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HomeMy WebLinkAbout1997-05-06 OrdinancePrepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 97-3781 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULA- TIONS OF APPROXIMATELY 3.74 ACRES OF PROPERTY LOCATED NORTHWEST OF MALL DRIVE FROM CC-2, COMMUNITY COMMER- CIAL TO I-1, GENERAL INDUSTRIAL. WHEREAS, the applicant, Oral-B Laboratories, has requested that the City rezone approxi- mately 3.74 acres of property located north- west of Mall Drive from CC-2, Community Commercial, to I-1 ,. General Industrial; and WHEREAS, Oral-B Laboratories currently owns this property, which was zoned to CC-2 in 1985 by a previous property owner; and WHEREAS, Oral-B Laboratories wishes to utilize this property for expansion of their parking lot and future expansion of their facili- ty; and WHEREAS, there are vacant CC-2 zoned lots across Mall Drive from this property, as well as other vacant CC-2 zoned lots in the immediate vicinity of this property, and the rezoning of this 3.74 acres from CC-2 to I-1 will not de- tract from the availability of commercially zoned land in this area; and WHEREAS, the Comprehensive Plan identifies the entire site owned by Oral-B, including the subject 3.74 acres, as appropriate for industrial development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property de- scribed below is hereby reclassified from its present classification of CC-2, Community Commercial, to I-1, General Industrial: Comme.ncing at a Standard Concrete Monument found at the Southeast Corner of the Southeast Quarter of Section 14, Township 79 North, Range 6 West of the Fifth Principal Meridian, Thence NO1 °38'40"W, along the East Line of said Southeast Quarter, of Section 14, 842.19 feet; Thence N63- °27'10"W, (An Assumed Bearing for purposes of this Description only) along the Southerly Right-of-Way Line of the Ordinance No. 97-3781 Page 2 Chicago, Rock Island, and Pacific Rail- road. 275.82 feet, to a ~/8-inch iron pin with cap stamped S.H.A. found, which is the Point of Beginning, Thence con- tinuing North 63°27'10" West 1362.- 66 feet along said Southerly Railroad Right-of-Way line to a point; Thence South 46°44'10" West 787.31 feet to a Point; Thence South 44°11 '20" East 150.00 feet to a point; Thence South 46°40'50" West 192.00 feet to a point of intersection with the North- easterly Right-of-Way Line of Lower Muscatine Road (formerly Wyoming Road); Thence South 44°11'20" East 596.07 feet along said Northeasterly Right-of-Way Line to a point; Thence North 67004'20" East 1533.09 feet to Point of Beginning; subject to ease- ments and restrictions of record, and containing 25.9 acres more or less. 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 this ordi- nance as provided by law. SECTION Ill. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of Ma.y ,19 97 ppdadmin\lowmusc,ord Ordinance No. 97-3781 Page 3 It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton Novick X _ X Thornberry X Vanderhoef VRnderhoef that the First Consideration 4/22/97' Vote for passage: AYES: Lehman, Norton, Novick, Thornberr.y, Vanderhoef, Baker, Kubb.y. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 5/14/97 Moved by Thornberry, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for passage at two Council meegings 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: Norton, Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman. NAYS: None. ABSENT: None. SH!¥E' ATTE. RY (319) 384-0227 (800) 7~8-0227 FAX: (319) 384-1778 Shive-Hsmseey, Inc. 800 First: SCeesc NW P.O. Box 1803 Cedar Rapids, IA 52406-1803 April 23, 1997 City Council Members c/o Marian Karr City of Iowa City City Clerk 410 East Washington Iowa City, IA 52240 RE: Oral-B Rezoning REZ97-0001 Dear Council Members: At the April 22, 1997, City Council meeting, by a vote of 7-0, the Council approved the first consideration of an ordinance amending the zoning chapter by changing the use regulations on a 3.74 acre tract located on Mall Drive from CC-2 to I-1. On behalf of our client, Oral-B Laboratories, we request the City Council expedite the approval process for final approval of REZ97-0001 at the next City Council meeting. Sincere?, Rick Berndt, PE RAB/hmt Copy: Joe Ayers, Oral-B Ron Farr, Oral-B 296648-0 Prepared by: Scott Kugler, clare Planner, 410 E. Washington St., City, IA 52240 (31 9) 356-5243 ORDINANCE NO. AMENDING TITLE -, CHAPTER 6, TITLED "ZONING," N, "OFF-STREET AND ," SECTION 1, "OFF- STREET PARKING REQUI " TO ALLOW AND SORORITY lOUSES TO CONVERTED TO ROOMING WIT HAVING TO PROVIDE WHEREAS, houses are im environment of Io' 20th century City, and contribute older Iowa City nei(. WHEREAS, it is encourage the fraternity and so~ WHEREAS, hi ~ternity and sorority ;lements of the urban are symbols of early development in Iowa the historic character of rhoods; and City's best interest to 'vation of historic and and sorority houses are simi. in ~re t~p rooming houses in terms of o¢ ar func:bi~n, and parking demand, and/c often be coh~.erted for use as rooming /houses without m~or structural alterations t¢ the buildings; and WHEREA/~, facilitating the conversion of historic fr/aternity and sorority h~ses to rooming l~ouses by waiving additional\0arking requirem~ents will help encourage% the preserveion and reuse of the historic bulldogs, and wi~4 have minimally noticeable impaction the suy'rounding neighborhoods. NO ¥, THEREFORE, BE IT ORDAINED BY~ THE ;ITY COUNCIL OF THE CITY OF IOWA IOWA: I. AMENDMENT. Title 14, Chapter 6. Article N, "Off-Street Parking and " Section 1, "Off-Street Parking ,uirements," subsection A, General Rules and Regulations, is hereby amended as ffollows: ~ a. Subsection 14-6N-1A4a is hereby /amended to read as follows: Ordinance No. Page 2 a. If subsection ~J of this section would require greater number of parking stackinc spaces for the converted than we~ required for the establi,, use, the creased number of park or stacking shall be provi in corn with subsection B this Section. b. Subsection 1 -6N-1A4 is Jed by adding new ection c. as fo c. In the ;e of a bulk that was constructed o or before 31, 1940, and an established fraternity or so converted for use as a house, additional parking or stacki~ aces as required in subsection A4a a ; may be waived by the Building Offk d, provided that the use is not ~d to provide more floor area, or led to provide more sleeping room higher occupancy than that in the established ~orority house. SECTION II. RE ordinances and parts of ordinar in the provi- sions of this Or are repealed. SECTION Ill. ~ny section, provision or of the shall be adjudged to invalid or }nal, such adjudicatio shall not affect the valk of the Ordinance a whole or any section, rovision or part not adjudged id or unconst ~tional. IV. EFFECTIVE DATE. This )rdi- nance be in effect after its final pas le, ap and publication, as provided by P~ and approved this CITY CLERK City '~ce ~dadmin\roomord.doc Prepared by: Scott Jgler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 9) 356-5243 ORDINANCE NO. A£ AMENDING TITLE 14, CHAPTER ENTITLED "ZONING," ARTICLE N, "OFF-STREET PARKING AND ~DING," SECTION 1, ENTITLED "OFF- "ET PARKING REQUIREMENTS," EXISTING FRATERNITY AN ITY HOUSES TO BE CONVERTED G HOUSES WITHOUT HAVING ADDITIONAL PARKING. historic fraternity and houses are )ortant elements of urban environment Iowa City, are symb of early 20th century ~wth and devele in Iowa City, and conl ~e to the historic of older Iowa City hborhoods; WHEREAS, it is the interest to encourage the of historic fraternity and sororit~ and WHEREAS, historic nity and sorority houses are similar in nal ,~ to rooming houses in terms of occupancy, nction, and parking demand, and can oft~ converted for use as rooming houses major structural alterations to the bL WHEREAS, fac conversion of historic and houses to rooming house,, waiving onal parking requirements help enc~ ~rage the preservation reuse of the buildings, and will ha minimally noticeable lpact on the surrou =hborhoods. NOW BE IT ;D BY THE Cf COUNCIL OF THE CITY CITY, SE( I. AMENDMENT. Title 14, )ter 6, Article N, "Off-Street g L¢ Section 1, "Off-Street IrKl~,g P/ uirements," subsection A, General RuleR ~r Regulations, is hereby amended as~ fo ~WS: ~ a. Subsection 14-6N-1A4a is hereby amended to read as follows: ~ a. If subsection 4J of this section would require a greater number of parking or Ordinance No. Page 2 stacking spaces for the converted use than were required for the established use, the increased number of parking or stacking spaces shall be provided in compliance with subsection B of this Section. 14-6N-1AZ~ is hereby amended ling new subsection c. as follows: In the case of a building that was ~structed on or before December 31 1 and that contains an or sorority being converted use a rooming house, addil or stacking spaces as re¢ in subsecl ~n A4a above may be w~ by the Buil~ ~g Official, provided the use is expanded to pr( more floor area more sleeping or a higher ~ancy than which existed in establish~ fraternity or sorority SECTION II. ordinances and parts of ordinances with the provi- sions of this Ordinance repealed. SECTION Ill. SEVERAI~ ~ITY. If any section, provision or part of Ordinance shall be adjudged to be invali~ ~constitutional, such adjudication shall n the validity of the Ordinance as awl section, provision or part thereo not adj ged invalid or unconstitutiona SECTION IV. 'E. This Ordi- nance shall in effect after final passage, approval ar as ed by law. Passed approved this CITY CLERK City ~/'-3 -~'Z~-- ppdadmin\roornord.doc Dear Council Members: We are writing to express our concerns regarding the proposed amendment to the zoning ordinance that would allow the conversion of certain existing fraternity and sorority houses to rooming houses without requiring the provision of sufficient parking. It is our understanding that the amendment has been proposed in connection with efforts to develop transitional housing for low income persons by converting a fraternity house on North Dubuque Street. We have been told the individual seeking to convert the property intends to modify the property from 16 units to 23 units. The proposed amendment would allow this conversion without consideration of the sufficiency of available parking. It may be that the proposed project will have no significant impact on parking and traffic in the neighborhood. It seems bad policy, however, to allow this project and other conversions to proceed without consideration of the issue. It would make more sense to have some sort of individualized consideration of the neighborhood impact of proposed conversions. As we understand it, this type of individualized consideration would not coeur under the proposed amendment. The proposed project is aimed at a significant need in our City, and we do not want to see artificial barriers constructed to thwart this kind of development. If a case can be made that the project will have no impact, then the project should proceed. The developer, however, should at least have to make the case. Sincerely, 715 N. Gilbert St. Iowa City, Iowa 52245 May 1, 1997 Iowa City Council Members 410 E Washington St Iowa City, IA 52240 Dear Council Members, MAY 0 5 1997 I understand at your next Council Meeting on May 6 you will be discussing and voting whether a fraternity house on Dubuque Street can be purchased and used as a rooming house. The issue at hand is the parking - is there enough room for the cars owned by the boarders. Most people at rooming houses do not own cars, so the concern about enough parking can be eased. I am working at St. Thomas More Parish, which has Fraternity Houses on all sides. Many of the boys who live them have a car and it can be a problem at times, but I see this as less of a problem with a rooming house. I would encourage all of you to vote YES to the purchase of this building by Theresa Kopatich. The conversion of a fratemity to a rooming house seems a very natural conversion of this property and more profitable for the city of Iowa City. It would save the building from lots of renovation or being tom down. I ask each of you to say YES to Theresa Kopatich purchasing this Fratemity House. Sincerely, Sister Margaret Kruse Johnson C~mnly Mental Health/Developmental Disabilities Services May 2, 1997 Mayor, Iowa City Council 410 E. Washington IOWA CITY IA 52240 NIAY 0 5 1997 j CiTY IVIANAOER'S OFFICE Dear Mayor, I am writing in support of the project Theresa Kopatich is undertaking to convert the fraternity at 716 N. Dubuque to a rooming house. This seems like an excellent use of this type of facility. I understand that the research done by the Planning and Zoning Department indicates that such rooming houses typically have fewer cars needing parking spaces than a typical fraternity house would have. So I hope that parking will not be an issue. As part of our planning process for persons with disabilities in Johnson County, we conducted an extensive needs assessment last fall. This study included 250 surveys returned by consumers and seven focus groups including family and advocates, providers, and funders. The number two ranked need in our study was for a broad range of affordable and supported housing. This rooming house project would go a long way toward meeting part of that need. I grew up on Ronalds Street, a block from this location. My parents and I would have welcomed this conversion since we would have preferred a house for low income persons to a fraternity. I encourage the City Council to reaffirm it's support for this project Cordially yours, Craig R. Mosher, Ph.D. Director 911 N. Governor Street · Iowa City, Iowa $2245-5941 Phone (319) 339-6t 69 x337 · FAX 337-2705 · Mobile 330-0784 · E mail Cmosher@dhs.state.ia.us Affiliated with Johnson County Social Services MAY 0 6 1997 C8T¥ iA ER'S OFF C;E 5 May 1997 Dear Council Members: We are writing to support the proposed ordinance that would. fa- cilitate the conversion of historic fraternity and sorority houses to rooming houses without increasing parking requirements. We also support the conversion of the fraternity house at 716 N. Dubuque to transitional housing. Of course it would be great if this house could be converted into a use that would only need two off- street parking places, but we know that is not likely to happen. What are the alternatives? Surely no one would advocate demol- ishing the house to make room for a ne~apartment building that. meets current parking regulations. The North Side has sacrificed too many houses, trees, front yards and back yards to accommodate cars and parking. In stating our position, we do not mean to dismiss the very real concerns about neighborhood parking. 'lhe problem is real, it is frustrating, and--with no parking on Dubuque St., Church St., and the 200 block of Brown St.--seemingly unsolvable. As we under- stand the intent of this ordinance, it won't improve the parking situation, but the intent is to not make it worse, either. Even though we sympathize with the reservations that have been voiced by many of our neighbors about this project and this ordinance~ we believe that the transitional housing proposal is a viable option for this particular house at this particular time. It is certainly preferable to the alternative--demolition. Paula and Lowell Brandt 824 N. Gilbert St. (H) 354-6948 (B) 335-56~8 We, the undersigned members of the Northside neighborhood community, urge the Iowa City Council to vote AGAINST the proposed amendment to the zoning ordinance which allows conversion of certain existing fraternity and sorority houses to rooming houses without requiring the provision of sufficient parking spaces for all roomers. We remind the Council that the current parking situation in the Northside, particularly in the area bounded by Dubuque, Church and Gilbert Streets is deplorable. Moreover, the traffic on Brown Street, especially between Dodge and Dubuque Streets is very high. This amendment does nothing to ameliorate those problems and has the potential to worsen the situation. We urge the Council to VOTE NO on the Amendment and to undertake a careful and thorough review of the current parking and traffic problems of the Northside with an eye to improvin~ both situations. We further urge Council to ' ' ' · vision of alternative uses for those sites. Finally, we urge the Council to offer Iowa City residents an opportu~y fo~ adequate input on any such amendment which would affect the va~O.~.s neighborhoods in Iowa City. Name Address .D -]4 We, the undersigned members of the Northside neighborhood community, urge the Iowa City Council to vote AGAINST the proposed amendment to the zoning ordinance which allows conversion of certain existing fraternity and sorority houses to rooming houses without requiring the provision of sufficient parking spaces for all roomers. We remind the Council that the current parking situation in the Northside, particularly in the area bounded by Dubuque, Church and Gilbert Streets is deplorable. Moreover, the traffic on Brown Street, especially between Dodge and Dubuque Streets is very high. This amendment does nothing to ameliorate those problems and has the potential to worsen the situation. We urge the Council to VOTE NO on the Amendment and to undertake a careful and thorough review of the current parking-and traffic problems of the Northside with an eye to improving both situations. We further urge the Council to study the impact of any conversion of fraternity and sororik~' ~ houses on the various neighborhoods in which they exist and to broa4~.~he~ vision of alternative uses for those sites. ~, Finally, we urge the Council to offer Iowa City residents an opportu_~t..y fo.~. adequate input on any such amendment which would affect the va~4ou, s ~ neighborhoods in Iowa City. ~ Name Address We, the undersigned members of the Northside neighborhood community, urge the Iowa City Council to vote AGAINST the proposed amendment to the zoning ordinance which allows conversion of certain existing fraternity and sorority houses to rooming houses without requiring the provision of sufficient parking spaces for all roomers. We remind the Council that the current parking situation in the Northside, particularly in the area bounded by Dubuque, Church and Gilbert Streets is deplorable. Moreover, the traffic on Brown Street, especially between Dodge and Dubuque Streets is very high. This amendment does nothing to ameliorate those problems and has the potential to worsen the situation. We urge the Council to VOTE NO on the Amendment and to undertake a careful and thorough review of the current parking and traffic problems of the Northside with an eye to improving both situations. We further urge th~ Council to study the impact of any conversion of fraternity and sorori~ ~: houses on the various neighborhoods in which they exist and to broad.;ifi~.~he~ vision of alternative uses for those sites. c~ i Finally, we urge the Council to offer Iowa City residents an opportun~-~.~or~ adequate input on any such amendment which would affect the vari~.~' ? neighborhoods in Iowa City. c~ Name Address We, the undersigned members of the Northside neighborhood community, urge the Iowa City Council to vote AGAINST the proposed amendment to the zoning ordinance which allows conversion of certain existing fraternity and sorority houses to rooming houses without requiring the provision of sufficient parking spaces for all roomers. We remind the Council that the current parking situation in the Northside, particularly in the area bounded by Dubuque, Church and Gilbert Streets is deplorable. Moreover, the traffic on Brown Street, especially between Dodge and Dubuque Streets is very high. This amendment does nothing to ameliorate those problems and has the potential to worsen the situation. We urge the Council to VOTE NO on the Amendment and to undertake a careful. and thorough review of the current parking and traffic problems of the Northside with an eye to improvin¢ both situations. We further urge the Council to study the impact of any conversion of fraternity and sorority houses on the various neighborhoods in which they exist and to broaden the vision of alternative uses for those sites. Finally, we urge the Council to offer Iowa City residents an opportu~y~fo~ adequate input on any such amendment which would affect the vari~.~:: -'~ neighborhoods in Iowa City. Name City of Iowa City MEMORANDUM Date: May 2, 1997 To: City Council From: Scott Kugler, Associate Planner Re: Fraternity & Sorority/Rooming House Ordinance Due to the apparent controversy related to the above referenced ordinance, Staff has been discussing its details with individual Council members, Planning & Zoning Commission members, concerned citizens, and among itself over the last few weeks. As a consequence these discussions, an alternative interpretation of the applicable provisions of the Zoning Chapter became apparent. Depending on how the ordinance is interpreted and enforced, the Zoning Chapter may already allow the conversion of most existing fraternities and sororities to rooming houses with no additional parking being required. A Zoning Interpretation Panel (ZIP) meeting will be convened to discuss the proper interpretation of the parking requirements with regard to rooming houses. In the mean time, staff recommends that the Council go ahead with the second consideration of the present ordinance. If the ZIP decision affects the status of the code amendment in any way it can be addressed prior to your May 20 meeting. f:\shared\pcd\interp,doc City of Iowa City E ORANDU Date; To: From: Re: May 1, 1997 Planning & Zoning Commission Scott Kugler, Associate Planner Fraternity/Sorority House - Rooming House Ordinance City Council is currently reviewing the proposed ordinance that would allow the conversion of an existing fraternity or sorority house to a rooming house without the need to provide additional parking. The Commission recommended approval of this amendment at its March 20 meeting. At its April 22 meeting, the Council voted 5-2 to approve the ordinance, but indicated that it did so for the purpose of keeping the discussion moving, and at the same time requested that the Planning & Zoning Commission study a possible change to the proposed ordinance. The proposed change would require that the conversion of a fraternity or sorority to a rooming house be approved by special exception if a waiver of the parking requirements is being requested. Please note that not all members of the Council indicated support for this change, but a majority indicated that they would like to have the Commission review this proposed change and provide a recommendation. Although there was little public discussion of this issue during the Commission's review of the ordinance, there has been opposition voiced at Council meetings by residents from the Northside neighborhood. Neighborhood residents are concerned about the proposed change resulting in increased parking in their neighborhood. The parking situation is already very competitive in much of the Northside neighborhood. Parking Needs of a Rooming House rs. Other Potential Uses: In earlier memoranda to the Commission regarding this issue, staff has stated that it anticipates the amount of parking generated by a rooming house to be less than that generated .by a fraternity or sorority, and that in a worst case scenario it would generate the same amount of parking and that the impact on the neighborhood would be the same. Staff continues to believe this to be the case, but has conducted a survey of property management companies and rooming house owners to help further determine the parking needs at rooming houses. The results of this survey are shown in Figure 1 on the following page. Similar information obtained from a number of fraternities and sororities indicates that at least half of their residents own cars, and in some cases more. Information obtained from rooming house managers indicates that few of them provide parking currently, and most of their residents do not have cars or do not request parking. FIGURE 1. The following are the results of a survey conducted by staff to help estimate the demand for parking at rooming houses within Iowa City. Listed below are the firms listed under "Property Management" in the yellow pages, with information that staff obtained regarding their facilities and parking situations. Also included are a number of others not listed in the yellow pages, but that staff contacted regarding the parking situation at their rooming houses. A number of the firms listed in the yellow pages were not available or did not return phone calls. Chambers Management: 1 facility, 8 rooms. No parking provided. Comments: No questions about parking from tenants - assumes no one or very few have cars. Keystone Property Management: Have 6 or 7 rooming houses. No parking provided. Comments: Most tenants do not own vehicles - has not been a problem for them. Thomas Realtors & Property Management: 1 facility, parking can be rented from adjacent apartment property. Comments: None rent spaces. Do not think that any tenants own cars. Hodge Construction: 2 facilities, off-street parking available at 1 containing 19 spaces. Comments: Only 5 of the 1 9 spaces are currently used by rooming house tenants." Ron Johnson: 1 facility, 7 rooms & 2 apartments. 6 parking spaces provided, 3 for apartments, 3 for rooms. Comments: Only 3 of seven roomers have cars. When the parking lot is full, tenants that do not have cars are targeted. Grace Kelly: 1 facility, 15 rooms total. No parking provided. Comments: Most tenants do not have cars. Hasn't perceived this to be a problem due to proximity to UI. Richard Wayne: Owns a number of facilities including some containing both apartment and rooming units. Off-street parking is available at Blacks Gaslight Village, others do not have parking available. Comments: Feels that generally those making the choice to live in rooming houses are doing so for economic reasons, and often have to forgo car ownership. Feels the parking needed for a rooming house will likely be less than a fraternity or sorority. *In some cases where parking is available, spaces are leased to other individuals not residing on the property. Given this information, staff is confident that the proposed amendment would not result in an increased parking burden on older Iowa City neighborhoods. If one or more fraternity or sorority houses in a neighborhood are converted to rooming houses the parking situation will likely improve, or at worst stay the same. If a departing fraternity or sorority is replaced by another fraternity or sorority, the parking situation is likely to stay the same. If the building is converted into another permitted use, such as apartments (which is permitted provided that the amount of parking required for the new use is less than what would be required for the departing fraternity or sorority use), the parking impact on the surrounding neighborhood would likely be worse than it would be for a rooming house. Although staff typically does not like to associate a code amendment with a particular property, it is fairly well known that the proposed conversion of the fraternity house located at 716 N. Dubuque Street was the impetus for the proposed ordinance. The Building Official has determined that up to 21 rooming units could be located there, provided that the parking issue is addressed. This calculation is based on both the size of the lot and the floor area of the building. With no changes to the current regulations, 36 parking spaces would have to be provided for a rooming house based on the size of the building. Because 24 spaces are essentially "grandfathered" for the current use, 12 additional spaces would be needed for the rooming house. Based on the parking requirement for a fraternity, any use permitted in the RM-44 zone requiring 24 parking spaces or less could be located in the building. Therefore, the building could be converted into several three to five bedroom apartments; a situation that could have a much greater impact on the neighborhood parking situation than a rooming house would likely have. Need for Special Exception: If the Commission agrees with the above assessment of the parking needs of a rooming house compared to fraternity and sorority houses, in staff's view special exception approval should be unnecessary. It was stated at Council meetings that requiring a special exception would give surrounding residents notice when such a conversion is to occur. However, the two uses - fraternities and rooming houses - are essentially the same. Both involve a shared living arrangement in which individual sleeping rooms are occupied by persons who share common space within the building such as kitchen space, bathrooms, etc. The only real difference between the two are the populations occupying the building. Staff feels that requiring special exception approval in a situation where the two uses are so similar and where the parking situation is likely to improve would be an unnecessary process that would only add delays and additional costs. If the Commission agrees with staff's analysis regarding the parking issue, then no special exception should be required. STAFF RECOMMENDATION: Staff recommends that the proposed amendment to Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading, Section 1, "Off-Street Parking Requirements," be adopted as written, without the need for Special exception approval. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development The following materials regarding this item were n i -- ' submitted by e gn~onng property owners or other interested persons. TO: Iowa City City Council Members 410 E. Washington St Iowa City, IA 52240 RE: Parking and Property Conversion April 27, 1997 gPR g 8 997 OFHC[ I am writing to comment on the City Council's consideration of an amendment to the parking code, specifically as it concerns conversions of certain properties from one use to another. The proposed amendment would allow exisiting fratrnity and sorority houses to be converted into rooming houses wihout the neeed to provide extra parking space. Although parking space is, indeed, limited in the north side area of town, it is my understanding that recent research done by the city's Planning and Zoning Department found that the town's rooming houses actually had very few cars, and there would actually be less strain on availble parking space. The Planning and Zoning Department voted unanimously in favor of this amendment, and I would like to encourage the City Council to do the same. This proposal was the result of the planned conversion of a frat house at 716 N. Dubuque St. to a rooming house to be used as low-rent housing for clients of the Emergency Housing Project's transitional housing program. I have been a resident of the north side area for over a decade, and have had several low-income people and families living near my building. Both my landlord and the owner of the house next door have rented to low income people. I have not encountered any problem with "those people" (this seems to be the term by which they are generally known); the real problems are produced by the more obnoxious students (certainly not all students, of course), and particularly the frat house residents. As a resident of the area, I would actually prefer "those people" to the frat houses, as this would improve the quality of the neighborhood. Further, I wonder why, all of a sudden, some City Council members -- wh.o do not live in the area -- are so concerned about the integrity of my neighborhood. A few years ago, several Student Confinement Facilities went up on my block, and rioone was warned. The facility on my block ate up one-third of the space, took out the greenery, and increased (in fact, caused) problems with traffic, parking, noise, congestion and garbage (with additional attractions of mice, rats and raccoons): a product of too much crowding. Apparently, some developers see this neighborhood as nothing more than a space for absentee landlords to make a killing at the expense of the lives of surrounding residents. So why has there been such a fuss over a facility that will decrease the problems in congestion, parking, noise and garbage? At any rate, I believe the issue here is parking, and, again, in light of the Planning and Zoning Dept.'s recommendation, I would like to urge the City Council to approve the proposed pa~rking amendment. Sincerely, Holly Hart 411 N. Dubuque St Iowa City, IA 52245 337-7341 hhart@ blue.weeg.uiowa.edu Hillcrest Fami!y Senvices MAY 0 '1 1997 A ministry of the Iowa Conference of the United Methodist Church and the Synod of Lakes and Prairies, Presbyterian Church, USA Accredited by the Joint Commission on Accreditation of Healthcare Organizations April 29, 1997 Iowa City Council 410 E. Washington St. Iowa City, la 52240 Dear Council Members, I am writing in support of Teresa Kopatich's project to purchase and renovate the fraternity house at 716 N. Dubuque St. to provide a rooming home for persons who are homeless or near homeless. It is wonderful to see such a natural conversion of this type of property, instead of seeing these beautiful old structures being torn down. Since the main concern of inadequate parking has been addressed by the Planning and Zoning Department and found to not be a problem I am at a loss as to why concerns still exist regarding this much needed project. City staff have clearly stated that rooming houses have fewer cars, and that this amendment would not make any current parking issues worse. The suggestion made by a council member to inform all neighbors that low income people are moving into the neighborhood is the most discriminatory statement I have heard from an elected official in a long time. Did you, Mr. Thornberry, take your tax returns to show the neighbors before you moved into your neighborhood? Does anyone in your neighborhood make more money than you do? If so, should they be "made aware" that you may not be a nice person because of your low income? All proper legal channels were followed by Teresa Kopatich to get to this voting stage. The fact that the persons who will eventually live there have lower incomes than some of the neighbors is irrelevant. This is a PARKING CODE amendment, not a chance to discriminate against folks who are trying their best to get back on their feet and contribute to our society. I urge you all to vote in favor of this parking code amendment. Thank you for your time and attention to this matter. Anne Armknecht Program Coordinator HILLCREST SUPPORTED LIVING · 326 S. CLINTON · IOWA CITY, IOWA 52240 · TELEPHONE 319/337-4204 ADMINISTRATIVE OFFICES * 2005 ASBURY ROAD · DUBUQUE, IOWA 52001 Emergency Housing Project, Inc. P.O. Box 3146 331 N. Gilbert Street Iowa City, IA 52244-3146 (319) 351-0326 1996-1997 Board Members Agudas Achim Beverly Iones Congregational UCC Kathleen Clark Coralville United Methodist Karen Dinsmore Faith United Church of Christ Gerry Tetrault, President First Christian John Rauer First Mennonite Christine Rumsey First Presbyterian James Martins, M.D. First United Methodist ]oyce Left Gloria Dei Lutheran Card Solberg, Treasurer Iowa City Friends Meeting Holly Hart New Song Episcopal Jan Caylor St. Andrew's Presbyterian John Reinhardt, Vice President St. Mark's United Methodist Joanne Peterson st. Mary's Catholic James McCue, Secretary St. Patrick's Catholic Barbara Stimmel St. Thomas More Catholic Crissy Canganelli St. Wenceslaus Catholic Charles Ping Trinity Episcopal Paul Kemp Unitarian Universalist Society Edward A. Moreno V.A. Medical Center Mike Kratz Zion Lutheran Paul Horick Director Julia Kleinschmit Rembert - A United Way Agency - May6, 1997 Members of the Council City of Iowa City 410 E. Washington Iowa City, IA 52240 Dear Members of the Council, I am writing to support Theresa Kopatich and Lynn Detweiler in their efforts to convert a fraternity at 716 N. Dubuque Street into a boarding house for single working people. It seems there has been some confusion among members of the general public concerning the nature of this project, including its capacity for increasing Theresa and Lynn's personal wealth. As a staff member of the Emergency Housing Project, Theresa became aware of the need for affordable housing in Iowa City, particularly for low-income single people. She and her husband Lynn decided to combine their areas of expertise: social work and construction, to address a need in the community while making a long-term investment. In 1996, Theresa and Lynn, as D & K Properties, purchased a house on 416 S. Dodge Street. They received $125,000 in CDBG and HOME funds from the City of Iowa City to help with the purchase of that house. In return, for approximately 20 years, they are responsible for renting 5 of the 9 rooms at a rate not to exceed 30% of the room tenant's income. People receiving that lowered rent work with an EHP counselor on skills that will help them become long-term, self-sufficient citizens of Johnson County. What this means for Theresa and Lynn is that each month they receive lower revenue from their property than they would if they were renting all 9 rooms at the going rate of $250/room. In effect, they are paying back a no-interest loan given to them by the City of Iowa City. The recipients of the loan payments are previously homeless single people now on the road to independence -- an investment in Iowa City's future. Theresa and Lynn just break even on their properties now, because they and their children perform all necessary maintenance, cleaning, and renovation work. They would not be able to operate their boarding houses if they had to Emergency Housing Project, Inc. P.O. Box 3146 331 N. Gilbert Street Iowa City, IA 52244-3146 (319) 351-0326 1996-1997 Board Members Agudas Achim Beverly ]ones Congregational UCC Kathleen Clark Coralville United Methodist Karen Dinsmore Faith United Church of Christ Gerry Tetrault, President First Christian John Rauer First Mennonite Christine Rumsoy First Presbyterian James Mart/ns, M, D. First United Methodist Ioyce Leff Gloria Dei Lutheran Carol Solberg, Treasurer Iowa City Friends Meeting Holly Hart New Song Episcopal ]an Caylor St. Andrew's Presbyterian John Reinhardt, Vice President St. Mark's United Methodist Joanne Peterson St. Mary's Catholic ]ames McCue, Secretary St. Patrickts Catholic Barbara St/mmel St. Thomas More Catholic Crissy CanganeIli St. Wenceslaus Catholic Charles Ping Trinity Episcopal Paul Kemp Unitarian Universalist Society Edward A. Moreno V.A. Medical Center Mike Kratz Zion Lutheran Paul Horick Director Julia Kleinschmit Rembert - A United Way Agency - Members of the City Council May 6, 1997 Page Two pay an outside service. Further, they charged no developer's fees, charge only a 2% management fee, and pay property taxes on their properties. Theresa and Lynn are not becoming rich from their boarding houses, nor will they. If there was a lot of money to be made from arrangements such as the ones they have made with the City, prospective landlords would be breaking down the doors of the Civic Center, trying to get a piece of the action. In fact, it would be great if more people like Theresa and Lynn were interested in starting boarding houses such as theirs: the number of boarding house rooms would increase, driving the fair market value of the rooms down, generating a lot more affordable housing for low-income single people. It would be a shame if we let parking difficulties and fears about the "nature" of low-income working people get in the way Of taking advantage of this great opportunity to provide more affordable housing in Iowa City. It would be contrary to our community priorities as stated in City Steps (pp. 79-80) and during the Forum on Affordable Housing, held last fall. It would also be contrary to national, state, and local efforts which purpose to help people move from welfare to work, including our own new designation as an "innovation zone." I encourage Members of the Council to support this project by voting to pass this parking amendment. It in investment in Iowa City's future. If you have any questions or would like further information, please contact me. Thank you for your time and attention to this matter. Sincerely, Julia K. Rembert Executive Director Prepared by: Robert Miklo, Senior Planner. 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 97-3782 ORDINANCE VACATING THE PORTION OF THE ALLEY LOCATED SOUTH OF LOT 2 OF THE A.E. STROHM ADDITION, GENERALLY LOCATED SOUTH OF BOWERY STREET BETWEEN GOVERNOR AND LUCAS STREETS. WHEREAS, the majority of the property owners in the area have requested the vacation of the 12 foot wide alley right-of-way, described below; and WHEREAS, the subject alley is substandard in terms of right-of-way width; and WHEREAS, the subject alley is not paved with material suitable for frequent vehicular traffic; and WHEREAS, the properties which abut the alley have alternative means of street access via Lucas Street or Governor Street; and WHEREAS, all necessary public and private utility easements will be retained. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. Subject to the retention of all necessary public and private utility ease- ments, the City of Iowa City hereby vacates a portion of the alley located in the A.E. Strohm Addition described as follows: The portion of the 12 foot wide alley located south of Lot 2 and north of the Iowa Interstate Rail- road right-of-way within the A.E.M. Strohm Addition to Iowa city. 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 ad- judged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or Ordinance No. 97-3782 Page 2 part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of Na.y ,19 97 MAYORf' /~,~.~ (./' (/.., // ATTEST:/',~'~z.~-~ Z')". '?~',~--f_..¢/ CITY CLERK ApB.~::w-e~by _ /'~ .4 C'ity At~~~ ."~ It was moved by Thornberry and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thornberry X Vanderhoef Lehman that the Ordinance First Consideration 4/8/97 Vote for passage: AYES: Lehman, Norton, Novick, Thronberry, Vanderhoef, Baker, Kubby. NAYS: None. ABSENT: None. .Second Consideration 4/22/97 Vote for passage: AYES: Novick, Vanderhoef, Norton. NAYS: None. ABSENT: Thornberry. Date published 5/14/97 Baker, Kubby, Lehman, ppdadmin\strohm.ord Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 97-3783 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," CITY CODE, BY REVISING ARTICLE N, ENTITLED "OFF-STREET PARKING AND LOADING," TO CHANGE THE REQUIRED NUMBER OF OFF-STREET PARKING SPACES FOR COMMERCIAL USES IN THE CB-5 ZONE. WHEREAS, it is the intent of the Iowa City City Council to encourage commercial development within the CB-5 zone; and WHEREAS, the City plans to build public parking facilities in or near the CB-5 zone to accommodate parking demand; and WHEREAS, removal of parking requirements for commercial uses in the CB-5 zone will encourage the development of commercial property; and WHEREAS, placing a maximum on the number of parking spaces privately provided in the CB-5 zone will encourage more extensive commercial development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 6, entitled "Zoning" of the City Code be hereby amended by repealing Article N, entitled "Off-Street Parking and Loading," Section 14-6N-1, subsections J.2.d.2, J.2.f.2, J.2.g.2, J.2.h.2, J.2.i.2, J.2.j.2, J.2.m.3, J.2.n.2, J.2.o.2, J.2.p.2, J.2.q.2, J.2.s.2, J.2.u.2, J.2.v.2, J.4.a.2, J.5.f.2, reading "One (1) parking space for each 1,200 square feet of floor area," and subsection J.5.c.2, reading "No parking required for theaters," and adding new subsections J.2.d.2, J.2.f.2, J.2.g.2, J.2.h.2, J.2.i.2, J.2.j.2, J.2.m.3, J.2.n.2, J.2.o.2, J.2.p.2, J.2.q.2, J.2.s.2, J.2.u.2, J.2.v.2, J.4.a.2, J.5.c.2, J.5.f.2, to read as follows: Subsection No. Principal Use Zone Number of Spaces Bicycle Parking 14-6N-1-J.2.d.2 Banks, savings and CB-5 None required but, if provided, a 0 loan institutions and maximum of one parking space credit unions for each five hundred (500) square feet of floor area shall be permitted 14-6N-1-J.2.f.2 Furniture, major CB-5 None required but, if provided, a 0 appliance and floor maximum of one parking space covering stores and for each five hundred (500) repair shops square feet of floor area shall be permitted 14-6N-1-J.2.g.2 Hotels and motels CB-5 None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted Ordinance No. Page 2 97-3783 Subsection No. 14-6N-1-J.2.h.2 14-6N-1-J.2.i.2 14-6N-1 -J.2.j.2 14-6N-1-J.2.m.3 14-6N-1-J.2.n.2 14-6N-1 -J.2.o.2 Principal Use Grocery stores and · supermarkets Laundry and dry cleaning establish- ments (coin oper- ated) Laundry and dry cleaning establish- ments and collection stations Offices Offices-clinics Personal service business, beauty parlors, barber shops Zone CB-10 CB-5 CB-5 CB-5 CB-5 CB-5 CB-5 Number of Spaces Parking spaces shall be fur- nished by providing spaces within a publicly owned parking facility located within three hun- dred feet (300') of the hotel or motel, as specified by a written agreement between the owner of the hotel and the owner of the parking facility or one and one quarter (1¼) parking spac- es for each guest unit on the same lot as the use served or within three hundred feet (300') None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted Bicycle Parking 0 0 0 Ordinance No. 97-3783 Page 3 Subsection No. Principal Use Zone Number of Spaces Bicycle Parking 14-6N-1-J.2.p.2 Personal service CB-5 None required but, if provided, a 0 businesses (other maximum of one parking space than those listed) for each five hundred (500) square feet of floor area shall be permitted 14-6N-1-J.2.q.2 Photographic studios CB-5 None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted 14-6N-1-J.2.s.2 Restaurant and es- CB-5 tablishments dispens- ing food or beverag- es for consumption on the premises 14-6N-1-J.2.u.2 Retail stores and CB-5 shops (other than those listed) None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted 14-6N-1-J.2.v.2 Studios and stations, CB-5 None required but, if provided, a 0 radio and television maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted 14-6N-1-J.4.a.2 Civic, cultural, and CB-5 None required but, if provided, a 0 historical institutions maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted CB-5 None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted 14-6N-1-J.5.c.2. Spectator-type audi- toriums, sports are- nas, theaters, stadi- ums and meeting halls. 14-6N-1-J.5.f.2 Libraries, museums, CB-5 None required but, if provided, a 0 and art galleries maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted 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. Ordinance No. 97-3783 Page 4 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 6th day of Hay ,1997. ATTEST:ciT~CLERK 7~. Approved by / ,~ rney's It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Baker that the Ordinance as read be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick __ Thornberry Vanderhoef First Consideration 4/8/97 Vote for passage:AYES: Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: Kubby. ABSENT: None Second Consideration 4/22/97 Vote for passage:AYES: Lehman, Norton, Novick. NAYS: Date published 5/14/97 Thornberry, Vanderhoef, Kubby. ABSENT: None. Baker, ppdadmin/of f-stre,ord Prepared~d~: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA ORDINANCE NO. 97-3783 ORDINANC, E AMENDING TITLE 14, CHAPTER 6, ENTITLED BY REVlSIN'G ARTICLE N, ENTITLED "OFF-STREET PARKING CHA {EQUIRED NUMBER OF OFF-STREET PARKING ClAL USES IN CB-5 ZONE. 19-356-5240 CITY CODE, LOADING," TO FORCOMMER- WHEREAS, it is the ~t of the Iowa City City Council tc e commercial development within the CB-5 zone; and WHEREAS, the City plans build public parking facilities or near the CB-5 zone to accommodate parking demand; and WHEREAS, removal of uirements for the development of commercial ;rty; and WHEREAS, placing a maximum e number of will encourage more extensive ~1 develo NOW, THEREFORE, BE IT ORDAINED SECTION I. AMENDMENT. Title 14, Cha by repealing Article N, entitled "Off-Street Part J.2.f.2, J.2.g.2, J.2.h.2, J.2.i.2, J.2.j.2, J.2 J.2.v.2, J.4.a.2, J.5.f.2, reading "One (1) subsection J.5.c.2, reading "No parking J.2.f.2, J.2.g.2, J.2.h.2, J.2.i.2, J.2.j.2 .2.m.3, J.2.v.2, J.4.a.2, J.5.c.2, J.5.f.2, to as follows: Subsection No. Principal Zone 14-6N-J.2.d.2 Banks, sav s and CB-5 loan insti' and credit 14-6N-J.2.f.2 F major CB-5 and floor g stores and repair shops 14-6N-J.2 Hotels and motels CB-5 uses in the CB-5 zone will encourage spaces privately provided in the CB-5 zone COUNCIL OF THE CITY OF IOWA CITY, IOWA: "Zoning" of the City Code be hereby amended and Loading," Section 14-6N-1, subsections J.2.d.2, J.2.n.2, J.2.o.2, J.2.p.2, J.2.q.2, J.2.s.2, J.2.u.2, for each 1,200 square feet of floor area," and theaters," and adding new subsections J.2.d.2, 2, J.2.o.2, J.2.p.2, J.2.q.2, J.2.s.2, J.2.u.2, Number of Spaces Bicycle Parking None rec red but, if provided, a 0 maximum one parking space for each lundred (500) square feet )or area shall be permitted None required but )rovided, a 0 maximum of one ~g space for each five hundred .00) square feet of floor ;hall be permitted None required but, if a 0 maximum of one parking for each five hundred (500) square feet of floor area shall permitted Ordinance No. 97-3783 Page 2 Subsection No. Principal Use Zone 14-6N-J.2.h.2 14-6N-J.2.i.2 CB-10 nd supermarkets ~ Laundry and dry cleaning establish- ments (coin oper- ated) CB-5 14-6N-J.2.j.2 14-6N-J.2.m.3 14-6N-J.2.n.2 Laundry and dry / CB-5 cleaning establish7 / ments and collecti/oCn stations / Office~ CB-5 O~s-clinics CB-5 Personal service CB-5 business, beauty parlors, barber shops Number of Spaces Parking spaces shall be fun by providing spaces withi pub- licly owned parking fac locat- ed within three hund~ feet (300') of the hotel as specified by a wri agreement between the of the hotel and the owner the parking facility or or one quarter (1¼) parkit spaces for each guest uni the same lot as the use sen or within three hun- dred (300') Nor required but, if provided, a m~ ~um of one parking space each five hundred (500) uare feet of floor area shall be .ermitted None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be \ )ermitted ne required but, if provided, a imum of one parking space for h five hundred (500} s¢ eet of floor area shall be None re( maximum of for each five square feet of permitted but, if provided, a le parking space ~dred (500) ,r area shall be / Bicycle Parking O O O O O None required but ~rovided, a O maximum of one space for each five hundred O) square feet of floor area roll be permitted None required but, if ..... \a O maximum of one parking space~ for each five hundred (500) ~ square feet of floor area shall be ~ permitted ~ Ordinance No. 97-3783 Page 3 Subsection No. Principal Use Zone 14-6N-J.2.p.2 L Number of Spaces Personal service businesses (other than those listed) Photographic studios Bicycle Parking CB-5 0 None required but, if provide, a maximum of one parking/¢pace for each five hundred (/500) square feet of floor a/~a shall be permitted ~ 'None required ~)zlt, if provided, a maximum of/e/ne parking space for each fiv/e'hundred (500) square fe./e't of floor area shall be permit./~l N /e/on requir de but, if provided, a m~irnum of one parking space f~r each.five hundred (500) Jsquare feet of floor area shall be 14-6N-J. 2.s. 2 Restau r a n%nd CB-5 0 establishment'if, dispensing food~r beverages for.cor~, sumption on the ~ permitted premises ~ 14-6N-J.2.u.2 Retail stores and None required but, if provided, a 0 shops (other than maximum of one parking space those listed) for each five hundred (500) square feet of floor area shall be permitted 14-6N-J.2.v.2 Studios and sta- CB-5 )ne required but, if provided, a 0 tions, radio and/ of one parking space television/ for ~ch five hundred (500) s¢ feet of floor area shall be 14-6N-J.4.a.2 ~d but, if provided, a 0 Civic, cul~.ura!, and CB-5 None re( hi~to/~ institutions maximum ~ne parking space for each five ndred (500) square feet of ~or area shall be permitted 14-6N.J.5.c.2. ~p.ectator-type audi- CB-5 None required but, a O /todums, sports maximum of one ng space CB-5 0 / arenas, theaters, for each five hundred 500) / stadiums and meet- square feet of floor al ~shall be / inghalls. permitted 14-6N-J.5.~2 Libraries, museums, CB-5 None required but, if ovid~¢. a 0 ~ and art galleries maximum of one parking spat e ~ for each five hundred (500) ~ square feet of floor area shall be~ permitted SEC,/TION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisi(~'ns of this Or/dinance are hereby repealed. S~CTION 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. Ordinance No. 97-3783 Page 4 SECTION IV. publication, as provided by law. Passed and approved this 6t, h day of O Approved by EFFECTIVE DATE. This Ordinance shall be in effect after its final passage ,1997. :roval and City It was moved by Vanderhoef adopted, and upon roll call there AYES: NAYS: and seconded Baker that the Ordinance as read be Baker X ,~hman / :on /_-- , norn~erry / _-- Vander~,~ First C~'nsideration 4/8/97 / Vote for passage:AYES'k, Norton, Nov~ck, Thornberry, V~de~hoef, Bake~. NAYS: Kub~ ABSENT: None S~cond Consideration 4/22/97 ~ ' / Vote for passage'~S: ~or~ber~.y, Vandenhoer, Baker, /Lehm~, Norton, Nov~ck. N~S: u~b~.~ABSENT: None. Date published 5/Z4/97 Prepared by: Karin Franklin, Director of PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5232 ORDINANCE NO, 97-3784 AN ORDINANCE AMENDING TITLE 14, "UNI- FIED DEVELOPMENT CODE" OF THE CITY CODE BY AMENDING CHAPTER 9, ARTICLE A, ENTITLED "PARKING FACILITY IMPACT FEE" TO EXCLUDE COMMERCIAL DEVELOPMENT. WHEREAS, the City has adopted the Near Southside Neighborhood Redevelopment Plan to guid~ development in the Near Southside Neighborhood; and WHEREAS, a parking facility impact fee ordinance will assist in the implementation of the plan, and guide the use and development of land so as to assure that new residential devel- opment in the Near Southside Neighborhood bears a proportionate share of the cost of capital expenditures necessary to provide off- street parking in the Near Southside Neighbor- hood of Iowa City; and WHEREAS, the City wishes to encourage commercial development in appropriately zoned areas of the near Southside; and WHEREAS, based on past and recent com- mercial development activity in the near South- side, the parking facility impact fee as applied to commercial development is functioning as an impediment to commercial development. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, entitled "Unified Development Code" of the City Code is hereby amended by repealing Chapter 9, Article A, entitled, "Parking Facility Impact Fee," and adding thereto a new Chapter 9, Article A to read as follows: ARTICLE A. PARKING FACILITY IMPACT FEE 14-9A-1: LEGISLATIVE FINDINGS: The City Council finds, determines and declares the following as legislative facts: A. Residential development and redevelop- ment in the Near Southside Neighbor- hood ("Neighborhood"), will create an Ordinance No. 97-3784 Page 2 increased demand and need for off-street parking; that such development and redevelopment will have an impact on the City parking facility system; and that without the provision of adequate off- street motor vehicular parking spaces, such development and redevelopment would create undue traffic congestion and generally be contrary to the health, safety and welfare of the citizens of Iowa City. Due to the Neighborhood's proximity to the downtown area, it is undesirable to devote significant portions of develop- ment sites to parking in the Near South- side Neighborhood, since it is in the public interest to develop land now avail- able in the Neighborhood for more inten- sive residential uses. New residential development in that portion of the Near Southside Neighbor- hood referred to as the Near Southside Parking Facility District will create an increased demand for additional off-street parking, which demand should be met by and/or paid for by the development itself according to the proportionality of the development's impact upon existing off- street parking facilities, and the development's creation of increased demand for additional off-street parking facilities. The City needs to expand its parking facility system to accommodate new residential development in order to en- sure adequate off-street parking, and the City Council recognizes such expansion is necessary to promote and protect the public health, safety and welfare. The increased need and demand for off- street parking created by new residential development in the Near Southside Park- ing Facility District is reasonably and rationally related to the development's payment of a proportionate share of a new City parking facility or facilities, and a "payment in lieu of off-street parking" is a reasonable and rational method to further the City's goals of promoting and facilitating intensive economic develop- ment near the downtown area, and at Ordinance No. 97-3784 Page 3 the same time minimizing the use of large land masses for private parking lots. F. The imposition of parking impact fees is a reasonably and rationally calculable method of ensuring that new develop- ment bears a proportionate share of the cost of parking facilities necessary to accommodate the resulting increased demands for off-street parking created by the new development, and the Council wishes to avail itself of this method. G. The fee established in Section 14-9A-6 hereof is directly derived from, based on and does not exceed the cost of provid- ing additional off-street City parking facilities as a capital improvement cost necessitated and generated by the new residential development for which the fee is to be charged. H. City involvement in the expansion of the parking facility system as a capital im- provement is appropriate due to the scale and cost of such facilities, and is neces- sary due to the proximity of the Neigh- borhood to the downtown area and the expected high use levels of such a park- ing facility system. I. The fee established by this Article does not constitute a tax. 14-9A-2: TITLE AND AUTHORITY: A. Title: This Article shall be known and may be cited as the NEAR SOUTHSIDE NEIGHBORHOOD PARKING FACILITY DISTRICT IMPACT FEE ORDINANCE. B. Authority: The City Council has the authority to adopt this Article under its home rule powers, pursuant to the Con- stitution of the State of Iowa, as amend- ed, the Code of Iowa, as amended, and the United States Constitution. 14-9A-3: INTENT AND PURPOSE: A. This Article is intended to assist in the implementation of the Iowa City Compre- hensive Plan, as amended, and the Near Southside Neighborhood Redevelopment Plan, as amended. B. The purpose of this Article is to regulate the use and development of land so as to ensure that new residential development in the Near Southside Neighborhood bears a proportionate share of the capital Ordinance No. 97-3784 Page 4 improvement costs necessary to meet the additional parking needs and de- mands caused by development in this Neighborhood, and to do so by paying a portion of the costs needed to meet the need for off-street parking in a City park- ing facility within the Near Southside Parking Facility District of Iowa City. 14-9A-4: APPLICATION OF PROVISIONS: This Article shall apply to all real property within the Near Southside Parking Facility District. Where the provisions hereof are in conflict with those of the Iowa City Zoning Ordinance, or in conflict with the Near South- side Neighborhood Redevelopment Plan, as amended, the provisions hereof shall prevail. 14-9A-5: DEFINITIONS: As used in this Arti- cle, the following definitions shall apply: CAPITAL IMPROVEMENT COST: In- cludes costs of design, engineering, necessary consultants, construction, financing of a capital improvement including debt service, land acquisition, site improvements, and buildings and equipment necessary for a City off-street parking facility, but excludes maintenance and operation of such facility. CITY PARKING FACILITY: A ramp, surface lot or combination thereof designed to accommodate the off-street parking of motor vehicles as a capital improvement. NEAR SOUTHSIDE PARKING FACILITY DISTRICT: That area of Iowa City bounded by Burlington Street on the north, Gilbert Street on the east, the Iowa Interstate Railway Main Line on the south and Madison Street on the west, except for Blocks 10 and 21 of County Seat Addition; Lots 5 and 6 of Block 13, County Seat Addition; Lots 3, 4, 5, the east 50 feet of Lot 6, and the south 40 feet of Lot 2, Block 11, County Seat Addition; and Lots 10-15, Lyon's First Addition. RESIDENTIAL FEE PAYOR: A person applying for the issuance of an occupancy permit for residential development in the Near Southside Parking Facility District. 14-9A-6: IMPLEMENTATION OF FEE: A. Any person who, after the effective date hereof, seeks to develop land within the Near Southside Parking Facility District by applying for an occupancy permit for a residential use is deemed to have creat- Ordinance No. 97-3784 Page 5 ed a need and demand for additional off- street parking in the Near Southside Parking Facility District, and is thereby required to pay a proportionate share of the capital improvement costs necessary to meet the additional off-street parking needs and demands created by such development by contributing a propor- tional share of the costs of a City parking facility, which share shall be a "parking facility impact fee" to be paid in the manner and amount set forth in this Article. B. No new occupancy permit for a residen- tial use requiring the payment of an im- pact fee pursuant to this Article shall be issued unless and until the parking facili- ty impact fee hereby required has been paid in accordance with Section 14-9A~ 8, Payment of Fee. 14-9A-7: COMPUTATION OF FEE AMOUNT: A. Cost Estimates: The parking facility im- pact fee imposed by this Article is based on current best estimates of the capital improvement costs of the construction of a parking facility or facilities in the Near Southside Parking Facility District. Based on 1992 architects' estimates of con- struction costs of ten thousand dollars ($10,000.00) per parking space con- structed and land costs of approximately sixteen dollars ($16.00) per square foot, the City Council finds that such capital improvement costs total in the amount of at least twelve thousand dollars (- $12,000.00) per parking space in 1992 dollars. B. Apportionment: The City Council further finds that given current Department of Planning and Community Development estimates of new residential development in the Near Southside Parking Facility District, and given the City's ability to manipulate City parking system rates, monthly permit policies and on-street parking ordinances, the use of an off- street parking facility in the Near South- side Parking Facility District will be ap- portioned as follows: thirty-three and one-third percent (331/8%) to users attrib- utable to new residential development in Ordinance No. 97-3784 Page 6 Eo the Near Southside Parking Facility Dis- trict; and sixty sixty-six and two-thirds percent (66%%) to users from other areas.. Cost per Space: Based on the foregoing, the amount of the parking facility impact fee required by this Article, in 1992 dollars, shall be four thousand dollars (~4,000.00) per parking space for resi- dential uses. The parking facility impact fee shall be adjusted annually according to provisions of subsection F of this section. In-Lieu Payment: In order that available land in the Near Southside Parking Facili- ty District is intensively used, and that a portion of residential parking is combined in a City off-street parking facility or facilities, rather than scattered through- out the Near Southside Parking Facility District, the City Council finds that the residential parking facility impact fee shall be paid in lieu of providing fifty percent (50%) of the parking spaces otherwise required by the City Zoning Ordinance for residential uses. The Cou- ncil further finds that this parking facility impact fee is reasonably and rationally related to the increased off-street parking need or impact created by said new residential development. Formula: The total residential parking facility impact fee required by this Article shall be calculated by multiplying the number of parking spaces otherwise required by the Zoning Ordinance for residential uses by fifty percent (50%), and multiplying that product by the per space parking facility impact fee amount, as expressed in the formula: (RPS x .5) RIF -- TRF Where: RPS is the number of parking spaces otherwise required by the Zoning Ordinance for residential use; RIF is the per space residential parking facility impact fee for resi- dential uses; and TRF is the total residential park- ing facility impact fee required by this Article. Ordinance No. 97-3784 Page 7 F. Adjustment: To ensure accurate esti- mates of current parking facility capital improvement costs, the amount of the parking facility impact fee required by this Article shall be adjusted annually based on the national historical cost indexes contained in the most recent edition of Means Square Foot Costs manual, as amended. G. Documentation: The calculation of park- ing facility impact fees and the receipt thereof by the City shall be documented in a form recordable in the office of the County Recorder. 14-9A-8: PAYMENT OF FEE: A. The City Manager or designee shall calcu- late and assess the entire parking impact fee upon issuance of an occupancy per- mit. The fee payor may pay the entire fee at the issuance of the occupancy permit, or may elect to pay the fee in three (3) equal annual install{nents, the first of which shall be due and collected at the issuance of the occupancy permit. If the fee payor elects to pay the fee in three (3) annual installments, the fee payor shall execute an agreement with the City before the City issues a occu- pancy permit, which agreement sets forth the timing and amounts of the remaining installments to be paid and also sets forth that, upon confirmation by the Iowa City Finance Department that the fee payor has defaulted on an install- ment payment, the City Clerk shall certify the outstanding fee balance to Johnson County as a lien upon the premises for which the occupancy permit was issued. Said lien will not preclude the City from pursuing recovery of the fee by other legal or equitable remedies. B. All fees collected shall be promptly trans- ferred for deposit in the Near Southside Parking Facility District Impact Fee Re- stricted Fund, established in Section 14- 9A-10 hereof, and held there and used solely and exclusively for the purposes specified in this Article. 14-9A-9: REFUND OF FEES: A. Any funds not expended for a City park- ing facility or which remain unencum- Ordinance No. 97-3784 Page 8 bered by the end of the calendar quarter immediately following five (5) years from the date of the final impact fee payment shall, on application of the fee payor or the fee payor's successor in interest, be returned to such fee payor with interest at the rates earned by the Restricted Fund during such time as the fees were held in the Fund, provided the fee payor submits an application for the refund to the City Manager or designee within one hundred eighty (180) calendar days of the expiration of the five (5) year period. As used in this subsection, funds shall be deemed "encumbered" if the City Council has approved a contract for acquisition and/or construction of a parking facility or facilities in the Near Southside Parking Facility District. 14-9A-10: PARKING FACILITY IMPACT FEE RESTRICTED FUND: A. Fund Established: There is hereby estab- lished the Near Southside Parking Facility District Impact Fee Restricted Fund. B. Use of Funds: 1. Monies held in the Restricted Fund, including any accrued interest, shall be used solely and exclusively for the purpose of the City capital im- provement costs for providing off- street parking facilities to be located in the Near Southside Parking Facili- ty District, and shall not be used for maintenance or operation or for any other purpose. 2. Monies shall be expended in the order in which they are collected. 3. In the event that bonds or similar debt instruments are issued for the construction of capital facilities for which parking facility impact fees are to be expended, monies held in the Restricted Fund may be used to pay debt service on such bonds or similar debt instruments, as capital improvement costs. 4. Monies in the Restricted Fund may be used to provide refunds as pro- vided in Section 14-9A-9 hereof. 5. Monies in the Restricted Fund shall be used for the purposes enumerat- Ordinance No. 97-3784 Page 9 ed herein, exclusive of all others and shall remain inviolate within the Restricted Fund. C. Annual Report Required: At least once each fiscal year the City Manager or designee shall present to the City Council an accounting of the Restricted Fund. 14-9A-11: PARKING FACILITIES: A. On-Site Parking Spaces: 1. Notwithstanding provisions of the Zoning Ordinance which may be to the contrary, payment of the resi- dential parking facility impact fee shall require the residential fee payor to provide no fewer than fifty per- cent (50%) of the parking spaces otherwise required for residential uses on the site. 2. Those parking spaces provided on- site after payment of the parking facility impact fee shall: a. Be sized in accordance with the prevailing proportionality re- quirements of the Zoning Ordi- nance regarding standard and compact car sized spaces; and b. Include all required disabled accessible spaces. B. Construction of Parking Facility: The off- site parking facilities financed in part by the Near Southside Neighborhood parking facility impact fee shall be: 1. Constructed in the Near Southside Parking Facility District. 2. Constructed at a time and in accord with a design at the sole discretion of the City Council. 3, Designed and operated to accommo- date new parking demands up to fifty percent (50%) of capacity and existing demand up to fifty percent (50%) of capacity. 14-9A-12: RIGHTS OF FEE PAYORS: A. This Article is intended to provide resi- dential fee payors a reasonably and ratio- nally calculable method to meet the needs for off-street parking created by their development for residents of new residential development in the Near Southside Parking Facility District. Ordinance No. 97-3784 Page 10 B. The payment of the parking facility im- pact fee does not guarantee a residential fee payor a parking space or a monthly permit in a City off-street parking facility, either existing or those financed in part by this Article; however, the City Manag- er or designee shall, to the extent reason- ably possible, give preference to occu- pants of residential development for which a parking facility impact fee was paid. 14-9A-13: EXEMPTIONS FROM PROVISIONS: The following shall be exempted from the requirements of this Article: A. Residential development which consti- tutes "elderly housing" as defined in the Zoning Ordinance. B. Historic properties, identified in the Near Southside Neighborhood Redevelopment Plan and that have been preserved or restored in accordance with the 1990 revised edition of the Secretary of Interi- ors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, to the extent that the fee payor shall be exempt from providing the on-site parking spaces otherwise re- quired, but the impact fee provided here- in must be paid. 14-9A-14: VIOLATIONS AND PENALTIES: Any violation of this Article shall be considered a simple misdemeanor or Municipal infraction provided for in Title 1, Chapter 4 of the City Code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION Ill. 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 unconsti- tutional. Ordinance No. 97-3784 Page 11 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th da~v of May, 1997, CITY orney,' f' e ~ -/~,-~z . p . Ordinance No. 97-3784 Page 12 It was moved by lehman and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thornberry x Vanderhoef Thornberry that the First Consideration 4/8/97 Vote for passage:AYES: Novick, Thornberry, Vanderhoef, Kubby, Lehman, Norton. NAYS: Baker. ABSENT: None. Second Consideration 4/2 2/9 7 Vote for passage: AYES: Thornberry, Vanderhoef, Norton, Novick. NAYS: Baker. Absent: None. Date published 5/14/97 Kubby, Lehman, Prepared by: Dennis Mitchell, Asst. City Attorney, z~10 E. Washington St., Iowa City, IA 52240; 31 9-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 9, CHAP- TER 1, SECTIONS 1, 7, AND 8; TITLE 9, CHAPTER 3, SECTION 9; TITLE 9, CHAPTER 8, SECTION 1; TITLE 10, CHAPTER 5, SECTION 4; AND TITLE 10, CHAPTER 9, SECTION 2 OF THE CITY CODE TO PROVIDE NEW REGU- ." LATIONS REGARDING NON-MOTORIZEDVEHI- .ES AND BICYCLES. the operation of roller skates line res, skateboards, coasters, and similer leeled or coasting devices, in, is hazardous for the o pedestrians motorists in pal parking streets and alleys, the central ~wn busines,, Plaza, and other Jblic areas; WHEREAS, the prohibits roller blades, roller skates and other such similar dE ,s on roadways and within the City Plaza b, Joes not prohibit such devices in other pub ~s; and WHEREAS, the currently prohibits bicycles on in all nmercial districts but should be a~ to onl rohibit bicycles in the central ~wntown district. lots, ilks in City NOW, T BE IT !D BYTHE CITY CC ;IL OF THE CITY OF CITY, IOWA: I. Section 9-1-1 is hereby nded by d61~ting the definition of "Toy ~nd adoring a new definition of d V6hicles" to read as follows: Non-motorized vehicles: roller skates · in-line skates, skateboards, coasters, and other such similar wheeled or coasting devices, including unicycles, but excluding bicycles, wheelchairs, baby strollers, and baby carriages. SECTION II. Section 9-1-7, entitled "Toy Vehicles" is hereby repealed and a new Section 9-1-7, entitled "Non-Motorized Vehicles" is hereby added, to read as follows: Ordinance No. Page 2 Non-Motorized Vehicles: A. No person shall travel upon or operate a non-motorized vehicle on any road, street, or alley, except in RS-5 (low density residential) and RS-8 (medi- um density residential) zones. Persons who travel upon or operate non-motorized vehicles on roads, streets, and alleys in RS-5 and RS-8 zones must obey all traffic laws which a~e applicable to~j;Irivers of motor vehicles. B.~1o .person shall travel upon or Ol ate a non-r~otorized vehicle within any .l~/er- p/~lblic parking ramp\or parking lot. / C. Ex'.~ept in the central dov)/ntown business district, persons may travel/upon or operate non-motorized vehicles on p~blic side- walks but must ~/.ield the right-of-w,a¥ to pedes- trians and mustyravel upon or/~perate said non-motorized vehicles in a car,~f'ul and prudent manner. \ D. No persoJ~ shall ~r~v~e~l upon or oper- ate a non-motorized\vehic/Je on a sidewalk in the central downtow~ b/~siness district. The central downtown budSess district is the area bounded by and including .Capitol Street to the west, Burlington Str~bt t~ the south, Van Buren Street to the east,/~nd J~fferson Street to the north. / SECTION Ill. Se~ion 9-1-~,is hereby amended to read as fOIIC),(NS: No p?son traveling ~tpon or operating any bicycl~ motorcycle, o/~non-motorized vehicle sh/~ill cling to or attacl~ to any other vehicle While the vehicle is mo~ing upon any roadwa~ or bikeway. ~ ,, SECTION IV. Section 9-3-9, eh,titled Play Streets", is hereby repealed. The~remaining sec}i/ons of Title 9, Chapter 3 shall ~e renum- be,~'ed accordingly. S/I~CTION V. Section 9-8-1E(1) is~ereby amended to read as follows: 1. No person shall ride a bicycle up'e,,n a sidewalk in the central downtown business district. The central downtown business districOt, is the area bounded by and including Capitol~,, Street to the west, Burlington Street to the south, Man Buren Street to the east, and Jef- ferson Street to the north. SECTION VI. Section 10-5-4, entitled "Bicycle and Skating Restrictions" is hereby repealed and a new Section 10-5-4 entitled "Bicycle and Non-Motorized Vehicle Restrictions" is hereby added, to read as follows: Ordinance No. Page 3 Bicycle and Non-Motorized Vehicle Restrictions: A. Bicycles: No person shall ride a bicycle within the City Plaza; no bicycles shall be left unattended within City Plaza unless located in a bicycle rack; no bicycle shall be locked or affixed to any post or structure other than a bicycle rack. B. Non-Motorized Vehicles: No person / shall travel upon or operate a non-motorized ./ vehicle within the City Plaza. ,, / SECTION VII. Section 10-9-2, entitled Prohib-/ ired Actions in Parks and Playgrounds" i/s/ h.ereby amended by adding the following pr~i- sion: Z/ _. J. Neon-Motorized Vehicles: //I. No person shall tr~avel upon or operat~ a non- motorized vehicle within Chauncey/Swan Park. 2. Person.~,may travel up,en or operate non-motorized veh~es in all o/~her city parks except where posted~s prohi, ted, and only to the extent the non-mot~rize~i vehicles are used in a safe manner so as n'e,~to injure persons or property. //' ~ SECTION VIII. REPEA/!~ER,~11 ordinances and parts of ordinances,j,~ confli~ with the provi- sions of this Ordin.,afice are hei~by repealed. SECTION IX. SI~,~'ERABILITY. ~ any section, provision or p,aft of the Ordin¢~ce shall be /.. adjudged to bp invalid or unconstitL}&ional, such adjudication/shall not affect the vali~t~ty of the Ordinance/~s a whole or any section, Erovision or part the(reof not adjudged invalid or u~,consti- tutional~/ ~ SECT, J.6N X. EFFECTIVE DATE. This~9,,rdi- nano'e shall be in effect after its final passage, approval and publication, as provided'by law--~.'. //Passed and approved this day of~ /,19 . MAYOR ATTEST: CITY CLERK City Attorney's Office dennis.rnit',.prohacts.ord Prepared by Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 522 ORDINANCE NO. 319-356-5030 AN ORDINANCE AMENDING .E 2 OF THE CITY CODE, THE HUIVIAN OF THE CITY OF IOWA CITY, TO IVIAKE IT SUBSTANTIALLY FAIR HOUSING AMENDMENTS A OF 1989. ORDINANCE TO THE WHEREAS, Title 2 of the City Cod6 United States Department of g and said ordinance is not substantially eq and WHEREAS, in order to obtain funding discrimination claims, and to investigate claims that the Iowa City Human Rights Ordinance lent to the FHAA; WHEREAS, HUD has informed the City of the ICHRO before a certificate of substantial e( WHEREAS, although HUD will not officially to the FHAA until the ICHRO is actually amended by c to the ICHRO made herein will make the ordinance subs ments Act of 1989. NOW, THEREFORE, BE IT ORDAINED BY THE SECTION I. Chapter 1 of Title 2 of the City C( of the definition of "Familial Status" in Section distinct unlettered paragraph after subsection B said Protections against discrimination on the of far pregnant or is in the process of securing legal of of 18 years. SECTION II. Chapter 3 of Title 2 of tl a. Deleting the title of Section 2-3-! ABETTING; RETALIATION; INTIMIDATI~ b. Adding a new subsection (C) C. Any person to coerce, int Human Rights Ordinance ban Development ("HUD" o the Fair Housing Amer HUD designated tc housing has been reviewed by the HUD has determined that Act of 1989 ("FHAA"); be certif investigation of housing in Iowa City, it is necessary by HUD to be substantially equiva- amendments must be made to be issued; and lat the ICHRO is substantially equivalent it is anticipated that the amendments 3tially equivalent to the Fair Housing Amend- 'UNCIL OF THE CITY OF IOWA CITY, IOWA: ~reby amended by deleting subsection (C) bstituting the following as a separate and on: status shall apply to any person who is ndividual who has not attained the age City Code is her~ amended by: substituting the oilowing in lieu thereof: AIDING OR 2-3-5 to read threaten, or interfi any person in the exercise or enjoyment of, or on account of his having exercised or en in the exercise or enjoyment of, ar right granted or protected by S. 2~5-1, or 2-5-3. SECTION III. Chapter 4 of 2 of the City Code is hereby a. Adding a new "B" to Section 2-4-1 to read as B. Upon the filing a complaint the Commission shall acknowledging filing and advising the complainant of forums provid, under the law. b. Deleting subpara! ~h "D" of Section 2-4-1 and substituting, in D. A claim unde~ this Title shall not be maintained unless a corn or encouraged any other person 2-3-1, 2-3-2, 2-3-3, 2-3-4, ,ded by: s: notioe on the complainant time limits and choice of thereof, the following: filed with the Commis- sion within, 1 80 days after the alleged discriminatory or unfair ~ice occurred. c. Relettering s~,bparagraphs "B", "C", "D" and "E" of Section 2-z~-1 as ", "D", "E" and "F," respectively. d. Amending subparagraph "A" of Section 2-z~-2 by deleting said section and substituting in lieu thereof, the following: Ordinance No. Page 2 certified mail on e. Amending Section After the filing of ,~rified complaint, a true copy shall be served within ten (10) days by K. In connection with housing Commission may, to vindicate the dent in an amount not to exceed tho,' Funds collected under this section shal City Treasury to the credit of the ge~ Adding a new Section 2-4-10 to read Section 2-4-10: CIVIL ACTION ELEC ~laints under Chapter 5 of this Title, the assess a civil penalty against the respon- :ablished by Code of Iowa Chapter 216.15A. ~ paid to the City of Iowa City for deposit to the fund. SING: A. A complainant, a respondent, o vetd person on whose behalf a complaint alleging a violation of Chapter 5 of this Title wa,~/~ may elect to have the claims asserted in that charge decided in a civil action. J 1. The particular party electi~ to have his or her ~ase decided in a civil rather than administra- tive action under Section 2-5-z~ (G)//must do so no later tha~ twenty (20) days after the date of receipt of the probable cause determina/t4on. In the event th.e C.or~mission makes such election, it must be made not later than twenty (27~ days after the date the det.~rmination was issued. 2. The person mak~[~g the election shall give. noti~ to the Commission and to all other complainants and responde/~ts to whom the election relates. 3. The election t~Y'have the charges of a complaint decked in a civil action as provided here, is available only if it is ~eged there has been a violation..of .Sectl~n 2-5-1 or 2-5-3. B. An aggriev~:l person may file a civil action in district coi~t not later than two (2) years after the occurrence or th/e/te. rmination of an alleged discriminatory housir~or real estate practice, whichev- er occurs last, to ~7btain appropriate relief with respect to the disc~,minatory housing or real estate practice or breac~Yof a conciliation agreement. 1. The/tWo (2) year period does not include the time betwe_e_.n__~._h,e filing of a housing or real estate practic( fdiscrimination complaint and the disposition of that comp~int by the Commission. 2. A aggrieved person may file an action under this section wheth~ or not a discriminatory housing or estate complaint has been fed under Sect on 2-5-1 and/or Sect. i.gn 2-5-3, and without regard to status of any discriminatory housing or real estate complaint filed under those Sections, but: If the Commission has obtained a conciliation agreement with the consent of an aggrieved persol aggrieved person shall not file an action under this section with respect to the alleged discri practice that forms the basis for the complaint except to enforce the terms of the agr~ ment. b. An aggrieved person shall not file an action under this section with respect to an alleged di y housing or real estate practice that forms the basis of a probable cause determination is'sued by the Commission if the Commission has begun a hearing on the record under this chapter with respect to the charge. ~erson against whom the complaint is filed. y adding a new subsection "B" to read as follows: ,." B. Upon the filing of a ~laint the Commission shall promptly serve the respon- dent or person char the commission of a discriminatory housing advising them of his or her proc( ural rights and obligations under the law or together with a copy of the compl; int. f. Amending Section 2-4-2 by ling a new subsection "C" to read as f~ C. The Commission ;rice proceedings with respect to the ~laint before the end of the 30th day after rece~ ~f the complaint. g. Relettering subparagraphs "B", ', "D" and "E" of Section 2-4 as "D", "E", "F" and "G" respectively. h. Amending Section 2-4-3 by adding new subsection "E" to as follows: E. In connection with housing dis imination complaints Chapter 5 of this Title, the Commission shall make final adm aistrative dis a complaint within one year of the date of receipt of a corn it is impr. :able to do so. If the Commission is unable to do so, it shall notify complainant respondent in writing. i. Amending Section 2-z~-5 by adding a subsecti, "K" to read as follows: Ordinance No. Page 3 k. Adding a new 1 to read as follows: Section 2-4-1 1: ~ROCEEDINGS-HOUSING: A. 1. If timely ~n is made under Section 2-4-10(A), the Commission shall authorize, not later than thirty days the election is made, the filing of a civil action on behalf of the complainant in district COL and the City Attorney, or its designated agent, shall commence and maintain such action. 2. An aggrieved may intervene in the action. 3. If the district co :inds that a discriminatory housing or real estate practice has occurred or is about to occur t district court may grant as relief any relief that a court may grant in a civil action under ~ction D. 4. If monetary relief is s~ ~ght for the benefit of an aggrieved person who do( intervene in the civil action, the istrict court shall not award the monetary relie that aggrieved person has not complied discovery orders entered by the district c B. A commission order for remedial ction and a commission order that has bee t affirmed by judicial review, do not fact a contract, sale, encumbrance, that was consummated before the Commissi~ issued the order and involved a fide purchaser, encumbrancer, or tenant who did not C. If the Commission issues an order occurred in the course of a business agency, the Commission, not later than shall do all of the following: 1. Send copies of the findings and order to 2. Recommend to the governmental D. In an action under Section 2-4-1 discriminatory housing or real estate practi, court may award or issue to the plaintiff 1. Actual and punitive damages. 2. Reasonable attorney's fees. 3. Court costs. 4. Subject to subsection permanent o order, or other order, includi order enjoining or ordering appropriate af action. E. Relief granted und~ section does not affect that was consumr before the granting of the encumbrancer, or who did not have actual Title or a civil a( under this section. F. The city on behalf of the Commission or oth is issued, enforce the subpoena in appropriate G. A cou a civil action brought under this section, or hearin. section 2-5-4(G), may award reasonable and court costs against the nonprevailing party. ~ve actual notice of the char under this Title. ith respect to a discrimir housing practice that act to a licensing :ulation by a governmental rty days after of the issuance of the order, governmental agency. ~riate disciplinary action. O(B), if the district court finds that a occurred or is about to occur, the district more of the following: :emporary injunction, temporary restraining defendant from engaging in the practice contract, sale, encumbrance, or lease and involved a bona fide purchaser, of the filing of a complaint under this party at whose request a subpoena ings in district court. Commission in an administrative ¢'s fees to the prevailing party SECTI( IV. AMENDMENT. Chapter 5 of Title 2 of the City is hereby amended by: a. A~i~ending Section 2-5-1 by a,d, ding a new subs.e, ction "F" to ,s follows: J. For purposes of this title, aggrieved person includes any arson who: 1 ) clai/ffns to have been injured by a discriminatory housing practice; or 2) beli6~es that such person will be ir),j'ured by a discriminatory housing practice that is about t,o, o,,ccur. __ ~ Jb. Amending Section 2-5-1 by adding,,a new su,,bsection ,,G to read as follows: / G. For purposes of this Chapter, dwelling and/or housing accommb~ation" means any ~uilding, structure, or portion thereof which is occupied as, or designed or intended~or occupancy as, ~r'residence by one or more families, and any vacant land which is offered for salbkor lease for the construction or location thereon of any such building, structure, or portion thereof. ~ c. Amending Section 2-5-1 by adding a new subsection "H" as follows: ~ H. For purposes of this Chapter, "covered multifamily dwelling" means any of the. following: a. A building consisting of four or more dwelling units if the building has one or moreelevators. Ordinance No. Page 4 b. The ground floor unlt~ of a budding conslstlng of four or more units. d. Amending Section 2-5-2 5y deleting subparagraph "A" thereof and substituting th~ g: A. Any bona fide religioLs institution with respect to any qualifications it may based on religion, when these qualificat ons are related to a bona fide religious purpose unl( the religious institution owns or operates pro:~erty for a commercial purpose or membership the religion is restricted on account of age, ', creed, disability, gender identity, marital st~ familial status, national origin, race, sex, sexual entation, presence or absence of de public assistance source of income. e. Amending Section 2-5-2 by eleting subparagraph "C" thereof and g the following: C. Any nonprofit or organization operated, super~ or controlled by or in conjunction with a religious don, association, or society fr limiting the sale, rental or occupancy of dwellings which it own.~ or operates for other than a I purpose to persons of the same religion or from giving restricted on account of age, color, national origin, race, sex, sexual source of income. f. Amending Section 2-5-2 by E. Rooms or units in dwellings ence to such persons, unl, disability, gender id, on, presence OF abs~ membership in such religion is marital status, familial status, of dependents or public assistance subparagraph raining living thereof and substituting the following: occupied or intended to be occupied by no more than four families li' ng indepen. premises, or some portion there ~f, and a( exemption, 'Owner' shall be de interest in the property. g. Amending Section 2-5-2 by deleting h. Amending Section 2-5-2 by deletin¢ G. Nothing in this Title limits the appl number of occupants permitted to occupy familial status apply with respect to housir for older persons" means housing: 1. Provided under any State or assist elderly persons (as defined in State or of Housing and Urban Development 2. Intended for, and solel by, 3. Intended and operate( occupancy unit. In determining whether regulations promulgated by the following two criteria mt a. that at leas age or older per unit; and b. the publi of, and adherence to, intent by the owner or to provide housing for of each other, if the owner occupies the resides therein. For the purposes of this person having at least a fifty percent (50%) ragraph "F." ubparagraph "G" and substituting the following: bility of the City's restrictions regarding the maximum .~11ing. Nor does any provision in this Title regarding Iderpersons. For the purposes of this title "housing ram that is specifically designed and operated to deral program and as determined by the Secretary 'sons 62 years of age or older; or least one person 55 years of age or older per qualifies as h( sing for older person under this subsection, the Secretary of Housing d Urban Development shall apply and at least be present: percent of the units are ,ccupied by at least one person 55 years of es and procedures which demonstrate an )ns 55 years of age or older. However, suc housing may not otherwise be res1 cted on the basis of age, color, creed, disability, gender id( marital status, familial status, a~ional origin, race, religion, sex, sexual orientation, public a//sistance source of income or presence, oi~absence of dependents. i. Amending/~S(,ction 2-5-2 by deleting subparagraph H.% j. Amending Section 2-5-2 by deleting the introductory p~(agraph thereof and substituting the following: 2-5//2: EXCEPTIONS: The following are exempted fror~the provisions of this Title, except that paragraph C of Section 2-5-1 of this Title proh!bit_in~discrimination in advertising shall apply with regard to paragraphs B,,, D, and E of this Sect~)n. ,, ,, k. Amending Section 2-5-3 by deleting January 1, 1992" in subparagraph E and replacing it with "September 12, 1991 ". I. Amending Section 2-5-4 by deleting subparagraph "D" and sL~bstituting in lieu thereof the following: Ordinance No. Page 5 D. If the Commission concludes, following the filing of a complaint, that prom udicial action is necessary to carry out the purpose of this Title relating to unfair or housing or real estate practices, the Com~i%sion may authorize a civil action for appropriate tern or preliminary relief pending final dispo~ftion of the complaint and the City Attorney and/or a agent shall promptly commence and maintain such proceedings. m. Deleting Sectsion 2-5-5. SECTION V. REPEA ER. All ordinances and parts of ordinances in c( with the provisions of this Ordinance are repealed. SECTION Vl. ,BILITY. If any section, provision or part of Ordinance shall be adjudged to be invalid or unconstitu !onal, such adjudication shall not affect validity of the Ordinance as a whole or any section, ;ion or part thereof not adjudged inval or unconstitutional. SECTION VII. 'E DATE. This Ordinance shall be in ect after its final passage, approval and publication, as r ~y law. Passed and approved this day of ,1997. MAYOR ATTEST: CITY CLERK City Attorney's Office eleanor\hrc,ord