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HomeMy WebLinkAbout2009-06-16 Public hearing NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 16th day of June, 2009, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: An ordinance amending Title 14, Zoning, adding a Business Services Land Use Category, modifying the street width standards for Institutional Uses in Residential Zones, and clarifying applicable regulations to and allow Minor Modifications to Site Development Standards in the Public Zone. Copies of the proposed ordinances and resolutions are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK City of Iowa City MEMORANDUM Date: May 15, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Zoning Code clean-up amendments There are a number of small provisions in the zoning code that have not been working as intended or that have proved to be less flexible than intended when originally adopted. Over the next several months, we will be including small groups of these "clean up" zoning code amendments on your meeting agendas, in order to correct or clarify provisions that have proved problematic. For your meeting on May 21, staff recommends that you consider the following amendments to the zoning code: For institutional uses located in residential zones, such as daycare centers, schools, and churches, there is a provision in the code that requires that these uses have access to streets that are greater than 28 feet in width. This is a simplification of previous code language that required access from a collector, arterial, or street with pavement width greater than 28 feet. However, what was not considered when this language was simplified was that some collector and arterial streets are narrower than 28 feet, so by simplifying the language we have caused some existing institutions to become nonconforming, which prevents them from making changes to their site, constructing additions, or even adding storage sheds and garages. To clean this up and make it more flexible, we suggest adding back the words, "collector and arterial streets" and also providing an allowance for consideration of reasonable expansions for institutions located on narrower streets, where the proposed expansion will not create traffic problems for the neighborhood. Staff recommends adding language to the office use category to make it clear that "business service" uses are included in the general office category. Currently, it is not clear how some of these uses would be classified. You will note that we have added some examples to the office use category and deleted some examples from both the personal service-oriented retail category and the light manufacturing category, to make it clear how business service-type uses will be classified. Given that these uses tend to function in manner similar to office uses, it makes sense to include them in the same category and regulate them in the same fashion. The intent of the Public Zones is not necessarily to exempt public uses from zoning standards, rather it is to give notice to surrounding property owners that the land is publicly owned and will be used for public purposes. There was an assumption when these regulations were written that public entitites would develop land in a manner that was in general compliance with the standards adopted and expected in the community. However, in practice, by only listing some standards that apply in the zone, we have created confusion for contractors hired to complete projects for public entities. It makes sense for public entities to meet the same site development standards as private property owners unless there is a greater public purpose, such as public safety considerations that require more flexibility. June 9, 2009 Page 2 Therefore, to prevent confusion and inconsistent application of development standards, staff recommends that we reference and apply standards from the accessory use article, construction standards for parking areas, and screening and street tree requirements. In addition, we suggest allowing minor modifications to these site development standards to provide flexibility for unusual circumstances, similar to what we have done in other zones. The following pages show the proposed changes to the zoning code language. New language is underlined and language to be deleted is shown with astrike-through notation. In paragraph 14-48-4D-6, Daycare Uses, amend subparagraph c., Vehicular Access, as follows: c. Vehicular Access In Single Family Residential Zones, a daycare center that provides care for more than 16 persons must have direst vehicular access to a collector street, arterial street, or street with paving wider than 28 feet. For expansions of existing uses that are nonconforming with this provision access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion If the proposed expansion will cause an increase in the amount of traffic a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan This plan must be reviewed by the City's traffic engineering planner and approved by the City. In paragraph 14-4B-4D-8, General Educational Facilities in the RR-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 zones, amend subparagraph a., as follows: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion If the proposed expansion will cause an increase m the amount of traffic a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan This plan must be reviewed by the City's traffic engineering planner and approved by the City. In paragraph 14-48-4D-9, General Educational Facilities in the RS-5, RS-8, RS-12, and RNS-12 Zones, amend subparagraph a., as follows: Vehicular access to the proposed use is limited to collector streets. arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion If the proposed expansion will cause an increase in the amount of traffic a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan This plan must be reviewed by the City's traffic engineering planner and approved by the City. In paragraph 14-48-4D-13, Religious/Private Group Assembly in the ID-RM, ID-C, RR-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 Zones, amend subparagraph a., as follows: Vehicular access to the proposed use is limited to collector streets, arterial streets. or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision access to streets with avement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the protected traffic generated by the proposed expansion If the proposed expansion will cause an increase in the amount of traffic a plan must be submitted illustratina how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan This plan must be reviewed by the City's traffic engineering planner and approved by the City. In paragraph 14-48-4D-13, Religious/Private Group Assembly in the ID-RS, RS-5, RS-S, RS-12, and RNS-12 Zones, amend subparagraph a., as follows: Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion If the proposed expansion will cause an increase in the amount of traffic a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan This plan must be reviewed by the City's traffic engineering planner and approved by the City. Amend subsection 14-4A -4G, Office Uses, as follows: G. Office Uses 1. Characteristics Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services. 2. Examples Examples include uses from the two subgroups listed below: a. Genera/ Office: Professional offices, such as lawyers, accountants, engineers, architects, and real estate agents; financial businesses, such as mortgage lenders, brokerage houses, administrative and back office banking facilities; data processing; government offices; public utility offices; social service agency offices; television and radio studios; and business services such as advertising agencies consumer credit reporting aaencies collection aaencies mailing and copyina services, quick printing services building management services, detective aaencies computer services software development research and development consulting and public relations protective services, bondspersons drafting services auctioneer services, call centers. b. Medics//Dents/ Office: Medical and dental clinics; chiropractic clinics; medical and dental labs; blood-collection facilities; physical therapy clinics. Amend 14-4A-58, Manufacturing and Production Uses, as follows: B. Manufacturing and Production Uses 1. Characteristics Firms that are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi- finished and are generally made for the wholesale market, for transfer to other plants, or to order for businesses or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site. 2. Examples Examples include uses from the three subgroups listed below: a. Technica//Light Manufacturing: Firms engaged in the manufacturing, development, processing, fabricating, packaging or assembling of electronic components; electrotherapeutic, electromedical and x-ray apparatus; engineering, scientific and research laboratory equipment; measuring and controlling instruments; office, computing and accounting machines; ;optical instruments and lenses; pharmaceuticals; photographic equipment and supplies; photofinishing laboratories; ; b. Genera/ Manufacturing. Manufacturing, compounding, assembling or treatment of most articles, materials, or merchandise. This subgroup excludes those manufacturing firms listed as examples under Heavy Manufacturing and also excludes those manufacturing uses that are expressly prohibited in Iowa City. For example, this subgroup includes the manufacture of most chemicals and allied products and the manufacture of most food and kindred products, except those listed under the Heavy Manufacturing subgroup. c. Heavy Manufacturing. Manufacturing firms not included in the manufacturing categories above because they may have significant external effects (excessive odor, fumes, smoke, dust, hazardous waste) on adjacent less intense commercial or industrial uses. Included in this category are uses such as concrete batch/mix plants; asphalt mixing plants; meat packing plants; sawmills and planing mills; wet corn milling; manufacture of animal feeds; and paper and paperboard mills. Amend 14-4A-4H., Retail Uses, as follows: H. Retail Uses 1. Characteristics Establishments involved in the sale, lease, or rent of new or used products to the general public for personal or household consumption and establishments involved in the sale of personal services, hospitality services, or product repair services to the general public. 2. Examples Examples include uses from the five subgroups listed below: a. Sa/es-oriented: Stores selling, leasing, or renting consumer, home, and business goods, including, but not limited to, antiques, appliances, art, art supplies, bicycles, carpeting, clothing, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery, videos. Also includes retail establishments that have a cottage industry component, such as bakeries, confectioneries, upholsterer, artist/artisan's studios, and similar. b. Persona/ Service-Oriented`. Establishments engaged in providing retail services and services related to the care of a person or a person's apparel, such as retail banking establishments, laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, ,beauty salons, tanning salons, therapeutic massage establishments, taxidermists, mortuaries, funeral homes, and crematoriums. c. Repair-Oriented`: Repair of consumer goods, such as electronics, bicycles, office equipment; appliances. d. Hospita/ity-Oriented`. Hotels; motels; convention centers; guesthouses; commercial meeting halls/event facilities. e. Outdoor Storage and Disp/ay-Oriented: Uses that typically include large areas of outdoor storage or display, such as lumber yards; sales or leasing of consumer vehicles, including passenger vehicles, light and medium trucks, and recreational vehicles; sales of landscaping materials and nursery products to the general public; farm supply and implement sales; equipment or vehicle rental businesses. Amend Section 14-2F-3, General Provisions (in Public Zones) as follows: ~ ~ All principal and accessory uses allowed in the Public Zone, whether allowed as a permitted, provisional or special exception use, are subject to certain Use Regulations and Site Development Standards contained in Chapters 3, 4 and 5 of this Title. Said Chapters are indicated as follows: A. Overlay Zones 1. Historic District and Conservation District Overlay See Article 14-36. 2. Design Review See Article 14-3C. B. Use Regulations i. Minor Modifications, Variances, Special Exceptions and Provisional Uses See Article 14-4B. 2. Accessory Uses and Buildin4s See Article 14-4C 3. Nonconforming Situations See Article 14-4E. C. Site Development Standards 1. Off-Street Parking and Loading Standards Sections 14-5A-5 Construction and Design Standards are applicable to uses within the Public Zone. 2. Sign Regulations Sections 14-5B-3 and 14-5B-4 are applicable to uses within the Public Zone. 3. Access Management Standards See Article 14-5C. 4. Intersection Visibility Standards See Article 14-5D. 5. Landscaaing and Tree Standards See Article 14-5E. 6. Screenin4 and Buffering Standards See Article 14-5F. 7. Outdoor Lighting Standards See Article 14-5G, except that uses in the Public Zone are exempt from the Total Outdoor Light Output Standards contained in Section 5 of this Article. 8. Performance Standards See Article 14-5H. 9. Sensitive Lands and Features See Article 14-5I. 10. Flood Plain Management Standards See Article 14-5J. PAGE 21 14-2D Industrial and Research Zones Add a subsection E to Section 14-2F-5, Public Zone Site Development Standards, as follows: E. Minor Modifications to Site Development Standards A minor modification to adjust specific provisions of this section may be requested in either of the qualifying situations listed in the paragraphs below. Such requests will be reviewed by the Director of Planning and Community Development and the Building Official according to the procedures for Minor Modifications as set forth in Article 14-8B and must meet the following approval criteria. The following approval criteria are to be applied in lieu of the general approval criteria listed in Section 14- 46-1, Minor Modifications. 1. Oualifvina Situation: The configuration of the lot or other existing physical condition of the lot makes the application of a specific standard impractical. In such a case, the applicant must demonstrate that the following approval criteria are met: a. The applicant must provide evidence that the configuration of the lot, the topography, or other physical characteristic of the property makes the application of a specific standard impractical. Examples of situations that may qualify include double-fronting lots, triangular shaped lots, and steely sloping lots. b. The applicant must demonstrate that the proposed alternative design is not contrary to the intent of the site development standards. c. The applicant must propose an alternative site or building design that best meets the intent of the specific standard being modified. d. The requested modification will not be detrimental to the public health, safety, or welfare or be injurious to other properly or improvements in the vicinity and in the zone in which the property is located. e. The requested modification does not allow a use or activity not otherwise expressly authorized by the regulations governing the subject property. f. The reauested modification complies with other applicable statutes. ordinances, laws and regulations. 2. Qualifying Situation: The proposed site or building is uniquely designed to fit the site and the surrounding area. In such a situation, the applicant must demonstrate that the following approval criteria are met: a. The applicant proposes an alternative design solution that equally or better meets the intent of the specific standard being modified. b. The proposed site and building design is uniquely designed to fit the characteristics of the site and the surrounding area such that it equally or better meets the purpose of the site development standards. PAGE 22 14-2D Industrial and Research Zones c. T_he reauested modification will not be detrimental to the public health safety or welfare or be incurious to other property or improvements m the vicinity and in the zone in which the property is located. d. The reauested modification does not allow a use or activity not otherwise expressly authorized by the regulations governing the subject property. e. The reauested modification complies with other applicable statutes, ordinances, laws and regulations. In Section 14-48-1, Minor Modifications, amend paragraph 14-48-1A-18, as follows: 18. Modifications to the site development standards contained in 14-2D-5, Industrial and Research Zone Site Development Standards, and 14-2F-5, Public Zone Site Development Standards, according to the alternate approval criteria set forth in that those sections, respectively. The Building Official must obtain approval from the Director of Planning and Community Development prior to granting any such modification. r NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, AND ESTIMATED COST FOR THE BURLINGTON STREET / US HWY 6 BRIDGES FLOOD REPAIR PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, and estimated cost for the construction of the Burlington Street / US Hwy 6 Bridges Flood Repair Project in said city at 7:00 p.m. on the 16th day of June, 2009, said meeting to be held in' the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, and estimated cost are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, AND ESTIMATED COST FOR THE RIVERSIDE DRIVE FLOOD REPAIR PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, and estimated cost for the construction of the Riverside Drive Flood Repair Project in said city at 7:00 p.m. on the 16th day of June, 2009, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, and estimated cost are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK ~0 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR CITY OF IOWA CITY/SHERATON HOTEL PEDESTRIAN WALKWAY IMPROVEMENT JOINT PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the City of Iowa City/Sheraton Hotel Pedestrian Walkway Improvement Joint Project in said City at 7:00 p.m. on the 16'h day of June, 2009, said meeting to be held in the Emma J. Harvat Hall in City Hall in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK pweng\nph\sheraton.doc