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HomeMy WebLinkAbout2008-12-02 Ordinance6~ Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO AMEND THE DEFINITION OF "HOUSEHOLD" TO REDUCE THE NUMBER OF UNRELATED PERSONS ALLOWED TO RESIDE IN ONE DWELLING UNIT FROM FIVE(5) UNRELATED PERSONS TO THREE (3) UNRELATED PERSONS IN THE COMMUNITY COMMERCIAL (CC-2), CENTRAL BUSINESS SERVICE (CB-2), CENTRAL BUSINESS SUPPORT (CB-5) AND CENTRAL BUSINESS (CB-10) ZONES WHEREAS, the Central Business District and associated zoning districts is intended to be the high density, compact, pedestrian-oriented shopping, office, service and entertainment area in Iowa City and provide opportunities for a wide range of retail service, office and residential uses; and WHEREAS, the Community Commercial Zone is intended to provide for major business districts to provide a variety of retail goods and services for a significant segment of the total community population; and WHEREAS, the location of the University campus in close proximity to the downtown in combination with the current occupancy standards for residential uses create an incentive to develop or redevelop property in a manner intended primarily for residential apartments for short term residents, primarily university undergraduate students, with less emphasis on providing quality commercial space or residential dwellings for long term residents; and WHEREAS, there is a desire to maintain and support a market for a wide variety of businesses and residents in the downtown to ensure the long term economic health of the downtown; and WHEREAS, it is common practice to control maximum occupancy within residential dwellings to prevent overcrowding, to control parking and traffic congestion, and to maintain a certain character within an area; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amending Article 14-9A, General Definitions, by deleting the definition of "Household" and substituting in lieu thereof the following definition: HOUSEHOLD: In the ID, RR-1, RS Zones, RNS-12, RM-12, MU, CN-1, CC-2, CB-2, CB-5, and CB-10 Zones a Household is defined as: • One person; or • 2 or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 1 unrelated person, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 3 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. In the RNS-20, CO-1, and RM-20 Zones a Household is defined as: • One person; or • Two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 2 unrelated persons, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 4 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. In the RM-44 and PRM Zones a Household is defined as: Ordinance No. Page 2 • One person; or • Two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 3 unrelated persons, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 5 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. B. Deleting subsection 14-4E-9C, and substituting in lieu thereof: C. The maximum occupancy, as determined by the Building Official based on the applicable regulations effective November 3, 2008, will be applied to: 1) any development activity associated with establishing or constructing a residential use for which a valid permit was issued, if substantial part of the permitted development activity has begun on or prior to November 3, 2008; or, 2) any residential use for which a valid rental permit was issued prior to (insert effective date of this ordinance), the effective date of the current maximum occupancy regulations. For such uses, legal nonconforming rights will be granted for this maximum occupancy. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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. Passed and approved this day of , 20 MAYOR Approved by ATTEST: w ~~- ~"i ~`~=~"~~~' CITY CLERK City Attorney's Office ~ ~ /~ ~ ~~ ~ Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 11 / 18 / 2008 VOtefOrpaSSage: AYES: Hayek, Wright, Bailey, Correia. NAYS: Champion, O'Donnell. ABSENT: Wilburn. Second Consideration 12 / 2 / 2008 Vote for passage: AYES: Champion, Correia, Hayek, Wilburn, Wright, Bailey. NAYS: O'Donnell. ABSENT: None. Date published ~f~ HOLLAND & ANDERSON LLP 123 N. Linn St., Suite 300 P.O. Box 2820 Iowa City, IA 52244-2820 Phone: (319) 354-0331 Fax: (319) 354-0559 November 26, 2008 Mayor and City Council RE: CB-10 Zoning Amendments Dear Mayor and Council Members: C. Joseph Holland j holland@ is ialaw. com Lars G. Anderson lnderson@icialaw. com Tarek A. Khowassah tkhowassah@icialaw. com When I spoke at the Public Hearing on November 18~' I could not say all I wanted within the five minutes. I want to elaborate upon a few of my comments, and proposed a solution to the dilemma these Amendments present for downtown property owners. I would have sent this in time to get into the Council packet, but we have had some further discussions with City staff, as late as yesterday. I want to preface my remarks by again acknowledging that my client, the Clark family, has no opposition to implementation of the density and parking amendments in the future. The dilemma they are in relates to property they have acquired with the intent of building in the CB-10 zone in the near future. For many years the City, including the Planning Department, maintained a steadfast attitude that parking would not be allowed in the CB-10 zone, much less required, and that the number of bedrooms per unit would not be limited by the City, but controlled by the market. My clients acted in good faith in reliance upon those years of representations by the City, without knowledge of the proposed Amendments. The Clarks had two or three projects in mind downtown. One of those was nearly ready to start when they became aware of the proposed Amendments. As mentioned in the Public Hearing on the 18`", they acquired the property at 328 E. Washington for a purchase price in excess of $1,000,000.00. There are additional costs in acquisition of that land in dealing with existing tenants in the building. They have also expended a significant sum of money in generating site plans and construction drawings for the project. What is planned is a building with 16 four bedroom apartments. This particular site is not amenable to on-site parking. The lot slopes downhill to the east and downhill to the south. A few spaces can be provided on the north side, however, the topography of the lot is not suitable to any significant on-site parking. The solution I propose is to include in the Amendments a delayed effective date. If the effective date of the reduced density and on-site parking requirements is delayed until December 31, 2009 only for property in the CB-10 zone, that would allow the Washington Street project to proceed. They will likely have to abandon other projects which simply cannot commence within the next year. I am not aware of any other projects pending, nor available sites in the CB-10 zone, other than the projects that Marc Moen mentioned at the Public Hearing, and the former Happy Joe's site on Gilbert Street. I also do not know if any of those projects could proceed in the next one year. I think this is a good compromise which protects the City's interest in reducing density going forward and establishing whatever parking requirements the City may deem appropriate. It also protects my clients' substantial investment in the Washington Street property in reliance on current and prior City rules, as well as all the effort to which they have gone to design that project. The Clarks have contributed some very attractive buildings to downtown Iowa City and I would expect that this building would be equally attractive. The redevelopment of this site would also add significantly to the downtown property tax base. What is proposed is not anything close to the maximum development allowable under the current CB-10 standards, but a fairly small scale project. We are not asking that these Amendments be stopped, only that they be delayed for what is a relatively modest amount of time. The Clark properties are a locally owned and locally operated business, with family members out on the properties on a daily basis. We are asking only that you protect for the next year the reliance the Clarks placed upon the City's prior positions on these items and the current zoning standards. I hope you will give favorable consideration to delaying the effective date of whatever Amendments are adopted. CJH: Very truly yours, C. ,Joseph olland i ^~ ~ Prepared by: Marian Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. 08-4322 AN ORDINANCE AMENDING TITLE 5, "BUSINESS AND LICENSE REGUALTIONS," CHAPTER 2, "TAXICABS," IN SECTION 5-2-4, "VEHICLE INSPECTION REQUIRED," SUBSECTION A AND 1(a) OF THE CITY CODE TO CLARIFY CURRENT REQUIREMENTS, TO INCREASE SAFETY, AND TO REQUIRE ANNUAL INSPECTIONS. WHEREAS, in November 2006 the City Council passed ORD. 06-4243 which established new regulations for "Taxicabs"; and WHEREAS, in November 2007 the City Council passed ORD. 07-4292 requesting a one year review of those regulations; and WHEREAS, City staff recommends certain changes in the taxicab provisions of the City Code to clarify existing requirements, to increase safety, and to require only annual inspections; and WHEREAS, it is in the City's interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS ~~ 1. Title 5, entitled "Business and License Regulations,' Chapter 2, entitled Taxicabs," is hereby amended by repealing the following sections and subsections in their entirety and replacing them with the following: 5-2-4, Vehicle Inspection Required, section A: Each applicant for issuance renewal of a taxicab decal shall submit, with the application, a certificate of inspection issued by the city equipment superintendent or designee. Such certificate shall be valid for 45 days from the inspection. Each vehicle governed by this chapter shall be subject to an annual inspection. All inspections shall consist of the following: 5-2-4, Vehicle Inspection Required, Subsection A1: All taxicabs shall be inspected for compliance with the requirements of this chapter, excluding pedicabs and horsedrawn vehicles, as follows: 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 2nd day of December4_, 2008. Attest: K. Karr, City Clerk Appro by City Attorney's office W PDATA/C LERK/taxi20080 RD. doc Ordinance No. 08-4322 Page ~_ It was moved by Wilburn and seconded by Wight that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Correia x Hayek _~ O'Donnell x Wilburn x Wright First Consideration 1 1 ~] R/~OOA Vote for passage: AYES: O'Donnell, Wright, Bailey, Champion, Correia, Hayek.. NAYS: None. ABSENT: Wilburn. Second Consideration --------------- Vote for passage: Date published 12/10/2008 Moved by Wilburn, seconded by Champion, that the rule requirin ordinances to be considered and voted on for passage at two Countil meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None.