Loading...
HomeMy WebLinkAbout2017-10-03 OrdinancePrepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00010) ORDINANCE NO. 17-4726 AN ORDINANCE CONDITIONALLY REZONING 2.4 ACRES OF PROPERTY FROM MEDIUM DENSITY SINGLE-FAMILY (RS -8) ZONE TO PLANNED DEVELOPMENT OVERLAY- MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (OPD -8) ZONE LOCATED ON DODGE STREET COURT. (REZ17- 00010) WHEREAS, the applicant, Build to Suit, has requested a rezoning of property located north of Dodge Street Court, east of Conklin Lane and south of Dodge Street from Medium Density Single Family (RS -8) Zone to Planned Development Overlay - Medium Density Single Family Residential (OPD -8) Zone and submitted a preliminary plat and sensitive areas development plan contemporaneously therewith; and WHEREAS, the Comprehensive Plan - North District Plan indicates that residential uses are appropriate for the property; and, WHEREAS, the North District Plan indicates that the design of any development on this property should be compatible with the adjacent residential neighborhood; and, WHEREAS, there are sensitive environmental features on the property, namely wooded steep ravines, and the sensitive areas ordinance as applied through the planned development process allows flexibility in the housing types and clustering of development density to avoid disturbance of these sensitive features; WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for neighborhood compatibility with regard to building design, widening of the street right-of-way to improve conditions for pedestrian access and safety, careful site design to address stormwater drainage; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city; and WHEREAS, pursuant to Iowa City Code of Ordinances 14 -8D -6C, approval of this rezoning request shall constitute approval of the preliminary sensitive areas development plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of RS -8 to OPD -8: The East 238.86 feet of Lot 3 in Jacob Ricord's subdivision of the NE % SW '/, of Section 2, Twp, 79 N, Range 6 West of the 51" P.M., according to the plat thereof recorded in Book 15, page 146, Deed Records of Johnson County, Iowa. Survey recorded in Plat Book 4, page 119, Plat Records of Johnson County, Iowa. And also: That part of Lot 2 lying south of the current southeast right-of-way line of Iowa Highway #1, located in the Official Plat of Jacob Ricord's Subdivision of the NE Y44 SW '/4 of Section 2, Township 79 North, Range 6 West of the 5" P.M., now in the City of Iowa City, Johnson County, Iowa, Combined Parcels contain 2.40 acres, and are subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Ordinance No. 17-4726 Page 2 SECTION III. CONDITIONAL ZONING AGREEMENT The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and the associated planned development plan (labeled Preliminary Plat and Sensitive Areas Development Plan) and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owners expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd dayof October 2017. /1-7� MA)MOR ATTEST �- /I II N A CITY CLERK Approved by City Attorneys Office %/d �i Ordinance No. 17-4726 Page 3 It was moved by Mims and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 09/19/2017 Vote for passage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None, Second Consideration_ "- Vote for passage: that the Date published 10/12 / 17 Moved by Mims, seconded by'Taylor,that the rule requiring ordinances be considered and voted on for passage at two Council meetingsprior to the meeting at which it is to be fin'lly passed be suspended, the consideration and vote be waived and the ordinance be voted upon for final passage at this time. to second Prepared by: Karen Howard, Associate Planner,410 E Washington, Iowa City, IA 52240 (319) 356-5230 (REZ17-00010) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Focus Commercial (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 2.40 acres of property located north of Dodge Street Court, east of Conklin Lane and south of Dodge Street; and WHEREAS, Owner and Build to Suit have requested the rezoning of said property from Medium Density Single Family Residential (RS -8) to Planned Development Overlay — Medium Density Single Family Residential (OPD -8) and submitted a preliminary plat and sensitive areas development plan contemporaneously therewith; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for neighborhood compatibility with regard to building design, widening of the street right-of-way to improve conditions for pedestrian access and safety, and careful site design to address stormwater drainage; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the surrounding neighborhood, pedestrian safety and access, and to address stormwater drainage; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Focus Commercial is the legal title holder of the property legally described as: LEGAL DESCRIPTION The East 238.86 feet of Lot 3 in Jacob Ricord's Section 2, Twp. 79 N, Range 6 West of the 5t" recorded in Book 15, page 146, Deed Records recorded in Plat Book 4, page 119, Plat Records easements and restrictions of record. And also: subdivision of the NE '/, SW '/4 of P.M., according to the plat thereof of Johnson County, Iowa. Survey of Johnson County, Iowa. Subject to That part of Lot 2 lying south of the current southeast right-of-way line of Iowa Highway #1, located in the Official Plat of Jacob Ricord's Subdivision of the NE '% SW '/a of Section 2, Township 79 North, Range 6 West of the Stn P.M., now in the City of Iowa City, Johnson County, Iowa. Combined Parcels contain 2.40 acres, and are subject to easements and restrictions of record. 1 of 3 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the North District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Building designs shall be reviewed and approved by the City's Design Review Committee to ensure compliance with the planned development standards for townhouse -style buildings prior to issuance of a building permit; b. Owner shall dedicate sufficient land along the entire property frontage along Dodge Street Court to widen the Dodge Street Court right-of-way to 50 feet prior to issuance of a building permit. c. Development on the subject properties shall be designed to drain on-site storm water away from Dodge Street Court to the extent possible and shall be designed to prevent erosion in the steep ravines and on abutting properties. Prior to approval of the final sensitive areas development plan and issuance of a building permit, the City Engineer shall review and approve the drainage plan to ensure these conditions are addressed. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. 2 of 3 Dated this 3rd day of October , 2017. CITY OF IOWA CITY Ma or Attest: City Clerk paved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Foc mmercial By: This instrument was acknowledged before me on October 3rd 1 2017 by James Throgmorton and Kellie Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City. CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary d f� State of Iowa (Stamp or Seal) CHRIS7INEOLNZ mmur'7T': umber 806232 •lC=. i, y issio a mrw This instrument was acknowledged before me on 5 , 2017 by 4 as of Focus Commercial. �- �C_ Notary Public in an or said County a d State (Stamp or Seal) R T. Com-,. __'an Numbof 742531 Vy M3 OWE 3of3 BTS 4 UNIH To%VNkUSB BTS - 4 UNIT TowvtiousES BTS - 4 UNIT TowNhOUSLS BTS - 4 UNITTOW NhousEs I DI)l To: Planning and Zoning Commission Item: REZ17-00010 Dodge Street Court GENERAL INFORMATION: STAFF REPORT Prepared by: Karen Howard Date: August 17, 2017 Applicant: Build to Suit P.O. Box 5462 Coralville, IA 52241 319-512-2322 benl@buildtosuitinc.com Contact: Duane Musser 1917 S. Gilbert St. Iowa City, IA 52240 319-351-8282 d.musser@mmsconsultants.net Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: Good Neighbor Policy: Rezone two parcels from RS -8 to OPD -8 Cluster development in townhouse style units and preserve sensitive areas North of Dodge Street Court 2.396 acres Undeveloped; Medium Density Single Family Residential (RS -8) North: Medical Office and Single Family Residential (MU and RS -5) South: High Density Single Family Residential (RS -12) East: Single Family Residential (RS -8) West: Multi -Family Residential (RM -12) North District Plan C8 — Hickory Hill May 25, 2017 (incomplete application); revised and resubmitted on July 25, 2017 September 7, 2017 Good Neighbor meeting held on June 5, 2017. BACKGROUND INFORMATION The subject property is undeveloped. The northern two-thirds of the property contain woodlands and steep ravines making development infeasible. The southern portion of the property is relatively level with street frontage along Dodge Street Court. A portion of an existing driveway that provides access to the single family house on the abutting property to the east extends across the southeast corner of the property and will need to be addressed with this application. The applicant has requested a planned development overlay rezoning, including a sensitive areas development plan in order to cluster development away from the sensitive areas with seven townhouse -style dwelling units aligned along Dodge Street Court similar to units recently developed directly to the west. ANALYSIS: Compliance with Comprehensive Plan: The North District Plan calls for residential development along Dodge Street Court that is similar in character to existing residential uses in the area. Staff finds that the proposed low -scale townhouse -style units are consistent with and complementary to the existing residential development along Dodge Street Court. Current zoning: The property is currently zoned Medium Density Single Family Residential (RS - 8). This zone is intended primarily for detached single family dwelling units on small lots with duplexes allowed on corner properties. The standards in this zone are intended to create, maintain, and promote livable neighborhoods and allow for some flexibility of dwelling types to provide housing opportunities for a variety of household types with special attention to site design to ensure the development of quality neighborhoods. Proposed zoning: The Planned Development Overlay Zone (OPD) is intended to permit flexibility in the use and design of structures and land in situations where conventional development may be inappropriate and where modification to requirements of the underlying zone will not be contrary to the intent and purpose of the zone or inconsistent with the Comprehensive Plan, or harmful to the surrounding neighborhood. The applicant is requesting to maintain the underlying RS -8 Zone, but use the flexibility afforded through the planned development process to cluster development away from the ravines and wooded areas. One of the primary purposes of the planned development process is to provide flexibility in the design, placement and clustering of buildings and to encourage development that is sensitive to the natural features of the land. Planned Development Approval Criteria Applications for Planned Development Rezonings are reviewed for compliance with the following standards according to Article 14-3A of the Iowa City Zoning Ordinance. 1. The density and design of the Planned Development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout. Density - The existing RS -8 Zoning is a medium density single family zone, which allows a mix of single family detached homes with attached single family or duplexes allowed on corner lots at a maximum density of 8 dwelling units per net acre. The overall density of the proposed planned development is approximately 3 dwelling units per acre. This residential density is consistent with the pattern of modest -sized single family homes, duplexes and townhomes developed along Dodge Street Court. Land uses Proposed and general layout - The planned development process encourages a mix of housing types and allows the flexibility to locate those housing types in a manner that 3 fits the site. The applicant is proposing to construct two buildings with 7, 2 -bedroom townhouse -style dwelling units. Attaching the units will provide the opportunity to combine side yards to create more space between the buildings; 20 feet instead of the10 feet that would be required between single family detached dwellings, and minimum 10 -foot side yards separating these units from adjacent properties. In addition, it allows clustering of dwelling units so that the sensitive wooded ravines are preserved on the remainder of the site. Staff finds that the proposed land uses are compatible with the intent of the underlying zoning and with the surrounding neighborhood. Building Design Mass and Scale - The proposed two story dwellings are consistent in mass and scale to adjacent dwellings. The proposed elevation drawings are consistent with standards for townhouses, each with a separate main entrance that is visible from and oriented toward Dodge Street Court and demarcated with a canopy, transom and sidelight windows. Each unit has a paved connection between the main pedestrian entrance and the public sidewalk. Garages are located behind the units with vehicular access provided from a rear lane. While the details haven't been fully developed, the conceptual elevation drawings appear to meet the building articulation standards for townhouse units. Staff recommends that final plans be reviewed and approved administratively by the staff Design Review Committee in accordance with the standards for townhouse -style units. Open Space — More than half the property will be preserved as open space. While the wooded ravines will not be particularly usable as general open space for the residents they will maintain the natural beauty of the site and a buffer from the higher traffic volumes along Dodge Street. The legal papers submitted with the final plat and planned development plan will need to address how common areas and sensitive areas will be managed and maintained over time. Traffic and Pedestrian Circulation — Dodge Street Court is a dead end street that has not been improved to current City standards. The Dodge Street Court right-of-way is very narrow oust over 30 -feet wide), and the roadway is just under 20 -feet wide. There is no curb and gutter and no cul-de-sac bulb or formal turn -around at the end of the street. A driveway to the single family home at 1124 Dodge Street Court extends through the southeast corner of the subject property, although a formal easement has never been established. The applicant has agreed to allow a driveway to this abutting property to remain, but it will be redesigned to provide additional separation from the new dwelling units and will be paved to the property line and sloped to help direct stormwater flow. An easement agreement for this driveway should be included with the legal papers with the final plat. There has been some concern expressed by neighboring property owners regarding the impact of additional development on Dodge Street Court given its deficiencies. To address the concerns, primary vehicular access to the proposed units will be from a rear lane that extends to Dodge Street. An emergency vehicle turn -around will be constructed along this rear lane. No new driveway access will be provided to Dodge Street Court. Each of these 2 -bedroom units will have a two -car garage with generous driveway approaches so that cars can also be parked behind the garages. In addition, the applicant is proposing eight visitor parking spaces off the rear lane to help prevent additional parking congestion along Dodge Street Court. Similar to the development project recently built to the west, staff recommends that additional land be dedicated to widen the public right-of-way along Dodge Street Court to 50 feet and that a new sidewalk be constructed to provide for pedestrian circulation and access to the front entrances of the dwelling units. Dedication of this land for public right-of-way can be accomplished during final plat approval. 2. The development will not overburden existing streets and utilities. 2 City sewer and water is available to this property. Capacity is adequate to accommodate development of these dwelling units. Since the proposed residential dwellings will not have direct access to Dodge Street Court and will have sufficient parking along the rear lane, staff finds that the existing street will not be overburdened by the proposed development. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development. Staff finds that the proposed development is not a significant departure from what would be allowed under the current RS -8 zoning with regard to views, light and air, property values and privacy of neighboring properties. The proposed building setbacks from the streets and between buildings are similar to existing development in the neighborhood. The number of units and mass and scale of the buildings will be complementary to other residential development along Dodge Street Court. Clustering the residential density into townhouse -style units will allow reasonable development of the property while preserving the environmentally sensitive features of the site. 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City street standards will be in the public interest, in harmony with the purposes of this Title, and with other building regulations of the City. All planned developments must comply with all the applicable requirements and standards of the underlying zoning district and the subdivision regulations, unless specifically waived or modified through the planned development process. Variations to the dimensional requirements of the underlying base zone and subdivision regulations are allowed: • to facilitate the provision of desired neighborhood amenities or open space; • to preserve or protect natural, historic, or cultural -features; • to achieve compatibility with surrounding development; or • to create a distinctive or innovative neighborhood environment for area residents. A variety of housing types are allowed with a planned development. Two townhouse -style multi -dwelling buildings with a total of 7 dwelling units are proposed on a common lot. The buildings must meet the setbacks, spacing requirements and design standards specified in the zoning code for these residential building types. The two townhouse -style buildings are separated by 20 feet with a minimum 10 -foot side setback from abutting properties. The front setback is 15 feet. The spacing and setbacks meet the zoning code standards. As noted above, the conceptual elevation drawings submitted by the applicants appear to meet the building design standards. Garages and off-street parking must be located and designed so that they do not dominate the streetscape, which will be accomplished with rear lane access to garages located behind the units. SENSITIVE AREAS The applicant has applied for approval of a Sensitive Areas Development, a type of planned development. The purpose of the Sensitive Areas Ordinance is to permit and define the reasonable use of properties that contain sensitive environmental features and natural resources, and allowing reasonable development while protecting these resources from damage. The following paragraphs describe the impact this development will have on the sensitive features of this site. The subject property contains regulated wooded areas and steep, critical and protected slopes on the northern portion of the site. As described above, development will be clustered on the south 5 end of the site in order to preserve the wooded ravines. A sensitive areas development plan has been submitted that delineates a construction limit line. The wooded ravines beyond this limit will remain undisturbed except by stormwater run-off. Additional measures may need to be taken to address drainage to prevent erosion in the steep ravines. Staff recommends that the details of the drainage plan be reviewed and approved by the City Engineer when construction drawings are submitted with the final plat. In an RS -8 zoned property, a minimum of 50% of the woodlands must be preserved. With this proposal, 73% of the woodlands will remain undisturbed. Nearly 100% of the regulated slopes on the site will remain undisturbed. PRELIMINARY PLAT Subdivision Design: The applicant is requesting to combine the two existing parcels into one development lot with two multi -dwelling buildings containing seven townhouse -style dwellings units. The buildings are aligned along Dodge Street Court with vehicular access from a rear lane to garages located behind the buildings. The rear lane provides vehicular access to Dodge Street through a shared access easement with the abutting property to the west. There is no vehicular access proposed to Dodge Street Court. The rear lane has been designed with an emergency vehicle turn around that meets City standards. Street design and connections: No new streets are proposed with this subdivision. As described above, staff recommends that additional land be dedicated to the City to widen the Dodge Street Court right-of-way to 50 feet and a new sidewalk constructed to provide pedestrian access to the front entries of the dwelling units. While Dodge Street Court has not been improved to City standards, staff finds there will be minimal impact to this street from the proposed development because all vehicular access to the units will be from a rear lane that directs traffic to Dodge Street. Additional parking and emergency vehicle turn around are also provided along the rear lane. Sanitary Sewer: Sanitary sewer is available along Dodge Street Court to serve these dwellings Water Service: A water main extension fee of $395.00 per acre is required. Resolution of any technical deficiencies on the plan will need to be resolved prior to approval of the final planned development plan. Storm water management: Since the property is less than 3 acres, on-site stormwater management facilities are not required. However, since Dodge Street Court does not have storm sewers or curb and gutter to direct run-off, staff recommends requiring the development to be designed to direct stormwater away from Dodge Street Court to the extent possible. The submitted plan indicates that water will largely be directed toward the rear lane, which will be curbed to direct stormwater to the northeast corner of the site and down into the wooded ravine to the north. To prevent erosion in the ravine from the more concentrated flow, additional measures may need to be taken to prevent erosion beyond what is shown on the preliminary plat. The City Engineer also recommends that efforts be made to grade the east side of the site and design the new driveway for the property at 1124 Dodge Street Court to prevent additional drainage issues on the abutting properties to the east. The details of the drainage plan can be addressed with the construction drawings submitted with the final plat and planned development plan. Neighborhood Open Space: A subdivision of this size requires the dedication of 3,930 square feet of neighborhood open space or fees in lieu of. The Parks and Recreation Department has determined that fees are appropriate in lieu of neighborhood open space dedication. The fee will be equivalent to the value of 3,930 square feet of property. This requirement will need to be addressed in the legal papers for the final plat. STAFF RECOMMENDATION: Staff recommends approval of REZ17-00010 and SUB17-00007, a one lot subdivision and a rezoning of approximately 2.4 acres of land from Medium Density Single Family Residential (RS - 8) to Planned Development Overlay (OPD -8) for property located along the north side of Dodge Street Court, subject to resolution of minor technical deficiencies and discrepancies on the preliminary plat and planned development plan and subject to the following conditions: a. Owner shall dedicate sufficient land along the entire property frontage to widen the Dodge Street Court right-of-way to 50 feet as a part of the final plat and planned development plan. b. Development on the subject properties shall be designed to drain on-site storm water away from Dodge Street Court to the extent possible and shall be designed to prevent erosion in the steep ravines and on abutting properties. The City Engineer shall review and approve the drainage plan as a part of the construction drawings for the final plat and planned development plan to ensure these conditions are addressed. c. Building designs shall be reviewed and approved by the City's Design Review Committee to ensure compliance with the planned development standards for townhouse -style buildings. DEFICIENCIES AND DISCREPANCIES: 1. Minor technical discrepancies and deficiencies, which will need to be addressed prior to approval by the City Council, but will not require substantive change to the proposed development. ATTACHMENTS: 1. Location Map 2. Preliminary Plat and Sensitive Areas Development Plan Approved by: ✓ .. Department of Neighborhood and Development Services ppdadmin�ffrep%documero N W E S 0 0.0295 0.055 0.11 Macs 1 i I 1 1 REZ17-00010 and SUB17-00007 North of Dodge Street Court Ali 1 .� .. �1 x., J ..r�F I...r di „i.. ✓ � M � � s4e� cu '1 r + 1 1 I r1 � 1• acres northof Dodge1 / RS -8 to Prenarr�i (;c. Sch-iii linrhr rl 11� C RS5 I RS5 RU- RS5 RS5 RS5 CAROLINE DR RS5 ;CAROLINE CT RS5 RS8 RSS RS5 RS5 ' RS5 RS5 RSB RS5 RS8 RS8 RS8 Of Of RS8 RS8 I RS5 Z Z W - S RSB��. U RS8 RS5 RS8 RSB � RS8 Q to RS5 RS8 �WW J RS8 OPOB An application submitted by Build to Suit for the rezoning of 2.396 acres north of Dodge Street Court from RS -8 to OPD -8 and approval of the prelimary plat of Focus First Addition. RS5 MU I RN12 R RM12 Rl112 RM12 DODGE STREETkCT�-- r•._ R38 I RS12 RS12 RS12 S1 RS12 R2 ,. RS8 IRS 2 I RS1, RS8 CITY OF IOWA CITY RS5 RS8 RS8 RS8 RSB RS8 RS8 RS8 LOT MOA PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT PLANAL FOCUS FIRST ADDITION IOWA CITY, IOWA za- t.F9M� FRUFAWRATM9 SB19 WARM wfiw A8RPIAN FOCUS FIRST RO ON uv.an �MCNCLI..IIV !1 J= i9N"40.r-: m ME: us za- t.F9M� FRUFAWRATM9 SB19 WARM wfiw A8RPIAN FOCUS FIRST RO ON uv.an �MCNCLI..IIV !1 LOT NOA ggq[e SITE GRADING AND SENSITIVE AREAS DEVELOPMENT PLAN FOCUS FIRST ADDITION IOWA CITY, IOWA fm e �..... ice= S"ti LII"'IiE}lee IWOK w. J }a(; IMP FO MnT �WITION �cnwry w. J }a(; IMP FO MnT �WITION �cnwry LANDSCAPE AND SENSITIVE AREAS DEVELOPMENT PLAN __ FOCUS FIRST ADDITION IOWA CITY, IOWA wz" �,��-�..e; Vie--^• ::. Dom®oo© saom�0oo© oocs�� mc�uv so mom® LANDSCAPE AND SENSR AREAS DEVELOPMEM PVN — 9 mop*oA Planning and Zoning Commission August 17, 2017—Formal Meeting Page 2 of 13 PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING/DEVELOPMENT ITEM (REZ17-00008/SUB17-00007): Discussion of an application submitted by Build to Suit for a rezoning of approximately 2.4 acres from Medium Density Single Family Residential (RS -8) zone to Planned Development Overlay - Medium Density Single Family Residential (OPD -8) zone and a preliminary plat of Focus First Addition, a 1 -lot, 2.4 -acre residential subdivision with 7 townhouse style dwelling units located on Dodge Street Court. Miklo began by showing images of the property, located on North Dodge Street Court east of Conklin Lane. The area to the west is zoned Low Density Multifamily (RM -12) and the subject property is zoned Medium Density Single Family (RS -8), and the property to the south is zoned High Density Single Family (RS -12). The proposal is to change the zoning from Medium Density Single Family to Medium Density Single Family with a Planned Development Overlay (OPD -8). Miklo explained the purpose of the planned development overlay is to allow clustering of housing units into smaller compact areas. So rather than building seven single family lots on this property the proposal is to cluster them into two buildings, one with four units and one with three units. By doing this the wooden ravines and steep slopes on the property can be preserved as open space. Miklo noted there is a list of approved criteria in the Zoning Code that should be considered whenever a planned development overlay is proposed. The first is that the density is in character with the neighborhood. As noted this property is zoned RS -8 which allows approximately eight dwelling units per acre. Miklo stated that with the amount of open space preserved on this site the development would actually be three units per acre, so well within the range permitted by zoning. Next the development should be in characteristic with other developments in the neighborhood. There are several townhouses directly to the west of the subject property and a multi -family building also to the west. There are single family homes to the south and east, and duplexes also to the south. Staff believes that these seven townhouses arranged in this pattern would be compatible and similar in character to the other properties in the neighborhood as well as in terms of building mass and scale. Miklo stated they must also consider open space, there is a considerable amount of open space being preserved on this property as a result of the proposal to cluster the units. The next item to consider is traffic and pedestrian circulation. The vehicular access for this property would primarily come off of Dodge Street through the existing multi -family development and through a rear lane where there would be driveway access to garages within the townhouses. There would be a pedestrian access from Dodge Street Court and the sidewalk extended. It may be possible that some visitors may choose to use Dodge Street Court for parking, but there will be additional visitor parking provided on this property as well as rear door way so there would be no reason to have to approach the building from Dodge Street Court. Miklo noted that the right-of-way for Dodge Street Court is fairly narrow so staff is proposing as a condition of this zoning that additional right-of-way be dedicated to bring it up to the minimum of 50 feet. As noted, this property does contain steep slopes and woodlands, and the majority of those will be preserved. The homeowners association for this development would be required to maintain Planning and Zoning Commission August 17, 2017 — Formal Meeting Page 3 of 13 that open space. Additionally the Commission is being asked to approve the preliminary plat for this proposal. That would result in the dedication of the street right-of-way and also contains information about stormwater management. Miklo stated that the City Engineer has not yet signed off on the stormwater plan but is in agreement with it conceptually. The goal is to direct stormwater to the ravine to the north. To prevent erosion in the ravine from the more concentrated flow, additional measures may need to be taken beyond what is shown on the preliminary plat to prevent erosion and that the site can be graded to direct water accordingly along the east property line. As a condition of approval Staff is recommending that the City Engineer sign off on the grading plan. Miklo stated they have received revised elevation drawing of the proposed buildings and noted that the Code does require the masonry extend along the entire two feet on all sides of the building to protect building siding from lawnmowers and other damage. That will also need to be revised prior to this item going to Council for approval. Staff recommends approval of REZ17-00010 and SUB17-00007, a one lot subdivision and a rezoning of approximately 2.4 acres of land from Medium Density Single Family Residential (RS -8) to Planned Development Overlay (OPD -8) for property located along the north side of Dodge Street Court, subject to resolution of minor technical deficiencies and discrepancies on the preliminary plat and planned development plan and subject to the following conditions: a. Owner shall dedicate sufficient land along the entire property frontage to widen the Dodge Street Court right-of-way to 50 feet as a part of the final plat and planned development plan. b. Development on the subject properties shall be designed to drain on-site storm water away from Dodge Street Court to the extent possible and shall be designed to prevent erosion in the steep ravines and on abutting properties. The City Engineer shall review and approve the drainage plan as a part of the construction drawings for the final plat and planned development plan to ensure these conditions are addressed. c. Building designs shall be reviewed and approved by the City's Design Review Committee to ensure compliance with the planned development standards for townhouse -style buildings. With those conditions Staff finds the rezoning and preliminary plat meet the Comprehensive Plan for this area and is consistent with the general character of the neighborhood. Martin asked about land dedicated to be open space, what are the requirements for that space? Can it never be built upon? Miklo answered that with this planned development they will specify that only these seven units will be allowed to be built and the rest will remain permanent open space. Only if it comes back before Planning & Zoning and City Council could it be reexamined for additional building. Miklo does not anticipate that happening given the topography of this area. Signs asked if there were two single family homes at the end of the street. Miklo confirmed there were single family homes and a series of duplexes in that area. Theobald asked about the good neighbor meeting and if there was a report of that meeting. Miklo said the applicant could comment on the meeting. Planning and Zoning Commission August 17, 2017 — Formal Meeting Page 4 of 13 Theobald asked if there was anything that needed to be added to this recommendation regarding the access and driveway for the single family house at the end of the street. Miklo said the engineers have looked at it, currently the driveway crosses the property (there is no easement) so the applicant has agreed to formalize the easement and grant rights to that property for use of the driveway. Hensch opened the public hearing. Alan MacVev (1124 Conklin Lane) questioned if the street (Dodge Street Court) was going to be widened. Miklo stated that at this time there are no improvements planned for the street other than putting in a sidewalk. It is the right-of-way, or easement that the City would own is being widened to 50 feet meaning more land is dedicated to City ownership. MacVey stated his concern that with the addition of the townhouses along that road even though they all have access from Dodge Street a lot of them park on the street anyway, and now we are adding seven more which makes it quite crowded. The street is narrow and does not have great pavement. MacVey noted this concern did come up in the good neighbor meeting as well. He would like to see some improvements to that street pavement. Clifton Young (1124 Dodge Street Court) stated that what the developer is doing is fine. He is just concerned about the traffic added to the street and the issues with drainage on the street. He pays $5 a month for drainage fee to the City and his driveway keeps getting eroded by the water that runs down from the slope of the street. He hopes they can fix the drainage issues. Hensch closed the public hearing. Signs move to recommend approval of REZ17-00010 and SUB17-00007, a one lot subdivision and a rezoning of approximately 2.4 acres of land from Medium Density Single Family Residential (RS -8) to Planned Development Overlay (OPD -8) for property located along the north side of Dodge Street Court, subject to resolution of minor technical deficiencies and discrepancies on the preliminary plat and planned development plan and subject to the following conditions: d. Owner shall dedicate sufficient land along the entire property frontage to widen the Dodge Street Court right-of-way to 50 feet as a part of the final plat and planned development plan. e. Development on the subject properties shall be designed to drain on-site storm water away from Dodge Street Court to the extent possible and shall be designed to prevent erosion in the steep ravines and on abutting properties. The City Engineer shall review and approve the drainage plan as a part of the construction drawings for the final plat and planned development plan to ensure these conditions are addressed. f. Building designs shall be reviewed and approved by the City's Design Review Committee to ensure compliance with the planned development standards for townhouse -style buildings. Parsons seconded the motion. Signs noted that it appears that the intent of the developer is to deal with the drainage issues so hopefully that will alleviate the neighbors' concerns. Additionally this proposal puts the property way under density of what it could be so it seems appropriate. Planning and Zoning Commission August 17, 2017 — Formal Meeting Page 5 of 13 Theobald is concerned that the conditions listed do not include the issue of the driveway, just the steep slopes to the north. Miklo noted that the plan shows the driveway being paved on the property subject to this rezoning, but the owner of the adjacent property would need to make arrangements for the paving of the remainder of the driveway. He also noted that the City Engineers felt the drainage plan will help alleviate the drainage problems. A vote was taken and the motion passed 6-0. DEVELOPMENT ITEM (SUB17-00009): Discussion of an application submitted by Watts Group Construction for a preliminary plat of Country Club Estates Seventh and Eighth Additions, a 27.95 -acre, 81 -lot residential subdivision located north of Rohret Road and west of Lake Shore Drive. Bochner presented the Staff report and showed pictures of the subject property. This areais in the process of being rezoned from Rural Residential (RR -1) and Interim Development Single - Family Residential (ID -RS) to Low Density Single -Family Residential (RS -5). The applicant used the "Good Neighbor Policy". A Good Neighbor Meeting and Open House was held on May 25. The subject area is located within the Weber Subarea of the Southwest District Plan. The Southwest District Plan indicates that the undeveloped portion of the Country Club Estates property is suitable for low-density single-family residential development, with a density of 2-8 dwelling units per acre. This plan show approximately 3 dwelling units per acre, so it falls within the approve range. The subject area is in the process of being rezoned to Low Density Single - Family Residential (RS -5), a zone which is primarily intended to provide housing for individual households. In this zone, the minimum lot size is 8,000 square feet. However, Section 14 -2A -7A of the zoning code provides a density bonus that reduces minimum lot size for dwellings whose vehicular access to garages and off-street parking is restricted to an alley or private rear lane. Under this provision, minimum lot size is reduced to 6,000 square feet and in this subdivision, the lots along Rohret Road are in compliance with this provision. According to the subdivision regulations, block faces along local and collector streets should be between 300 and 600 feet and on arterial streets, the subdivision regulations state that blocks should be longer than 600 feet. All the streets in this proposed development met that requirement except for Sedona Street but because it is longer than recommended there is a pedestrian access trail. The two new streets created in this subdivision are Sedona Street and Yuma Drive. Tumbleweed Terrace will be extended into this subdivision from a prior development. All of these streets meet the subdivision regulations of having a 60 foot right-of- way and a minimum 26 foot street width. The subdivision also includes a private residential alley behind the lots on Rohret Road. Because the alley is an 1100 foot, unimpeded straight road, the preliminary plat includes traffic calming devices to prevent speeding and protect pedestrians. These include two speed tables and a raised crosswalk for the connecting pedestrian trail. The subdivision includes two outlets that provide access easements and open space, which will be deeded to the Country Club Estates Homeowners' Association. To prevent issues with double frontages for lots 72-81, Slothower Road should be vacated. This can be done if and when the land to the west is annexed. Bochner stated that in terms of the infrastructure Rohret Road is a rural cross section with chip Kellie Fruehling From: Jason Harder <jasonh@buildtosuitinc.com> Sent: Thursday, September 21, 2017 9:23 AM To: Kellie Fruehling Cc: Karen Howard; Duane Musser Subject: FW: CZA for Dodge Street Court Good Morning, Per Karen's below email, please accept this as our (Focus) formal request to "expedite consideration" of our rezoning request at the next Council meeting. Please feel free to contact me if you need anything else besides this email . Thank you for your assistance in helping us out. Sincerely, Jason Harder, P.E. Build to Suit Inc. 2451 OAKDALE BLVD STE 201 CORALVILLE IA 52241 CELL: 319-360-2564 From: Karen Howard <Karen-Howard@iowa-citv.ora> Date: Wednesday, September 20, 2017 11:44 AM To: Jason Harder <iasonhC@buildtosuitinc.com> Cc: Duane Musser <D.musser@mmsconsultants.net> Subject: RE: CZA for Dodge Street Court Thanks, Jason. Let me know if you have any questions going forward. If you would like Council to expedite consideration of the rezoning by taking both the second and third votes on the rezoning at the next Council meeting, please send an email to the City Clerk (kellie-fruehlina@iowa-citv.ore) and copy me on the email, so we know to include that request in the Council's next agenda packet. -Karen From: Jason Harder rmailto:iasonhColbuildtosuitinc.coml Sent: Tuesday, September 19, 2017 1:26 PM To: Karen Howard Cc: Duane Musser Subject: CZA for Dodge Street Court Karen, I dropped off our signed and notarized CZA for Dodge Street Court. I left it with the second floor front desk with you name on it. Thank you, Jason Harder, P.E. Build to Suit, Inc. 2451 OAKDALE BLVD STE 201 CORALVILLE[A 52241 CELL: 319-360-2564 I , Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. Ordinance amending Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," and Title 10, entitled "Public Ways and Property," to prohibit the use of tobacco including smokeless tobacco in all City parks. Whereas, Chapter 142D of the Iowa Code, the Iowa Smokefree Air Act, prohibits smoking tobacco products in certain public spaces, places of employment and outdoor areas, including enclosed City buildings and vehicles operated by the City, the public grounds immediately adjacent to City buildings and bus shelters; and, Whereas, the Smokefree Air Act expressly authorizes a person having custody or control of property to declare property that is otherwise exempt under the Smokefree Air Act to be a non- smoking place; and, Whereas, in Chapter 10 of Title 6, "Public Health and Safety", the City has declared additional areas to be smoke free places including the municipal parking ramps, airport, City Plaza except for alleys and certain areas within Iowa City parks, and, Whereas, electronic cigarettes are not covered by the Iowa Smokefree Air Act; and, Whereas, in Ordinance No. 15-4634 (codified at Section 6-10-2), the City Council found that the use of e -cigarettes presents a serious and unknown public health threat and that in the interests of protecting the health of the public and providing a healthy work -place environment for its employees the City of Iowa City and prohibited the use of electronic cigarettes in all areas where it is illegal to smoke tobacco products; and Whereas, the National Cancer Institute states that chewing tobacco and snuff contain 28 cancer-causing agents; Whereas, the Center for Disease Control (CDC) found that nationally 8.3 percent of high- school males and 3.3 percent of all high-school females reported using smokeless products in 2016 and nationally 3.0 percent of middle -school males and 1.5 percent of all middle school females reported using smokeless products in 2016; Whereas, the Center for Disease Control (CDC) found that nationally 13.13 percent of high- school males and 9.5 percent of all high-school females reported using electronic cigarettes in 2016 and nationally 5.1 percent of middle -school males and 3.4 percent of all middle school females reported using electronic cigarettes in 2016; Whereas, the use of tobacco and electronic cigarettes should be prohibited throughout all City parks except private vehicles; and Whereas, it is in the City's best interest to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," Section 1, entitled "Smoke Free Places Itemized" is amended by deleting Subsections E through N and Subsection R in their entirety and substituting the following new Subsection E: All City parks except when in a privately owned vehicle. 2. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks," is hereby amended by adding new Subparagraph L: In addition to the prohibition of use of tobacco and electronic cigarettes in City parks as provided in Section 6-10 of this Code, no person shall use smokeless tobacco in any City park except when in a privately owned vehicle. Smokeless tobacco is defined as any product that contains cut, ground, powdered, or leaf tobacco and is intended to be placed in the oral or nasal cavity, including, but not limited to, snuff, chewing tobacco, dipping tobacco, dissolvable tobacco products and snus. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2017. Mayor Approved by Attest: S i 1 •t City Clerk City Attorney's Office Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 09/19/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Botchway, Cole, Dickens. NAYS: Throgmorton. ABSENT: None. Second Consideration 10/03/2017 Voteforpassage: AYES:Taylor, Thomas, Botchway, Cole, Dickens,Mims. NAYS: Throgmorton. ABSENT: None. Date published that the CITY OF IOWA CIT COUNCIL ACTION REPO September 19, 2017 Ordinance amending Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," and Title 10, entitled "Public Ways and Property," to prohibit the use of tobacco including smokeless tobacco in all City parks. Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Sue Dulek, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: Approval Attachments: Ordinance Executive Summary: Currently it is illegal to smoke tobacco and use electronic cigarettes in some parks, and the use of chewing tobacco is not prohibited in any park. This ordinance prohibits smoking tobacco, chewing tobacco and using electronic cigarettes throughout all parks except inside a privately owned vehicle. This includes trails that traverse parks. Background / Analysis: Johnson County Public Health made a presentation to the Parks & Recreation Commission at the January 11, 2017 meeting recommending that Iowa City consider extending the no smoking ban in place for specific parks to all parks and trails and to include all forms of tobacco. The Commission agreed and made a recommendation to encourage the City Council to consider this change. This change will require an amendment to the City Code, Chapter 6. The City Council discussed this at the August 1, 2017 Council work session and directed staff to present and Ordinance amendment. Iowa passed the Iowa Smokefree Air Act in 2008 that prohibited "smoking" "tobacco products" in certain public and private places, such as school grounds, restaurants, and vehicles owned employers. That law is enforced by the State. Additionally, local governments could declare certain areas owned by the governmental entity as smokefree, and the City Council declared a variety of places to be smokefree which can be found in Section 6-10-1, which is shown below. In 2015, Council passed an ordinance prohibiting the use of e -cigarettes in all places where smoking is prohibited (i.e., both the prohibitions listed in Section 6-10-1 and the list of prohibited places in the State Code), which is found in Section 6-10-2 set forth below. The City Code does not regulate the use of chewing tobacco. CITY OF IOWA CITY �r9V Elk IN COUNCIL ACTION REPORT Current City Code: 6-10-1: SMOKE FREE PLACES ITEMIZED: It is illegal to smoke in a smoke free place. Pursuant to HF 2212, section 5, to be codified at section 142D.5 of the Iowa Code, the city declares the following areas to be smoke free places: A. Iowa City Municipal Airport. B. Municipal parking ramps except in privately owned vehicles that are not located in the Chauncey Swan Parking Ramp during the farmers' market as provided in this section. C. City Plaza except the public alleys. "City Plaza" is defined in section 10-5-2 of this code. D. The area between the public library and Linn Street including the sidewalk, as illustrated on the diagram below, and the area within ten feet (10') of a sidewalk cafe that is not in City Plaza. "Sidewalk cafe" is defined in section 10-3-1 of this code. E. Napoleon Park except the parking lot and the Iowa River Corridor Trail. F. Baseball/softball complex at Mercer Park not including the parking lots. G. Iowa City Kickers Soccer Park including the parking lots. H. The area within fifty feet (50) of the City Park pool building and the fence that encompasses the City Park pool and the area inside the fence. I. Riverside Festival stage/seating area and the area within fifty feet (50') of Riverside Festival stage/seating area. J. Bobby Oldis baseball fields in lower City Park including the bleachers, sidewalk, and all other areas between the fields. K. The area within fifty feet (50') of the amusement rides in lower City Park. L. Skateboard Park. M. Tennis courts in all city parks. N. Dog parks. O. Farmers' market beginning thirty (30) minutes prior to the opening of the farmers' market. "Farmers' market" is defined in section 10-11-1 of this code. P. The area within fifty feet (50) of any outdoor stage or location where musicians are performing during any outdoor entertainment venues where members of the general public assemble to witness entertainment events, such as, but not limited to, Arts Fest and Jazz Fest. Q. The streets and adjacent sidewalks along the parade route of the University Of Iowa homecoming parade from five o'clock (5:00) P.M. to eight o'clock (8:00) P.M. on Friday evening of the homecoming parade. (Ord. 08-4314, 9-9-2008) R. Black Hawk Mini Park. 6-10-2: ELECTRONIC CIGARETTES: It is illegal to use an electronic cigarette in any smoke free place listed in section 6-10-1 of this chapter or in any place where chapter 142D of the Iowa Code prohibits smoking a tobacco product. "Electronic cigarette" means vapor product as defined in section 453A.1 of the code of Iowa. Kellie Fruehling From: Melissa Wagner <melissawagner07@gmail.com> Sent: Tuesday, September 19, 2017 7:25 PM To: Council Subject: Smoke free parks Hello, I wanted to write an email of support in approving the smoke free parks initiative. Prohibiting smoking in our local parks promotes positive messages including teaching future generations healthy behaviors, keeping our landscape cleaner without cigarette butts lining the walkways, and preserving our parks for the intended uses of leisure and recreation. Thank you, Melissa Wagner Sent from my iPhone From: 5835785380 Page: 1/1 Date: 9/21/2017 8:13:40 AM To 9 �YOr. The anti-tobacco/anti-emaking zealots/do-gooders have made such a ballyhoo about "second hand smW90 until they've convinced the whole pubjie that anyone will keel over dea&-4f=getting- a whiff of second hand tobacco atpoket Anyone doeent have to look very far to find many things that are a whole lot more endangerment to life and safety than a little secondary tobacco smoke. dont we ever bear about t of ba' on the races near those big rig trucks that speed and drive too fast for conditions? Its Like be afraid of a grase� but not beSnic afraid of a tigws• I wish tbare were as many forces and zealote'to attack the drivers that endanger many millions of people with dangerous driving, as there are that havo-such a hyper -fear of a little secondary tobacco smoke- If there were. tha Big trucking lobby would be right in there to defend their aetionst Ind anyone that ge'bs a the way diserves to get ran over. 1 dont smoke. But I've been around smokers, gazoliag and diesel fuel fumes an aW lila and none of -it has killed me off yet, and I'm old. Prolcl9 brpathing of secondary tobacco smoke in a closed roan would be un -healthy. lis r; sure as bell wont be afraid of a few smokers in the open air outside. ,'' vhyper paranoia of a little tobacco smoke in so OIIESi.donet 563 578 .53W-1. T97 at 3.330-4 pir. -e- FL LEW 20832 Y AVENUE SUMNER. A 50571 This fax was received by GFI FaxMaker fax server. For more information, visit: hftp:/Avww.gfi.com N ' n H � 4 N ---1n '{r rri a M ns This fax was received by GFI FaxMaker fax server. For more information, visit: hftp:/Avww.gfi.com I Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Ordinance No. 17-4727 Ordinance amendin Title 17, entitled "Buildinand Housing," Chapter 5, entitled Housing Code, to provide for tRe abatement of rent in emergencies. Whereas, Section 364.17(3)(a)(8) of the Code of Iowa grants municipalities the authority to abate rent if a dwelling does not comply with the housing code; Whereas, the City's Affordable Housing Action Plan includes a provision to allow the City to order that rent be abated in an emergency; Whereas, the Building Official should have the authority to abate rent in certain instances when the Housing Code violations pose a substantial risk to the health or safety of the tenant and when the landlord fails to obtain a rental permit; and Whereas, it is in the City's interest to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 9, entitled "Emergency Orders," is amended by adding the following at the end of Section 9: Notwithstanding Section 17-5-11, rent shall be abated if the inspector issues an emergency order for failure to comply with the Housing Code and the owner fails to repair the condition giving rise to the order within 5 days. Rent abatement means that the owner may not recover rent from the tenant. The effective date of the abatement is the date the inspector issues the emergency order. Notice to the owner and tenant of the rent abatement shall be given in the same manner as in 17-5-11. 2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 10, entitled "Placarding of Structures; Condemnation Referrals," is amended by adding the following at the end of Section 10: Notwithstanding Section 17-5-11, rent shall be abated if the Building Official placards the dwelling unit for violation of the Housing Code for more than 5 consecutive days. Rent abatement means that the owner may not recover rent from the tenant. The effective date of the abatement is the date the dwelling unit was placarded. Notice to the owner and tenant of the rent abatement shall be given in the same manner as in 17-5-11. 3. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 11, entitled "Fees," is renumbered as Section 24. 4. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," is amended by adding the following new Section 11, entitled "Rent Abatement": A. The Building Official may order rent abated when the Building Official determines that the owner has, after issuance of a notice of violation of the Housing Code: 1) failed to provide an essential service(water, sewer, electricity, heat); 2) failed to remedy a condition that poses a substantial risk to the health or safety of the tenant; or 3) rented a dwelling unit without a rental permit. B. Rent abatement means that the owner may not recover rent from the tenant. Rent shall be abated until the condition for which rent abatement was ordered has, in the judgment of the Building Official, been remedied. Ordinance No. 17-4727 Page 2 C. The Building Official shall provide a copy of the rent abatement order to the owner at the address on the rental permit and to the tenant by U.S. mail and by posting the entrance door to dwelling unit. Notice of termination of the rent abatement order will be given in the same manner. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section IV. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section V. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed a d app/roved this rd day of October 2017. May6r Attest: City Clerk Approved by City Attorney's Office Ordinance No. 17-4727 Page 3 It was moved by Botchway and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 09/05/2017 Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None ABSENT: None, Second Consideration 09/19/2017 Vote for passage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Date published 10/12/17 CITY OF IOWA Cf COUNCIL ACTION REP t t- September 5, 2017 Ordinance amending Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," to provide for the abatement of rent in emergencies. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Tracy Hightshoe, Neighborhood Services Coordinator Doug Boothroy, NDS Director Stan Laverman, Senior Housing Inspector Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: ordinance Executive Summary: The Code of Iowa grants municipalities the authority to abate rent if a dwelling does not comply with the housing code. The City's Affordable Housing Action Plan includes a provision to allow the City to order that rent be abated in an emergency. This ordinance allows the City to order that rent be abated in certain instances. Background / Analysis: The City's Affordable Housing Action Plan includes a provision to allow the City to order that rent be abated in an emergency, which was partly in response to the condition of Rose Oaks in 2016. The City Code currently authorizes the City to issue emergency orders in certain instances and to placard structures in certain instances. This ordinance allows the City to order rent be abated as part of an emergency order or if the unit is placarded. Additionally, the City can order rent to be abated if the landlord fails to comply with a notice of violation for a) failing to provide an essential service (water, sewer, electricity, heat); 2) failing to remedy a condition that poses a substantial risk to the health or safety of the tenant; or 3) renting a dwelling unit without a rental permit. The ordinance requires the City to send the tenant a copy of the order to abate rent and to post the entrance door to the rental unit. Because the problems giving rise to the emergency order or placarding are often cured quickly, rent will not be abated unless the problem is not resolved in 5 days. However, the effective date of the abatement is the date the order was issued or the unit was placarded. If rent is abated, the tenant is not legally liable for rent. Therefore, if rent is abated, the tenant cannot be evicted by the court for nonpayment of rent that was abated. Similarly, the landlord cannot legally withhold all or part of the rental deposit for rent that was abated. I Prepared by: John Yapp, 410 E. Washington Street, Iowa City, IA 52240; 319-5252 Ordinance No. 17-4728 Ordinance amending Title 18, Site Plan Review, to require notification to occupants and an occupant transition plan for any additions or alterations to a residential development with more than 12 residential units Whereas, the Comprehensive Plan supports mitigating the impact of large-scale residential redevelopment on occupants of proposed projects involving remodeling or reconstruction of existing multi -family residential dwellings by fostering communication between property owners and occupants through sufficient notice requirements; and Whereas, the Comprehensive Plan encourages developers of such projects to create transition plans to provide information to occupants regarding any construction activity which may affect residents; and Whereas, the Comprehensive Plan supports infill development and redevelopment opportunities in areas where services and infrastructure are already in place; and Whereas, the 2015 Update to the Affordable Housing Market Analysis and the CITY STEPS Consolidation Plan document affordable housing issues and trends in the Iowa City market, noting that the affordable housing needs in the Iowa City market are unmet and growing; and Whereas, the City currently requires a major site plan approval for redevelopment projects impacting more than 12 residential units; and Whereas, residents of such redevelopment may be required to relocate as a result of such redevelopment, making notice and communication essential to mitigating the impact of such relocation, particularly given the unmet and growing need for affordable housing; and Whereas, City Council approval of occupant transition plans for redevelopment projects containing more than 12 residential units, for which approval of a major site plan is required, will emphasize the importance of fostering communication between the owner and those persons who may be required to move as a result of the redevelopment, and seeks to educate such residents about alternative housing options. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Title 18, Site Plan Review in hereby amended as follows: A. 18-1-1 Purpose: Amend by deleting Section B(3), renumbering the subsequent sections, and adding the following as Section H: H. Mitigate the impact of redevelopment on occupants of proposed projects involving the remodeling or reconstruction of existing multi -family residential dwellings by fostering communication between the property owner and the occupants. B. 18-2-1 General Procedures. Amend by deleting it and renumbering the subsequent articles accordingly. C. 18-2-2 Submittal Requirements: Amend by inserting the following as Section A and renumbering the subsequent sections accordingly: A. General: An application for site plan approval shall be submitted to the City with the required review fee, as established by resolution of the city council. The application shall be deemed complete upon filing the payment and all information required pursuant to this Article. Ordinance No. 17-4728 Page 2 D. 18-2-2(B) Major Site Plans: Amend by inserting a reference to Section B (minor site plans, as amended by this ordinance) in the introductory sentence and add the following subsections 6 and 7: Submittal information for major site plans must include all the information contained in sections A and B of this article, plus the following additional information: 6. Within twenty four (24) hours of submitting an application for major site plan approval, the applicant shall post notice on the subject property of intent to develop on the site. The notice to be posted will be provided by the city and shall be posted as directed by the city. For Major Site Plans involving any additions or alterations to existing development containing over 12 residential units, the applicant, within 24 hours of submitting an application for major site plan approval, shall mail written notice to all current occupants of the development property informing them of the application and intention to develop on the site, the anticipated construction timeline, and phasing of the project. The applicant shall furnish evidence satisfactory to the City that such notice requirements have been satisfied before the application will be considered complete. 7. For Major Site Plans involving any additions or alterations to existing development containing over 12 residential units, the applicant shall submit an occupant transition plan if there are any occupants of the development on the date the application is submitted. Such a plan must include the number of current occupants; a general description of current contractual obligations between the owner and the occupant(s); when any leasehold interest expires; and a construction timeline and phasing plan. E. 18-2-3 Approval/Denial Process. Amend by deleting it and replacing it with the following: A. Minor Site Plans shall be reviewed administratively. Major Site Plans shall be reviewed administratively unless a request for Planning and Zoning Commission review is made in accordance with Section B below. I. Except for major site plans involving any additions or alterations to existing development containing over 12 residential units, the building official shall review and comment, approve, approve with conditions, or deny such site plans submitted within twenty-one (21) working days after application. ii. Where an occupant transition plan is required pursuant to 18-2-2(c)(7) above, in no event shall the site plan be approved until the City Council has considered and approved said occupant transition plan. In approving the occupant transition plan, Council may impose conditions to address the impact of the redevelopment on occupants of the property, but may not prevent either the landlord or the tenant from exercising its rights under any lease and/or Iowa law, including but not limited to those of eviction, a decision not to renew existing leases or a challenge by a tenant thereto, and may not alter the terms of the lease/right of possession by imposing requirements that relocation benefits or other assistance be provided. B. For Major Site Plans, the Director Neighborhood Development Services or those owners of twenty percent (20%) or more of the property located within two hundred feet (200') of the exterior boundaries of the proposed development site, may request review of the site plan by the planning and zoning commission. The request must be in writing and must be filed with the building official within twenty (20) days of submission of the original application or within twenty (20) days of the posting requirements set forth in section 18-2-1 of this chapter, whichever is later. When such a request is received, the planning and zoning commission may review and approve, review and approve with conditions, or review and deny said plan within twenty (20) working days of receipt of the written request for planning and zoning commission review. The commission's scope of review shall be the same as that of the building official. Ordinance No. 17-4728 Page 3 C. Upon site plan approval by the building official or the planning and zoning commission, a building permit may be issued. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of October , 2017 '�, z --,- Ma or ' Approved by: Attest' , r /",City Clerk City Attorney's Office 91r-Z5-117 zs'1i7 Ordinance No. 17-472g Page 4 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims X Taylor x Thomas X Throgmorton First Consideration 09/05/2017 Vote for passage: AYES: Cole, Dickens, Mims Taylor, Thomas, Throgmorton, Botchway, NAYS: None ABSENT: None Second Consideration 09/19/2017 Vote for passage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. Date published 10/12/17 r 10-03-17 CITY OF IOWA CITY s �� MEMORANDUM Date: September 13, 2017 To: Geoff Fruin, City Manager From: John Yapp, Development Services Re: Occupant transition plans and translation services At the September 5 City Council meeting, a question was raised regarding the proposed occupant transition plans, notification to residents of redeveloping properties, and translation services. Staff recommends the City provide any requested translation services. Staff recommends the City develop a standard insert which would be put into the notices mailed to residents of redeveloping properties, which would explain the translation services available through the City's 'language line' service. This insert could be provided in the most common languages in Iowa City such as English, French, Spanish, Arabic and Mandarin. If language line does not support a particular language being requested, the City would assist with finding an interpreter as necessary. This process can be done administratively. Cc: Eleanor Dilkes, City Attorney Tracy Hightshoe, Acting NDS Director Sue Dulek, Assistant City Attorney .®ooCITY OF IOWA CITY MEMORANDUM C Lf Py Date: June 16, 2016 To: City Council From: Eleanor Dilkes, City Attorney Re: 1. Site Plan approval process for redevelopment of existing multi -family structures, and potential amendments to mitigate the impact on existing tenants 2. Direct Regulation of Landlord Tenant Relationship by City ISSUE #1 Are there amendments to the City's site plan review process that would have the potential to mitigate the impact of redevelopment on existing tenants? CONCLUSION #1 Approval of a site plan is a process for assuring compliance with the City's zoning code and other various City codes and regulations. Unlike a rezoning, the approving body does not have the discretion to exercise its judgment on the best use of the property, but rather, reviews the site plan with reference to existing codes. Public input in this process has the potential to create unreasonable expectations on the powers available to the approving body. If a site plan complies with the various technical codes, it must be approved. Certain code amendments, however, could further the goal of mitigating the impact of redevelopment on current tenants. Increased notice and public process may provide opportunities to allow tenants, service agencies and others to plan for the impact on tenants and the availability of affordable housing and give tenants greater opportunities to find alternative housing before the project is commenced. ISSUE #2 What can the City legally do to minimize the harm of legal displacements of large numbers of lower-income residents from large housing complexes? For example, can the City legally require owners of housing complexes which exceed a defined number of residential units to provide a specified number of months advance notice to residents of the owners' intent not to renew leases? What else might the City be legally empowered to require? There are a number of strategies available under Iowa law to address the needs of our residents for affordable housing most of which involve either direct funding by the City or programs created by the City to provide incentives to the private market to create affordable housing units. The available options will be presented by staff at your June 21 work session. This memo will address whether the City may directly regulate the landlord/tenant relationship. CONCLUSION #2 The home rule schemes in the states of California and Washington allow cities like San Francisco and Seattle to directly regulate the tenant/landlord relationship. The home rule scheme in Iowa is far more limited. The private tenant/landlord relationship may be affected incidentally by city zoning and building code regulation and enforcement but the City does not have the authority to dictate the terms of the lease, the bases on which a tenant can be evicted or on which leases are renewed, or the relocation assistance provided by a landlord to a tenant. Rent abatement is an available enforcement tool not included in the City's housing code that the Council may want to consider including as a remedy in the case of emergency orders when immediate action is necessary to protect the health and safety of the occupants but vacation of the unit is not necessary. DISCUSSION # 1 On March 8, 2016 the City received an application from the current owners/managers of Rose Oaks apartments seeking approval of a site plan to allow some of the existing multi -family buildings to be demolished and reconstructed, and other existing multi -family buildings to be remodeled. No rezoning is necessary for this work to be done, and no City financial assistance has been requested. The current City code requires that notice be posted on the property 24 hours after the application for site plan approval has been submitted. The review and approval process is administrative, performed by City Staff. Concerns have been raised regarding whether this gives affected tenants adequate notice and time to resolve housing challenges that may result if the site plan is approved and the project constructed. BACKGROUND ON SITE PLANS The Iowa Supreme Court has explained a "site plan" as follows: The approval of a site development plan is not a rezoning. The site development plan is a map showing the configuration of the property, the location and dimensions of the proposed buildings, landscape data, engineering data and other factual information relating to the intended development of the property. The site plan allows the city to assure compliance with the city zoning regulations and other various city codes and regulations. Kane v. City Council, 537 N.W.2d 718, 722 (Iowa 1995) (Site plan approval is not a rezoning and can be done by resolution of the city council rather than ordinance.) The site plan must be approved "if the requirements of the ordinance and regulations are met." Johnston v. Christenson 718 N.W.2d 290, 299 (Iowa 2006). Title 18 of the Iowa City Code governs site plan applications. While the site plan review process can require considerable review and amendment before approval given the various code requirements, it is fairly ministerial, unlike the rezoning process. Submittal requirements differ 2 depending on whether the plan is a "major site plan" or "minor site plan". A "major site plan" involves the construction or remodeling of developments with over 12 residential units or over 10,000 square feet of non-residential floor area. See Section 18-1-2(C). Notice must be posted on the property within 24 hours of filing the application. See Section 18-2-1. The application submittal requirements are set forth in 18-2-2, and include such information as the total number and types of dwelling units proposed, the proposed uses for all buildings, and other technical information necessary to determine whether the plan complies with the zoning code, such as parking, landscaping, building setbacks, and storm water runoff. The approval process is set forth in 18-2-3. It currently requires that the City building official "review and approve, review and approve with conditions, or review and deny" all site plan applications within 21 working days after the application is filed. The code also allows for P&Z to perform the site plan review in lieu of the building official if the building official or 20% or more of the property within 200 feet request P&Z review within 20 days after the notice is posted. The scope of P & Z's review is the same as that of the building official. Once a site plan is approved, a building permit may be issued. Persons aggrieved by a decision of either the building official or P&Z may appeal the decision to the Board of Adjustment. Further appeal of the BOA'S decision is to the district court. See Iowa Code Section 414.10 and Dahlen v. Iowa City P&Z and Shelter House, 2009 Iowa App. Lexis 1707 (2007). The City Council is not involved in any component of a site plan approval. This plan review and approval process has been in place since 1992. The procedure for site plan approval varies among Iowa cities. In some, such as Davenport, Council Bluffs and Dubuque, it is done entirely at the staff level. In others, such as Johnston, site plan review and approval is done by the City Council. For example, the procedure for approval of a site plan in Johnston includes review and a recommendation to Council from P&Z within 45 days from the date of the site plan application, followed by Council approval or disapproval of the site plan. Yet in others, such as Cedar Rapids and Des Moines, the process vanes with either staff or Planning and Zoning Commission doing the initial administrative review and an appeal allowed to the City Council. See Cedar Rapids Code of Ordinances Section 32.02.030; Des Moines Code of Ordinances Section 82-206 through 82-219. DISCUSSION OF OPTIONS Foster Greater Communication Title 18 of the City Code could be amended in several ways to foster greater communication between the landlord and tenant where a site plan application has been made that will impact existing tenants. Among those amendments may include imposing additional notice requirements; encouraging a "good neighbor meeting;" extending the review period; and creating an avenue for City Council to review and approve certain major site plans, or a subset of major site plans. In contemplating such amendments, it is important to consider changes that are narrowly tailored so that they do not chill reinvestment in multi -family properties and allow redevelopment to occur at an objectively reasonable pace. In addition, because site plan review is a limited review, Council review may create expectations on the part of the public that the Council cannot fulfill. 3 Increase Notice Reauirements As mentioned above, the code currently requires notice to be posted on the property 24 hours after the application for a site plan has been submitted. Council could amend Section 18-2-1 or 18-2-3 to require notice be mailed to all current tenants a certain number of days before the application is submitted or the review period could be extended such that the application would not be considered final until so many days after the notice is mailed. The City's current Good Neighbor Program focuses on fostering communication before various development applications come before P&Z or BOA. While it is not required, applicants are asked if a good neighbor meeting was held at the time an application is submitted for such development activities as rezonings, annexations, comprehensive plan amendments, and preliminary plat approvals. This program could be expanded to include major site plans or a subset thereof. Add Role of P&Z and/or Council In lieu of the current Staff or P&Z review and approval process, the code could be amended to require that certain defined site plans be reviewed by the P&Z Commission for its recommendation to Council, and then Council approval by resolution after a public hearing is set and held on such a resolution. Notice of both the P&Z meeting(s) and Council meeting(s) would be posted as a public meeting, and published in the Press -Citizen. hi the process of approving a resolution, Council could impose certain conditions on the site plan approval in addition to existing regulations that are reasonable and imposed to satisfy public needs being created directly by the site plan, pursuant to Iowa Code Section 414.5. For example, site plan approval for non -vacant buildings could be effective and the building permit issued on the date of the last day of the longest remaining lease term. Per Iowa Code Section 414.5 such conditions, however, would have to be agreed to in writing by the landlord before close of the public hearing. It is important to keep in mind that the City cannot dictate lease terms to the landlord and tenant and thus the City does not have the power to require relocation assistance or modifications to lease terms. The City Council cannot prohibit a landlord from filing a forcible entry and detainer action against the tenant with the Johnson County Clerk of Court (i.e., an eviction) after the lease term is complete or from attempting to negotiate a voluntary buy out of the lease. The City cannot act as an interpreter of the lease or the tenant's legal rights. It cannot deny a site plan based upon the existence of a leasehold interest in the property. I understand from NDS staff that since 2006 there have been site plans submitted for ten remodels/reconstruction of existing multi -family buildings, including Rose Oaks. Of those, three required rezonings by Council, leaving six such site plans with no associated rezoning. Because tenant relocation is a concern only where a site plan involves changes to existing multi -family projects, and the Council has considerably more discretion in approving a rezoning, the type of site plans reviewed by Council could be limited to those major site plans for multi -family residential projects for which a rezoning is not required. All other site plans would be approved administratively by staff. Furthermore, it is advisable to put the approval authority squarely with the Council, rather than have the Council stand as an appeal body. This avoids potential claims that such authority has been specifically delegated to the Board of Adjustment pursuant to Iowa Code Section 414.10; Holland v. City Council of Decorah, 662 N.W.2d 681, 688 (Iowa 4 2003)(city council exceeded its authority by allowing the filling of a portion of a flood plain for the purpose of building a Wal-Mart because the council cannot bypass authority of a Board of Adjustment; City cannot use its site development plan authority to circumvent or overrule a decision by the BOA ). Require Transition Plan It has been suggested that the Council require a relocation plan or transition plan to ensure that "the legal rights of tenants are not being infringed." (Council member Cole proposal). It would be possible to require a major site plan application to include a description of the current leases, including the number of leases and the terms of the leases, and a summary of the Landlord's plan to coordinate the demolition/reconstruction with the terms of the leases. Such a requirement must be based upon the City's Comprehensive Plan. Among the housing goals identified in the IC2030 Comprehensive Plan are: "identifying and supporting infill development and redevelopment opportunities in areas where services and infrastructure are already in place;" "improve and maintain housing stock in established neighborhoods;" and "maintain and improve the safety of all housing." Depending on the location of the property shown on the site plan, a district plan may be applicable, and may also include goals supporting a transition plan for certain site plans. In reviewing the Comprehensive Plan, however, there is no focus on the need to mitigate the impacts of redevelopment to the extent the City is legally able. If it is Council's desire to require such a plan, the IC2030 Plan should be amended to more directly state one of the City's goals is to mitigate the impacts of redevelopment of existing housing on residents and the availability of affordable housing. The Title 18 purpose statement should be amended to insert the planning principle(s) upon which such a "transition" plan is based. For instance, the Plan could be amended to add the "smart planning principle" adopted by the State of Iowa in Iowa Code Section 18B.2(2)(d), which supports City objectives, policies or programs "that further the vitality and character of established residential neighborhood" and "ensure an adequate housing supply that meets both the existing and forecasted housing demand." In the event Council desires to pursue the requirement of a transition plan, further discussion is necessary regarding when such a "transition plan" would be required, what should be contained within such a plan, and how the plan would be used and enforced by the City. Again, however, while such a plan would provide information to the Council and the residents, it would not prevent a Landlord from exercising its legal rights, including those of eviction, a decision not to renew existing leases or a negotiation with the tenants to buy out leases or relocate tenants nor could a site plan be denied if the required information was provided. Again, it would be important to make it clear what the purpose of the site plan review is and is not in order to avoid creating expectations by tenants and the public that Council does not have the ability to fulfill. DISCUSSION #2 There are a number of potential regulatory strategies for addressing the displacement of low- income persons from affordable housing. For example, one recommendation of the Johnson County Affordable Homes Coalition is that the City require developers who are renovating and/or demolishing rental units to provide relocation assistance to low and moderate income 5 residents who are being displaced, citing the City of Seattle Tenant Relocation Assistance Ordinance. For another example, the City of San Francisco has a Residential Rent Stabilization Ordinance (San Francisco Administrative. Code Chapter 37) which, among other things, places limits on the amount of rent that can be charged by a landlord and the reasons for evicting a tenant, establishes a Rent Board that conducts rental arbitration hearings, mediations and investigatory hearings on claims of wrongful eviction, and a Just Cause for Eviction ordinance (San Francisco Administrative Code Section 37.9) that requires landlords to provide relocation benefits for no fault evictions/lease nonrenewal. Oakland too has a rent control ordinance (Oakland Municipal Code, Sections 8.22.010-.190) and just cause for eviction ordinance (Oakland Municipal Code Sections 8.22.300-.390).' See also the report entitled "Development without Displacement: Resisting Gentrification in the Bay Area" written by Causa Justa :: Just Cause, which can be found on line at http•//www pjic orgLpublications/reports. , While the term "home rule" is often used generically, in reality cities in the United States have radically different powers depending on the state in which they are located as it is a state's law, whether that be the state constitution, legislation, case law or a combination, that defines the parameters of home rule for the cities in that state. For example, San Francisco and Oakland are both "Charter Cities" under California law. A Charter City has "supreme authority" over "municipal affairs". A charter city's law concerning a municipal affair will trump a state law governing the same topic. Cal. Const. art. XI, Section5(a); See http://www.eacities.org/Resources/Charter-Cities. Charter Cities set their own procedures for adoption of ordinances and resolutions, have the power to tax, and can set penalties as long as those do not exceed any limits in the City Charter, rather than being limited by State law. Seattle is a "City of the First Class" in Washington State, which is granted many specific powers, including the power to tax and the power to set fines for nuisances. Rev. Code Wash. Sections 35.22.280 (2) and (30). In addition, the Washington legislature specifically authorizes any city to require property owners to provide a portion of the defined relocation assistance with the remainder to be paid by the City. Rev. Code Wash. Section 59.18.440. Seattle's Tenant Relocation Assistance Act was enacted pursuant to this State provision. Some cities also have Real Estate Transfer Taxes ("RETTs). For example, Aspen Colorado imposed a RETT prior to the amendment to the State's constitution to prohibit cities from imposing such taxes. RETTs have been suggested as a tool to discourage speculation and flipping of property after minimal investment, maintain neighborhood affordability and provide funds for affordable housing, relocation assistance and other displacement prevention activities. (Development without Displacement: Resisting Gentrification in the Bay Area at p. 82) In Iowa, a real estate transfer tax is imposed by the State and the revenue goes to the State. In contrast to states that have given broad power to their municipalities, in Iowa City we operate under a relatively restrictive home rule scheme with the following parameters: 1 In 1995 the California legislature passed a law known as Costa -Hawkins Rental Housing that establishes the parameters of local rent control ordinances and requires that housing constructed after 1995 be exempt from local rent control. P 1. City law is trumped by State law, even on "municipal affairs". Iowa cities were granted home rule by constitutional amendment in 1968. The Iowa Constitution grants cities the "home rule power and authority, not inconsistent with the laws of the general assembly, to determine their local affairs and government...." Iowa Const. Article III, § 38A. 2. Iowa's statutory home rule provision is one of only eight states with the "private law exception" to Home Rule: "the grant of home rule powers does not include the power to enact private or civil law governing civil relationships, except as incident to an independent city power." Iowa Code Section 364.1. 3. Iowa has adopted the Uniform Residential Landlord Tenant Act (IURLTA) and the Manufactured Home Communities or Mobile Home Parks Residential landlord and Tenant Act (Iowa Code Chapters 562A and 562B) which detail the rights and obligations of tenants and landlords in Iowa. 4. The Iowa legislature has prohibited cities from "adopting or enforcing any ordinance imposing any limitation on the amount of rent that can be charged for leasing private residential or commercial property." Iowa Code Section 364.3(9). 5. Iowa cities may not levy a tax unless it is specifically authorized by state law. Iowa Const. Art. III Section 38A; Iowa Code Section 364.3(4). The Iowa Supreme Court has distinguished taxes from allowable fees as follows: A tax is a charge to pay the cost of government without regard to special benefits conferred. In other words, taxes are for the primary purpose of raising revenue. A city may charge a fee to cover its administrative expenses in exercising its police power. Thus, the reasonable cost of inspecting, licensing, supervising, or otherwise regulating an activity may be imposed on those engaging in the activity in the form of a license fee, permit fee, or franchise fee. In addition, a municipality may charge a citizen when it provides a service to that citizen. Benefits accruing to the public at large may not be assessed against individual persons or properties. Home Builders V. City of West Des Moines 644 N.W.2d 339, 349 (Iowa 2002) (internal citations omitted) (invalidating West Des Moines' ordinance imposing a park impact fee that was not in -lieu of land dedication and was not required to be used in the neighborhood from which it was exacted on the grounds that the park fee was a tax because it was a charge to pay the cost of government without regard to special benefits conferred on the payers). The Court rejected as unpersuasive the case law in other states upholding similar impact fees finding that in those cases the state legislature had either "adopted an enabling statute permitting local government to charge impact fees, or the taxing power of local government was not as severely circumscribed under state law as it is in Iowa." Id. at 350. 6. Iowa cities may not provide a civil penalty for municipal infractions/nuisances in excess of $750.00 or $1,000 for subsequent offenses (Iowa Code §364.3(6)) and cannot create criminal 7 penalties with the exception of simple -misdemeanors for which the fine may not exceed $625.00. Iowa Code § 364.3(2). Given this home rule framework the City has limited options to directly regulate the relationship between tenants and landlords. The best sources of regulation can be found in the Council's zoning power and authority over health and safety matters related to housing conditions. As you know, your zoning authority is very broad. When a rezoning that would eliminate low income housing is requested the Council has the authority, after the required public process, to deny the rezoning or impose conditions on the rezoning that would ameliorate the impacts on low-income residents. Such would be the case if a comprehensive plan amendment and rezoning was requested to change the use of the Forest View land from residential to another zoning classification. Such was not and is not the case at Rose Oaks because a site plan is not a rezoning. Similarly, the City may regulate the housing conditions of tenants and enforce those regulations because of its power to enact and enforce a building code. In Lewis v. Jaeger, 818 N.W.2d 165 (Iowa 2012) the Iowa Supreme Court rejected a claim that Dubuque's emergency order requiring the landlord to lock out a tenant who repeatedly left the gas stove on and the water running posing an immediate danger to health and safety of the tenants was preempted by the IURLTA. In doing so the Court examined the interaction of the IURLTA and Section 364.17 of the Iowa Code that requires cities to enact and enforce housing codes. The Iowa Supreme Court described the relationship between the City's police power over health and safety matters related to housing and landlord/tenant law as "symbiotic" rather than "antagonistic". Id. at 178-79. The Court reasoned that even though the IURLTA alone would not authorize the landlord to take unilateral action to evict the tenant, Dubuque had the authority to take action to correct or abate an emergency that requires immediate attention even if it has the derivative effect of displacing a tenant. Id. In response to the argument that the IURLTA provided an exclusive remedy for eviction of a tenant the Court concluded that the emergency order authorized by the Dubuque housing code did "not involve legal remedies between landlords and tenants, but instead is part of Dubuque's housing code enforcement scheme." Id. at 180. The City's Housing Code is enforced primarily with notices of violations and municipal infractions if the problem is not addressed. In addition to municipal infractions the Iowa Code specifically allows the following enforcement mechanisms: (5) An escrow system for the deposit of rent which will be applied to the costs of correcting violations. (8) Authority by ordinance to provide that no rent shall be recoverable by the owner or lessee of any dwelling which does not comply with the housing code adopted by the city until such time as the dwelling does comply with the housing code adopted by the city. Iowa Code Sections 364.17(5) and (8). 13 Many years ago the City had a provision that allowed for rent escrow if the dwelling unit was not compliant after the expiration of the notice of violation. I am told by the Director of Neighborhood and Development Services (NDS) that it was cumbersome, administratively time- consuming and rarely used and that the municipal infraction, which was authorized by the Iowa Code in 1986, has resulted in a high compliance rate. Iowa City has not used rent abatement as an enforcement tool. I have spoken to the Director of NDS about this tool. Because the department's current enforcement results in substantial compliance, Director Boothroy notes that it would not be used often and suggests that if Council is interested in pursuing this tool it be explored as a remedy when an emergency order is necessary to protect the health/safety of the occupants. Section 17-5-9 of the City Code allows emergency orders as follows: Whenever the inspector, in the enforcement of the housing code, finds that a condition exists which requires immediate action to protect the health or safety of the occupants and/or the general public, the inspector may, without notice or hearing, issue an order reciting the existence of such a condition and requiring that action be taken such as the inspector deems necessary to abate the condition. If necessary, the director may order that the premises be vacated forthwith, and said premises shall not be reoccupied until the order to make repairs has been complied with. Notwithstanding other provisions of the housing code, such order shall be effective immediately or in the time and manner prescribed by the order itself. While emergency orders are used rarely, rent abatement could serve as an incentive to landlords when immediate action is required and a vacation order is not necessary to protect the health and safety of the occupants. This would be consistent with the building code provision of the state code that requires enforcement procedures to "be designed to improve housing conditions rather than to displace persons from their homes." Iowa Code Section 364.17(3)(b) and with the IURLTA which requires the Landlord to comply with all aspects of the building code that materially affect health and safety and allow the Landlord's failure to do so as a defense in a Landlord's action for possession/eviction I have shared the conclusions in this memo with the City Manager and NDS staff and understand they will be providing a recommendation on whether to pursue these possible strategies at your work session on June 21 when staff presents the preliminary affordable housing action plan. Cc: Geoff Fmin, Interim City Manager Doug Boothroy, Director Neighborhood and Development Services John Yapp, Coordinator of Development Services Tracy Hightshoe, Coordinator Neighborhood Services Sue Dulek, First Assistant City Attorney Sara Greenwood Hektoen, Assistant City Attorney C L T II OF E O v V A ClTryoq- 0517 COUNCIL ACTIO! REPO" September 5, 2017 Ordinance amending Title 18, Site Plan Review, to require notification to occupants and an occupant transition plan for any additions or alterations to a residential development with more than 12 residential units Prepared By: John Yapp, Development Services Coordinator Reviewed By: Doug Boothroy, Director, Neighborhood and Development Services Sara Hektoen, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: The Comprehensive Plan was recently amended to support mitigating the impact of redevelopment on occupants by fostering communication between property owners and occupants. This ordinance will formalize requirements for occupant notification and an occupant transition plan for redevelopment or alterations associated with major site plans (residential projects more than 12 units in size). Background / Analysis: The Comprehensive Plan was recently amended to add a goal to "mitigate the impact of redevelopment on occupants of proposed projects involving the remodeling or reconstruction of existing multi -family residential dwellings by fostering communication between property owners and occupants through sufficient notice requirements, and encouraging the developer to create thoughtful transition plans that seek to accommodate the relocation needs of current occupants." The intent of this goal is to ensure occupants have timely and adequate information related to the impact of construction on their dwelling units, and to provide a public forum to review occupant transition plans. This ordinance affects major site plans (more than 12 units in size), particularly those which are not associated with a rezoning process. For projects which are associated with a rezoning process, the occupant transition plan may be required as part of a conditional zoning agreement. The proposed ordinance has the following essential elements: • Within 24 hours of submitting an application for major site plan approval, the applicant shall mail written notice to all current occupants of a development informing them of the application and intention to develop on the site, the anticipated construction timeline, and project phasing. • The applicant shall submit an occupant transition plan if there are any occupants on the site the date the application is submitted. The plan must include the current number of occupant transition plan car gf.docx 11 t 1 CETY OF IOWA CITY COUNCIL ACTION REPORT occupants, a general description of current contractual obligations, when any leasehold interest expires, and a construction timeline and phasing plan. When occupant transition plans are required, the major site plan shall not be approved until the City Council considers and approves said occupant transition plan. In approving the occupant transition plan, the City Council may impose conditions to address the impact of redevelopment on occupants of the property (such as certain timeframes), but may not prevent either the landlord or the tenant from exercising their rights under and lease and/or Iowa law, such as a decision not to renew leases, eviction for cause, and may not alter the terms of the lease/right of possession by imposing requirements that relocation benefits or other assistance be provided. The focus on major site plans (more than 12 residential units) is due to these larger projects having more of a potential impact on area human service agencies, the rental market, and requests for relocation assistance. Small remodeling and redevelopment site plan/projects, which have not raised the same level of concern or impacts, would continue to be reviewed as they have been without the requirement for occupant transition plans. This ordinance fulfills one of the goals of the Affordable Housing Action Plan to require Council approval of major site plans when 12 or more households will be displaced and there is no accompanying rezoning, and to require transition plans to better inform residents and the general public. occupant transition plan car gf.docx