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Home My WebLink About1996-12-03 OrdinancePrepared by: Robert Miklo, St. Planner. 410 E. Washington Street. Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 96-3756 AN ORDINANCE AMENDING TITt S 14, CHAP- TER 6, ARTICLE J, ENTITLED "OVERLAY ZONES," SECTION 2, ENTITLED "PLANNED DEVELOPMENT HOUSING OVERLAY ZONE (OPDH)," SUBSECTION D ENTITLED "REGU- LATIONS," TO INDICATE THAT PARKING REDUCTIONS MAY BE APPROVED FOR NON- RESIDENTIAL USES AS PART OF A SENSITIVE AREAS OVERLAY REZONING. WHEREAS, the City of Iowa City has adopted a Sensitive Areas Ordinance to protect environ- mentally sensitive areas when development occurs; and WHEREAS, allowing reduction in parking requirements for commercial and industrial uses near environmentally sensitive areas will help protect those areas; and WHEREAS, the Sensitive Areas Ordinance follows the procedures of the Plan Develop- ment Housing Overlay Zone (OPDH), which currently does not allow for a reduction of parking. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 14, Chapter 6, Article J, entitled "Overlay Zones," Section 2, entitled "Planned Development Housing Overlay Zone (OPDH)," Subsection D, entitled "Regulations," Paragraph 3 is hereby repealed. 2. Title 14, Chapter 6, Article J, entitled "Overlay Zones," Section 2, entitled "Planned Development Housing Overlay Zone (OPDH)," Subsection D, entitled "Regulations," Paragraph 3 is hereby amended to read as follows: Report of Plan and Zoning Commission: Upon completing review of the pre- liminary PDH plan, the Commission shall recommend either approval or denial of the plan and shall make a written report of its findings to the City Ordinance No. 96-3756 Page 2 Council. The report shall include find- ings that the variances in setbacks, lot area requirements, building heights, building wpes, sizes of buildings and the combination of land uses will be in the public interest, in harmony with the purposes of this Chapter and other building regulations of the City, will not adversely affect nearby properties, and that the parking requirements of this Chapter otherwise prevailing in the zone have not been reduced for resi- dential uses. The report shall identify any reduction in parking requirements for non-residential uses that are pro- posed for a Sensitive Areas Develop- ment plan. 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 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 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 3rd day of December ,19 96 . CITY Ordinance No. 96-3756 Page 3 It was moved by Vanderhoef and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman ~ .. ~ Norton X Novick ~ . Thomberry ~ Vanderhoef Thornberr.v that the First Consideration ]1/19/96 Vote for passage: AYES: Lehman, Norton, Novick, Vanderhoef, Baker, Kubb~v. NAYS: None. ABSENT: Thornberry. Second Consideration Vote for passage: Date published 12/11/96 Moved by Vanderhoef, seconded by Thornberry, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and¥.ote be waived and the ordinance be voted upon for final passage at this time. AYES: Norton, Novick, Thornberry, Vanderhoef, Baker, Lehman. NAYS: Kubby. ABSENT: None. Prepared by: Robert Mi~,1o, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 96-3757 AN ORDINANCE AMENDING TITLE 14, CHAP- TER 7, ENTITLED "LAND SUBDIVISIONS" ARTICLE A, ENTITLED "GENERAL SUBDIVI- SION PROVISIONS," SECTION 4, ENTITLED "ESTABLISHMENT OF CONTROL," PERTAIN- ING TO CITY REVIEW OF SUBDIVISIONS LOCATED WITHIN TWO MILES OF THE ClTY'S BOUNDARIES. WHEREAS, the City of Iowa City and John- son County have entered int~ a 28E Agree- ment, known as the Fringe Area Agreement, pertaining to regulation of subdivisions within two miles of the city's corporate limit; and WHEREAS, the Fringe Area Agreement speci- fies that when new areas are annexed into the City, the City will consider whether or not to expand the fringe area for application of subdi- vision regulations in consultation with the County, rather than expanding it automatically; and WHEREAS, it is necessary to amend the subdivision provisions of the City Code to be consistent with the Fringe Area Agreement. NOW, THEREFORE, BF IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 14, Chapter 7, entitled "Land Subdivisions" Article A, entitled "Gen- eral Subdivision Provisions," Section 4, entitled "Establishment of Control." Subsection B is hereby repealed. 2. Title 14, Chapter 7, entitled "Land Subdivisions" Article A, entitled "Gen- eral Subdivision Provisions," Section 4, entitled "Establishment of Control." Subsection 8 is hereby amended to read as follows: Pursuant to section 354.9, Code of Iowa, as amended, all subdivisions located within two miles of the CiW's corporate boundaries shall be subject to City review and approval, except for those areas exempt from such review Ordinance No, 96-3757 Page 2 pursuant to the Johnson County/Iowa City Fringe Area Agreement. {1978 Code, editor's note to Chapter 31). 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 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 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 3r'd day of December ,1996 CITY CLER'K Ordinance No. 96-3757 Pase 3 It was moved by Kubb¥ and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: '---X--- Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Nortnn that the First Consideration 11/4/96 Vote for passage: AYES: Kubby, 'Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: NOne. ABSENT: None. Second Consideration 11/19/96 K V9te. forpassa~e:AYES: Norton, Novick, Vanderhoef. Baker, ubby, Lenman. NA?S: NOne. ABSENT: Thornberry. Date published 12/11/96 Prepared by: John Yapp, Planner, 410 E. Washington Street, Iowa City. IA 52240; 319-356-5247 ORDINANCE NO. 96-3758 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE M, ENTI- TLED "ACCESSORY USES AND BUILDINGS," TO AMEND THE LOCATION RESTRICTIONS OF SATELLITE RECEIVING DEVICES, WHEREAS, the Telecommunications Act of 1996 and the Federal Communications Commission preempt local zoning codes regu- lating the location of satellite receiving devices smaller than one meter in diameter in residen- tial zones; and WHEREAS, satellite receiving devices smaller than one meter in diameter shall be permitted in any yard or on the roof of any structure in residential zones; and WHEREAS, satellite receiving devices larger than one meter in diameter sha!l continue to be restricted to the rear yard in residential zones; and WHEREAS restricting satellite receiving devices larger than one meter in diameter to the rear yard will help ensure adequate light and air movement, and maintain accessibility to the side and front yards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Chapter 6, entitled "Zoning," Article M, entitled "Accessory Uses and Buildings," Section 1, Subsection B3, of the Iowa City City Code is hereby amended to read as follows: 3. Communications towers and satellite receiv- ing devices, provided the following conditions are met: 1. Communications towers and satellite receiving devices larger than one meter in diameter in residential zones provided they shall not be located in the area between the street and the principle building, within the required side yard or on the roof of any building. Ordinance No. 96-3758 Page 2 2. Satellite receiving devices one meter or smaller in diameter in residential zones may be located in any yard or on the roof of any structure. 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 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 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 3rd day of December ,19 96. ATTESt: ~/~ ~- ~ ClTY~CLE~K Ordinance No. 96-3758 Page 3 It was moved by Lehman and seconded by Ordinance as read be adopted. and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Thornberry that the Fimt Consideration 11/4/96 Vote for passage: AYES: Lehman, Norton, Novick, Thornberry, Vanderhoet Baker, Kubby. NAYS: None. ABSENT: None. Second Consideration 11/19/96 h . Votefor. passage:AYES: Novick, Vanderhoef, Baker, Kubby, Lehman, or~on. NAYS. None. ASSENT: Thornberry. Date published 12/11/96 Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, )A 52240; 319-356-52~-7 ORDINANCE NO. 96-3759 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE I, ENTITLED "PUBLIC ZONE," SECTION 4, ENTITLED "SPE- CIAL EXCEPTIONS," TO ALLOW COMMU- NICATION TOWERS AS A SPECIAL EXCEP- TION IN THE P, PUBLIC ZONE. WHEREAS, the Telecommunications Act of 1996 prohibits a local government from directly or indirectly prohibiting the provision of any wireless/cellular communications service to any area of the community; and WHEREAS, cellular communication use will continue to rise in the Iowa City area; and WHEREAS, the large amount of publicly zoned land in Iowa CiW will increase the num- ber of potential locations for a communications tower; and WHEREAS, the special exception process and the public ownership of the land would give the public greater control over the size, type, and location of any communications tower; and WHEREAS, any communications facility in the P, Public zone will have to comply with the conditions in the zoning code, as well as any conditions placed by the Board of Adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 1. Chapter 6, entitled "Zoning," Article I, entitled "Public Zone (P)," Section 4, enti- tled "Special Exceptions," is hereby amen- ded to include the following language: 14-61-4 SPECIAL EXCEPTIONS. a. Communications towers and associat- ed equipment buildings provided: I. The Board of Adjustment may place conditions on approval of a communications tower, such as fencing and screening, to address safety and aesthetic concerns. The Board may deny an applica- tion which does not adequately address these concerns. Ordinance No. 96-3759 Page 2 2. The applicant shall submit docu- mentation that the telecommuni- cations facility shall be designed and constructed to all applicable standards of the American Na- tional Standards Institute, ANSI/EIA 22-E manual, as amended, which contains federal regulations regarding radio fre- quency emissions and design standards. 3. Newly constructed telecommuni- cations facilities shall be designed with capacity to accommodate additional providers of telecom- munications services where pos- sible, unless it can be demon- strated that co-location is not feasible due to technical or struc- tural reasons. The applicant shall demonstrate it is not possible to locate the pro- posed telecommunications equip- ment on an existing facility for reasons such as technical or structural incompatibility. 5. The tower is set back from a property or right-of-way line a distance at least equal to the height of the tower. 6. The applicant shall subroit docu- mentation that the telecommuni- cations facility complies with all state and federal regulations concerning aviation safety. 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 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. 96-3759 Page 3 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 3rd day of December ,19 96 · CITY C Cl(~~A~orney's C ff~/ice~/· - ~ ~l - ~)J Ordinance No, 96-3759 Page 4 It was moved by Vanderhoef and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef I ~hman that the First Consideration Vote for passage: Baker, Kubby, Lehman, 11/4/96 AYES: Norton, Novick, Thornberry, Vanderhoef, NAYS: NOne. ABSENT: None. Second Considera~on 11/19/96 Vote forpassage: AYES: Vanderhoef, Baker, Kubby, Lehman, Norton, Novick. NAYS: None. ABSENT: Thornberry. Date published 12/11/96 Prepared by: John Yapp, Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-§247 ORDINANCE NO. 96-3760 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING", ARTICLE B, SECTION 2, ENTITLED "DEFINITIONS", TO ADD DEFINITIONS ASSOCIATED WITH WIRELESS COMMUNICATIONS FACILITIES, INCLUDING "COMMUNICATIONS TOWER", "COMMUNICATIONS EQUIPMENTBUILDING", AND "COMMUNICATIONS STATION." WHEREAS, the use of wireless communications facilities is increasing in the Iowa City area, and WHEREAS, the expected increase in the number of communications facilities located in Iowa City nece$=itates defining a "communications tower", "communications equipment building", and "communications station" in the zoning code, and WHEREAS, it is in Iowa City's best interest to define various communications facilities in order to avoid the misinterpretation of the zoning code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Chapter 6 entitled "Zoning", Article B, entitled "Zoning Definitions," Section 2, entitled "Definitions", is hereby amended to add the following definitions: COMMUNICATIONS TOWER: A structure that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such towers include monopoles and lattice steel structures. COMMUNICATIONS EQUIPMENT BUILDING: The building in which the electronic receiving and relay equipment for a communications facility is housed. COMMUNICATIONS STATION: A structure assigned to a person or group of people working to produce and transmit radio and/or television programming, or the recording of such programming. SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. Ordinance No. 96-3760 Page 2 SECTION III. SEVERABILIT'_'. If any section, provision or part of the Ordinsnce shall be adjudged to be invalid or unconstitut!onal, such adjudication shall not affect the validity of the Ordinsnce as a whole or any section, provision or part thereof not adjudged inval~u ,,, 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 3~d day of December ,19 90 · F Ap Ol~Y /3 / City ~ttorney s ~f~i~ ppdadmin/communic.o~d Ordinance No. 96-3760 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 ~ Norton Novick X ~ __.~.___ Thornberry X Vanderhoef Norton that the First Consideration 11/4/96 Vote for passage: AYES: Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Second Copsideration 11/19/96 Vote for passage: AYES : Baker, Kubby, Lehman, Norton, Novick, Vanderhoef. AYES: None. ABSENT: Thornberry. Date published 12/11/96 Builders Tom Bockenstedt Celeste Holloway RECEIVED NOV 2 1 3266 Lynden Heights Rd. N.E. Iowa City, Iowa 52240 (319) 338-0264 November 18, 1996 City Council City of Iowa City 410 East Washington Street Iowa City, IA 52240 It has come to my attention that the City of Iowa City is proposing to install an automatic water meter reading system. The following is my understanding of the approximate cost of the meter interface unit (MIU). The base MIU cost is $110. If you add the cost of installing a phone jack ($25 to $50) and labor (2 service workers, I hour each - 2 x $30 per hour) plus the cost of transportation and tools needed for this service, the total cost including installation for one MIU is approximately $200 to $250. Per Ed Moreno, the city has approximately 19,000 accotrots. This computes an approximate cost to the city taxpayers of $3,800,000 to $4,750,000. Is there an additional cost in a computer system? Also, Ed Moreno has stated the batteries in the MIU's will only last 8 to 10 years. At that point in time another paid city employee would have to install new batteries at an additional cost. This new meter reading system could easily cost the city taxpayers Five Million Dollars. - All this to replace two meter readers which, at most, cost the city $100,000 a year (including salary, benefits, transportation, etc.)? Looking at these figures from a business point of view it will, at a minimum, take at least 50 years to come close to breaking even. By including the interest to be paid on the initial capital to purchase all 19,000 MIU's, will the city ever break even??? Sincerely, Tom Bockenstedt B & H Builders co: Ed Moreno, Water Division l Qnality Custom Homes · Remodeling . Additions City of Iowa City MEMORANDUM Date: November 25, 1996 To: City Council and City Manager From: Don Yucuis, Finance Director{~(~ Re: Ordinance Amending Title 14, Ch~pter 3 Entitled "City Utilities" of the City Code Below is a summary of the recommended changes to Title 14, Chapter 3 "City Utilities". Recom- mending that the City reduce the length of time that deposits are held for utilities from 18 months to 15 months and changing the length time of when a utility account is considered delinquent from 30 days to 22 calendar days. The attached ordinance would make those changes. Please call me if you have any questions. Im\dy~ 118 wp5