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HomeMy WebLinkAbout1995-12-19 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the CiW Council of Iowa CiW, Iowa, at 7:30 p,m, on the 19th day of Decem- ber, 1995, in the Civic Center Council Cham- bers, 410 E, Washington Street, Iowa CiW, Iowa; at which hearing the Council will consid- An ordinance amending Title 14, Chap- ter 6, entitled "Zoning," to allow recy- cling processing facilities in the I-1, General Industrial, zone and related amendments. An ordinance amending Title 14, Chap- ter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Load- ing," to reference the Parking Facility Impact Fee Ordinance in the off-street parking regulations section of the Zon- ing Chapter. 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 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," TO ALLOW RECY- CLING PROCESSING FACILITIES IN THE I-1, GENERAL INDUSTRIAL, ZONE AND RELATED AMENDMENTS WHEREAS, the Zoning Chapter does not presently specifically define and regulate the processing of recyclehie materials any different- ly than it does a "junkyard;" WHEREAS, the City believes that recycling is a much different use than that of a "junkyard" and should be regulated as such; and WHEREAS, the CiW feels that the I-1, Gener- al Industrial, zone is an appropriate location for recycling processing facilities provided that certain development standards are adhered to. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 14, Chapter 6, entitled "Zoning," of the City Code is hereby amended as follows: a. Article B, entitled "Zoning Definitions," Section 2, "Definitions," is hereby amended by adding a definition of "RECYCLABLE MATERI- ALS" as follows: RECYCLABLE MATERIALS: Reusable materials including, but not limited to, metal, glass, plastic, cardboard, and paper products which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. "Rec¥- clable materials" does not include automo- biles or other vehicles or machinery and their components, structural steel materials and equipment, hazardous chemicals or materiels such as used motor oil and dis- carded automobile batteries, or biodegrad- able materials such as yard waste. b. Article B, entitled "Zoning Definitions," Section 2, "Definitions," is hereby amended by adding a definition of "RECYCLING PROCESS- ING FACILITY" as follows: RECYCLING PROCESSING FACILITY: A totally enclosed building used for the col- lection, storage and processing of recycle- hie materials for efficient shipment, or to an end users specifications, by such means as baling, briquet~ing, compacting, flattening, grinding, crushing, sorting, Ordinance No. Page 2 shredding or cleaning, but not by process- es involving heat for melting, smelting or burning. A "recycling processing facility" does not include a "salvage yard" as de- fined in this Chapter. c. Article B, entitled "Zoning Definitions," Section 2, "Definitions," is hereby amended by changing the term JUNKYARD to SALVAGE YARD as follows: SALVAGE YARD: An area where waste and discarded or salvaged materials are bought, sold, exchanged, baled or packed, dieassembled, stored or handled, including the dismantling or "wrecking" or automo- biles or other vehicles or machinery. A "salvage yard" is also a housewrecking yard, used lumber yard and place for stor- age of salvaged building materials and structurel steel materials and equipment. d. Article H, entitled "industrial Zones," Sec- tion 1, "General Industrial Zone {I-1)," Subsec- tion C, "Provisional Uses," is hereby amended by adding Subsection 14-6H-1C4 as follows: 4. Recycling processing faciliW, provided: a. All unloading and storage of materi- als, including processed materials, shall be conducted within completeIV enclosed buildings; and b. Incidental outdoor storage areas, including the storage of empty waste containers and collection vehicles, but not including the outdoor storage of discarded or recyclehie materials, shall be screened from view of adjacent property located in an R or C zone and from public streets, and shall not be permitted in any front yard. Such screening shall meet the re- quirements of Article L of this Chapter; and c. The exterior storage of full or par- tially full waste containers shall be prohib- ited, however, collection containers for recyclable materials that are open to the public may be located outdoors, provided that containers are designed to control the spread of litter and debris and that they not be located within a front yard. e. Article H, entitled "industrial Zones," Sec- tion 1, "General Industrial Zone (l-1)," Subsec- tion D, "Special Exceptions," is hereby amend- ed by adding Subsection 14-6H-1D4 as fol- lows: Ordinance No. Page 3 4. Outdoor storage of discarded tires, appliances, or other approved materials, excluding the processing or disassembly of said materials, as an accessory use to a recycling processing facility, provided: a. The exterior storage area is no greater than 50 % of the size of the ground floor area of the principle structure, or 1,500 square feet, whichever is less; and b. Outdoor storage shall be conducted entirely within an enclosed fence, wall or other solid screen. Such solid screen shall be constructed in such a manner that no outdoor storage shall be visible from an adjacent property, street or highway. Materials shall not be piled against the fence or higher than the height of the fence; and c. The outdoor storage of tires or any other combustible materials shall not be closer than one hundred feet (100') to any property line; and d. Mosquito abatement measures shall be incorporated into the design of the outdoor storage area. f. Article H, entitled "Industrial Zones," Sec- tion 2, "Heavy Industrial Zone (I-2)," Subsec- tion 14-6H-2D1 is hereby amended as follows: 1. Salvage Yards, subject to the require- ments of Article L of this Chapter. g. Article L, entitled "Provisional Uses and Special Exceptions," Section 14-6L-1K is hereby amended as follows: K. Salvage Yards: 1. No operation shall be permitted within one thousand feet (1,000') of any estab- lished R zone. 2. All outdoor storage shall be conducted entirely within an enclosed fence, wall or other solid screen, except for driveway areas. Such solid screen shall be con- structed on or inside the front, side and rear lot lines and shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property, street or highway. Storage, either temporary or permanent, between such fence or wall and any prop- arty line is expressly prohibited. Junk or salvage materials shall not be piled against the fence or higher than the height of the fence. Ordinance No. Page 4 3. For fire protection, e fifteen foot (15') wide, unobstructed firebreak completely surrounding the selvage yard shall be maintained. 4. The storage of rags, paper and similar combustible waste shall not be closer than one hundred feet (100') to any property line unless enclosed in a masonry building of not less than four-hour fire-resistive construction. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IIh 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 MAYOR ATTEST: CiTY CLERK City of Iowa City MEMORANDUM Date: November 16, 1995 To: Planning & Zoning Commission From: Scott Kugler, Associate Planner Re: Code Amendments to Address Recycling Processing Facilities. A recent request by Tim Wolfe, owner of Iowa City Cleanup & Transfer, Inc., to permit a recycling processing operation on property within the I-1, General Industrial zone has caused staff to take a look at the City's zoning regulations with respect to this use. Currently, the processing of recyclable materials is allowed only as a "junkyard," as defined by City Code. Junkyards are permitted only by special exception in the I-2, Heavy Industrial zone. While a recycling operation is similar to a junkyard in that they involve the processing and salvaging of materials for reuse or reconstitution, their operation is quite different with regard to the materials processed and procedures used to process them. Therefore, staff feels that amending the City Code to define and allow for the processing of recyclable materials as a use differentiated from junkyards, with standards that are more appropriate for this use, is justified. The following is based on information contained in the February 18, 1994, edition of The ZoninCl Report, entitled "Zoning Regulations for Recycling Uses and Facilities"; examples from municipal codes of other cities; and comments from local experts in the field of recycling and refuse disposal. Definitions: Since the processing of recyclable materials is very similar to other uses, such as a junkyard/salvage operation, it is important to define this use very specifically in order to avoid misinterpretation of the regulations. A key element to the recycling amendment is the definition of "recyclable materials." The definition proposed below includes materials that are commonly recycled today, allows some flexibility for other materials that may become more commonly recycled in the future, and also contains a list of materials that are specifically excluded from the definition. The excluded materials are "automobiles and other vehicles or machinery and their components, structural steel materials and equipment, hazardous chemicals or materials, such as used motor oil and discarded automobile batteries, or biodegradable materials such as yard waste." Specifically excluding these types of materials from the definition of recyclable materials will help to distinguish a recycling use from other similar salvage and reclamation uses that are more appropriately located in the I-2 zone. On a basic level, a recycling processing facility operates in a similar manner to many industrial uses that process raw materials for use by another manufacturer. Recyclables are collected and brought to the facility, processed in some manner to make shipping the materials less costly, and then shipped to other entities for reuse, such as a plastics company or a paper mill. The processing may include methods such as sorting, baling or shredding plastic, paper or cardboard and crushing or grinding glass. Generally, all activities occur indoors, as rainfall will add weight to the processed materials and raise the shipping costs, and it is difficult to control litter and debris outdoors. The proposed definition for a "recycling processing facility" specifies that it is a "totally enclosed building used for the collection and processing of recyclable materials...." The definition also excludes the processing of recyclable materials involving heat for melting, smelting, or burning, and explicitly states that the definition does not include a junkyard (salvage yard, see next paragraph). By limiting the use to the indoor processing of only those materials meeting the definition of "recyclable materials," and by excluding some similar activities that fit better into other use categories, the likelihood that this provision will be misinterpreted to allow more intensive uses will be reduced. In addition to adding definitions for "recyclable materials" and a "recycling processing facility," staff recommends that the term "junkyard" be replaced with "salvage yard" to more accurately reflect this use. The proposed definitions of "recyclable materials" and a "recycling processing facility," as well as the revised definition of "salvage yard," are listed below: RECYCLABLE MATERIALS: Reusable materials including, but not limited to, metal, glass, plastic, cardboard, and paper products which are intended for reuse, remanufac- ture or reconstitution for the purpose of using the altered form. "Recyclable materials" does not include automobiles or other vehicles or machinery and their components, structural steel materials and equipment, hazardous chemicals or materials such as used motor oil and discarded automobile batteries, or biodegradable materials such as yard waste. RECYCLING PROCESSING FACILITY: A totally enclosed building used for the collection and processing of recyclable materials for efficient shipment, or to an end- users specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, sorting, shredding, or cleaning, but not by processes involving heat for melting, smelting or burning. A "recycling processing facility" does not include a "salvage yard" as defined in this Chapter. SALVAGE YARD: An area where waste and discarded or salvaged materials are bought, sold, exchanged, baled, or packed, disassembled or assembled, stored or handled, including the dismantling or "wrecking" of automobiles or other vehicles or machinery. A "salvage yard" is also a housewrecking yard, used lumber yard and place for storage of salvaged building materials and structural steel materials and equipment. Proposed Amendments to the I-1 Zone: Because most of the operation of a typical recycling processing facility is located indoors, staff is of the opinion that it is appropriate for the zone and should not have an impact on the development of surrounding I-1 properties. Additional consideration should be taken into account when the facility will abut a residential zone, however. As further assurance that the facility does not have a negative impact on the surrounding area, staff recommends that it be permitted as a provisional use with standards regarding the storage of recyclables and equipment, screening, and unloading. Proposed text to be incorporated into the I-1 zone regulations is detailed below. To control litter and to avoid outdoor storage yards, the provisions require that the unloading and storage of recyclable materials occurs indoors. As mentioned earlier, this is typical of the operation 3 of a recycling facility for practical purposes. Incidental outdoor storage areas for collection vehicles & equipment would be permitted, but must be screened. The outdoor storage of discarded or recyclable materials is not considered incidental storage and would require approval as a salvage yard, except in certain instances a~ discussed below. The provisions also allow for on-site collection bins for public use provided that they are located within a fenced area to control litter and debris. Mr. Wolfe's description of his business indicates that he intends to temporarily store tires and discarded appliances outdoors until they are shipped away to be recycled or disassembled. Staff recommends that this be considered an accessory use if associated with a recycling processing center, and be permitted only by special exception. Since the outdoor storage of these materials more closely approximates other similar uses such as a junkyard or a salvage operation, staff feels that there should be some level of public review involved when approving its design and location. The processing of these materials would not be permitted (i.e., shredding or burning of tires, dismantling of appliances to recover hazardous materials or scrap metals). If stored indoors, a special exception would not be necessary. Some standards for salvage yards, including screening standards and setback standards, have been incorporated into the standards for these outdoor storage areas. In addition, staff recommends that a limitation be placed on the size of the outdoor storage area of 1,500 square feet (roughly half of the area utilized by the landfill for storage of these materials). The size limitation will help assure that these materials will be removed periodically to make room for incoming materials. The text proposed to be inserted into the I-1 zone regulations is as follows: 14-6H-1: GENERAL INDUSTRIAL ZONE (I-1): C. Provisional Uses: 4. Recycling Processing Facility, provided: a. All unloading and storage of materials, including processed materials. shall be conducted within completely enclosed buildings. b. Incidental outdoor storage areas, including the storage of empty waste containers and collection vehicles, but not including the outdoor storage of discarded or recyclable materials, shall be screened from view of adjacent property located in an R or C zone and from public streets, and shall not be permitted in any front yard. Such screening shall meet the requirements of Article L of this Chapter. c. The exterior storage of full or partially full waste containers shall be prohibited, however, collection containers for recyclable materials that are open to the public may be located outdoors, provided that they are located within a fenced area to co,~trol the spread of litter and debris and that they not be located within a front yard. 4 D. Special Exceptions: 4. Outdoor storage of discarded tires, appliances, or other approved materials, excluding the processing or disassembly of said materials, as an accessory use to a recycling processing facility, provided: a. The exterior storage area is no greater than 50% of the size of the ground floor area of the principle structure, or 1,500 square feet, whichever is less; and b. Outdoor storage shall be conducted entirely within an enclosed fence, wall or other solid screen. Such solid screen shall be constructed in such a manner that no outdoor storage shall be visible from an adjacent property, street, or highway. Materials shall not be piled against the fence or higher than the height of the fence; and c. The outdoor storage of tires or any other combustible materials shall not be closer than one hundred feet (100') to any property line. It is staff's opinion that recycling processing facilities do provide a necessary service for the community and, if carefully controlled with regard to screening and location of outdoor activities, would be appropriate in the I-1 zone. STAFF RECOMMENDATION: Staff recommends that the general industrial (I-1) zone be amended to allow for recycling processing facilities as a provisional use, to allow the outdoor storage of certain materials as an accessory use to a recycling processing center by special exception, and to amend the definition of junkyard as outlined in this staff report. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development City of iowa City MEMORANDUM Date: November 17, 1995 To: Planning and Zoning Commission From: Scott Kugler, Associate Planner Re: Proposed Recycling Processing Center Amendments - Additional Information. At Monday's informal meeting, questions regarding the screening of outdoor recycling collection areas and mosquito problems associated with outdoor tire storage areas were raised. Staff has the following information to offer on these two subjects: On-site Collection Areas for Recyclables: The intent of the language proposed in the staff memorandum regarding fencing around recycling collection areas is to control the spread of litter and debris from these areas. The Commission indicated that a more generic standard regarding the control of litter and debris might be preferable. However, enforcement of a general standard of that nature may be difficult. Staff recommends that fencing be required to control litter to avoid this problem. The Commission seemed to also be concerned about screening these areas from view from adjacent properties, and requested more information regarding the existing screening requirements in the l-1 zone to see if those standards may also be appropriate for recycling collection areas. Screening requirements for solid waste containers are addressed in two different chapters of the City Code. Chapter 3, "City Utilities," Article H, "Solid Waste," sets forth some standards for solid waste collection and storage. Section 14-3H-BE4 of this Chapter requires that commercial solid waste containers located within 50 feet of a street right of way be screened from view from the right-of-way. In addition, the screening of such areas must be addressed as part of the site plan review process as outlined in Chapter 5, "Building and Housing," Article H, "Site Plan Review." City Code section 14-SH-SG requires that, for properties involved in the site plan review process, such areas be "screened from adjacent property by a screen consisting of structural or plant material no less than six feet (6') in height. These standards are aimed at screening the view of garbage dumpstars, a necessary but undesirable accessory to most land uses. In the case of recycling collection areas, however, it is important for these facilities to be visible to the public so that they are used. The containers used are generally fully enclosed, which could be added as a requirement if the Commission would like. Staff does not feel that the screening standards for dumpstars are appropriate for recycling collection areas. Tire Storage and Mosquito Problems: Questions were also raised about mosquito problems associated with tire storage areas. When stored outdoors tires can collect and hold rainfall for long periods of time. The pools of water can become good breeding grounds for mosquitos. Staff was aware of this potential problem when drafting the proposed amendments, and felt that the size limitation placed on the outdoor storage area would help to alleviate this problem by requiring a faster turnover of materials to make room for new materials. Other options to address this problem include storing the tires indoors, under a roofed area, or under a tarp of some sor~. if the Commission is not satisfied that the size limitation will adequately address this problem, another standard could be added to require that this problem is addressed. For instance: "Mosquito abatement measures shall be incorporated into the design of the outdoor tire storage area." Iowa City Cleanup & Transfer, Inc. o commemial · municipal · apartments o residential "Service Is Our Salesman" City of Iowa City My wife Roxann and ! are the owners and operators of Iowa City Cleanup & Transfer Inc. We have owned our company since May- 1-75. At the present time we are the oldest and largest trash removal company in Iowa City. Our company was the first in the county to begin curbside recycling (Hills 1~88). Iowa City Cleanup & Transfer currently services over 500 commercial accounts and the cites o~ Hills, N. Liberty, Solon, Lone Tree, Kalona,and Oxford. We also provide service to over 2000 homes in rural Johnson County. We recycle an average of 60 ton per month from our residential customers alone. At the present time we are recycling one third of all the trash we haul each month. We also provide a complete recycling service for our commercial customers. Iowa City Cleanup & Transfer has grown from a one ton Chevy truck and one employee to five rear load garbage trucks,two recycling vehicles and 15 employees. At the current time our shop is located at 54 Commercial Court. We have out grown this building and would like to purchase the LL Palling at 2401 Scott Blvd. We would use this building for office space, parking of equipment, and for the processing of our recyclables. We like this building for it's size,it's location in the industrial area of Iowa City and the fact that it is already screened on two sides. Our plans would include screening all equipment from the view of Scott Blvd. We always park our trucks inside and very rarely have more than 10 to 15 dumpstars on our lot at any time. Anyone who has seen our trucks around town or our dumpstars know that we take pride in what we own. (319) 358-9000 P.O. Box 3268 · Iowa Cid, Iowa 52244 !owm City Cleanup & Transfer, inc. · commercial · municipal · apartments · residential "Service Is Our Salesman~ After our offer on this building was excepted and financing was approved we found out that there might be a problem in the zoning of this property for our use. Although we have parked our trucks in Iowa City for the past 20 years we have been told that there is no current areas zoned in Io~a City for our type of company. We interpreted our use as being allude under chapter 6 section 14-6H-1 paragraph 83 and B8. We would like to see the LL Pelling property zoned for our use on it. We believe it is in the interest of Iowa City to support our type of business. The way the waste industry is going, more and more trash removal companies are owned out of state. Many of the larger companies are buying up smaller companies and shipping their profits out of the area. We hope that the city will come up with some kind of situation to let us run our local business from this-location. (319) 358-9000 P.O. Box 3268 , Iowa City, Iowa 52244 Iowa City Cleanup & Transfer, Inc. · commercial · municipal · apartments · residential "Service Is Our Salesman" Oct. 23-95 City of Iowa City Zoning and Building Depts. Our company Iowa City Cleanup & Transfer Inc. would like to see the I-1 zone changed so our company can move into the LL Pelling building at 2401 Scott Blvd. We have operated our business out of Iowa City for 20 years and would like to continue to do so. The building would be used for office space, dispatching our trucks, maintenance on our trucks and the processing of recyclables. Along with the curbslde recycling we provide our customers we also provide a limited pickup of appliances and tires. These would be stored outside the building in a screened type of fenced in area. They are recycled on a regular basis so there is never any large number of them. The screened in area would also be used to store dumpsters. Our recycling services are aimed mainly at household and light commercial. We are not interested in recycling automobiles,trucks etc. We would also plant trees and bushes for additional screening. If you have any questions about our operation please give me a call. (319) 358-9000 P.O. Box 3268 * Iowa City, Iowa 52244 P.02 816 $. Gilbert ~2 Io~a City, IA 52240-17~1 IO~a City, City Council 410 E. Washington St. Io~a City, IA 52240 RE: Request for 2ertlrig Provision Dear Council We are developing a corporation and propose Incaglen in the Io~a City area to serve aea primary d~esaing operation ~o deet~oy a~ recycle the vaulou~ mateoIsis comprised in general and specialized electronic equipment. Primarily, the tauOeted source of th18 type equipment Iu the U.~o Department o~ Defense vi[~ po~ea[tal expanded sou~cea of other U.S., state and focal generators ~hen e~onomically feasible. The punposed {aclllty vi{l al~ays be mainleaned in very clean ann Profeesinnal manner as other known facilities in Arizona and California and operated in strict compliance ~lth all local, state and federal fire, health and safety regul atlone. ~e must also point out that this type o~ ope~a~lo~ generates concentrations of certain hazardous materials such aa radioactive mateuial contained in micro~ave omitters, lead shielding and PCB in 9o~e oapacitor8 that must ~e handled, storeS, disposed anO documentea in strict compliance ~lth local, state and ~ederal creole to grave regulations. We ace ~rltlng this business description and ~equeat for app~opia[e ~ording provizlena to Include this type bueinee~ as acceptable ~or I~1 zoning location. Thank you, I). Potter, Pue~ident NO'~ZCE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 19th day of Decem- ber, 1995, in the Civic Center Council Cham- bers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will constd- el; 1. An ordinance amending Title 14, Chap- ter 6, entitled "Zoning," to allow recy- cling processing facilities in the I-1, General Industrial, zone and related amendments. An ordinance amending Title 14, Chap- ter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Load- ing," to reference the Parking Facility Impact Fee Ordinance in the off-street parking regulations section of the Zon- ing Chapter. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa CiW, 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 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE N, ENTITLED "OFF-STREET PARKING AND LOADING," TO REFERENCE THE PARKING FACILITY IMPACT FEE ORDINANCE IN THE OFF-STREET PARK- ING REGULATIONS SECTION OF THE ZONING CHAPTER. WHEREAS, in 1992. the City Council adopt- ed a Parking FeciiiW Impact Fee Ordinance to provide a mechanism for property owners in the Near Southside Parking Facility District to pay a fee in lieu of providing a portion of the required on-site parking; and WHEREAS, when redevelopment of proper- ties occurs within the parking facility district, property owners need to be aware of the parking faciliW impact fee requirements as well as the off-street parking regulations for the project; and WHEREAS, such a cross-reference can be provided by amending the off-street park!rig regulations of the Zoning Chapter to include a reference to the parking facility impact fee section of the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," Section 1, entitled "Off- Street Parking and Loading Requirements," is hereby amended by repealing in its entirety the preface paragraph of subsection J, entitled" Required Number of Off-Street Parking Spac- es," and in lieu thereof a new preface para- graph of subsection 14-6N-1J, "Required Number of Off-Street Parking Spaces," is hereby created and enacted as follows: J. Required Number of Off-Street Parking Spaces: Prior to the occupation of a build- [ng or commencement of a principal use, a minimum number of off-street parking and stacking spaces shall be provided in all zones, except in the CB-10 Zone, unless specifically required; except in the CN-1 Zone where the use of land banking is ap- proved, as provided in subsection I1 of th~s Article; and except in the Near Southside Parking Facility District, where a parking facility impact fee may be required in lieu of providing all or a portion of on-site parking, Ordinance No. Page 2 as provided in Section 14-9A, Parking Facili- ty Impact Fees. In the CN-1 Zone, in order to avoid excessive amounts of paving, not more than one hundred ten percent (1 10%) of the required amount of off-street parking may be provided without approval of a special exception by the Board of Adjust- ment. In the Near Southside Parking Facility District, where some parking is provided on site, all such off-street parking and stacking spaces must be provided prior to the occu- pancy of a building or commencement of a principal use. The minimum number of off- street parking and stacking spaces shall be as follows: SECTION I~. 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 ~ day of ,19 MAYOR ATTEST: CITY CLERK City of Iowa City MEMORANDUM Date: November 16, 1995 To: From: Planning and Zoning Commission Melody Rockwell, ss~Planner Re: Proposed Amendment to Reference the Parking Facility Impact Fee Ordinance, City Code Section 14-9A, in the Zoning Chapter In 1992, the City Council adopted a Parking Facility Impact Fee Ordinance. This ordinance provides a mechanism for property owners in the Near Southside Parking Facility District to pay a fee in lieu of providing a portion of the required on-site parking. This parking facility district is bounded on the north by Burlington Street, on the east by Gilbert Street, on the south by the Iowa Interstate Railway Main Line, and on the west by Madison Street. The parking facility impact fees are to be used to develop a municipal parking ramp in the Near Southside Parking Facility District. When redevelopment of properties occur within the parking facility district, property owners and developers need to be aware of the parking facility impact fee requirements as well as the off-street parking regulations for the project. One means of accomplishing this is to reference the parking facility impact fee section of the Code (14-9A) in the off-street parking regulations section of the Zoning Chapter (14-6N-1). There is already a cross-reference to Section 14-6N-1 in the Parking Facility Impact Fee Ordinance. STAFF RECOMMENDATION: Staff recommends that the Parking Facility Impact Fee Ordinance be referenced in the Off- Street Parking and Loading section of the Zoning Chapter by amending Section 14-6N-1J as follows: Required Number of Off-Street Parking Spaces: Prior to the occupation of a building or commencement of a principal use, a minimum number of off-street parking and stacking spaces shall be provided in all zones, except in the CB-10 Zone, unless specifically required; except in the CN-1 Zone where the use of land banking is approved, as provided in subsection I1 of this Article; and except in the Near Southside Parldng Facility District, where a parking facility impact fee may be required in lieu of providing all or a portion of on-site parking, as provided in Section 74-9A, Parking Facility Impact Fees. In the CN- 1 Zone, in order to avoid excessive amounts of paving, not more than one hundred ten percent (110%) of the required amount of off-street parking may be provided without approval of a special exception by the Board of Adjust- ment. In the Near Southaide Parking Facility District, where some parking is provided on site, all such off-street parking and stacking spaces must be provided prior to the occupancy of a building or commencement of a principal USe. 2 The minimum number of off-street parking and stacking spaces shall be as follows: Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE IOWA RIVER CORRIDOR TRAIL, IOWA MEMORIAL UNION BRIDGE TO IOWA AVENUE, PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the CiW of Iowa City, Iowa, will con- duct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Iowa River Corridor Trail, Iowa Memorial Union Bridge to Iowa Avenue, Project in said City at 7:30 p.m. on the 19th day of December, 1995, said meeting to be held in the Council Chambers in the Civic Cen- ter 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 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of the City of Iowa City, Iowa, in the Council Chambers at the Civic Center at the regular scheduled Council meeting at 7:30 p.m. on December 19, 1995, for the purpose of hearing comments on the pro- posed rate change for Landfill Use fees. Informa- tion on the proposed rate change is available at the City Clerk's Office and at the Office of the Director of Finance. MARIAN K. KARR, CITY CLERK