HomeMy WebLinkAbout2023-01-10 Public hearing I O,o`
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be
held by the City Council of Iowa City, Iowa, at
which time the Council will consider:
An ordinance amending Title 14, Zoning and
Title 15, Land Subdivisions of the Iowa City
Code to enhance land use regulations related
to solar energy systems and further climate
action goals. (REZ22-0011)
Said public hearing will be held at 6:00 p.m. on the
10th of January 2023, in Emma J. Harvat Hall at
City Hall, 410 E. Washington St., in said city, or if
said meeting is cancelled, at the next meeting of
the City Council thereafter as posted by the City
Clerk.
Copies of 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. Copies may
also be made available by telephoning the City
Clerk at 319-356-5043 or emailing kellie-
fruehling@iowa-city.org
r- Kirk Lehmann,Associate Planner
LLI
r�;
Prepared by: Kirk Lehmann,Associate Planner,410 E.Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
Ordinance amending Title 14, Zoning Code to enhance land use
regulations related to solar energy systems and further climate 2012
goals. (REZ22-0011 ).
City C!rrk
Whereas, the City of Iowa City's Accelerating Iowa City's Climate Actions Plan adopted in ApriIta
2020 includes goals to achieve a 45 percent reduction in carbon emissions by 2030 and net-zero
carbon emissions by 2050; and
Whereas, the plan recommends several actions that will help the City reach these goals such as
increasing on-site renewable energy systems, electrification, and increasing energy efficiency in
residences, businesses, and new buildings; and
Whereas, a Climate Action Commission working group further recommended that staff assess
the current zoning code for solar readiness and friendliness, review best practices, and develop
code updates to address any gaps that are found following the completion of the community-
sourced solar feasibility study in January 2022; and
Whereas, staff completed this analysis and identified several changes to the zoning ordinance
that will help address gaps, remove barriers, and further other climate action goals; and
Whereas, changes to the zoning ordinance will help improve its clarity related to the regulation of
solar energy systems and will remove potential regulatory barriers that may slow or hinder the
deployment of solar energy systems; and
Whereas, voluntary regulatory incentives such as density bonuses and parking reductions can
help off-set the costs of incorporating solar energy systems, building electrification, and higher
energy efficiency standards into their projects which will help increase their implementation; and
Whereas, the Planning and Zoning Commission recommended approval of the Title 14 Zoning
Code amendments at its meeting on December 7, 2022; 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. Iowa City Code Title 14 "Zoning Code" is hereby amended by deleting the strikethrough
text, adding the underlined text, and renumbering subsequent paragraphs accordingly:
14-2A-4C-lc "Single-Family Site Development Standards"
(9) Roof structures, including solar energv systems, elevator bulkheads,
stairways, ventilating fans, cooling towers, and similar necessary mechanical and
electrical appurtenances required to operate and maintain the building.
14-2A-7 "Special Provisions"
E. Sustainability Density Bonus. The minimum lot size or minimum lot area per unit
may be reduced by ten percent (10%) of the applicable requirement for each of the
following provisions that is met, up to a maximum of twenty-five percent(25%). This bonus
may be used in conjunction with Section 14-5A-4F-10 (Sustainability Parking Reduction).
1. A solar energy system is installed onsite where the size is equal to forty percent
(40%) of the surface area of the roofs of all buildings.
2. All uses within the development utilize electricity for one hundred percent(100%)
of their regular energy consumption after construction.
3. All buildings within the development are constructed to the most current edition
of the International Energy Conservation Code standards published by the International
Code Council.
OE 0 r 2022
14-2B-4C-1 d "Exemptions"
(9) Roof structures, including solar energy systems, elevator bulkheads,
stairways, ventilating fans, cooling towers, and similar necessary mechanical and
electrical appurtenances required to operate and maintain the building.
14-2B-8 "Special Provisions"
D. Sustainability Density Bonus. The minimum lot size or minimum lot area per unit
may be reduced by ten percent (10%) of the applicable requirement for each of the
following provisions that is met, up to a maximum of twenty-five percent(25%). This bonus
may be used in conjunction with Section 14-5A-4F-10 (Sustainability Parking Reduction).
a. A solar energy system is installed onsite where the size is equal to forty percent
(40%) of the surface area of the roofs of all buildings.
b. All uses within the development utilize electricity for one hundred percent(100%)
of their regular energy consumption after construction.
c. All buildings within the development are constructed to the most current edition
of the International Energy Conservation Code standards published by the International
Code Council.
14-2C-4C-1 c "Exemptions"
(10) Roof structures, including solar energy systems, elevator bulkheads,
stairways, ventilating fans, cooling towers and similar necessary mechanical and electrical
appurtenances required to operate and maintain the building.
14-2C-11 "Special Provisions"
E. Sustainability Density Bonus. The minimum lot size or minimum lot area per unit may
be reduced by ten percent (10%) of the applicable requirement for each of the following
provisions that is met, up to a maximum of twenty-five percent (25%). This bonus may be
used in conjunction with Section 14-5A-4F-10 (Sustainability Parking Reduction).
1. A solar energy system is installed onsite where the size is equal to forty percent
(40%) of the surface area of the roofs of all buildings.
2. All uses within the development utilize electricity for one hundred percent(100%)
of their regular energy consumption after construction.
3. All buildings within the development are constructed to the most current edition
of the International Energy Conservation Code standards published by the International
Code Council.
14-2D-4C-3 "Exemptions"
j. Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers and similar necessary mechanical and electrical
appurtenances required to operate and maintain the building.
14-2F-4B-2 "Exemptions"
i. Roof structures, including solar energy systems, elevator bulkheads, stairways,
ventilating fans, cooling towers and similar necessary mechanical and electrical
appurtenances required to operate and maintain the building.
DE: 0 6 2022
14-2H-2C-4a "Height", Footnote 3
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See Building Height
in Article 14-9A (General Definitions).
14-2H-2D-4a "Height", Footnote 3
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height
in article 14-9A (General Definitions).
14-2H-2E-4a "Height", Footnote 3
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height
in article 14-9A (General Definitions).
14-2H-2F-4a "Height", Footnote 3
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height
in article 14-9A (General Definitions).
14-2H-2G-4a "Height", Footnote 2
Typically measured from average finished grade along the frontage. Solar energy systems
shall not be included in the maximum building height measurement. See building height
in article 14-9A (General Definitions).
14-3A-4D "Maximum Residential Density"
1. The city will approve a residential density based on the underlying density allowed
in the base zone and what is compatible with the natural topography of the site and with
surrounding development. The residential density for a planned development may not
exceed the value specified in table 3A-1, located at the end of this subsection, except as
allowed by subsection 14-3A-4D-3. Actual residential density allowed, however, may be
less than the maximum expressed in the table due to the topographical constraints of the
property, the scale of the project relative to adjacent development, and the dimensional,
site development, and other requirements of this title.
2. For purposes of this article, "net land area" is defined as total land area minus
public and private street rights of way. When calculating net land area, the land area
devoted to alley and private rear lane rights of way need not be subtracted from the total
land area. (Ord. 05-4186, 12-15-2005)
3. Sustainability Density Bonus. The maximum residential density that is required by
Table 3A-1 may be increased by ten percent(10(Yo)of the applicable requirement for each
of the following provisions that is met, up to a maximum of twenty-five percent(25%). This
bonus may be used in conjunction with Section 14-5A-4F-10 (Sustainability Parking
Reduction).
a. A solar energy system is installed onsite where the size is equal to at least
forty percent (40%) of the surface area of the roofs of all buildings.
b. All uses within the development utilize electricity for one hundred percent
(100%) of their regular energy consumption after construction.
c. All buildings within the development are constructed to the most current edition
of the International Energy Conservation Code standards published by the International
Code Council.
14-4A-3A-3 "Accessory Uses" 0L; 0 r• nit
Accessory Uses: Private recreational uses; storage buildings; parking for residents'
vehicles. Home occupations, accessory dwelling units, childcare homes, mechanical
structures such as solar energy systems, and bed and breakfast facilities are accessory
uses that are subject to additional regulations outlined in article C, "Accessory Uses And
Buildings", of this chapter. Any accessory use of the property shall remain secondary to
the principal use of the property for residential living.
14-4A-3B-3 "Accessory Uses"
Accessory Uses: Recreational facilities; meeting rooms; associated offices; shared
amenity areas, shared kitchens and dining rooms, food preparation and dining facilities;
off-street parking for vehicles of the occupants and staff; storage facilities; mechanical
structures including solar energy systems; off-street loading areas.
14-4B-1A "Applicability"
24. For solar energy systems, modifications to the accessory mechanical structure
standards contained in Section 14-4C-2N and other accessory development standards
contained in Section 14-4C-3.
14-4C-2N "Mechanical Structures"
1. Screening:
a. All ground level mechanical and utility equipment, such as heat pumps, air
conditioners, emergency generators, electrical vehicle charging stations, and water
pumps, must be screened from public view to at least the S2 standard. (See chapter 5,
article F, "Screening And Buffering Standards", of this title.) If it is not feasible to use
landscape screening, the mechanical equipment must be screened using wall or fencing
materials complementary to the principal structure. Mechanical structures accessory to
sSingle-family uses and solar energy systems accessory to any uses are exempt from this
standard.
b. In all zones except I-1 and 1-2, rooftop mechanical equipment must be concealed
from public view by integrating equipment into the design of the building, screening
equipment behind building features, such as parapets, or by setting the equipment back
from the edge of the roof so that it is not visible from ground level. Solar energy systems
are exempt from this standard.
2. Setbacks:
a. Single-Family Residential Zones: Mechanical structures must be set back at
least two feet (2') from the side and rear lot lines. However, mechanical structures may
not be located between the principal dwelling and the street.
b. All Other Zones: Mechanical structures must be set back at least two feet (2')
from any lot line. Additional location standards may apply in certain zones or for certain
uses.
3. Minor Modifications for Solar Energy Systems: A minor modification for solar
energy systems may be requested according to chapter 4, article B of this title.
14-5A-4F "Alternatives To Minimum Parking Requirements"
9 ;; 0 2022
10. Sustainability Parking Reduction. The minimum parking requirement may be
reduced by ten percent (10%) where each of the following provisions is met, up to a
maximum reduction of twenty-five percent (25%). This reduction may be used in
conjunction with Sections 14-2A-7E, 14-2B-8D, 14-2C-11 E, and 14-3A-4D-3(Sustainability
Density Bonus).
a. A solar energy system is installed onsite where the size is equal to at least forty
percent (40%) of the surface area of the roofs of all buildings.
b. All uses within the development utilize electricity for one hundred percent (100%)
of their regular energy consumption after construction.
c. All buildings within the development are constructed to the most current edition
of the International Energy Conservation Code standards published by the International
Code Council.
14-9A-1 "Definitions"
BUILDING: Any structure with a roof and designed or intended to support, enclose, shelter
or protect persons, animals or property. Solar energy systems are not considered buildings.
MECHANICAL STRUCTURES.A mechanical structure is an accessory use which includes
any equipment that is powered by electricity, gas, or other similar method. This may include
plumbing, electrical, or other similar utility equipment that serves a property. Mechanical
structures may be located on the ground level, attached to a structure, or on the rooftop
level. Examples include, heat pumps, air conditioners, emergency generators, water
pumps, Electric Vehicle (EV) charging stations, and solar energy systems.
SOLAR ENERGY SYSTEM: A device, array of devices, or structural design feature, the
purpose of which is to provide for generation of electricity, the collection, storage and
distribution of solar energy. Rooftop solar energy systems are considered accessory
mechanical structures. Utility-scale ground-mounted solar energy systems are considered
a principal institutional use. See the definition for utility-scale ground-mounted solar energy
system for additional information.
SOLAR ENERGY SYSTEM, UTILITY-SCALE GROUND-MOUNTED SOLAR ENERGY
SYSTEM: A solar energy system that is structurally mounted on the ground and is not roof
mounted, and the system's footprint is at least 1 acre in size. Utility-scale ground-mounted
solar energy systems may be used for both on-site and off-site consumption of energy.
Ground-mounted energy systems with a footprint of less than 1 acre in size must be
accessory to another principal use as an accessory mechanical structure.
Section II. Iowa City Code Title 15, "Land Subdivisions", Chapter 3, "Design Standards and
Required Improvements", is hereby amended by adding the following underlined text:
Article 6 "Energy and Communications Distribution Systems"
D. In subdivisions approved after [effective date of this ordinancel, no restrictive
covenant shall be adopted or enforced against properties within said subdivision that
attempt to impose unreasonable restrictions on the use of solar collectors, as defined by
Iowa Code Chapter 564A.
Section III. 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 no 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 and approved this day of , 2023.
DE; 0 G 2022
Mayor City Clerk
Iowa City. low
Approved by
Attest:
City Clerk City Attorney's Office
II ,
Resolution of intent to consider
the proposed conveyance of a
private sanitary sewer easement
to Metro Pavers, Inc. adjacent to
Lot 1, Metro Pavers, 1st Addition,
and setting a public hearing
thereon for January 10, 2023.
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 its intention to convey private
sanitary sewer easement to Metro Pavers, Inc.
adjacent to Lot 1, Metro Pavers, 1st Addition.
Said public hearing is to be held at 7:00 p.m. on
January 10, 2023, in the Emma J. Harvat Hall in
the City 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.
Said resolution is 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 conveyance.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
Kellie K. Fruehling, City Clerk
) 1.
Prepared by: Sara Greenwood Hektoen, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240(319)356-
5030
Resolution No. NOV 0 7 2011
Resolution authorizing conveyance of a private sanitary sewer
easement to Metro Pavers, Inc. adjacent to Lot 1 , Metro Pavers, 1st
Addition.
Whereas, Metro Pavers, Inc. (Subdivider) desires to construct a building on its property legally
described as Lot 1, Metro Pavers, First Addition; and
Whereas, pursuant to Iowa City Code of Ordinances 16-3D-5, Subdivider is required to connect
the building to the proper public sanitary sewer; and
Whereas, the nearest point of connection to the public sanitary sewer system from the new
building is located on City-owned property immediately west of the western terminus of Southgate
Avenue, which is anticipated to be dedicated as public right-of-way; and
Whereas, connection to the public sewer system in this location is the most efficient connection
point, as it will avoid the need to remove and replace street pavement; and
Whereas, Metro Pavers, Inc. requested that the City convey a non-exclusive easement to it for the
purpose of connecting its building to the public sanitary sewer system in this location; and
Whereas, this location is anticipated to be dedicated as public right-of-way at such time as the
roadway is extended; and
Whereas, pursuant to Iowa City Code Section 16-3D-6F, the service line must be maintained at
Subdivider's expense; and
Whereas, on December 6, 2022, the City Council adopted a resolution declaring its intent to
consider this, authorizing the publication of public notice of the proposed conveyance, and setting
the date and time for public hearing; and
Whereas, following public hearing on the proposed conveyance, the City Council finds that the
conveyance of the subject property is in the public interest.
Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that:
1. The City Council does hereby authorize the Mayor and City Clerk, upon approval of the City
Attorney, to execute all documents necessary to convey a private sanitary sewer easement to
Metro Pavers, Inc. over and across that certain land adjacent Lot 1, Metro Pavers 1st
Addition shown on the attached plat, in the form of agreement approved by the City
Attorney, for$0.
2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the
conveyance as required by law.
Passed and approved this day of , 20 .
MAYOR
Approved by
ATTEST:
CITY CLERK City Attorney's Office
HLEI.
NOV 0 7 202Z
City Clerk
Iowa City, Iowa