 Wt T. K. 4. Any use that cannot be clearly classified erode within an existing use category by the k-2A-4 procedures noted above is prohibited, unless incorporated into this title by a zoning code text amendment, the procedures for which are outlined in chapter 81 article D Zonina Commission A "Planning And roval Procedures", of th title. A specific use that cannot be classified into an existing use category shall not be erm itted, provisional, or a s listed as exception in any zone without first establishin ecial a new use category within this article by zonina code text amendment 103.1 Access Road Width with a Hydrant 5 International Fire Code endix D, Fire Apparatus Access Roads here a fire hydrant ocated on a fire paratus access ad, the minimum ad width shall be feet, exclusive of oulders. W 2.V T MINIMUM CLEARANCE AROUND A FIRE HYDRANT K. S. 14-4A-2: CLASSIFYING USES: A. Use Characteristics: 1. Land uses are assigned to the use category that most closely describes the nature of the principal use. A number of the most common uses are listed under the "examples" subsection for each use category. In some zones, developments may have more than one principal use. Developments may also have one or more accessory uses. For uses not listed as examples, the following is a list of factors to be considered when classifying a use into a particular category, and is also used to determine whether the activities constitute principal uses or accessory uses: 14-4A-4: Any use that cannot be clear) classified within an existing use category ... is prohibited. =rnational Residential Code (IRC) 2015 TELLING UNIT R202: A single unit providing comr ependent living facilities for one or more persons, uding permanent provisions for living, sleeping, ing, cooking and sanitation. 101 Lusk Ave. Permit Case Status IOI 11-CU 0.I FAOVM II JUl I MU1M II UIII 101111 ly III 11 l0 IIVIO. Change Status to I Staff : TPH Status : DONE Issued : 6/28/2016 Notes : Revised site plan submitted showing the driveway on the north side of the property. Suspension of the permit is lifted 1:00 on June 28, 2016 as requested by Doug Boothroy. Permit !!SUSPENDED!! Staff : TJG Status : DONE (F) Issue permit Staff : JLR Status : DONE HOLD Staff : TJG Status : DONE Date1 : 4/19/2016 Date2 : 4/19/2016 Notes : Contractor or owner must verify capacity and condition of private sewer HOLD Staff : TJG Status : DONE Date1 : 4/19/2016 Date2 : 4/19/2016 Date Suspended 6/14/2016 Date: 5/25/2016 Date To Check: 5/25/2016 Date To Check: 5/25/2016 Notes : affidavit of use must be signed by owners and a recorded copy returned to City before building permit can be issued. Staff : TJG Status : DONE Staff : TJG Status : DONE Staff : TJG Status : DONE Nntes HOLD - energy review Date1 :4/6/2016 Date2:4/6/2016 HOLD - site plan review Date1 :4/6/2016 Date2:4/6/2016 Review - PLAN CHECK Date1:4/6/2016 Date2:4/6/2016 Date: 5/25/2016 Date: 5/17/2016 Date: 5/25/2016 q BUILDING PERMIT City of Iowa City Permit # : BLD16OD162 Issued : 5/2612D18 Applicant Name; FREDERIC R & SANDRA M CARLSON JDbAddress : 101 LUSKAVE Parcel #: 1009155004 :one: ? Project Name: INFILL LOT RMDOW R e SANDRAM CAM CITY OF IOWA CITY 2WAARt1N OR 101 LUSKAYE KwW10RK IA =40 IOt ere IA 62M LEGALDESCRITICN: SUBDRIISION:MANVILLEAMMON BLOCK:14 LOT.1 PROJECT DESCRIPTION :7804 Two story homa.15001t2 finished an upper Isva, 3455 flnlsfled on mairi level and 2W0 ikdshsd In basement TYPE OF USE: RSF BEDROOMS: 5 LOT DWELL UNrrS : 1 DIM.: TYPE OF IMPR : NEW STRUCTUR: AREA: or FRAME TYPE : WOOD DW : 79 X DV SETBACKS M- OOD GROUP: ? AREA: 4,960.00 of FR : IBM RE: 39.10 TYPECONST: 7 GARAGE IT: RT-. BAO BASEMENT?: F DIM: 2525 X 83 COKE PRICE : $750,000 STORIES: 2A0 AREA: 109Mof ZONING DISTRICT: RS-6 FIRE SPKLRS REO'D? : N TREE ORD APPLIC? : N OVERLAYZONE: FIRE EXTNGREO'D?; N HANDICAPREQAPPLIC?: N REQ'D PARKING: 4,00 AIRPORT ZONE : N ST ENER OODE APPLIC/ : Y FIRE DETECT REQ'D?: Y FLOODPLAIN : N CERT OF OCC RECfD? : Y NOTICE Soparato perms are r **w for bmbrg, sierrcleal, plummmh hedhv, air cwnditlor ft, aralpns. This parm t becomes redl and void ItwodtoroauUmosm outabod Is sot commenced w NhIn 180 days, or K cw*hxtlon or wort N WePwded of sbelMoned fare period of 100 depot wW me atierwork Is cermmrmd. At pawlelorla of brae and wdnwww guveming this wore must be d with wNftr sped8ad homin or not Thts Permit does root dpr �r%8rselty suto violate or cancel the provisions of wW DOW $1010 OrbW haw mguhdng consWcBan or the pwbmwm x Em,�,/act h �fool�r,»Jf1c,6 Slgnture dA01co ri Data �n• !f Qe s/zs Il6 slgnem,re of Bu 1mIDw /'t From: Roger Overton Sent: Wednesday, June 29, 2016 12:07 PM To: 'bada_iowacity@yahoo.com' Cc: Tim Wilkey; Ron Knoche; Jason Havel Subject: City Sanitary sewer conditions. Dear Mr. Ackerman, The City Wastewater Division has inspected it's 8"sanitary sewer mains in the Lusk Ave and Bayard St area and they appear to be in good working condition and capable of accommodating additional flow from the proposed single family house that will be built at 101 Lusk Ave. The City doesn't have any information about the condition of the joint private sewer that you share with your neighbors. 1Zav c (7vr_""ft Assistant Superintendent City of Iowa City Wastewater Treatment Division Office- 319-887-6104 Cell-319-321-3353 s at time of ling Permit -16 i Entrance a '� i MM ��• it cm=.er � l i itted 6-23-16 Entrance Rebuttal Frederic Raatl Carlton • F. x rr - C A tj httpsl/www.facebook.com/search/top/?q=frederic%20reed%20carlson Top Latest People Photos Videos Pages Places Groups Apf Ted Burton Jacobsen J..ne 22 at 8 28am ,' Having spent over 30 years in Iowa City, and more than once as this family's Realtor, I am here to defend my friend of over 40 years, Reed Carlson. In my hometown of Decorah, the Carlson family supported the town for four generations. Reed's mother was a native of Iowa City, which gives him deep roots in Hawkeyeland. And there are no greater Iowa fans than this family. Think of Little Kinnick as another field of dreams that your grandchildren will come to visit. And let the Carlson's have their American freedom. People will come Reed. People will definitely come. Frederic Reed Carlson D. B. 14-4A-4: Any use that cannot be clearly classified within an existing use category ... is prohibited. Below copied from Iowa City code: http://www.sterl i ngcod ifiers.com/codebook/i ndex. ph ?book id=953 14-4A-1: PURPOSE: This article classifies land uses and activities into use categories on the basis of common functional, product, or physical characteristics. The use categories provide a systematic basis for assignment of present and future uses to zones. Certain use categories are broken down into subgroups if further distinction is needed. The decision to permit, permit with provisions, or allow by special exception a particular use or use category in the various zones is based on the goals and policies of the comprehensive plan and the stated purposes of the base zones. (Ord. 05-4186, 12-15-2005) 14-4A-2: CLASSIFYING USES: Kerns h reed are addedo A. Use Characteristics: 1. Land uses are assigned to the use category that most closely describes the nature of the principal use. A number of the most common uses are listed under the "examples" subsection for each use category. In some zones, developments may have more than one principal use. Developments may also have one or more accessory uses. For uses not listed as examples, the following is a list of factors to be considered when classifying a use into a particular category, and is also used to determine whether the activities constitute principal uses or accessory uses: a. The description of the use or activities in comparison to the stated characteristics of each use category; Owner for the rned'M stateso Ta'� 0gaU n b. The intensity of the activity or use in comparison to the stated characteristics of each use category; Use Urne-0 92% Taoflga oMg, o% ReMdento 0 Couple Plans to Replicate University of Iowa's Kinnick Stadium With Nearly 7,500-Square-Foot House By KATIE KINDELAN Jun 24. 2016. 7:14 AM ET r "My step -son suggested that if we're going to build a house to tailgate at it should mimic the stadium," Carlson, 64, told ABC News. "I'm kind of a theme guy anyways, so I thought that was a great idea." c. The amount of site or floor area and equipment devoted to the use or activity; Square footage-. Cog% Tafl aUng, 31 G°eMdent' 0 d. The presence of and amount of sales from each use or activity; e. The customer type for each use or activity. For example, do individual customers come to the site or does the firm primarily sell goods or services to other firms? f. The number of employees involved in the use or activity; g. The hours of operation; h. The building and site arrangement; Courtyard floes. 000% Tafl aUng, 20% G°eMdent' 0 i. The type of vehicles used for the activity; j. The number of vehicle trips generated by the use or activity; k. How the use advertises itself; I. Whether the use or activity would be likely to be found independent of the other activities on the site; Owners wood not dodo there of not for TaoloaUn m. Whether the use is subordinate to and serves another use in the development; n. Whether a use is subordinate in area, extent or purpose to the principal building or use served; o. Whether the use contributes to the comfort, convenience or necessity of occupants, customers, or employees of a principal use; and p. Any other relevant evidence regarding use or activity that would help to classify a particular land use. 2. In cases where a specific use is not listed as an example, the director of housing and inspection services shall determine the appropriate category for a use based on the factors listed in subsection Al of this section. 3. In cases of dispute, the zoning code interpretation panel will issue a written use determination. Such determination may be appealed to the board of adjustment according to the procedures outlined in chapter 8, article C, "Board Of Adjustment Approval Procedures", of this title. If an appeal is made, the board of adjustment shall determine whether the city has made an error in classifying the subject use based on the facts in evidence and the factors listed in subsection Al of this section. 4. Any use that cannot be clearly classified within an existing use category by the procedures noted above is prohibited, unless incorporated into this title by a zoning code text amendment, the procedures for which are outlined in chapter 8, article D, "Planning And Zoning Commission Approval Procedures", of this title. A specific use that cannot be classified into an existing use category shall not be listed as permitted, provisional, or a special exception in any zone without first establishing a new use category within this article by zoning code text amendment. SITE CONDITIONS �j SIM LEXINGTON f O � y~U' W � wn J lmwnnnMnu.o�sx�.' uunnxixnn�.uxnna�nuutirnu�xmrxxwnn.'xmw •�x�•BAYARD _ _ ST +l... •Fxx� _ x..i....xF.xxryRMh s f _ _ 117 LUSK . i BAYARD II I j z IY a I J j LUSK I I I 1 I I !x I PROPOSED DRIVEWAY � I I PROPOSED I I BUILDING LeganJ ucixcmxwrt ei ixouxrturvyervwmw CRAND/C RAILROAD II I w�E hbk ��MM ENGINEERING LATE HANDOUTS AND PRESENTATIONS BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 Appellant 2nd BOA Carlson Powerpoint Wierich exhibit 48 9.21.2016 Appellant amend 1 (a) 9.21.2016 Appellant amend 5 (a) 9.21.2016 Dulek correction sanitary sewer notes Boothroy Letter 9.21.2016 Boothroy memo 9.212016 Iowa City Board of Adjustment September 21, 2016 Appeal 16-00001 Presentation by Reed and Sandy Carlson The Carlson home is properly categorized using the criteria in the Zoning Code • Appellants wrongly assert that the City failed to undertake an analysis under § 14-4A-2. Because this is clearly a residence and that use is an example in the Zoning Code, this analysis is not applicable. • Nevertheless, Appellants rely on six of sixteen factors under §14A-4A-2(1): (a) (b) (c) (h) (j ) & (k) • Appellants make speculative accusations about the type of use they suspect the structure could be put to and presume unfairly the Carlsons will disobey the law. 14-4A-2(a) • "The description of the use or activities in comparison to the stated characteristics of each use category" • "Household Living Uses" characteristics are found in 14-4A-3 A: • "Characteristics: The residential occupancy of a dwelling unit by a single household or group household. Each dwelling unit contains its own facilities for living, sleeping, cooking and eating meals. Tenancy is arranged on a month to month basis, or for a longer period." • The Carlson residence has ONE set of facilities for cooking (i.e., one kitchen); one dining room, one laundry room, one master bedroom with master bath. This structure has clearly not been set up for commercial enterprises or multi -residential living. It might be well - adapted for a family of sports fans, but it is not adapted for commercial use. 14-4A-2(b) • "The intensity of the activity or use in comparison to the stated characteristics of each use category" • The Appellants offer only speculation to advance their argument; they make no credible argument related to this point because there is no use other than "residential" from which to build a comparison. There isn't a restaurant. There isn't a gift shop. All of the uses contemplated by the Carlson design are unquestionably residential. 14-4A-2(c) • "The amount of site or floor area and equipment devoted to the use or activity" • The Appellants offer nothing more than speculation and innuendo about the Carlson design and their intent. • Consistent with the Zoning Code, the vast majority of floor area is devoted to uses that are unquestionably residential or permitted accessory to residential: bedrooms, kitchen, family room, exercise room, garage. • The activities Appellants are most suspicious of (the sports court and theatre) are clearly permitted uses in a residential facility. Such features are present in other homes in Iowa City. The floor area devoted to these activities does not predominate. 14-4A-2(h) • "The building and site arrangement" • Again, Appellants offer only speculation and innuendo about the home to prop up their argument that the proposed structure is not a single family home. • It has a front door that can be approached from the street like virtually all residences. It has a separate entrance through an attached garage, similar to many, many homes in Iowa City. The arrangement of kitchens, bedrooms and bathrooms is not uncommon. • It is not sized or configured for a commercial enterprise — because it is not intended to be. 14-4A-2 (j ) • "The number of vehicle trips generated by the use or activity" • Appellants never explain how the Carlsons' proposed home generates more vehicle trips than any other residence. • Nothing in the Zoning Code allows you to deny a permit because the appearance of the residence is unique or because they allege curious people may want to see it. • Appellants' arguments are founded on the unsupported speculation that the Carlsons will violate the law, not in some violation of the Zoning Code. If any resident of Iowa City takes it upon himself to turn a residential property into a commercial enterprise, traffic counts may rise. That doesn't make structure itself non -conforming. 14-4A-2(k) • "How the use advertises itself" • The Carlsons have no intent to advertise anything about their home. • The comments Appellants attribute to the Carlsons weren't published by the Carlsons. • The Carlsons have consistently told everyone from the City Staff to you on the Board tonight that this is intended to be their home. CONCLUSION: 14-4A-2(1) • "land uses are assigned to the use category that most closely describes the nature of the principal use" • The City Staff correctly assigned the Carlsons' residence to the "category that most closely describes the nature of the principal use" This is NOT University Heights • Appellants would have you believe that if University Heights denied the Carlsons a building permit, the City of Iowa City should, too. • That argument has no merit. • The project, the process and the code are all different. Red Herring #1: A different project • As the City staff pointed out the structure proposed in University Heights is not the same one proposed in Iowa City. • It's enough for the Carlsons to have to defend their design in Iowa City without having to defend a different design in University Heights. • Error cannot be assigned to City staff for not imposing University Heights' regulations on a different design when considering the IC permit. Red Herring #2: A different stage of the process • U H's City attorney responded to a preliminary set of plans — NOT a decision from a Board of Review. • This Board should not consider that preliminary and conclusory opinion on a different project as evidence that the Carlsons' proposed residence in Iowa City is not permissible. Red Herring #3: A different code • The University Heights Zoning Code is different than the Iowa City Zoning Code. • Iowa law allows a city to adopt their own zoning rules which typically differ from city to city. • IC's Zoning Code discusses the characteristics of "residential uses" including facilities for sleeping, cooking and eating meals," the characteristics present in the Carlson home. • The email from the UH attorney relies on UH Ordinance Number 79. The ordinance doesn't use the terms "sleeping" "cooking" or "eating" as IC's 14-4A- 3(A) does. The Carlson home is properly categorized using the criteria in the Iowa City Zoning Code • It's not relevant or productive to consider what might have happened in University Heights if the same project had been submitted to the BOA under the same rules. • Your job, like the professional staff, is to apply the Iowa City Zoning Code. • The 2015 Residential Building Code expressly provides that if the proposed work conforms to the requirements of this code and the applicable laws and ordinances "the building official shall issue a permit therefor as soon as practicable." LATE HANDOUTS AND PRESENTATIONS BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 Appellant 2n6 BOA Carlson Powerpoint Wienc�exhjbit �921016 Appellant amend 1 (a) 9.21.2016 Appellant amend 5 (a) 9.21.2016 Dulek correction sanitary sewer notes Boothroy Letter 9.21.2016 Boothroy memo 9,21,2016 ADDeiiants' Exhibit Frank Weirich Report Comments on the 101 Lusk Ave. Issue Executive Summary After a review of the site conditions and materials which have been made publically available I conclude that: 1) the city erred in not requiring that specific slope and woodland/grove requirements specifically included in the Sensitive Lands and Features requirements of the Iowa City Zoning Code be either considered or addressed by the property owner prior to the approval of the building plans. 2) The property owner erred by not complying with the requirement to evaluate the same zoning codes prior to or as part of their application for a building permit. 3) Based on a review of the relevant slope and woodland/grove requirements a swath of land consisting of a minimum of a 50 ft buffer on the northerly side of the Carlsons' south property line shared with the Crandic Railroad right of way must be established and nothing should be built upon it. Background/Qualifications My name is Dr. Frank Weirich. J reside at 630 W. Park Rd. in the general Manville area. I am not a member of the homeowners group that has brought this action and am acting only as a concerned citizen and member of the community. I attended the first half of meeting last week and also reviewed the materials put online. Following the meeting last week, this past weekend, I visited the general site area specifically to look over the situation and visited the site again yesterday. While I am a resident of the area I am also a faculty member in the Dept. of Earth and Environmental Sciences, a research engineer in the Hydraulics Institute and hold a position in the Dept. of Civil and Environmental Engineering here at the University of Iowa. My specialties encompass hydrology and geomorphology and I do research, teach, and on occasion have advised cities and communities on issues such as drainage, storm water, slope stability, landslides, and related environmental issues. On occasion in the past, as a public service, I have also worked with the City of Iowa City to help address such issues. On that basis I come to you to provide some hopefully useful input on this matter. Attached are some specific materials which will be the basis of my comments as well as some additional background materials. These materials and my comments are specifically directed at drainage and environmental/slope issues. Me 14: Iowa city zoning cods 14-51 sensitive Lands and Features Artide I, Sensitive Lands and Features 3to _ The purpose for this Article is t D accomplish the following: A. Implement the environmental policies of the Comprehensive Plan, as amended. S. Permit and datine the reasonable use- of properties that contain environmentally sensitive features and natural resources while recognizing the Importance of environmental resources and protecting such resources from destruction. C. Provide for ecologically sound transitions between protected environmentally sensitive areas and urban development. D. Protect the public from Injury and property damage due to flooding, erosion, and other natural hazards, which can be exacerbated by development of environmentally sensitive land. E. • Foster urban design that preserves open space and minimizes disturbance of environmentally sensitive features and natural resources. F. Provresoarces by requiring and Implementing g mitigation plarbances of ns, as needed. features and natural C. Exemptions �sf a The following uses, activities, and sbvcbjres are exempt from the requirements of this 3 H Artide. However, an applicant must first apply for and obtain an exemption, prior to any woodland clearing, grading or development activity on a property. I. gnrergency/Public Safety Grading, clearing, removal or other activities required for emergency situations involving immediate danger o life, gth��al firre, or which create an hazards are exempt from thhe threat to person or property requirements of this Article. I f4ainterranm/Expansion of Single Family or Two Family Residential Uses Normal maintenance, expansion, exterior remodeling, reconstruction or replacement of Single -Family or Two Family Uses in existence as of December 13,1995 are exempt from the requirements of this Artide, provided the new construction or related activity will not increase the.footpdnt of the structure and/or paving lying within the sensitive area by more than a cumulative total of 1,000 square feet, and also provided there is no encroachment by said activities,, including grading, into a jurisdictional wetiandr a designated sensitive areas conservation tract or protected sensitive area. — wuaa............. —..N— . _..--• -- - -_ Grading, clearing or development activities on airact of land for the purpose -of construction, landscaping or associated improvements for one Single Family Use or one Two Family Use are exempt from the requirements of this Article, provided the development activities do not exceed a maximum total of 20,000 square feet in area _ and provided there Is no encroachment by said activities into a jurisdictional wetland, a designated sensitive areas conservation tract or protected sensitive area. IWO 14: Iowa CRY Zoning CA* 14-51 SaaaAm Lands and Featares 2. Stream Corridors a. Roadways designated ion either the current federal emergency management agency flood boundary and floodwey maps for Iowa City and Johnson County or the Iowa City (1 Inch =100 That scale) flood boundary and floodway maps. b. A river, stream or drainagaway shown in blue (the blue line) on the most current U.S. Geological Survey Quadrangle Maps. In cases where no floodway is delineated, the blue One will serve as the center line within a 30-1oot wide 3. Regulated Slopes Slopes of eighteen percent (18%) or greater. 4. Wooded Areas a. Woodlands, 2 acres in size or greater. 5. Fully Hydric Sons Fully hydric sobs as designated in the USDA Soil Conservation Service Soil Survey of Johnson County, Iowa, as amended. 6. Proms Remnants prairie remnants as shown on the Iowa City Sensitive Areas Inventory Map - Phase I, as amended. 7. Ambasologkal Sites Archaeological sites as determined by the State Historic Preservation officer or the State Archeologist. C. Exemptions The following uses, activities, and structures are exempt from the requirements of this Article. However, an applicant must first apply for and obtain an exemptlon, prior to any woodland clearing, grading or development activity on a property. 1. Emargency/Public Safety Grading, clearing, removal or other activities required for emergency situations involving Immediate danger to Ofe, health and safety, or which create an immediate threat to person or property or aeate substantial fire hazards are exempt from the requirements of this Article. 2. maintenance/Expansion of Single Family or Two Family Residential Uses Normal maintenance, expansion, exterior remodeling, reconstruction or replacement of Single -Family or Two Family Uses Inos' existence as of December 33,1995 are exempt from the requirements of this Articlprovided the new construction or related activity wUl not increase the.footprint of the structure and/or paving lying within the sensitive arm by more then a cumulative total of 1,000 square and also provided there is no encroachment by said activities, Including grading, into a jurisdictional wetiand, a designated sensitive areas conservation tract or protected sensitive area. 3. Construction of Single Family or Two Family Residential Uses Grading, clearing or development activities on a'tract of land for the purpose -of construction, landscaping or associated improvements for one Single Family Use or one Two Family use are exempt from the requirements of this Article, provided the 311 MUMS zrlre 14: lawn City ZOMVCO& 14-51 Sensitive Lands ma! Features A. PurpOING The purpose of regulating development on and -near steep slopes is to% 1. Promote safety in the design and construction of developments; 2. Minimize flooding, landslides and mudslides; 3. Minimize soil instability, erosion and downstream siltation; -and 4. preserve the scenic character of hillside areas, particularly wooded hillsides. B. Regulated Slopes Defined L Percent of Slope The slope of. a designated area determined by dividing the horizontal run of the slope into tha vertical rise of the same slope and converting the resulting figure Into a percentage value. 2. Steep Slopes -- i A slope of 25 percent, but less than 40 percent. 4. Protected Slopes Anv slope of 40'percent of steeper. • .7. #WwlO rived... �_r_ Any slope of 40 percent or steeper created by human activity such as cutting .or filling, which activity occurred prior to December 13,1995, and which slope is not otherwise approved by the City. c. Environmental Review Required A Sensitive Areas Development_ Plan for property containing regulated slopes must include evidence demonstrating that all regulations of this Section will be men. Such plan must Include the following Information: 1. Delineation of all steep, critical, and protected slopes and any required buffer area; 2. Submission of a grading plan that is in conformance with iltie 17, Chapter 8, Grading ordinance; 3. Delineation of construction area limits and specification of associated restrictions thereof; D. Buffer RequirOM611112i 1. A buffer will be required around all protected slopes. Two (21 feet of DURN-musc-151 provided for each foot of vertical rise of the protected slope, up to a maximum buffer of 50 feet. The buffer area Is to be measured from the top, toe and sides of the protected slope. No development activity, Including removal of trees and other vegetation, will be allowed within the buffer. e FIMMFO—nde—rcanain clicum noes. If a buffer reduction Is requested, a Level Ii Sensitive Areas Review is required. A reduction of a protected slope buffer may only be approved If a geologist or professional engineer 32 12i28105 CITY GIS OF SUBJECT PROPERTY AND FE4 enq *� w a., r k �•9?1� J 2 � � i b � 1 _ -� Ti+^+ ix -i tni"•'�'' j� _..'.;. .. Me U.Iowa City Zoning Cade 14-5I-9 Wooded Areas 14-sr Sens►tive Laeds andFeatVW A. Purpose The purpose of regulating development in and around wooded areas is to: B. 1. Reduce damage to wooded areas, particularly wetlands, steep slopes and stream corridors; 2. Reduce erosion and siltation; 3. Minimize destruction of wildlife habitat; and 4. Encourage subdWon and site plan design which incorporate groves and woodlands as amenities within a development. 1. A Sensitive Areas Development Plan for property containing regulated wooded areas must include evidence demonstrating that all regulations of this Section will be met Such plan must include the following information: a. A4 groves of trees and all woodlands, as these terms are defined in this Article, must be delineated on the plan. b. The plan must also delineate all woodlands that are to be protected according to the Woodland Retention and Replacement Requirements In subsection q below and all groves that are to be protected. The delineated woodlands must Include the required buffer area. construction area limits Illustrated on the plan must coincide with these tested areas. monamoommoo c. Woodlan p on methods for proposed development activity shall be shown on any plan or plat required to be submitted prior to commencement of development activity, Protection methods should comply with generally accepted tree protection guidelines and be approved by the City. d. The plan must Indicate the location of the planting area for any replacement trees required under this Section. c. Woodland Retention and Replacement Requirements Regulated woodlands must be retained according to the following provisions. The percentage of the regulated woodland that must be retained is specified in Table 5I-1, below according to the underlying base zone. i. The required woodland area to be retained must include a buffer area that extends so feet outward from the bunks of trees to be preserved. This buffer area Is Intended to protect the trees within the specified retention area. Since trees within this buffer Z3 12128/05 Title 14. Iowa City Zoning Code 14-9Z Sensitive Lmrds Dgfaidonr substantially higher flood elevation. Where floodway data has been provided In the Flood Insurance Study, such data shall be used to define the floodway limits. FULLY HYDRIC SOILS. Solis susceptible to water saturation, and designated as fully hydric soils by the USDA Sall Consevation Service, or It successor, as of December 1993, VE OF -TREES: 10 or more Individual trees having a diameter of at least 12 inches, and whose combined canopies cover at least So percent of the area encompassed by the trees. �O an 100 years o:a. MMeATiON. The process of avoiding, minimizing, rectifying, reducing, or compensating for losses or potential losses to an environmental or sensitive feature due to development activity. For example, a wetland mitigation plan Is used to illustrate the methods that will be employed to avoid, minimize, rectify, or reduce the Impacts of development activity on a protected wetland. When impacts on a protected wetland are unavoidable, a wetland mitigation plan will describe the methods of compensating for any losses. PRAIRIE REMNANT: Prairie areas that have remained relatively untouched on undeveloped, unfilled portions of properties and contain primarily a mixture of native warm season grasses Interspersed with native flowering plants. Known extant pralrle remnants are Identified on the Iowa City Sensitive Areas Inventory Map - Phase I. PREHISTORY: Relating to or existing in times antsdating written history (prior to approximately 1700 AD) in Iowa City. SENSITIVE AREAS cONSAVATION TRACT: A separate tract which protects sensitive areas and associated buffers within planned developments, subdivisions and building site plans; held separately from buildable lots by an incorporated homeowners' association or a nonprofit conservation organization, or dedicated to the City. SENSITIVE AREAS DEVELOPMENT PLAN: A plan required to be submitted and approved in conjunction with a sensitive areas overlay rezoning that designates protected sensitive areas and associated buffer within a planned development. SENSITIVE AREAS INVENTORY MAP - PHASE I: The Map of the Iowa City service area with designations'of potential environmentally sensitive areas, such as woodlands, wetlands, flood plains, steep slopes, hydric soils, prairie remnants and geological, historical and archaeological features. of a tract nd SENSITIVEthquires thepproAREAS l al of a sensitiY ZONE: A ve nned development areas development rezoning nn which designates protected sensitive areas and their•assoclated buffers an said tract. AS, SENSITIVE AREPROTECTED: Portions of a parcel of land containing environmentally sensitive features that are designated on an approved sensitive areas site plan or a sensitive areas development plan and where no development activity is allowed. 422 12/28ro5 Title 14: Iowa City Zoning Code 14-9E SensUbe Lmids Definitions SENSITIVE AREAS SITE PLAN: A site plan for development on a tract of land that does not require a sensitive areas overlay rezoning and is not otherwise exempt, but which contains sensitive areas that warrant protection under the provisions of Article 1+5I, Sensitive Lands and Features. SLOPE: An inclined ground surface, either naturally occurring or altered, with a vertical rise of at least 10 feet, and which is not otherwise approved by the City, such as City approval of a grading plan, prior to December 13,1995. SLOPE, ALTERED PROTECTED: Any slope of 40 percent or steeper created by human activity such as cutting or filling, which activity has occurred prior to December 13, 1995, and which slope Is not otherwise approved by the City. SLOPE, CRIIICAi-: A slope of 25 percent, but less -than 40 percent. SLOPE, PERCENT OF: The slope of a designated area determined by dividing the horizontal run of the slope into the vertical rise of the same slope and converting the resulting figure Into a percentage value. SLOPE, PROTECTED: Any slope of 40 percent or steeper. SLOPE, STEEP: A slope of 18 percent, but less than 25 percent. 'SLOPES, REGULATED: Slopes defined herein as steel) (18-24 percent), critical (25-39 percent), and protected (40+ percent). STREAM CORRIDOR: A river, stream or drainageway shown in blue (the blue One) on the most current U.S. Geological Survey Quadrangle Maps, and the area of Its delineated floodway. In rases where no floodway is delineated, the blue line will serve as the center line within a 30 That wide stream corridor. TREE; FOREST: Any tree 2 Inches in diameter or greater, and included on the list of forest trees approved by the City. WETLAND SPECIALM: An individual certified as a wetland specialist by the Society of Wedand Scientists, or its successor, or a person who can demonstrate tD the City that they have expertise In wetland areas which may Include delineation, mitigation and evaluation. WETLAND/WETLAND AREAS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under . normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. For the purposes of this Section, "Wetland" shall mean a jurisdictional wetland that is regulated by the U.S. Army Corps of Engineers, or its successor. Determination of jurisdictional wetlands shall be made either by the Corps or its successor or by a wetland specialist and accepted by the Corps or its successor. WOODED AREAS: Includes woodlands or "groves of trees," as defined in this Article. WOODLAND CLEARING: The destruction or removal of trees within regulated woodlands by physical, mechanical, chemical or other means, such that the clearing results in a total opening In the woodland canopy of 20. square feet or more. less then 2 acres and containing not less than 200 forest trees per acre. 423 12/28105 Title 14: Iowa City Zoning Cade 14-51 Seasltive Lands andFeatwes area may be prone to damage during construction, they may not be Included when calculating the required retention area. 2. If the City determines that the required woodland area cannot be retained due to site consbaints or infrastructure requirements, replacement trees must be planted. One tree must be planted for every 200 square feet of woodland removed from the otherwise required retention area. 3. Where it Is not feasible to replace trees on -site, replacement trees may be planted to supplement reforestation of an oft -site woodland approved by the City. Any designated off -site woodland must be either publicly owned property or property subject to a conservation easement. 4. Replacement trees must be approved by the City, and to the extent possible, should be of the same or equivalent species as the trees being removed. S. Replacement trees must meet the specifications set forth in General Tree Planting Requirements, contained in Article 14-5E, Landscaping and Tree Standards, and must be secured by a performance guarantee for a period of 12 months. D. Design Standards for Wooded Areas 1. Measures must be taken to proter.t and retain graves of trees to the extent When•o�envUr—enregulated sensitive teaaues are present m comwnauon with a regulated woodland, the regulations related to all the sensitive areas contained an -the property will be considered, with the most stringent regulations applying. 3. To the extent possible, woodlandslocam 011 SEMp La Tnacarziup= or wrmm zuu- year flood plains must be given the highest retention priority when meeting the Woodland Retention and Replacement Requirements. 4. Street right of way, public utility corridors and building sites should be located so as to minimize their impact on woodlands and groves. 5. Where possible, woodlands and groves to be protected should be located wlthln designated public or private open space, either through dedication, a conservation easement, or control by a homeowners' association. 14-51-10 Fully Hydric Soil _ A. Purpose Fully hydric soils may Indicate the potential existence of jurisdictional wetlands and the probable existence of a high water table. The purpose of regulating lands that contain fully hydric soils is to recognize the constraints Imposed on urban development projects by potential wetlands or high water tables. That Is: 1. Wetlands are protected under State and Federal law, and as such, are considered no - build areas unless appropriate and approved mitigation measures are undertaken. 2. High water tables on a property require special construction practices both for Infrastructure such as streets, and for structural development such as residences. 324 12/28/05 j •; Appendix 1 Z. o$ QQ � ggAll Tt1le 14: Iowa City Zoning Code 14-51 Sensltdve Lands and Feaft"s Article I. Sensitive Lands and Features 8 The purpose for this Article is to accomplish the following: A. Implement the environmental policies of the Comprehensive Plan, as amended. B. Permit and define the reasonable use of propertes that contain environmentally sensitive features and natural resources while recognizing the Importance of environmental resources and protecting Such resources from destruction. C. Provide for ecologically sound transitions between protected environmentally sensitive areas and urban development. D. Protect the public from Injury and property damage due to flooding, erosion, and other natural hazards, which can be exacerbated by development of environmentally sensitive land. E. ' Foster urban design that preserves open space and minimizes disturbance of environmentally sensitive features and natural resources. F. Provide for the mitigation of disturbances of environmentally sensitive features and natural resources by requiring and implementing mitigation plans, as needed. 114-SI-2 Applicability _ A. Unless specff Bally exempted as specified below, an application for Sensitise Areas Review must be submitted to and approved by the City prior to woodland clearing, grading or any development activity on tracts of land or portions of tracts of land where any regulated sensitive features specified In subsection 8, below, exist. This application process may occur as part of Site Plan Review, a Planned Development Overlay Rezoning and/or Regulated Sensitive Features Properties containing any of the following environmentally sensitive features are subject to the regulations of this Article. References to "regulated" sensitive features, such as "regulated wetlands," "regulated slopes," etc. within the text of this Article are references to the regulated features as listed below. The Sensitive Areas Inventory Map - Phase I may be used as a tool to determine the locations of potential environmentally sensitive areas. However, it Is the applicant's responsibility to Investigate and fully delineate such potential sensitive areas in order to determine whether the sensitive area or feature is subject to the regulations of this Article. Jurisdictional wetlands as regulated by the U.S. Army Corps of Engineers, or its successor. Conclusions/Summary Comments 1. Based on a review of the HDK report I find myself in agreement with the findings of that report with respect to increased drainage and flow path problems/concerns. I am troubled by the fact that there is no clear plan to deal with the increased drainage that will be directed on to critical/protected slopes and no clear plan to mitigate the impact of that increased flow on both neighboring properties and the slopes. Conventionally I would expect that such issues would be addressed as part of the planning process not after the fact. 2. In reviewing the HDK report I noted that they indicated there were no sensitive land issues on the property. In reviewing the other materials and the comments by the city and city staff both in the presentation and in response to letters and enquiries, while that may in general be correct with respect to the parcel itself, it does not mean, in my view there are not several very significant sensitive land and features issues which have not been addressed. Moreover, in my view, these are issues which are specifically required to be addressed as part of the zoning code and as such would seem to fall within the purview of this board. 3. Specifically with respect with sensitive slopes, the parcel is directly adjacent and even part of a critical slope/protected slope area. But the required buffer requirements, and associated sensitivity analysis requirements have apparently not be either addressed or even considered by the city or the property owner. 4. Specifically with respect to grove and woodland requirements. In a similar manner, the specific requirements in the zoning code related to protecting groves and woodland areas, groves and woodland areas that directly adjacent to and even encroach unto the property have not been either considered or addressed. In particular the requirement that a 50 ft. buffer is required seems have been completely ignored. 5. These failures to consider and incorporate these requirements in both the approval process and the actual building plan approved by the city seem to constitute errors by the city in the review and approval process and perhaps ultimately the failure of the property owner to consider, address and incorporate these requirements in their proposed plans for the property as required in the zoning code. 6. Based on the language in the zoning code, it would appear that the ultimate responsibility to evaluate and comply with the zoning code with respect to sensitive and features rests with the property owner. They do not appear to have met those zoning code requirements. Frank Weirich, Ph.D. LATE HANDOUTS AND PRESENTATIONS BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 Appellant 2".1 BOA Carlson Powerpoint Wierich exhibit 48 9.21.2016 Appellant amend 1 (a) 9.21.2016 Appellant amend 5 (a) 9.21.2016 Dulek correction sanitary sewer notes Boothroy Letter 9.21.2016 Boothroy memo 9.21.2016 AuDellants' Exhibit la Amendment to HBK Site Investigation Report FIRE ACCESS IMPROVEMENTS - OPTION 3 I Z ° 702 �Zlz BAYARD 204 612 Z W ILEXINGTON BAYARD Of LU — J 13 L— y BAYARD STREET EX SANITARY w MANHOLE EX WATERMAIN (6" CI) ROB PV Afo COURT EXISTING HYDRANT PRIVATE SEWER I 1 (LOCATION MARKED IN FIELD) f PROPERTY LINE FROM GIS I 117 I I = I LUSK O j 631 I BAYARD � I I � j - I 1 I � a 155,_5„ 3 110 0 ill LUSK 701 I Iw p LUSK BAYARD j j I �j6, y EXISTING HYDRANT r (TO BE RELOCATED) PROPOSED PAVEMENT EDGE PROPERTY PROPOSED LINE ( EASEMENT (4,076 SF) RELOCATED PROPOS �I� FIRE HYDRANT BUILDIN 096' fo1 LUSK ))) L LEGEND N - W- W- EXISTING WATER MAIN (LOCATION FROM MAPPING) 0 40 80 • • • • • • - PROPOSED WATER STAIN FEET PROPOSED EDGE OF PAVEMENT PROPOSED EASEMENT FIRE ACCESS IMPROVEMENTS - OPTION 4 oW 702 Z I Z I 204 612 BAYARD W LEXINGTON BAYARD � Q Q L J 13 BAYARD STREET 3x EX SANITARY EX WATERMAIN (8° CI) MANHOLE W—•—Wr_rW—W�w—W .--T-\ Row, -COURT EXISTING HYDRANT _ PRIVATE SEWER I I (LOCATION MARKED IN FIELD) PROPERTYLFROM GIS 117 I I U LUSK I � 631 I k z Z BAYARD � � r � j i w Q o 110 701 I u p LUSK ( LUSK BAYARD : j g ! ; 126' I , % EXISTING HYDRANT o_ (TO BE RELOCATED) PROPOSED '¢ PAVEMENT EDGE k 1 PROPERTY I LINE PROPOSED f EASEMENT 2 (1,808 SF) RELOCATED PROPOSED FIRE HYDRANT I BUILDING 101 70' LUSK L_ R28' i CA'ANO/C RAILROAD ` _ LEGEND N - W - W - EXISTING WATER MAIN (LOCATION FROM MAPPING) 0 40 80 • • • • • • - PROPOSED WATER MAIN FEET PROPOSED EDGE OF PAVEMENT PROPOSED EASEMENT 2015International Fire Code APPENDIX D FIRE APPARATUS. ACCESS ROADS The provisions contained In this appendix are not mar;datory unlsss speotfically referenced In the adopifng ordinance. SECTION D101 GENERAL D101.1 Scope. Fire apparatus access roads shall be in accordance with rich appendix and all other applicable requirements of the International Fire Code. SECTION D102 REQUIRED ACCESS D1D2.1 Access and ioadir3g, Facli ties. builengs cr pcnicns cf bulddings iwssa er constrac:ed shall bs accessible to fire dspa t re t apparatus by ,eu o, an acprovsl fare apparatus access road r1th an s3p0,alt. concrete Dr Cher aperovsd drlrtng svilface capable of supporting teas Imposed Load zf fire apparatus we¢iching at least 75,000 peuntls (34 O50 kg;. SECTION DI03 MINIMUM SPECIFICATIONS D103.1 Access road width with a Hydrant. 'vVhere a the hydrant Is iocatsd on a fire apparatus access road •;e ifl;rLirn L rIl roam %Nth shall be 26 'set l7925 r1m), exclusive of shoulders {ass Figure D103'1). S ?G'R 2C 28' R TYP.' 254 1—"P, _w 20'S I N !)WdEiEi 56 00rY OM M I FARMCE CUL--Off-W. AROtAQOFFFE HYORMI� w 28'R rP 20r� 70' 2Y—T TYR' 7-1-1: FIRE CODE ADOPTED: it M A certain document, one copy of which is on file in the office of the city clerk of the city of Iowa City, being marked and designated as the international fire code, 2015 edition, including errata and appendix chapters B, C, D, E, F, G, H, I, J, and K as published by the International Code Council, be and is hereby adopted as the fire code of the city of Iowa City, in the state of Iowa, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided, providing for the issuance of permits and each, and all of the regulations, provisions, penalties, conditions and terms of said fire code on file in the office of the city clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, prescribed in the following sections of this chapter. (Ord. 15-4632, 7-15- 2015) LATE HANDOUTS AND PRESENTATIONS BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 Appellant 2°1 BOA Carlson Powerpoint Wierich exhibit 48 9.21.2016 Appellant amend 1 (a) 9.21.2016 Appellant amend 5 (a) 9.212016 Dulek correction sanitary sewer notes Boothroy Letter 9.27 2016 Boothroy memo 9,21,2016 ADDellants' Exhibit 5(a) Amendment to Affidavit of Dennis Befeler +r � v a Q) m �vN vl i N -0 vio UQ1�+'—•—>�3 4 Q) m NN CU ' N C Q x to a1 O7OOvto}� }° � IN to — of 4• a) ® a) 0 O > >>, � L +� C ° +� >;Mu•Nate-+ cu 4�v4�ia''OOaJ E m 0 U QNs.S� OU Q m LOOOO-Oa) 0 'a 00a4- CL 0 " N N CD U U CD"o �>, O� y�j SOD L U 0aj ��OO:3ua1ON C=>. 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A plat of survey, creating a new Auditor's Plat, will have to be signed by a PE or licensed surveyor, and submitted to the Director of Neighborhood and Development Services for approval. 2. Zoning (RS5) requires 45 feet of street frontage Lusk Avenue should be extended to provide vehicular access for a minimum of 45 feet along the east lot line of the new lot. Anything less than that would require a variance request. 3. Driveway spacing standards require three feet (3') between the lot line extended and the curb cut on Lusk. 4. Turn -around at the end of Lusk Avenue sufficient for fire department? Sanitary 1. Is there an existing easement around the sanitary sewer where it crosses private property? 2. The City's preference would be to provide a sanitary sewer within the Lusk Avenue ROW and tie the services into the new line (see attached drawing as possible option). puee0ltol sfs do not have separate and rndependenr building sanitary sewer services d In ]6 3D•6D. It appears Ihir the santtauY,rwer that is S11PWn extending UOn4 a trsaniHrla at:ILE 'tlon of Bayard Si aald Lexington Ave down w underneath the norIhpfn propoRd house ix a Wevjce lisle dl ks indicated that way in the legend on the drawtng and our maps and plats do IlaI t In dhss In cation ] 17 Lusk Ave, 111 iu5k Avt=, and both of the proposed homes will use t within the ROW anti may he hand w y to the north. �ira[e prise pars a 4. If this ROW is vacated then the property across Itie stfeel wilt not be thing (if Ihis rnaLte"J. The Irem Irtdicated 10 4e saved" cannot all pe saved with the neces iut:k LATE HANDOUTS AND PRESENTATIONS BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 Appellant 2nd BOA Carlson Powerpoint Wierieh exhibit 48 9.21.2016 Appellant amend 1 (a) 9.21.2016 Appellant amend 5 (a) 9.21.2016 Dulek correction sanitary sewer notes (:---r�oothroy Letter 9.21.2016 Boothroy memo 9.21.2016 September 21, 2016 To: Members, Board of Adjustment Throughout this hearing you have heard Mr. Larew and others assert that they, and by inference, the citizens of Iowa City, deserve "better' than the staff who have been involved in this matter. They have questioned the motives of staff in an attempt to insinuate an "error" by innuendo. I feel compelled to address this issue. I am the Building Official charged with making determinations about building permits. In this capacity, I often consult with members of the Neighborhood and Development Services (NDS) Department, as well as staff in other departments. Each of them has expertise, experience and technical knowledge that I rely on to inform my decisions. Because each person brings a different perspective based on his/her area of expertise (i.e. a different piece of the puzzle), it is imperative that we collaborate in order to consider issues as a whole (i.e. the big picture). Staff who serve in the following roles were involved in collaborating on the issue before us. Department of Neighborhood and Development Services (NDS Director of Neighborhood and Development Services/Building Official Development Services Coordinator Senior Building Inspector Office of the City Attorney City Attorney First Assistant City Attorney Fire Department Deputy Fire Chief Fire Marshall Public Works Department City Engineer When Mr. Larew and others question the competence, professionalism, ethics and trustworthiness of "City staff," they are putting all of the individuals listed here in the same bucket, painting everyone with the same negative brush. The implication is that every staff member who has had anything to do with this matter is sub -par. Does that argument hold water? No. These are competent individuals with years of experience, expertise, and honesty. They are respected in their fields throughout the state, and the citizens of Iowa City are fortunate to have them in public service. I'm proud to call them my colleagues. It is easy to cast aspersions targeting an entire group; we see that every day in the political arena and online. It's unnecessary to abandon civility and embrace the politics of vilification to win a point. If Mr. Larew and the neighborhood feel compelled to diminish the professionalism and competence, of anyone, that criticism should be directed toward me. As NDS Director I am accountable for the performance of the department and individuals in it. I am also responsible for the collaborative efforts of the departments involved, and, ultimately as Building Official, I am responsible for the decision under consideration. The process of "getting it right" requires objective consideration of the facts, as well as respectful deliberation of disparate viewpoints. This can and should be done without sacrificing civility and fracturing our community. I am proud of the professionalism of City staff in addressing this issue, and I thank the Board for your thorough examination of the issues and your thoughtful consideration of this matter. I _ Respectfull Doug Bootl Director of LATE HANDOUTS AND PRESENTATIONS BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 Appellant 2" d BOA Carlson Powerpoint Wierich exhibit 48 9.21.2016 Appellant amend 1 (a) 9.21.2016 Appellant amend 5 (a) 9.21.2016 Dulek correction sanitary sewer notes Boothroy Letter 9.21,2016 C B y memo 9.21.2016 CITY OF IOWA CITY MEMORANDUM Date: September 20, 2016 To: Board of Adjustmen From: Doug Boothroy, Director, De Re: Rebuttal and additional info 00001;101 Lusk Avenue Subdivisions vs. Building Permits y Development Services in response tp Appellants presentation; Appeal 16- Many if not most of the emails referred to during the September 14, 2016 Board of Adjustment public hearing were related to staff discussions with the then -owner of 101 Lusk Avenue, Mike Oliveira, who was pursuing a subdivision of the property. Under Title 15: Land Subdivisions, the City has the authority and obligation to require public improvements; the City does not have the same authority to require said public improvements for a building permit on an existing lot of record. A copy of Title 15: Land Subdivisions is attached. Some pertinent Code sections include: Any plat or replat of a subdivision of land located within the city under the code of Iowa, as amended, shall be certified as approved by the mayor and city clerk and the certification affixed to the plat or replat only after approval by a resolution of the city council as set forth in this title. (Section 15-1-4 Establishment of Control) Comment: Mr. Oliveira was proposing to replat the lot into two lots — a replat is a subdivision, and therefore the Subdivision Regulations apply. Subdivision regulations do not apply to a building permit on an existing lot of record. "Public improvements," as defined in this title, shall be constructed and installed according to the standards established by the city. (Section 15-3-1C General Requirements) Comment: "Public Improvements" are defined as including sanitary sewer, storm sewer, bridges and culverts, streets, trails and sidewalks, water mains, stormwater management facilities and public open space improvements (Section 15-1-3 Definitions). This Code section does not apply to properties not seeking a subdivision, and does not apply to building permits for an existing lot of record. Dead end streets and alleys are not permitted except at subdivision boundaries abutting undeveloped areas. In such cases a temporary fire apparatus accommodating turnaround may be required and, if required, must be constructed to city specifications (Section 15-3-2F(5)) September 21, 2016 Page 2 Comment: This section is in Title 15. Land Subdivisions, and does not apply to a building permit on an existing lot of record. It also states that a turnaround may be required, giving discretion to the City. As noted by Deputy Fire Chief Jensen (see attached September 19 email from Roger Jensen), this code section has not been used for existing dead-end streets where infill development occurs. Main Level Bathrooms The Board asked for a summary of the differences between the bathroom design of the initial building plans submitted to Iowa City vs. the approved plans. Images of the initial main level plan for the dwelling and the revised bathroom plans are attached. Original Entry Bathrooms Plans Final Approved Bathroom Plans 215 square feet 3 toilets 2 urinals 4 lavatories 188 square feet 2 toilets 1 urinal 2 lavatories Summary: The approved entry bathrooms are 27 square feet less in area which is approximately 15% smaller. The number of toilets was reduced by 1/3, from 3 to 2; the number of urinals was reduced by''/: from 2 to 1; and the number of lavatories was reduced by''/z from 4 to 2. The overall number of plumbing fixtures was reduced from 9 to 5. As a result of reducing the bathroom size, the 'Main Level Playroom' was correspondingly increased in size from 132 square feet to 159 square feet (27 square feet). Required Number and Spacing of Fire Hydrants The August 30, 2016 HBK Report states "There is inadequate fire flow available for the proposed building" (Page 2, August 30, 2016 Site Investigation Report for 101 Lusk Avenue). As noted by Deputy Fire Chief Jensen (see attached September 19 email from Roger Jensen), the statement that fire flows are inadequate is false. The HBK Report erroneously gives the fire flows only for one hydrant, and states it is 1,584 gallons per minute (GPM). Fire Code Tables B105.1(2) and C102.1 (provided in the HBK Report) clearly show that the minimum number of hydrants needed for 2,250 GPM is two (2) hydrants. As presented during the September 14 Board of Adjustment meeting, the fire apparatus pump can only provide 1,500 GPM per pump — the hydrant closest to the 101 Lusk Ave. property exceeds the gallons per minute that can be pumped. There is another available fire hydrant near the intersection of Bayard St. and Lexington Ave., which the Fire Department will use if necessary to supplement the hydrant closest to the property. September 21, 2016 Page 3 SECTION B105 FIRE -FLOW REQUIREMEMS FOR BUILDINGS TABLE 6105.1(2) REFERENCE TABLE FOR TABLES 9105.1(1) AND B105.2 FRE-FLOW CALCULATION AREA are feet) FIRE -FLOW a per adlwte)II Ow Dm noti (hours) T [Aand i0" T ILA and 10A' rdand Y-A' T RB and lU T e lfAr U-22.T00 D-12,7U0 49,200 ii:K 0-3.600 1,509 22,701-30,200 12,701-17,WD $201-10.90U 5,901-7,900 3,601-4.&W 1.750 1 38,201-35,700 11.— 21,BOQ 1Q9D1-12,900 7,901-9,6DO I. 4,6D1-5,200 I2,000 i 38.70148,300 f 21,6D1-2.4.2DO . 12.901-17.400 9,801-12.600 1 6.XI-7.7M 2,2M 2 4$38I-59,00D 24,201-33,2DO 17,409 21.3 00 12,601-15,400 7,7014,400 2,500 59.001-70,900 I 33,2D1-39,700 21,301-25,5130 15,401-16,400 I 9,401-113n0 2,750 70,901-83,700 1 39.70147.100 251501JQ100 16,401-21,600 11,3D7-13,400 3AOO 83,701-97,700 47,1Q1d4,900 30,101-35,200 21,60i-25,9Q0 13,401-15,600 3,250 97,701-112,70D 64.901-63,400 35,201-40,600 25,901-29,300 t5,601-18,000 3,5D0 3 112,701-126,7 63,401-72,400 40,601-46,400 29,301-33,5011 1 1a,U01-20,6w 3,750 " The table above (IFC Table B105.1(2)) from the 2016 International Fire Code, which the City has adopted as its Fire Code in Title 7, Chapter 1 of the City Code, indicates the fire flow required for buildings. The building size for the 101 Lusk Ave. property requires an available fire flow of 2,250 gallons per minute (GPM). The table below (IFC Table C102.1) indicates the minimum number of hydrants that must be available to meet the building size fire flow requirement. A minimum of two hydrants are required. As noted in the HBK report, there are two hydrants within 400 feet of the 101 Lusk Ave. property. With the two hydrants, the required fire flow is met. SECTION C102 NUMBER OF FIRE HYDRANTS C102.1 Mkdmurn amber of Ore hydrants for a building. The number of We hydrants available to a budding shall be not less than the minlmwn swifled In Table C102.1. TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS MENT M UNUM NUMBER OF HYDRANTS AVERAGE SPACING BETWEEN HYDRANTSi k%teFRONTAGE MAXIMUM DISTANCE FROM ANY POWF ON STREET OR ROAD) TOA NYDRANT�ro S00 250 JFUtE-FLOW 250 2 450 225 3 - 450 225 3 40D 225 000 4 350 210 000 5 300 189 5,5DO 6 300 ISO 6,Wo 6 250 150 6,500-7.W0 7 250 150 TSW wmore 8armmee 200 120 September 21, 2016 Page 4 Accessory Uses in Residential Zones Staff has noted that private recreational uses are expressly permitted as accessory to Household Livina Uses: Accessory Uses: Private recreational uses; storage buildings; parking for residents' vehicles. Home occupations, accessory dwelling units, childcare homes, and bed and breakfast facilities are accessory uses that are subject to additional regulations outlined in article C, "Accessory Uses And Buildings", of this chapter. (Section 14-4A-3A(3)). The first sentence of this code section states "Accessory Uses: Private recreational uses; storage buildings; parking for residents' vehicles." Private recreational uses are listed in the Zoning Code in Section 14-4A-3A in the Residential Use Category section and are permitted as accessory to Household Living Uses without qualifiers, additional criteria or regulations (see code language above). In contrast the second sentence of this code section, which states "Home occupations, accessory dwelling units ... are subject to additional regulations outlined in Article C ..." identifies accessory uses that are subject to additional regulation. Private recreational uses are identified as accessory uses, and are not subject to additional use regulation (e.g. size, frequency of use, criteria, etc.). Staff is applying the Zoning Code as written. ATTACHMENTS 1. September 19, 2016 email from Roger Jensen, Deputy Fire Chief 2. Initial 101 Lusk Avenue Building Plans, and approved bathroom plans 3. Chapters 1 and 3 of Title 15: Land Subdivisions John Yapp From: Roger Jensen Sent: Wednesday, September 21, 2016 3:09 PM To: Doug Boothroy Cc: John Yapp; Roger Jensen Subject: 101 Lusk Avenue hbk Engineering Summary of Findings — There is inadequate fire flow available for the proposed building Table C102.1 of the International Fire Code (supplied by hbk) states a minimum of 2 hydrants are required for the fire flow required for the proposed building. hbk also states, "There is a fire hydrant located in the Lusk Avenue right-of-way near the northeast corner of the subject property and another located at the intersection of Bayard Street and Lexington Avenue. Each of these hydrants is within 400 feet of the proposed building." The fire hydrant on Lusk is a very good hydrant, providing 1,564 gallons per minute. That amount actually exceeds the pumping capacity of our engines which is 1,500 gpm. The fire hydrant at Lusk along with the second hydrant and pumping engine at Bayard and Lexington will provide the additional 750 gpm necessary to comply with the required fire - flow. The statement that fire flows are inadequate is false. There is inadequate access for fire apparatus The adopted fire code requires "approved" turn around for access roads longer than 150 feet. The International Fire Code and Commentary clarifies the purpose of apparatus turnarounds by stating, "In consideration of the hazards inherent in attempting to back emergency vehicles, especially larger ones such as tower ladders, out of a long dead-end roadway, this section intends to create a safer situation by requiring that dead-end roads over 150-feet long be equipped with an approved turnaround designed for the largest anticipated emergency -response vehicles." The Iowa City Fire Department has not applied this code section to existing dead end streets where infill development occurs. Apparatus turnarounds are not germane to life safety concerns; Therefore, to require them on existing streets is believed to be impractical and excessive and has not been pursued. Roger W. Jensen I Deputy Fire Chief IOWA CITY FIRE DEPARTMENT 410 E. Washington Street Iowa City, IA 52240 Office: 319-356-5259 1 Cell: 319.330-6646 roger jensenaiowa-city.org naau yrraa wic MOKY New Home Forrs F1Y1 l!ppiiEE11 9 °Rd�1Nb 1 � Builde7F�=FSSFFi 4 q�F tJ R = ,,, (91s) a91.oe31 Reed and Sandy Carlson gg;gggg�I�i F 9 N Ip 7 0 Minn I ENTRY 4W' x 5'-0" MAIN LEVEL PLAY ROOM s�l . MLA. 48' Sink Bece BATHROOM FWG12080-4 SAAS 15-1-1 15-1-3 CHAPTER 1 GENERAL SUBDIVISION PROVISIONS SECTION: 15-1- 1: Short Title 15-1- 2: Purpose 15-1- 3: Definitions 15-1- 4: Establishment Of Control 15-1- 5: Issuance Of Building Permits Restricted 15-1- 6: Development Activity Restricted 15-.1- 7: City's Right To Install Improvements 15-1- 8: Exceptions 15-1- 8: Selling Before Approval; Penalties 15-1-10: Penalties Generally 15-1-1: SHORT TITLE: This title shall be known as and may be referred to and cited as the SUBDIVISION CODE. (Ord. 08-4313, 8-26-2008) 15-1-2: PURPOSE: This title is intended to encourage orderly community development and provide for the regulation and control of the extension of, public improvements, public services and utilities, the improvement of land and the design of subdivisions consistent with the approved comprehensive plan, as amended. (Ord. 08-4313, 8-26-2008) 15-1-3: DEFINITIONS: ALLEY: An open public way intended for use as a means of vehicular access to abutting property. BOUNDARY LINE The reconfiguration of the boundary line ADJUSTMENT: between abutting tracts, lots or parcels results in conveyance of less than one thousand (1,000) square feet of land. Iowa. City September 2008 15-1-3 15-1-3 shared use by the residents of the subdivision or by the public, e.g., public. or private open spaces and/or walkways. PARCEL: A part of a tract of land. PUBLIC The principal structures, works, component IMPROVEMENTS: parts and accessories of public infrastructure that become part of, are placed upon, or affixed to real estate,. including, but not limited to: A. Sanitary sewers; B. Storm sewers, tile lines or pipes and drainage swales; C. Bridges and culverts; D. Streets, trails, and sidewalks; E. Water mains; F. Stormwater management facilities; G. Public open space improvements. STREET: A public or private street as defined in this title. STREET, ARTERIAL: A street, the principal function of which is to provide for through traffic and which is designed to carry large . volumes of traffic. "Arterial streets", as referenced in this title, are those streets shown on the Johnson County council of governments (JC.COG) arterial street plan, as amended. STREET, COLLECTOR: A street,. the principal function of which, is carrying traffic from local streets to arterial streets. STREET, CUL-DE-SAC: A local street terminating in a turnaround. STREET, LOCAL: A street used primarily for access to abutting property and for moving local traffic. September 2008 Iowa City 15-1-4 15-1-6 those areas exempt from such review pursuant to. the Johnson County/Iowa City fringe area agreement. C. Any division of a tract, lot or parcel shall be administratively reviewed and approved by the city manager or designee for compliance with the zoning and subdivision codes. Prior to recording, a division shall be certified as approved by the city manager or designee. (Ord. 08-4313, 8-26.2008) 15-1-5: ISSUANCE OF BUILDING PERMITS RESTRICTED: A. Where a subdivision is required, the city shall not issue a building permit for construction on any lot, parcel or tract unless and until: 1. A final subdivision. plat has been approved and recorded; and 2. The city approves subdivision erosion control measures in accordance with this title; and 3. The city accepts the public improvements as specified herein, with the exception of sidewalks and stormwater management facilities, said exceptions being allowed after building construction has commenced as set forth herein. B. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the . city finance department an escrow equal to the cost of improvements plus ten percent (10%) thereof as specified in subsection 15-2-3C9 of this title. C. No building permit and no certificate of occupancy shall be issued for any division unless such division has been approved as set forth in this .title. (Ord. 08-4313, 8-26.2008) 15-1-6: DEVELOPMENT ACTIVITY RESTRICTED: A. No. person, owner or responsible party shall do any grading in any areas as described in title 17, chapter 8, "Grading Ordinance", of this code without first obtaining a grading permit from the building official. B.. No person, owner or responsible party shall do any grading in any areas as described in section 17-8-15, "Construction Site Erosion Iowa City September 2008 15-1-7 15-1-8 city engineer certifies that the following conditions and/or events have occurred: a. The facilities have been substantially completed; b. An escrow amount has been established with the city in an amount approved by the city engineer, to which the city's lien should attach immediately upon execution or recording of .the partial release. 2. The city agrees to issue a total release for the facilities upon certification by the city engineer, in writing, that all of the following events and/or conditions have been substantially completed: a. Permanent groundcover is established and mowable; b. Erosion and sedimentation are controlled in conformance with the approved plans and specifications; c. The facilities are complete; d. All land within the tributary area in the development, or a lesser amount of land as approved by the city engineer, has been developed. (Ord. 08-4313, 8-26-2008) 15-1-8: EXCEPTIONS: A. Modifications Of Requirements: 1. Upon recommendation of the planning and zoning commission or on its own motion, the city council may vary, modify or waive the requirements of chapter 3, "Design Standards And Required I.mprovements°, of this title, provided one of the following qualifying circumstances are met: a. If the subdivider can demonstrate that strict compliance. with the requirements of chapter 3 of this title would result in extraordinary hardship because of excessive costs due to nonseif- inflicted conditions; and if the subdivider can demonstrate that strict compliance with the requirements of chapter 3 of this title would conflict with the objectives of these subdivision regulations; or b. If a subdivider can demonstrate that strict compliance with the requirements of chapter 3 .of this title would result in subdivision September 2008 Iowa City 15-1-10 • 15-1-10. {~ Each day that a violation occurs and/or is permitted to exist constitutes a separate offense, and civil and/or criminal penalties shalt be computed accordingly. (Ord. 08-4313, 8-26-2008) Iowa City September 2008 15-3-1 15-3-1 CHAPTER 3 DESIGN STANDARDS AND REQUIRED IMPROVEMENTS SECTION: 15-3- 1: General Requirements 15-3- 2: Streets And Circulation 15-3- 3: Sidewalks, Trails, And Pedestrian Connections 15-3= 4: Layout Of Blocks And. Lots 15-3- 5: Neighborhood Open Space Requirements 15-3- 6: Energy And Communications Distribution Systems 15-3- 7: Sanitary Sewers 15-3- 8: Stormwater Management 15-3- 9: Water Systems 15-3-10: Clustered Mailboxes 15-3-11: Markers 15-3-12: Specifications 15-3-13: Inspections 15-3-14; Off Site Costs For Public Improvements 15-3-1: GENERAL REQUIREMENTS: A. 'Design of the subdivision shall comply with the standards of this bhapter, provide for the orderly growth and development of the city, demonstrate consistency with the Iowa: City comprehensive plan and any specific adopted district plans, and take into consideration the natural features of the site and patterns of adjacent development. B. The subdivider of property shall be responsible for constructing all public improvements associated with the proposed subdivision according to this code, unless exempted from such requirements according to the provisions herein. C. "Public improvements", as defined in this title, shall be constructed and installed according to the standards established by the city. Copies of said standards are on file in the office of the city engineer. (Ord. 08-4313, 8-26-2008) Iowa City September 2008 r,_ 15-3-2 15-3-2 prerequisite to additional lots or developable parcels being approved by the city. 1. Additional access may be required if a proposed development will resultin any portion of a street that provides a single means of access to an area being overburdened with traffic. "Overburdened" shall be defined as a projected volume which exceeds the midpoint design volume as follows: a. Local street: Five hundred (500) vehicles per day. b. Collector street: Two thousand five hundred (2,500) vehicles per day. 2. Projected traffic volumes shall be determinpd by using the most recent average daily traffic count when. available, and adding it to projected traffic generation as determined by the city. In the absence of a recent traffic count, projected traffic volumes shall be calculated by using projected traffic generation .for both existing and proposed development. 3. Additional means of access may also be required if any of the following conditions exist or will exist if additional lots or developable parcels are approved: a. There are physical features that may increase the probability of blockages along the single means of access to the development. These physical features include, but are not limited to: slopes eight percent (8%) or greater; floodplains as designated by the federal emergency management agency; a bridged or culverted roadway; trees adjacent to the roadway with trunk diameter greater than four inches (40); a grade separated highway; or a railroad. b. The existing access is Insufficient to provide efficient, safe, and/or cost. effective routes for the provision of public and emergency services for the proposed development. c. The street, which provides a single means of access to the area, is a local or collector street along which there are existing or proposed , facilities that may increase the probability of pedestrian -motor vehicle conflicts. These facilities include, but are not limited to, schools, daycare centers and parks. d. There are land uses located along the subject street that serve special populations, which may increase the volume of Iowa City September 2008 15-3-2 15-3-2 E. Measurements And Construction Standards: 1. All right of way improvements must be designed and constructed according to the design and construction standards established by the city. Said standards are on file in the office of the city engineer. 2. All street widths shall be measured back of curb to back of curb. 3. The minimum outside. radius of the pavement ofcul-de-sac bulbs and loop streets is thirty nine feet (39'). A center median is required at the center of the cul-de-sac bulb with a minimum radius of eleven feet (11'). For loop streets a median is also required with a minimum width of thirty feet (30'). In residential areas, center medians for cul-de-sacs and loop streets :are required to be landscaped .to at least the S1 standard as described in title 14, chapter.5; article F, "Screening And Buffering Standards", of this code. The subdivider's agreement shall designate and set forth procedures for property owners or a homeowners' association to maintain the landscaped area within the center median of loop streets and cul-de-sacs. Said instrument shall provide. that if said services are not provided as required therein, the city shall have the right to perform said services, and the cost thereof shall be a lien and charge against all of the subject lots. F. Street Intersections: 1. A maximum of four (4) legs are allowed at any one intersection. 2. The distance between street intersections must be at least one hundred twenty five feet (125') centerline to centerline. 3. Intersections of street centerlines shall be between eighty degrees (800) and one hundred degrees (1000). 4. Corner lots abutting on an arterial or collector street shall have a minimum radius of fifteen feet (15) at the intersection. 5. Dead end streets and alleys are not permitted except at subdivision boundaries abutting undeveloped areas. In such cases a temporary fire apparatus accommodating turnaround may be required and; if required, must be constructed to city specifications. September 2008 Iowa City 15-3-2 15-3-2 5. Similar names may not be used for streets that are in different locations within the city. For example, the name 'Rose Drive" may not be used in one neighborhood if there is already a "Rose Avenue" in a different neighborhood. Private Streets: 1. Private streets in single-family residential areas are not allowed. 2. Requests for private strests.'in Industrial areas will be considered, adjacent properties is . not needed maintenance, snow removal, garbage clearly established according to the this section. multi -family, commercial, and provided that connectivity to and the responsibilities for service, and street sweeping is Provisions of. subsection 13 of 3. If private streets are approved, the subdivider must submit a legally binding Instrument setting forth the.procedures to -be followed for -maintaining private streets and providing garbage service, snow removal, street sweeping, and for financing these services. Such costs shall be shared by all owners :of property, located within the subdivision, or designated portion thereof, through the use of an owners' association or other entity satisfactory to the city. Said instrument shall provide that if .said services are not provided as required therein, the city shall have the right to perform said services; and the cost thereof shall be a lien and charge against all of the owners of lots so designated. in the subdivision. J. Cost Sharing For Pavement Overwidth: In the event arterial or collector streets are required in a subdivision; the city shall pay for the excesspavement required over that required for a twenty eight foot (28') wide local street. The city engineer shall calculate the excess cost. Such cost sharing shall be according to the procedure set forth by the city manager. Any payment for pavement overwidth by the city shall be pursuant to state law, K. Cost Sharing For Street Upgrades: 1. At the discretion of the city, subdivisions may be approved that access existing public streets that do not meet city standards, provided the subdivider contributes toward the future reconstruction cost of bringing the segment of the subject street that abuts the subject property to city standards. When determining whether- such an approval will be granted, the city will evaluate the street based on factors such as roadway surface, sight distance, anticipated traffic Iowa City September 2008 15-3-2 15-3-3 land is subdivided/developed. Costs to reconstruct the street to city standards will be determined by the city engineer. (Ord. 08-4313, 8-26-2008) 15-3-3: SIDEWALKS, TRAILS, AND PEDESTRIAN CONNECTIONS: Public sidewalks, trails, ,and pedestrian connections shall be constructed in the public right of way according to the following standards: A. Sidewalks, trails, and pedestrian connections shall. be constructed according to city.standards. Said standards are on file in the office of the city engineer: B. Five foot (5') wide concrete sidewalks must be constructed along both sides of all local and collector streets, except for connections to existing sidewalks as provided in subsection D of this section. For low volume and loop streets, as described in table :15-1 of section 15-3-2 of this chapter, the required: sidewalk width may be reduced to four feet (4'). . C. Along arterial streets, .a five foot (5) sidewalk is required on one side of the street and an eight foot (8') sidewalk on the other side, except as allowed in subsection D of this section. The city will determine on which side of the street the eight foot (8') sidewalk will be placed. When an eight foot (8) sidewalk is required, the city, at its discretion, will either pay for the excess pavement required for the developer to install an eight foot. (8') sidewalk rather than a five foot (5') sidewalk, or collect the estimated cost of the five .foot (5') sidewalk from the developer and apply. said cost to construction of am eight foot (8') sidewalk .by the city. Any payment of excess pavement costs by the city shall be pursuant to state law. D. In cases where the proposed sidewalk provides a connection between existing sidewalks. that, are less than the required width, the proposed sidewalk may be constructed to match the width of the adjacent sidewalks. However, this modification is not allowed in cases where one end of the, proposed sidewalk will provide a connection.to future sidewalks for new development. in such a case, the sidewalk should be tapered to provide a transition between differing sidewalk widths. The city will determine where along the street the transition should occur. E. All sidewalks and trails must connect to other sidewalks and trails within the development and to the property line to provide for their extension to adjacent properties. September 2008 Iowa City 15-3-4 15-3-4 routes between residences and nonresidential destinations and Public gathering places. 2. To provide multiple travel routes within and between neighborhoods, block faces along local and collector streets should range between three hundred (300) and six hundred feet .(600') in length. and for residential subdivisions have a width sufficient to accommodate two (2) tiers of lots. Longer block. faces may be allowed in cases of large lot commercial, industrial, or rural residential development, or where topography, water features, or existing -development prevents- shorter block lengths, although midblockpedestrian connections may be required (see section 15-3-3 of this chapter). Block faces are measured from centerline to centerline. 3. Block faces along arterial streets should be at least six hundred feet (600) in length. Intersecting collector streets should be spaced In a manner that provides adequate connectivity between neighborhoods, but also maintains -the capacity of. the street for the safe and efficient movement of traffic. Longer block faces may be required ;along high capacity or higher speed arterial streets where the interests in moving traffic outweigh the connectivity between areas of development. The city may .approve shorter block faces in high density commercial areas or other areas with high pedestrian counts. 4. Cul-de-sacs may not exceed nine hundred feet (900') in length. The length of a cul-de-sac is measured from the centerline of the street from which it commences to the center of the bulb. B. Lots: 1. Lots must be platted in a manner that will allow development that meets all requirements of title 14, "Zoning Code", of this code. Lots must be of sufficient size to accommodate an adequate buildable area and area for required setbacks;. off street parking, and service facilities required by the type of use and development anticipated. 2. Lots with multiple frontages must be platted large enough to accommodate front setback requirements along street side lot lines. 3. If a property with frontage along an arterial street is proposed to be subdivided, developed or redeveloped for any multi -family, group living, commercial, institutional or industrial use, a cross access easement must be provided by the propertyowner to all adjoining Iowa City September 2008 15-3-4 15-3-5 designed so that the location and access to public open space is readily apparent to the public. Subdivision layouts.where public open space is surrounded by private lots that back up to the public open space are discouraged. Techniques, such as single loaded streets along park edges or along segments of park edges and well marked trail easements are to be utilized to satisfy this requirement. C. Provisions To Minimize The Effect Of Highway Noise: Subdivisions adjacent to or within three hundred feet (300') of the Interstate 80 and/or the Highway 218 rights of way shall comply with the following provisions, intended to reduce the effect of highway noise on residential areas: 1. Any portion of a residential lot that is within three hundred feet (300') of the Interstate 80 or Highway 218 right of way shall ,be identified as a noise buffer, and no residential structure will be permitted within this three hundred foot (300') buffer area. The buffer area shall be planted with a mixture of coniferous and deciduous vegetation approved by the city forester. The vegetation shall be required along with other public improvements for the property. Existing trees. and vegetation may be used to comply with this requirement as approved by the city forester. Accessory structures and yards see permitted within the three hundred foot (300') buffer area provided the required vegetative buffer is maintained. 2. The three hundred -foot (300) buffer for residential structures may be reduced with approval by the city if the subdivider constructs an earthen berm, decorative wall, or other similar structure and demonstrates that the highway noise just outside the proposed residential structures will be no more than sixty (60.) d6. 3. The three hundred foot (300') buffer for residential structures may also be reduced with approval by the city if the subdivider demonstrates that existing topography results. in highway noise being no more than sixty (60) d6 justoutside the proposed residential structures. (Ord. 08-4313, 8-26-2008) 15-3-5: NEIGHBORHOOD OPEN SPACE REQUIREMENTS: A. Intent And Purpose: The neighborhood open space requirements are intended to ensure provision of adequate usable neighborhood open space, parks and recreationfacilities in a manner that is consistent with the neighborhood open space plan, as amended, by using a fair and reasonably calculable method to equitably apportion the costs of September 2008 Iowa City 15-3-7 _ 15-3-9 defined drainage area shall extend to the subdivision boundaries and beyond, as necessary to provide for the. extension of the sanitary sewer to adjacent property, as determined by the city. B. Project specific tap -on fees may apply as set forth in title 16, chapter 3, article B, "Project Specific Tap -On Fees", of this code. C. If the city requires a sanitary sewer to be greater in size than that needed to service the subdivision itself, the city may share in the expense thereof on a pro rate basis. Such cost sharing shall be according to the procedure set forth by the city manager. Any pay- ment of excess costs by the city shall be pursuant to state law. (Ord. 08-4313, 8-26-2008): 15-3-8: STORMWATER MANAGEMENT: The developer shall pro- vide the subdivision with adequate drains, ditches, culverts, complete bridges, storm sewers, intakes and manholes to provide for the collection, management, and removal of all surface waters as set forth in title 16, chapter 3, article G, "Stormwater Collection, Discharge And Runoff', of this code. These improvements shall extend to the boundaries of the subdivision and beyond, as necessary. to provide for extension by adjoining properties, as determined by the city. (Ord. 08-4313, 8-26-2008) 15-3-9: WATER SYSTEMS: A. The developer shall provide the subdivision with a complete water main supply system as set forth in title 16, chapter 3, "City Utilities", of this code, including hydrants, valves and all other appurtenances; which shall be extended into and through the subdivision to the boundary lines and beyond as may be necessary to provide for extension by adjoining properties, as determined by the city. The system shall provide for a water connection for lots and shall be connected to the city water system. B. If city requires a water main to be greater in size than that needed to service the subdivision itself, the city may share in the expense thereof on a pro rate basis. Such cost sharing shall be according to the procedure set forth by the city manager. Any payment of excess costs by the city shall be pursuant to state law. (Ord. 08-4313, 8-26-2008) Iowa City March 2014 15-3-11 At block and lot 15-3-14 $ boundaries, corners and changes in direction of block and lot C. At the beginning and ending points of curves and at lot lines inter - setting the curves. (Ord. 08-4313, 8-26-2008) 15-3-12: SPECIFICATIONS: A. The type of construction, the materials, the methods Of subdivision improvements shall be 'according Said standards are on file in the office of the cityand standards 9 to city standards. B• Construction plans and specifics{ions, including engineer. erosion control measures, shall be submitted to thencit or subdivision approval prior to construction. Construction shall not co the city engineer a Y engineer for approves the plans and specifications, mmence until C• If the infrastructure and/or With city standards a new reel mg �?nnot be deal discretion of the city. Preliminary plat may geed to comply Y be required at the D. Record of construction drawings in digital form before g must be submitted in city. (Ord. 08-4313 8- Public improvements will be acce hard SPY and 26-2008) pted by the 15-3-13: INSPECTIONS: A. The city engineer or dnew esignee subdivsiio inspectthe installation of all Public improvements in the requirements. ns to ensure compliance with B. The subdivider shall bear the e the actual cost of the inspection cost st the city. of such ins by P coon, which shall be C. Grading shall be inspected and certified by the developer's engineer. (Ord. 08-4313 8-26-2008) 15-3-14: OFF SITE COSTS FOR PUBLIC A. From time to time off site �RO�MENTS: Publi enable the subdivision and c improvements development of necessary to a property. At such Iowa City March 2014