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HomeMy WebLinkAbout1997-07-29 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that public hearings will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 29th day of July, 1997, in the Civic Center Council Chambers, .410 E. Washington Street, Iowa City, Iowa; at which hearings the (~ncil will consider the following items: An ordinance amending Title 14, Chapter , entitled "Zoning," Article E, entitled "Commercial and Business Zones," Section 2, entitled "Neighborhood Commercial zone (CN-1)," to permit any retail or personal service use in the CN-1 zone with a size limitation to help ensure neighborhood compatibility. 2. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off Street Parking and Loading," to increase the parking requirements for residential uses in the CB-5, Central Business Support zone. Copies of the proposed ordinances are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARIAN K. KARR, CITY CLERK p pdadmin\7-2 9n ph.dc, c Prepared by: John Yapp, Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE E, ENTITLED 'COMMERCIAL AND BUSINESS ZONES," SECTION 2, ENTITLED "NEIGHBORHOOD COMMERCIAL ZONE (CN-1}," TO PERMIT ANY RETAIL OR PERSONAL SERVICE USE IN THE CN-1 ZONE, WITH A SIZE LIMITATION. WHEREAS, the economic viability of prop- erty zoned Neighborhood Commercial, CN-1, will be improved by permitting a wide variety of retail and personal service uses; and WHEREAS, a size limit of 2,000 square feet on retail and personal service uses not cur- rently permitted will help ensure they can be supported by the surrounding neighborhood, and will not attract excessive amounts of traf- fic from outside the neighborhood; and WHEREAS, uses currently permitted in the CN-1 zone, including barber shops and beauty parlors, laundromats, laundry and dry cleaning pickup and delivery services, shoe repair serv- ices, copy centers, drug stores, florist shops, variety stores, financial institutions, photofin- ishing services, retail bakeries, U.S. postal sta- tions, and video tape rental stores, and for which the CN-1 zone is targeted, continue to have no size limit; and WHEREAS, a retail Or personal service use not specifically permitted may exceed 2,000 square feet in size if the property owner ob- tains a special exception by demonstrating that the larger size of floor area will be compatible with the intent of the CN-1 zone; and WHEREAS, the neighborhoods of Iowa City will benefit from strengthening the design pro- visions in the CN-1 zone, which help ensure development in the CN-1 zone is compatible with surrounding residential development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones," Section 2, entitled "Neighborhood Commercial Zone (CN-1)," of the City Code be hereby amended by: Ordinance No. Page 2 1. Repealing "Permitted Uses," Section 14-6E- 2B in its entirety, .and adding a new Section 14-6E-2B to read as follows: 14-6E-2B: Permitted Uses 1. Barber shops and beauty parlors, laun- dromats, laundry and dry cleaning pickup and delivery services, shoe repair services. 2. Copy centers. 3. Drug stores, florist shops, and variety stores. 4. Financial institutions, branch offices. 5. Photofinishing services. 6. Retail bakeries. 7. U.S. postal stations 8. Video tape rental stores 9. Any other retail or personal service use limited to two thousand (2,000) square feet of floor area, except as listed under provisional uses and special exceptions in this section. 2. Amending Subsection 14-6E-2D, "Special Exceptions," to add the following subpara- graph: 14-6E-2D: Special Exceptions 9. A retail or personal service use greater than two thousand (2,000) square feet of floor area, provided the property owner or represen- tative demonstrates to the satisfaction of the Board of Adjustment that the larger size of floor area will be supportable by the residents of the surrounding neighborhoods, and will not compromise the intent of the Neighborhood Commercial zone. 3. Repealing Subparagraph 14-6E-2H2b "Design Provisions," in its entirety and adding a new subparagraph 14-6E-2H2b to read as follows: (b) Modular masonry materials, such as brick and concrete pavers, or gridded cast-in-place materials, such as exposed aggregate con- crete, are required as paving materials and ac- cents in order to define pedestrian walkways and to improve the appearance of paved areas. 4. Repealing Subparagraph 14-6E-2H2c "Design Provisions," in its entirety, and adding a new subparagraph 14-6E-2H2c to read as follows: (c) Pedestrian access to adjacent residential areas shall be required through the provision of sidewalks in addition to those located on adja- cent public streets where appropriate. 5. Repealing Subparagraph 14-6E-2H2j "Design Provisions," in its entirety, and adding a new subparaagraph 14-6E-2H2j to read as follows: Ordinance No. Page 3 (j) Blank, windowless walls shall be avoided on the fronts of buildings. Where the con- struction of a blank wall is necessary, the wall shall be articulated by at least one of the fol- lowing methods: changes in plane, building material, or color. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 part thereof not adjudged invalid or uncon- stitutional. 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 day of f 1997. MAYOR ATTEST: CITY' CLERK A roved b ,~~ ~//'"'~it~y V~orney,~'~ - i~ce ~ ~) jccogtp\cn-lzone.ord~doc City of iowa City MEMORANDUM Date: To: From: Re: July 3, 1997 Planning and Zoning Commission John Yapp, Associate Planner Proposed Neighborhood Commercial Zone (CN-1) Amendments In a June 19 memorandum to the Planning and Zoning Commission, Staff proposed to amend the Neighborhood Commercial Zone (CN-1) to permit any retail or personal service use in the CN-1 zone, with a size limit of 1,500 square feet. Uses currently permitted in the CN~I zone, and for which the CN-1 zone was originally intended, continue to have no size limitation. The uses which do not have a size limitation include barbershops, laundromats, laundry and dry cleaning pick-up, shoe repair services, copy centers, drugstores, florist shops, financial institutions, photo finishing services, retail bakeries, postal stations, and videotape rental stores. Staff proposes to permit any other retail or personal service use in the CN-1 zone, with a size limitation, because we recognize that the current list of permitted uses may limit the ability of a neighborhood commercial center to function in a variety of neighborhoods and market conditions. The proposed 1,500 square foot size limit is based on national and local trends regarding the size of retail and personal service shops, as outlined in the June 19 staff report. Finally, staff has recommended that a use not specifically permitted to exceed the 1,500 square foot size limitation will be permitted to with a special exception. The special exception process will allow the City to review each case individually, to determine if the business remains neighborhood oriented even with a larger size. Please refer to the June 19 staff report for the ordinance language proposed by staff. City of Iowa City MEMORANDUM Date: July 3, 1997 To: From: Re: Planning and Zoning Commission John Yapp, Associate Planner -'~ Retail Shop Sizes in Iowa City I've listed a variety of retail shops in Iowa City the zone they are found in, and their size. This list is a sampling; it is not comprehensive nor is it meant to represent an 'average' size. This list is meant to give the Commissioners a better idea of the scale of shops they may be familiar with. Please note that many of the shops in this list, such as a food shop, laundry, or video shop, would not have a size limit under staff's proposal because they are a specifically permitted use in the CN-1 zone. Business The Fun Zone (Toys) Potpurri - (Kitchen Wares) Dairy Queen Jean Bear's Salon Roger's Shoe Repair That's Rentertainment (Video) Lorenz Boot Shop Unoccupied Retail Store Catherine's (Women's Clothes) Dulcinea (Women's Clothes) Eicher's Florist Artifacts (Furniture, Art) Heyn's Ice Creama First Avenue Laundryb Play-It-Again Sports (Sport Equip) QuikTrip° Bolckbuster Videob Land's End Outlet Staples (Office Supplies) a b Location Zone 105 S. Dubuque St. CB-10 115 S. Dubuque St. CB-10 212 E. Market St. CB-2 359 N. First Ave. CN-1 911 S. First Ave. CC-2 363 N. First Ave. CN-1 132 S. Clinton St. CB~10 Scott Court CN-1 7 S. Dubuque St. CB-10 2. S. Dubuque St. CB-10 532 N. Dodge St. CN-1 331 E. Market St. CB-2 811 S. First Ave. CC-2 805 S. First Ave. CC-2 First Avenue Mini Mall CC-2 955 Mormon Trek Blvd. CN-1 1705 Boyrum St. CC-2 10 S. Clinton St. CB-10 911 Highway 1 West CC-2 Size 450 SF 930 SF 950 SF 1,025 SF 1,100 SF 1,171 SF 1 200 SF 1,232 SF 1,300 SF 1 440 SF 1 449 SF 1 642 SF 1 875 SF 2 500 SF 2 500 SF 2 750 SF 6,500 SF 10,500 SF 23,940 SF This use would be permitted under the current CN-1 regulations as well as staff's proposal. A food service use is permitted as a restaurant, with a maximum square footage of 2,500 square feet. These uses would be permitted under staff's proposal. Uses currently permitted in the CN-1 zone without a size limitation would continue to be permitted without a size limitation. The QuikTrip is permitted as a grocery store. Grocery stores, including specialty foods such bakery and delicatessen goods, are permitted in the CN-1 zone up to 30,000 square feet, in size. STAFF REPORT To: Planning and Zoning Commission Item: REZ97-0OO6. Walden Square Prepared by: John Yapp Date: June 19, 1997 GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Transportation: Physical characteristics: Southgate Development Company, Inc. 325 E. Washington Street PO Box 1907 Iowa City, Iowa 52244 Harry Wolf (319) 337-4195 Rezoning from CN-1 to CC-2 To allow for more uses to be permitted in the Walden Square development Lot 5, Walden Square Shopping Center, east of Mormon Trek Boulevard and north of Westwinds Drive. 4.806 acres Neighborhood Commercial; CN-1 North: Multi-family residential; RM-12 ,South: Neighborhood commercial; CN- 1 East: Single-family residential; RS-5 West: Multi-family residential; RM-12 Residential, 8-16 dwelling units/acre May 28, 1997 July 12, 1997 Municipal water and sewer are available. Municipal fire and police protection are provided by the City. Transit service is provided by the Westwinds route. The property is being developed as a neighborhood commercial center, and is relatively flat. 2 BACKGROUND INFORMATION: The applicant, Southgate Development Company, Inc., is requesting that Lot 5 of Walden Square Subdivision, Part 2, a 4.806-acre lot, be rezoned from CN-1, Neighborhood Commercial, to CC-2, Community Commercial. This 4.806-acre lot is part of a 10-acre CN-1 zone at the intersection of Mormon Trek Boulevard at Westwinds Drive. This CN-1 zone is currently occupied by Quik Trip, Fairway Foods, and the University of Iowa Community Credit Union. A retail neighborhood-scale shopping center is being constructed on Lot 5. The applicant's request for a rezoning is apparently related to interested tenants wishing to locate is the Walden Square shopping center which are not currently permitted in the CN-1 zone, such as a compact disk store. ANALYSIS: Intent of the CN-1 Zone The Neighborhood Commercial Zone (CN-1) is intended to permit the development of retail sales and personal services required to meet the day-to-day needs of a fully developed residential neighborhood. Stores, businesses and offices in the zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby population, and should not draw community-wide patronage. A grocery store or grocery store/drugstore combination is favored as the principal tenant in a neighborhood commercial zone. In general, the CN-1 zone is intended for the grouping of small retail businesses and office uses which are relatively nuisance-free to surrounding residences and which do not detract from the residential purpose and character of the surrounding neighborhood. The Walden Square development on Lot 5 was designed according to the design provisions in the CN-1 zone. These provisions include guidelines for pedestrian accessibility, bicycle parking facilities, parking lot layout, building design guidelines, landscaping, and screening. The result of the design provisions is that the development will be better integrated and more accessible from the surrounding neighborhood than it otherwise might have been. If the property were rezoned to CC-2, the property would not benefit from neighborhood commercial design provisions if it redevelops in the future. The limited mix of uses permitted in the CN-1 zone is meant to ensure that uses related to the day-to-day needs of nearby residents are met. These uses include laundromats, barbershops and beauty salons, copy centers, drugstores, etc. (for a complete list of permitted uses, see attached City Code Section 14-6E-2). The limited size of the CN-1 zone (7-10 acres maximum) and the limited size of some uses within the zone help ensure the businesses within the CN-1 zone do not need to depend on community-wide patronage for survival, and do not generate large amounts of traffic traveling through the neighborhood. While it is appropriate for the city to periodically review the CN-1 zone to make sure the uses permitted meet the changing needs of our neighborhoods, it is not appropriate to rezone land which has been developed under CN-1 zone guidelines just to accommodate specific land uses. Intent of the CC-2 Zone The Community Commercial Zone (CC-2), which the applicant has requested, is intended to provide for major business districts to serve a significant segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators requiring access from major thoroughfares, and certain permitted uses may have limited outdoor activities. Permitted uses include all business and personal service establishments, clubs, food lockers, meeting halls, and most office uses and retail establishments. There are not any size restrictions for the CC-2 zone or for most of the uses within the CC-2 zone. The CC-2 zone also requires more area devoted to parldng than the CN-1 zone, as the CC-2 more automobile oriented. It is clearly the intent of the CC-2 zone to provide for areas adjacent to major arterial streets for large traffic generators to do business without disrupting residential neighborhoods. A typical CC-2 zone in Iowa City is Pepperwood Plaza on Highway 6, which contains Econofoods, K-Mart, and Best-Buy, as well as numerous specialty shops. When designating locations for the CC-2 zone, the City generally zones adjacent land for intermediate intensity to provide a transition to residential areas. Analysis of the Rezoning Request Rezoning Lot 5 of Walden Square Subdivision, Part 2 to CC-2, Community Commercial, would allow uses within this area not intended for a neighborhood commercial center, such as a club. Rezoning the lot to CC-2 would also remove size restrictions on certain uses, such as restaurants, offices, and grocery stores. More paving in the parking lot would also be required if the site is zoned CC~2 and redevelops. In addition, design provisions meant to · ensure neighborhood compatibility, would no longer apply. Although the lot is currently being developed in accordance with CN-1 design guidelines, it is important to make sure future redevelopment of the site is also compatible with the surrounding residential neighborhoods. Finally, if there are uses appropriate for a neighborhood commercial center which are not currently permitted, it is more appropriate to amend the CN-1 zone than to rezone a property to CC-2, which would allow large traffic generators and a scale of uses not intended to be in a neighborhood commercial center. For these reasons, staff recommends that the rezoning request be denied. Uses Appropriate in the CN-1 Zone While reviewing this rezoning request, staff considered whether or not the uses permitted within the CN-1 zone are adequate to be useful to a majority of neighborhood residents, and to provide enough flexibility in permitted uses to allow for a successful shopping center in a variety of neighborhood and market conditions. Staff recognizes that the current mix of uses currently permitted in the CN-1 zone is limited, and finds that it may be beneficial to permit a wider variety of retail and personal service uses. If a wide variety of retail uses is permitted, it is important to limit the size of each use to ensure it can be supported by the surrounding residential neighborhoods, and does not attract excessive amounts of traffic from outside the neighborhood. This approach is used in other city's staff has researched, including Portland, Oregon, and Shorewood Hills, Wisconsin. Staff recommends that all retail and personal service uses be permitted in the CN-1 zone, with size restrictions. This would give the CN~I zone more flexibility, and would permit retail and service uses not contemplated when the ordinance was first drafted in 1983. For example, in 1989 the ordinance was amended to permit videotape rental stores, a use which was uncommon in the early 1980's. Opening up a variety of retail and service uses to the CN-1 zone would also allow each CN-1 zone to better adapt to the needs of it's service area. A quote from The Community Builders Handbook, published by the Urban Land Institute, speaks to the dangers of permitted only certain uses in a shopping center: A listing of tenant classifications by kind of center is inadvisable because shopping centers must not only be designed to fit their individual trade area characteristics but also to include the circumstances of leasing, financing, and tenant availability. Comparison between centers can be misleading because a particular tenant could be successful in one center and a total loss to another. The selection of store types must be left to the individual case because the income range and character of tributary populations, the expectancy of walk-in trade... merchandising methods, etc., vary greatly for different site conditions... The list of permitted uses in the CN-1 zone includes those uses which traditionally meet the day-to-day needs of most residents. Because different households and neighborhoods have various needs, and because those needs change over time, permitting a range of retail and service uses will allow for a more flexible commercial area, able to meet changing needs. If the CN-1 zone is amended to allow any retail or personal service use, the zone will change from one designed to permit only those uses which traditionally meet the day-to-day needs of residents to one that permits a wide variety of smaller-scale retail and personal service uses, designed to be compatible with the surrounding neighborhood. Sizes Appropriate for. Uses in the CN-1 Zone If the Commission agrees that any retail or personal service use might be appropriate in the CN-1 zone, staff believes that they should be limited in size to help ensure the use remains neighborhood oriented, and does not need to rely on a trade area from outside of the surrounding neighborhoods for survival. An Urban Land Institute study, The Dollars and Cents of Shopping Centers, reports that in 1990 the median square footage of retail tenants most frequently found in U.S. neighborhood shopping centers is 2,138 SF for clothing and accessories stores, 2,,$10 SF for gift and other specialty stores, 1,330 SF for other retail stores such as flower shops, and 1,340 SF for personal service stores. The trend in Iowa City shows that retail shops in neighborhood commercial centers are slightly smaller in size than the national average. A sampling of retail and personal service shops which are permitted in Iowa City's CN-1 zone is below: Business Location Size Rentertainment Rochester/First Avenue 1,171 SF Jean Bear's Salon Rochester/First Avenue 1,025 SF Roger's Shoe Repair Muscatine/First Avenue 1,1 O0 SF Heyn's Ice Cream Muscatine/First Avenue 1,875 SF Laundromat Muscatine/First Avenue 2,500 SF Eicher's Florist Dodge/Church 1,449 SF Retail Store Space* Scott Court 1,232 SF '~ This building is currently under construction, and has not yet been occupied. It is difficult to know how much space different types of businesses will need to remain viable, without needing to attract community-wide patronage to survive. The national and local trends for retail and personal service businesses show that neighborhood oriented businesses will need between 1,000 and 2,500 square feet, depending on the business. For example, a laundry will typically require more space than a barber, because of space-intensive equipment. Staff recommends that the uses currently permitted in the CN-1 zone, and for which the CN-1 zone is targeted, remain permitted without size restrictions, and that any other retail or personal service use be permitted with a maximum size of 1,500 SF in floor area. The floor area includes the total area of all floors of a building, including the basement. The floor area does not include garages, porches, balconies or other appurtenances. Because some uses will require more space, and because the City cannot foresee all the uses that might be in demand by neighborhoods now or in the future, staff recommends that a use will be permitted to exceed the 1,500 SF limit with a special exception. The special exception will allow the City to review each case individually, to determine if the business remains neighborhood oriented even with a larger size. Design Provisions in the CN-1 Zone If the CN-1 zone is permitted to have more retail and personal service uses, it may be valuable to strengthen some of the language in the design provisions. For example, the 5 design provisions section of the CN-1 zone states that "Modular masonry materials... are encouraged," and "pedestrian access to adjacent residential areas shall be encouraged" (italics added). Staff is not proposing any new design provisions, but recommends that the design provisions which are now encouraged be made mandatory. This will help ensure that the neighborhood commercial development benefits the neighborhood and the City in its appearance and its accessibility. STAFF RECOMMENDATION: Staff recommends that REZ97-0006, a request to rezone a 4.806-acre lot, Lot 5 of Walden Square Subdivision, Part 2, from CN-1, Neighborhood Commercial, to CC-2, Community Commercial, be denied. Staff recommends that the CN-1 zone be amended to allow for a wider range of retail and personal service uses, with size limitations to ensure their neighborhood orientation. If there is interest on the Commission on adopting the recommended code amendments, staff recommends they be considered at the July 3 Planning and Zoning Commission meeting. This will give staff time to notify the public of the proposed code amendments (Currently, the public is being notified of the rezoning application). Proposed additions to the CN-1 zone are shown in bold, and proposed deletions are crossed out. 14-6E-2B: Permitted Uses 1. Barbershops and beauty parlors, laundromats, laundry and dry cleaning pick-up and delivery services, shoe repair services. 2. Copy centers. 3. Drugstores, florist shops and variety stores. 4. financial institutions, branch offices. 5. Gift and novelty shops limitcd to one thousand (1,000) square feet of floor area. Photo finishing services. 6. Ice cream/yogurt stores limited to one thousand (1,000) square feet of floor area. Retail bakeries. 7. U.S. Postal station. 8. Videotape rental store. Any other retail or personal service use limited to one thousand five hundred (1,500) square feet of floor area, except as listed under Provisional uses and Special Exceptions in this Section. 14-6E-2D: Special Exceptions: 9. A retail or personal service use greater than one thousand five hundred square feet (1,500) in floor area, provided the property owner or representative demonstrates to the satisfaction of the Board of Adjustment that the larger size of floor area will be supportable by the residents of the surrounding neighborhoods, and will not compromise the intent of the neighborhood commercial zone. 14-6H-2H: Design Provisions: 2b. Modular masonry materials, such as brick and concrete pavers, or gridded cast-in- place materials, such as exposed aggregate concrete, are encouraged required as paving materials and accents in order to define pedestrian walkways and to improve the appearance of paved areas. 2c. Pedestrian access to adjacent residential areas shall be encouraged required through the provision of sidewalks in addition to those located on adjacent public streets where appropriate. 2j. Blank, windowless walls shou!d shall be avoided on the fronts of buildings. Where the construction of a blank wall is necessary, the wall should be articulated by at least one of the following methods: changes in plane, building material, or color. ATTACHMENTS: 1. Location Map. 2. Section 14-6E-2 of the Zoning Code. 3. Statement from the applicant. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development MELROSE AVE RS 5 WEST HIGH SCHOOL P JSITE LOCATION RS pn~ ~~~.L~,~:~ ,---~ LOCATION NAP 14-6E-1 14-6 E-2 c. Floor Area Ratio: 1. General Provisions: All principal and accessory uses permitted in this Zone are subject to the requirements of Articles L through V of this Chapter, Said Articles are indicated as follows: 1.'Accessory Uses And Requirements: See Articles M through P of this Chap- ter, a. Permitted Accessory Uses And Buildings: See Section 14-6M-1 of this Chapter. b. Accessory Use And Building Requirements: See Section 14-6M-2 of this Chapter. c. Off-Street Parking Requirements: See Section 14-6N-1 of this Chapter. d. Off-Street Loading Require- ments: See Section 14-6N-2 of this Chapter. e. Sign Regulations: See Article O of this Chapter. f. Fence Regulations: See Article P of this Chapter. 2. Dimensional Requirements: See Article Q of this Chapter. 3. Tree Regulations: See Article R of this Chapter. 4. Performance Standards: See Article S of this Chapter. 5. Nonconforming Uses, Structures And Land: See Article T of this Chap- ter. G. Special Provisions: 1. Religious institutions which existed on August 7, 1962, shall be exempt from and may expand without compli- ance with the dimensional require- ments or the off-street parking re- quirements. 2. Hospitals which existed on August 7, 1962, shall be exempt from and may expand without compliance with the dimensional requirements. 3. Buildings on lots across the street from RM, C or I Zones may be in- creased in height according to the provisions of subsection 14-6Q-5B of this Chapter, except an additional front yard setback need not be provid- ed. Additional side and rear yard set- backs shall apply. The minimum sepa- ration between the building and the front lot line of the lot across the street must, however, be two feet (2') for each one foot (1') of height. In addition, the floor area ratio (FAR) may be increased to three (3). (1978 Code §36-17; 1994 Code) 14-6E-2: NEIGHBORHOOD COMMER. CIAL ZONE (CN.1): Intent: The Neighborhood Commercial Zone (CN-1) is intended to permit the development of retail sales and per- sonal services required to meet the day-to-day needs of a fully developed residential neighborhood. Stores, businesses and offices in this Zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby population, and should not draw com- munity-wide patronage. A grocery Iowa City 497 14-6E-2 14-6 E-2 store or grocery store/drugstore com- bination is favored as the principal tenant in a Neighborhood Commercial Zone. In general, the CN-1 Zone is intended for the grouping of a grocery store and small retail businesses and office uses which are relatively nui- sance-free to surrounding residences and which do not detract from the residential purpose and character of the surrounding neighborhood. The location and development of neighbor- hood commercial sites should follow the criteria set forth for such sites in the Comprehensive Plan, as amend- ed. Permitted Uses: 1. Barbershops and beauty parlors, laundromats, laundry and dry cleaning pick-up and delivery services, shoe repair services. 2. Copy centers. 3. Drugstores, florist shops and vari- ety stores. 4. Financial institutions, branch offic- es. 5. Gift and novelty shops limited to one thousand (1,000) square feet of floor area. 6. Ice cream/yogurt stores limited to one thousand (1,000) square feet of floor area. 7. Photo finishing services. 8. Retail bakeries. 9. U.S. Postal station. 10. Videotape rental 94-3626, 6-14-1994) store. (Ord. Provisional Uses: 1. Child care centers, subject to the requirements of Article L of this Chap- ter. (Ord. 97-3773, 2-3-1997) 2. Grocery stores, including specialty foods such as bakery and delicates- sen goods, provided the floor area of a grocery store shall not exceed thirty thousand (30,000) square feet. 3. Neighborhood super store. A gro- cery store which includes departments for goods and services permitted in the CN-1 Zone and is greater than thirty thousand (30,000) square feet but no more than forty thousand (40,000) square feet. Floor area over thirty thousand (30,000) square feet shall be departmentalized for nonfood products and services. 4. Offices limited to dental practices, general medical practices, insurance agencies, chiropractic clinics, real estate agencies, travel agencies, accounting practices, and law offices, provided: a. No office establishment shall occupy more than two thousand four hundred (2,400) square feet of floor area. b. The ground floor area of office uses within an area zoned CN-1 shall not exceed fifteen percent (15%) of the total floor area, either existing or proposed, in the Zone. In determining the area zoned CN-1, any streets contained in the Zone shall be disre- garded. 497 Iowa City 14-6E-2 14-6E-2 c. The total floor area of all office uses within an area zoned CN-1 (in- cluding ground floor, second floor and below grade floor area) shall not ex- ceed thirty percent (30%) of the total floor area, either existing or proposed, in the Zone. In determining the area zoned CN-1, any streets contained in the Zone shall be disregarded. d. The location of the building in which the office is located does not diminish convenient access to retail sales and personal service business- es. (Ord. 94-3626, 6-14-1994) 5. Restaurants, provided the floor area does not exceed two thousand five hundred (2,500) square feet for any one restaurant, and the total floor area allocated to restaurant uses will not exceed twenty percent (20%) of the total commercial floor area in a CN-1 Zone. (Ord. 94-3654, 12-13-1994) Special Exceptions: 1. Dwellings located above the ground floor of another principal use permit- ted in this Zone, provided the density does not exceed one dwelling unit per one thousand eight hundred (1,800) square feet of lot area. A maximum of one roomer may reside in each dwell- ing unit. 2. Drive-in facilities for financial insti- tutions. (Ord. 94-3626, 6-14-1994) 3. Filling stations, provided no part of the filling station site shall be located within one hundred feet (100') of an R Zone boundary. One-bay car washes are allowed as an accessory use to a filling station. (Ord. 94-3654, 12-13-1994) 4. Offices, other than those permitted by subsection 14-6E-2C4 of this Arti- cle, which do not carry on retail trade activities and do not maintain a stock of goods for sale to customers except for those retail establishments specifi- cally allowed in this Zone, subject to the requirements of subsection 14-6E-2C4a through d of this Article. 5. Religious institutions. (Ord. 94-3626, 6-14-1994) 6. Restaurants that exceed two thou- sand five hundred (2,500) square feet in floor area, except the total floor area allocated to restaurant uses will not exceed twenty percent (20%) of the total commercial floor area in a CN-1 Zone. (Ord. 94-3654, 12-13-1994) 7. Schools, specialized private instruc- tion. (Ord. 94-3626, 6-14-1994) 8. Adult day care, subject to the re- quirements of Article L of this Chap- ter. (Ord. 95-3705, 12-19-1995) Dimensional Requirements: 1. Minimum Lot Area: None. 2. Minimum Lot Width: None. 3. Minimum Lot Frontage: None. 4. Minimum Yards: a. Front: 20 feet. b. Side: None. c. Rear: None. Iowa City 497 14-6E-2 5. Maximum Building Bulk: a. Height: 25 feet. b. Lot Coverage; None. c. Floor Area Ratio: 1. General Provisions: All principal and accessory uses permitted within this Zone are subject to the requirements of Articles L through U of this Chapter. Said Articles are indicated as follows: 1, Accessory Uses And Requirements: See Articles M through P of this Chap- ter. a. Permitted Accessory Uses And Buildings: See Section 14-6M-1 of this Chapter. b. Accessory Uses And Building Regulations: See Section 14-6M-2 of this Chapter. c. Off-Street Parking Requirements: See Section 14-6N-1 of this Chapter. d. Off-Street Loading Require- ments: See Section 14-6N-2 of this Chapter. e. Sign Regulations: See Article O of this Chapter. f. Fence Regulations: See Article P of this Chapter. 2. General Provisions: See Articles Q through V of this Chapter. a. Dimensional Requirements: See Article Q of this Chapter. 14-6E-2 b. Tree Regulations: See Article R of this Chapter. c. Performance Standards: See Article S of this Chapter. d. Nonconformities: See Article T of this Chapter. G. Special Provisions: 1. In no instance shall an area zoned CN-1 be less than three (3) acres or more than ten (10) acres. 2. A plan showing the general design of the proposed development must be submitted with any rezoning that re- sults in a CN-1 Zone greater than seven (7) acres in size. The plan shall include provisions for landscaping, screening and buffering between the proposed commercial development and adjacent residential zones, and building elevations. H. Design Provisions: 1. The following design provisions are intended to help ensure that this Zone develops in a manner which is com- patible with adjacent residential neigh- borhoods and which encourages pe- destrian access to the Zone and with- in the Zone. 2. Prior to receiving a building permit for any development, a developer must submit a site plan which com- plies with the requirements of Chapter 5, Article H of this Title, Site Plan Review. Prior to submitting a request for site plan review, the developer 'shall participate in a pre-application conference with the Director of Plan- ning and Community Development to 497 Iowa City 14-6E-2 14-6E-2 discuss the application of the design provisions to the subject property. The following design guidelines will be applied during the site plan review process, in addition to the design standards set forth in Chapter 5, Arti- cle H of this Title. Alternative design solutions may be approved if it is demonstrated that the alternative meets the intent of this Section: a. Bicycle parking facilities shall be located in convenient areas of the development and shall be located so as not to impede pedestrian or vehicu- lar traffic. b. Modular masonry materials, such as brick and concrete pavers, or gridded cast-in-place materials, such as exposed aggregate concrete, are encouraged as paving materials and accents in order to define pedestrian walkways and to improve the appear- ance of paved areas. c. Pedestrian access to adjacent residential areas shall be encouraged through the provision of sidewalks in addition to those located on adjacent public streets where appropriate. d. Pedestrian access between the uses located in this Zone shall be encouraged by the location of side- walks and other pedestrian-designated routes. e. Parking lot layout shall take pedestrian circulation into consider- ation: pedestrian crosswalks shall be provided, where necessary and appro- priate, shall be permanently designat- ed with materials such as textured or brick paving, and shall be integrated into the wider network of pedestrian walkways. Pavement textures are encouraged elsewhere in the parking lot, as sudace materials, or as ac- cents. f. The ends of parking aisles shall contain landscaped islands. g. Areas which are not used for vehicular and pedestrian access or parking shall be landscaped. h. Buildings in the Zone shall relate to one another, both functionally and visually, and shall encourage pedestri- an activity. A development with multi- ple buildings may be organized around features such as courtyards with trees, greens or quadrangles. i. Buildings shall avoid uninterrupt- ed wall or roof planes. Building wall offsets, including both projections and recesses, and changes in floor level shall be used in order to add architec- tural interest and variety, and to re- lieve the visual effect of a single, long wall. Similarly, roofline offsets shall be provided in order to provide architec- tural interest and variety to the mass- ing of a building and to relieve the effect of a single, long roof. j. Blank, windowless walls should be avoided on the fronts of buildings. Where the construction of a blank wall is necessary, the wall should be artic- ulated by at least one of the following methods: changes in plane, building material or color. k. Air conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications receiv- ing devices shall be screened from Iowa City 497 14-6E-2 view from the public right of way and from adjacent properties, by using walls, fencing, roof elements, pent- house-type screening devices or land- scaping. (Ord. 94-3626, 6-14-1994) Do 14-6E-3: HIGHWAY COMMERCIAL ZONE (CH-1): Intent: The Highway Commercial Zone (CH-1) is intended to permit develop- ment of service uses relating to ex- pressways or along other major arteri- al thoroughfares. At certain access points, food, lodging, motor vehicle service and fuel can be made conve- niently available to the thoroughfare user. B. Permitted Uses: 1. Auto- and truck-oriented uses. 2. Commercial recreational facilities. 3. Dairy products processing and packaging. 4. Hotels, motels and convention facil- ities. 5. Office uses allowed in the CO-1 Zone1. 6. Restaurants. C. Provisional Uses: 1. Retail establishments associated with the uses allowed in this Zone, provided not more than fifty percent (50%) of the total ground floor area shall be devoted to the retail display of merchandise. (1978 Code {}36-22; 1994 Code) 1. See subsection 14-6E~1B of this Article. 497 Iowa City 14-6E-3 2. Child care centers, subject to the requirements of Article L of this Chap- ter. (Ord. 97-3773, 2-3-1997) Special Exceptions: 1. Schools, specialized private instruc- tion. 2. Transient housing. Dimensional Requirements: 1. Minimum Lot Area: None. 2. Minimum Lot Width: 100 feet. 3. Minimum Lot Frontage: None. 4. Minimum Yards: a. Front: 20 feet. b. Side: None. c. Rear: None. 5. Maximum Building Bulk: a. Height: None. b. Lot Coverage: None. c. Floor Area Ratio: 1. General Provisions: All principal and accessory uses permitted in this Zone are subject to the requirements of Articles L through U of this Chapter. Said Articles are indicated as follows: 1. Accessory Uses And Requirements: See Articles M through P of this Chap- ter. 11. The applicant, Southgate Development Company, Inc., believes the rezoning of this parcel from CN1 to CC2 is appropriate based upon the size and layout ok'the site, the site's location in relationship to major roadway systems, and the market tbrces currently indicating those users interested in locating at the site. Prior to the comprehensive plan amendment in the early 1980's, this site was zoned the predecessor of CC2. Original concepts for the site assumed a development designed to serve a significant segment of the entire population of the area. With the rezoning to CN 1 the applicant has attempted to design a development consistent with the zone and its subsequent amendments. Recent leasing activities have once again convinced the applicant that the project, although designed to comply with the intent of the CN! zone, appeals to a broader cross section of tenants more appropriate tbr CC2. We find the CNI zone very. narrow in its focus and i~rflexible in its application. We believe that with the project as designed and approved, and the road system in place, the market can better determine the appropriate ~nix of users under the CC2 zone, and the community will be better served by the results. NOTICE OF PUBLIC HEARING Notice is hereby given that public hearings will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 29th day of July, 1997, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearings the Council will consider the following items: 1. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article E, entitled "Commemial and Business Zones," Section 2, entitled "Neighborhood Commercial zone (CN-1)," to permit any retail or personal service use in the CN-1 zone with a size limitation to help ensure neighborhood Qcompatibility. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off Street Parking and Loading," to increase the parking requirements for residential uses in the CB-5, Central Business Support zone. Copies of the proposed ordinances are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin\7-29nph.doc Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE N, ENTITLED "OFF-STREET PARKING AND LOADING," TO INCREASE THE PARKING REQUIREMENTS FOR RESIDENTIAL USES IN THE CB-5, CENTRAL BUSINESS SUPPORT ZONE. WHEREAS, the City Council has determined that demand for parking spaces for residential uses in the CB-5, Central Business Support Zone, is similar to parking demands in other residential zones; and WHEREAS, the Planning and Zoning Commission has considered amendments to the parking requirements for the residential uses in the CB-5 zone and has recommended that they be the same as in other residential zones. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. AMENDMENT. Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," Section 1, entitled "Off- Street Parking Requirements" of the City Code be hereby amended as follows: Repealing in its entirety Section 14-6N-1. J.l.e., required number of off-street parking spaces for multi-family dwellings, and adopting in lieu thereof a new subsection 14-6N-1 .J.1 .e. Principal Use e. Multi-family dwellings Zone 1. Where permitted except PRM. Number of Spaces According to the following table: # of Bicycle Unit Tvpe Parkin.cl Spaces Parkinc~* efficiency 1 0.5/D.U. 1 bedroom 1 0.5/D.U. 2 bedroom 2 O.5/D.U. 3 bedroom 2 1.0/D.U. 4 bedroom 3 1.0/D.U. 5 bedroom 4 1.5/D.U. *Expressed as number of dwelling un/ts or percentage of automobile park/ng. Ordinance No. Page 2 Zone 2, PRM Number of Spaces According to the following table: # of Bicycle Unit TvDe Parkin.a Spaces Parkin~~ efficiency 1 1.0/D.U. 1 bedroom 1 1.0/D.U. 2 bedrooms or more 2 1.0/D.U. ~ Expressed as number of dwelling units or percentage of autornobi/e parldng. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance 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 ppdadmin/ord/cb-Szone,doc City of iowa City ,'7 EM ORAN DLI Date: June 13, 1997 To: The Planning & Zoning Commission From: Robert Miklo, Senior Planner Re: Parking Requirements for Residential Uses in the CB-5 Zone The City Council and members of the Planning & Zoning Commission have expressed a concern that residential development south of Burlington Street is having an impact on downtown parking situation. Council recently discussed this concern and has decided to explore amending the parking requirements for residential uses in the CB-5 zone to require the same amount of parking spaces as required for RM, multi-family zones. See the attached memos from Karin Franklin dated May 7 and May 1 regarding this issue. Currently the within CB-5 zone residential development's are only required to provide one parking space per unit for efficiencies and one-bedrooms and one and a half parking spaces per unit for dwellings containing two or more bedrooms. It is proposed that efficiencies and one bedrooms continue to be required to provide one parking space per unit, but that two and three bedroom units be required to provide two parking spaces; four bedroom units be required to provide three parking spaces and five bedroom units be required to provide four parking spaces per unit. As discussed in the attached memos the Council is also considering amending the parking impact fee for residential uses in the CB-5 zone. The Planning & Zoning Commission should consider the proposed increase in parking requirements for residential uses in the CB-5 zone and make a recommendation to the Council. Im\rm6-13-2.doc NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 29th day of July, 1997, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: An ordinance amending Title 14, "Unified Development Code" of the City Code by amending Chapter 9, Article A, entitled "Parking Facility Impact Fee" to revise the formula for payment in the CB-5 zone. Copies of the proposed ordinance are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, .Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppddir\7-29nph.do¢ City of Iowa City MEMORANDUM Date: To: From: Re: May 7, 1997 Karin Franklin, Director, Residential Parking Facility Impact Fee -- Near Southside In response to the discussion at your May 5 work session, we will proceed with amendments to the Zoning Ordinance and the Parking Facility Impact Fee ordinance. The Zoning Ordinance will be revised such that the parking requirements for multi-family residential development in the CB-5 zone will be the same as parking requirements for apartment development in the RM zones. The Impact Fee ordinance will be amended such that residential development will be required to pay a fee in lieu of 75% of the required spaces and 25% of the required spaces will be provided on-site. Also, no more than 25% of the required spaces will be allowable on-site. The rate of the parking impact fee will remain the same in the CB-5 and PRM zones. The Zoning Ordinance amendments will be taken to the Planning & Zoning Commission for their first meeting in June; as soon as the Commission's recommendation is ready for the City Council, we will bring the parking requirement changes and the Impact Fee ordinance amendment to the City Council. cc: City Manage~..- Bob Miklo ,-" Im\kf5-6.doc City of Iowa City MEr ORANDUM Date: To: From: Re: May 1, 1997 City Manager x~ City Council / ~ Karin Franklin, Director, PCD-~ -~~~'~'c~' Residential Parking Facility Impact Fee -- Near Southside At the January 27 work session, the Council was presented with a number of options to address residential parking facility impact fees in the Near Southside. The options were presented at the request of the Council, as a means to address an apparent Council concern regarding the impact residential development south of Burlington Street was having on the downtown parking situation. After some discussion on the 27th, a majority of the Council seemed to wish to distinguish between the residential parking requirements and fees in the CB-5 zone and those in the PRM zone. The attached table indicates the parking requirements and impact fees currently in place in the CB-10, CB-5, PRM, and the multi-family residential zones. In reviewing the transcript of the 27th meeting, the Council seemed to reach consensus that in the CB-5 zone less parking on-site should be required to allow more intensive development of the property; the parking requirements should be increased to parallel the amount of parking required in the PRM zone or other multi-family zones; and that the impact fee should apply to 75% of the required parking. The goal was to ensure residential development clearly met the full burden of parking demand generated and that some disincentive for residential development existed in this particular zone. The Council did not wish to prohibit residential development, however. Although the Council expressed a desire to address fees differently in the CB-5 and PRM zones, no agreement was reached on specific fee amounts. In order to charge a different fee in the two zones, the Council will need to articulate a rationale related to the burden placed on the parking system being more onerous in one zone than in another for the same use. If you make the distinction and cannot explain it, both fees will be open to challenge. The best way to approach this issue is keep the fee rates the same for residential development in both zones. In the PRM zone, the consensus of the Council was less clear. A survey of developers was requested. We undertook this survey in February. It was sent to seven individuals who have had a role in developing residential properties south of Burlington Street; two of the surveys were returned. Not surprisingly, the tone was one of preferring no regulation of parking or imposition of fees. The developers who responded were opposed to fees and any increase in them, and indicated that an increase in fees will deter development and raise rents. It was also stated that some parking was needed and that the developers should be able to decide how much parking they wish to provide. Proposal Based on Council Direction Assuming that the goals of the Council are to discourage extensive residential development in the CB-5 zone, allow for optional use of development sites and to bring the developer's parking costs closer to the actual costs of providing parking, the following course is suggested: ResidentiaiParking FacilitylmpactFee--NearSouthside May 1,1997 Page 2 In the CB-5 zone, change the parking requirements to parallel multi-family residential development in the RM zones (x spaces per bedroom); impose the impact fee on 75 % of the required spaces; and require and permit only 25 % of the required parking to be placed on site. All other factors being equal, this change may make apartment development more economically attractive south of Court Street and in the CB-10 zone. In the PRM zone, leave the parking and fee requirements unchanged. Properties zoned PRM are in the area which has been designated in the Near Southside Redevelopment Plan as an appropriate location for intensive residential development. The goal of the plan was to take multi-family development pressure off of the peripheral neighborhoods, and to create a higher density population close to the downtown. The lower parking requirement and fee is intended to provide an incentive for residential redevelopment south of Court Street. On an accompanying sheet, the impact of the proposal stated above is demonstrated using the new apartment building on the corner of Dubuque and Burlington Streets as an example. At your work session on May 5, we can discuss how you would like to proceed. As with the recent amendments related to commercial development, the parking requirement changes will need to go through the Planning and Zoning Commission, but the impact fee changes will be dealt with only by the City Council. If different fees for the two zones are chosen, the establishment of sub- districts within the Near Southside Parking Facility District will be necessary; this is also a Council action. Attachment cc: Planning and Zoning Commission jw/respark.kf/doc Current Residential Parking Requirements and Impact Fees Bedrooms: CB-10 CB-5 PRM Efficiency None 1/unit 1/unit 1 Bedroom None 1 1 2 Bedroom None 1.5 2 3 Bedroom None 1.5 2 4 Bedroom None 1.5 2 5+ Bedroom None 1.5 2 Fees None 50% of reqmt. paid 50% of reqmt. paid $4,423.56/space $4,423.56/space RM Zones 1/unit 1 2 2 3 4 None April 30, 1997 ppddir~parkreq.wp5 20'1 EAST BURLINGTON CB-5 ZONE Existin.q re.qulations: 19 unit apartment building (commercial on the ground floor) Six 4-bedroom apts. = 9 Twelve 5-bdr. apts. = 18 6300sq.ft. comm. = 5 parking spaces (1.5 sp/unit) parking spaces (1.5 sp/unit) parking spaces (1sp/1200sq.ft.) TOTAL REQUIRED 32 parking spaces (14 must be on-site; must pay impact fee on 13 residential spaces @ $4423.56/sp.* & on 4 comm. spaces @ $2211.12/sp.*) PROVIDED 32 parking spaces on-site Paid impact fee of $70,774.30* *Note: Actual payments would be slightly less. The project was approved in 1996; calculations are based on 1997 fees. Proposed regulations: Six 4-bedroom apts. =18 Twelve 5-bdr. apts. = 48 6300sq.ft. comm. = 0 parking spaces (3sp/unit) parking spaces (4sp/unit) (amdt. before Council) TOTAL REQUIRED 66 parking spaces 16 POSSIBLE OUTCOME spaces must be provided on-site; impact fee on 75% of spaces $4423.56/sp. 16 to 28 parking spaces on-site Fee paid of $221,178 must pay or 50 @ ppdadmin~201burl.doc City of Iowa City ORA ,3U I Date: To: From: Re: July 22, 1997 City Council Karin Franklin, Director, Residential Parking Facility Impac Fee - Near Southside At the work session on May 5, 1997, the City Council directed the staff to amend the Zoning Ordinance and the Parking Facility Impact Fee ordinance related to parking requirements and fees for residential uses in the CB-5 zone. The Zoning Ordinance has been revised such that the parking requirements for multi-family residential development in the CB-5 zone are the same as parking requirements for apartment development in all the other multi-family residential zones with the exception of the PRM zone. The Impact Fee ordinance has been amended so that residential development will be required to pay a fee in lieu of 75% of the required spaces and only 25% of the required spaces will be provided on-site. In addition, no more than 25% of the required spaces are allowed on site. The rate of the parking impact fee will remain the same in the CB-5 and PRM zones. These amendments reflect a change from parking requirements in the CB-5 zone which were less than those imposed in other multi- family residential zones and an impact fee which required 50% of the spaces on site and payment in lieu of 50% of the spaces. The Planning and Zoning Commission has reviewed the parking requirements and recommends their approval by a vote of 5-0. The impact fee ordinance is considered only by the City Council. cc: City Manager jw/mem/kf-agd.doc Prepared by: Karin Franklin, Director of PCD, 410 E, Washington Street, Iowa City, IA 52240; 319-356-5232 ORDINANCE NO. 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 REVISE THE FORMULA FOR PAYMENT IN THE CB-5 ZONE. WHEREAS, the City has adopted the Near Southside Neighborhood Redevelopment Plan to guide development in the Near Southside Neighborhood; and WHEREAS, a parking facility impact fee ordi- nance 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 greater intensity of land use in the CB-5 zone of the Near Southside; and WHEREAS, the proportionality of in-lieu pay- ment of fee and parking provided on-site is directly related to the intensity of land use. NOW, THEREFORE, BE IT ORDAINED BY THE 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 increased demand and need for off-street Ordinance No. Page 2 Go 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. 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- sa~'y 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. 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, sur- face 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. 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 oq.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 (910,000.00) per parking space con- structed and land costs of approximately sixteen dollars (816.00) per square foot, the City Council finds that such capital improvement costs total in the amount of at least twelve thousand dollars (- 912,000.00) 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/s%) to users attrib- utable to new residential development in Ordinance No. Page 6 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 (84,000.00) 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 seventy- five percent (75%) of the parking spaces otherwise required by the City Zoning Ordinance for residential uses in the CB-5 zone and in lieu of providing fifty percent (50%) of the parking spaces otherwise required by the City Zoning Ordinance for residential uses in all other zones of the Near Southside Parking Facility District. The Council further finds that this park- ing 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 seventy-five percent (75%) in the CB-5 zone and fifty percent (50%) in all other zones of the district, and multiplying that product by the per space parking facility impact fee amount, as expressed in the formula: (RPS x .75) RIF = TRF or (RPS x .5) RIF -- TRF Ordinance No. Page 7 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. 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 installments, 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. Ordinance No. Page 8 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- 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 Ordinance No. Page 9 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- ed herein, exclusive of all others and shall remain inviolate within the Re- stricted 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 end no more than twenty-five percent (25%) of the parking spaces other- wise required in the CB-5 zone and no fewer than fifty percent (50%) of the parking spaces otherwise re- quired for residential uses on the site in all other zones within the Near Southside Parking Facility District. 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. 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. Ordinance No. Page 10 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. 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. Ordinance No. Page 1 1 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 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 MAYOR ATTEST: CITY CLERK ppdadmin\chap9,ord NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSAL TO ENTER INTO A DEVELOPMENT AGREEMENT WITH AL AND MARY JO STRER AND THE HEARING THEREON. Public notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 17th day of June, 1997 at 7:00 p.m. in the Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action on the proposal to enter into a Development Agreement (the "Agreement") with AI and Mary Jo Streb (the "Developer"). The Agreement would obligate the Developer to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Scott-Six Urban Renewal Project Area as defined and legally described in the Development Agreement, consisting of an industrial park. The Agreement further obligates the Developer to dedicate an easement for sewer right-of-way and limit the price of land in the industrial park. Under the Agreement, the City would offer grants, loans or other financial incentives to businesses locating in the industrial park, at its discretion and in accord with its economic development policies; and the City may provide certain public infrastructure improvements through the use of tax increment financing as described in the Agreement. A copy of the Agreement is on file for public inspection during regular business hours in the office of the City Clerk, Civic Center, Iowa City, iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the proposal to enter into the Agreement with the Developer. After all objections .have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action on the proposal or will abandon the proposal to authorize said Agreement. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 36z~.6 of the City Code of Iowa. Dated this 3rd day of June , 1997. City"61erk of Iowa City, ecodev~streb.ph NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR REMOVAL AND REPLACEMENT OF THE ROBERT A. LEE COMMUNITY RECREATION CENTER GYM FLOOR AND REPLACEMENT OF IOWA CITY/JOHNSON COUNTY SENIOR CENTER AEROBICS ROOM FLOOR IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER PERSONS IN- TERESTED: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifica- tions, form of contract and estimated cost for the removal and replacement of the Robert A. Lee Community Recreation Center Gym Floor and replacement of the Iowa City/Johnson County Senior Center Aerobics Room Floor in said City at 7:00 p.m. on the 29th day of July, 1997, said meeting to be held in the Council Chamber,,; in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any persons interested. Any persons interested may appear at said meeting of the City Council for the purpose of making objections to said plans, specifications, contract or the cost of making said improve- ment. This notice is given by order of the City Council of the City of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK parksrec\floor.nph NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT' AND ESTIMATED COST FOR NAPOLEON PARK SOFTBALL FIELD FENCING PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER PERSONS IN- TERESTED: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifica- tions, form of contract and estimated cost for the removal and replacement of the roof and insulation on the Napoleon Park Softball Field Fencing Project in said City at 7:00 p.m. on the 29th day of July, 1997, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any persons interested. Any persons interested may appear at said meeting of the City Council for the purpose of making objections to said plans, specifications, contract or the cost of making said improve- ment. This notice is given by order of the City Council of the City of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK parksrec\naplfenc.r~ph NOTICE' OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE LIBRARY ROOF REPLACEMENT PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXISAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will con- duct a public hearing on plans, specifications, form of contract and estimated cost for the con- struction of the Iowa City Library Roof Replace- ment Project in said City at 7:00 p.m. on the 29th day of July, 1997, said meeting to be held in the Council Charnbers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK pweng~Jibra~.nph PH-1 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR REMOVAL AND REPLACEMENT OF THE ROOF AND INSULATION ON THE CIVIC CENTER IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER PERSONS IN- TERESTED: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifica- tions, form of contract and estimated cost for the removal and replacement of the roof and insulation on the Civic Center in said City at 7:00 p.m. on the 29th day of July, 1997, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any persons interested. Any persons interested may appear at said meeting of the City Council for the purpose of making objections to said plans, specifications, contract or the cost of making said improve- ment. This notice is given by order of the City Council of the City of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK parksrec\ccroof.nDn NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR WILLOW CREEK TRAIL, PHASE 1 PROJECT, MORMON TREK TO GALWAY HILLS IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will con- duct a public hearing on plans, specifications, form of contract and estimated cost for the con- struction of the Willow Creek Trail, Phase 1 Project, Mormon Trek to Galway Hills in said City at 7:00 p.m. on the 29th day of July, 1997, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Coun- cil of the City of Iowa City, Iowa and as provided by law, MARIAN K. KARR, CITY CLERK PH-1