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HomeMy WebLinkAbout2001-02-20 Ordinance Prepared by: Karen Howard. Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 01-3957 AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 2 ACRE PROPERTY LOCATED ON THE WEST SIDE OF SOUTH GILBERT STREET, SOUTH OF NAPOLEON LANE, FROM INTERIM DEVELOPMENT (ID-RM) TO COMMUNITY COMMERCIAL (CC-2). WHEREAS, Olin Lloyd owns the property located on the west side of South Gilbert Street, south of Napoleon Lane; and WHEREAS, the 2-acre property is no longer suitable for residential development, being located between the Iowa City Public Works Complex and the future intersection of South Gilbert Street and a future south central arterial street; and WHEREAS, due to its location at the future intersection of two arterial streets and its boundary with the Iowa City Public Works Complex, the 2- acre parcel is appropriate for commercial development, provided certain conditions are met to address potential externalities; and WHEREAS, Iowa Code 414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, Olin Lloyd acknowledges that certain conditions and restrictions are reasonable to address issues of compatibility with future residential development on the east side of South Gilbert Street as called for in the South District Plan and to ensure appropriate development of property along South Gilbert Street, an important entranceway to Iowa City; and to ensure appropriate development of properly along the designated future alignment of the South Central arterial street, which will become a focus of activity as it intersects with South Gilbert Street. WHEREAS, Olin Lloyd has voluntarily offered to use the subject proper'b/in accordance with the terms and conditions of a Conditional Zoning Agreement to address the public needs referenced above. NOW, THEREFORE, BE IT ORDAINED BY Ordinance No. 01-3957 Page 2 THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: Subject to the terms and conditions o f the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property legally described below is hereby redesignated from its current zoning of ID-RM to CC-2; A PORTION OF AUDITOR'S PARCEL 'A", AS RECORDED IN PLAT BOOK 33, AT PAGE 72. RECORDS OF JOHNSON COUNTY, IOWA, AND LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN. IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL "A", AS RECORDED IN PLAT BOOK 33, AT PAGE 72, RECORDS OF JOHNSON COUNTY, IOWA; THENCE N25.34'48"W. ALONG THE EASTERLY LINE OF SAID AUDITOR'S PARCEL, 280.61 FEET TO THE SOUTHEAST CORNER OF AN ACQUISITION PLAT; THENCE S64.25'12"W. ALONG THE SOUTHERLY LINE OF SAID ACQUISTION PLAT, 17.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING S64.25'12"W, 60.00 FEET; THENCE SOUTHWESTERLY, 315.08 FEET ALONG AN ARC OF A 1174.26 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 314.13 FOOT CHORD BEARS S72.06'24"VV; THENCE N10.12'23"W, 231.26 FEET; THENCE N64.25'12'E, 310.00 FEET TO THE NORTHWEST CORNER OF SAID ACQUISTION PLAT; THENCE S25.34.48'E, ALONG THE WESTERLY LINE OF SAID ACQUISTION PLAT. 265.00 FEET TO SAID POINT OF BEGINNING, CONTAINING 2.00 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTON II. ZONING MAP. Upon final passage, appreval and publication of the ordinance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this conditional zoning change, SECTON III. CONDITIONAL ZONING AGREEMENT. Following final passage and appreval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the applicant and the City. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be Ordinance No. 01-3957 Page 3 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 .VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of R City'~:o ey'~_(3 / Ordinance No. 01-3957 Page 4 It was moved by 0' Donnel 1 and seconded by Champi on that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~' O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 1/16/01 Voteforpassage: AYES: Lehman, O'Donne'l], Vande~'hoef, W~]but'n, Champion, Y, anner. NAYS: None. ABSENT: Pfab. Se~6nd Consideration 2/6/01 Voteforpassage:AYES: Lehman, O'Donne]], Vandet'hoef, Wi]b~'un, Champion, Kanne~'. NAYS: Pfab. ABSENT: None. Date published Prepared by: Karen Howard, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, A Municipal Corporation (hereina~er "City") and Olin Lloyd (hereinafter "Owner"). WHEREAS, the Owner, Olin Lloyd, has requested that the City rezone approximately 2 acres of property located on the west side of South Gilbe~ Street, south of the Iowa City Public Works Complex, from Interim Development Multi-family (ID-RM) to Community Commercial (CC-2); and WHEREAS, the subject property is bounded by an existing arterial street, is along an important entranceway to the City, is adjacent to the Iowa City Public Works Complex, and will be across the street from residential development; and WHEREAS, Iowa Code 414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to address issues of compatibility with future residential development on the east side of South Gilbert Street as called for in the South District Plan and to ensure appropriate development of property along South Gilbert Street, an important entranceway into Iowa City; and to ensure appropriate development of property along the designated future alignment of the South Central Arterial Street, which will become a focus of activity as it intersects with South Gilbert Street. WHEREAS, the Owner has agreed to develop and use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above referenced issues. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. Olin Lloyd is the owner and legal title holder of approximately 2 acres of land located on the west side of South Gilbert Street, south of Napoleon Lane, which property is more particularly described as follows: A PORTION OF AUDITOR'S PARCEL HA", AS RECORDED IN PLAT BOOK 33, AT PAGE 72, RECORDS OF JOHNSON COUNTY, IOWA, AND LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL "A", AS RECORDED IN PLAT BOOK 33, AT PAGE 72, RECORDS OF JOHNSON COUNTY, IOWA; THENCE N25.34'48"W, ALONG THE EASTERLY LINE OF SAID AUDITOR'S PARCEL, 280.61 FEET TO THE SOUTHEAST CORNER OF AN ACQUISITION PLAT; THENCE S64.25'12"W, ALONG THE SOUTHERLY LINE OF SAID ACQUISTION PLAT, 17.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING S64.25'12"W, 60.00 FEET; THENCE SOUTHWESTERLY, 315.08 FEET ALONG AN ARC OF A 1174.26 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 314.13 FOOT CHORD BEARS S72.06'24"W; THENCE N10.12'23"W, 231.26 FEET; THENCE N64.25'12"E, 310.00 FEET TO THE NORTHWEST CORNER OF SAID ACQUISTION PLAT; THENCE S25.34.46"E, ALONG THE WESTERLY LINE OF SAID ACQUISTION PLAT, 265.00 FEET TO SAID POINT OF BEGINNING, CONTAINING 2.00 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. Owner acknowledges that the City wishes to ensure that the subject property is developed in a manner that will be compatible with future residential development on the east side of South Gilbert Street, as called for in the South District Plan, and to ensure that the development of the property along South Gilbert Street and the future South Central Arterial Street is developed in a manner that is appropriate for this entryway to the community. Therefore, the Owner agrees to certain conditions over and above City regulations in order to ensure that certain standards will be adhered to on property fronting on South Gilber~ Street and on the future South Central Arterial Street to ensure development that is attractive in appearance and otherwise appropriate as an important entranceway into Iowa City, and is compatible with future residential development on the east side of South Gilbert Street and with the policies and objectives identified in the South District Plan. 3. In consideration of the City's rezoning the subject property from ID-RM to CC-2, Owner agrees that the use and development of the subject property will conform to all of the requirements of the CC-2 zone, as applicable, as well as the following additional conditions: a. Sidewalks shall be provided along all street frontages of commercial zoned lots within the development. Pedestrian routes shall be provided between various businesses and uses within the development and shall be clearly defined and shall include connections to the sidewalks along adjacent aderial streets. b. Commercial buildings shall be oriented to the street with the parking located behind buildings and away from street frontages to the extent reasonably possible. c. Only one vehicular access point to the property shall be allowed along each arterial street frontage. Any vehicular access point established shall be located at least 125 feet from the future intersection of South Gilbert Street and the South Central arterial street and be approved by the City of Iowa City under then existing standards and guidelines. d. On lots with frontage on South Gilbert Street or the future South Central arterial street the facades of buildings shall be primarily masonry, which may include fired brick, stone or similar material, dressed concrete block, and stucco or like material when used in combination with other masonry finish. Alternative building materials, such as architectural metals or materials used for decorative treatment, may be substituted if the Director of Planning and Community Development determines that the use of such other materials satisfies the intent of this Agreement. All elevations visible from South Gilbert Street or the future South Central arterial street must have a finished facade. Rooftop mechanical devices must be screened. e. Loading docks, receiving areas, garbage dumpsters, outdoor storage areas, mechanical equipment and other service areas and functions typically associated with the rear of buildings must not be located in front of or along any building wall facing and/or visible from South Gilbert Street or the future South Central arterial. When located elsewhere on a lot and visible from South Gilbert Street or the future South Central arterial, these items must be screened from view with landscaping or a combination of fencing and landscaping. f. In addition to the requirements of the City's Tree Regulations, the periphery of all parking lots visible from South Gilbert Street or the future South Central arterial street must include a 10-foot wide planted landscaped area including evergreen shrubs or a hedge. This landscaped area must be free of street, access road and sidewalk paving in perpetuity, except where permitted driveways and sidewalks cross it, to allow a sufficient growing area for the landscaping to be established. g. Landscape beds a minimum of 5 feet in width must be provided along at least 50% of each building elevation facing South Gilbert Street and each building elevation facing the future South Central arterial street and must be planted with a variety of evergreen and deciduous shrubbery. 4. The Owner agrees to submit a development concept plan to the Department of Planning and Community Development prior to development. The Director of Planning and Community Development will review and approve the concept plan based on the criteria listed above and the City's then existing development ordinances. The Director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifications substantially satisfy the intent of the criteria. Decisions of the Director may be appealed to the City Council after review and recommendation by the Planning and Zoning Commission. 5. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land and under Iowa Code 414.5 (1999), and that said conditions satisfy public needs that are directly caused by the requested zoning change. 6. The Owner acknowledges that in the event any portion of the subject property is transferred, sold, redeveloped, or subdivided, all development and redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. The Parties acknowledge that this Conditional Zoning Agreement will be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement will inure to the benefit of and bind all successors, representatives and assigns of the Parties. 8. Owner acknowledges that nothing in the Conditional Zoning Agreement will be construed to relieve the Owner from complying with all applicable local, state and federal regulations. 9. The Parties agree that this Conditional Zoning Agreement will be incorporated by reference into the Ordinance rezoning the subject property and that upon adoption and publication of the Ordinance, this Agreement will be recorded in the Johnson County Recorder's Office. "" Olin/L'loyd ,/ ""' ~W. Lehman, Ma~"~r Attest: ' . .... Marian K. Karr, City Clerk ity ~~ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this L/ day of ~"c~4~-~,-~ ,~before me, the undersigned, a Notary Public in and for said Cou;~, in said State, personally appeared Olin Lloyd, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa MY COMMISSION EXPIRE8 ) SS: Ap~5,2O~ JOHNSON COUNTY ) On this .~ day of ~/.~,~ ,2001, before me, the undersigned, a Notary Public in 'and for said Co~Ynty, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) No. ~1-39s'7 passed by the City Council, on the ..~> day of ~'/"*""7 ,200|, and that Ernest W. Lehman and Madan K. Karr acknowle~Jged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. 01-3958 ORDINANCE AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 82.1 ACRES BY ADOPTING A REVISED PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN CONTAINING UP TO 410 DWELLING UNITS ON PROPERTY LOCATED AT THE WEST END OF FOSTER ROAD. WHEREAS, the City of Iowa City is owner and legal title holder of approximately 82.1 acres of property located at the west end of Foster Road; and WHEREAS, the City wishes to encourage the development of a mixed-use compact neighborhood in accordance with the neighborhood design principles of the Comprehensive Plan on said property; and WHEREAS, on June 20, 2000, by Ordinance No. 00-3938, the City adopted the Peninsula Neighborhood Plan as a Preliminary Sensitive Areas Development Plan for said property; and WHEREAS, by Resolution No. 00-231, the City entered into a development agreement with T. L. Stamper Holdings, L.L.C. (hereina~er, Developer), setting forth the parties' rights and responsibilities for development of said properly in accordance with said Peninsula Neighborhood Plan; and WHEREAS, as per said development agreement, the Developer has prepared a revised Sensitive Areas Development Plan that provides details regarding the distribution of housing types, infrastructure systems, lot development standards, open space provisions, and sensitive areas impacts; and WHEREAS, the Planning and Zoning Commission has determined that the revised Preliminary Sensitive Areas Development Plan is in conformance with the Comprehensive Plan, and that, with the exception of the variations noted below, the proposed plan is in technical compliance with all applicable provisions of the City Code. WHEREAS, Iowa Code {}414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisty public needs directly caused by the requested change; and WHEREAS, the Developer acknowledges that certain conditions and restrictions are reasonable to ensure and permit the development of the property in accordance with the principles of the Peninsula Neighborhood Plan; and WHEREAS, the Developer has agreed to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure that the above-referenced principles are addressed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The revised Preliminary Sensitive Areas Development Plan is hereby adopted for the property described below: That part of Auditor's Parcel No. 95080 and all of Auditor's Parcel No. 97099, Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the South quarter-corner of Section 4, Township 79 North, Range 6 West of the 5th P.M.; thence North 1°39'04" West 1317.54 feet along the East line of the Southwest Quarter of said Section 4 (assumed bearing for this description only); thence South 89°43'51" West 563.04 feet along the South line of Government Lot 5 of said Section 4, to a Northeasterly corner of said Auditor's Parcel No. 97099 and the point of beginning; thence South 0°16'09" East 159.36 feet along an Easterly line of said Auditor's Parcel No. 97099; thence South 45°57'40'' West 191.63 feet along a Southeasterly line of said Auditors Parcel No. 97099; thence South 85°52'55'' West 170.28 feet along a Southeasterly line of said Auditors Parcel No. 97099; thence South 42°17'10'' West 607.44 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 81°42'52'' West 978.15 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence North 49°44'00'' West 704.00 feet; thence North 15034'30'' West 615.50 feet; thence North 1°14'00'' West 372.58 feet; Thence North 8°12'00'' East 329.35 feet to a point of intersection with the Easterly bank of the Iowa River and a Westerly line of said Auditor's Parcel No. 95080; thence North 57°04'00'' East 772.76 along a Northwesterly line of said Auditors Parcel No. 95080; thence South 65°32'14" East 972.25 feet along a Northeasterly line of said Auditor's Parcel No. 95080; thence North 76°18'18'' East 468.47 feet along a Northerly line of said Auditors Parcel No. 95080; thence South 1 °39'04" East 981.65 feet along an Easterly line of said Auditor's Parcel No. 95080 and an Easterly line of said Auditor's Parcel No. 97099; thence North 89°43'51" East 330.00 feet along a Northerly line of said Auditor's Parcel No. 97099 to the point of beginning and containing an area of 82.1 acres more or less. Ordinance No. 01-3958 Page 2 SECTION II. VARIATIONS. The following variations from the requirements of the RS-5 zone and Chapter 14- 6, Zoning, are approved, as detailed in the Peninsula Neighborhood Code, adopted by reference as a component of the Conditional Zoning Agreement attached to this ordinance: a) A reduction in the minimum lot size of 8.000 square feet to allow for a more compact development and a variety of lot sizes, while holding the overall density to no more than 5 units per acre; b) Thepr~visi~n~famix~fdwe~~ingtypes~inc~udingdetachedandattachedsing~efami~ydweIlings~r~w houses, townhouses apartment buildings, and live/work units, rather than exclusively single-family detached dwellings; c) Provisions for potential retail and institutional uses within the development, as well as live/work units containing limited retail, office, or studio space on the ground level with residential uses on upper levels; d) Permitting the use of accessory apartments on owner-occupied properties, without the current requirements that the accessory unit be located within the primary structure on the lot, or that one of the units be occupied by an eider or a person with a disability. e) Modifying the size limitations for accessory apartments as listed in the building placement standards for each building type, in lieu of current City Zoning Ordinance restrictions that limit accessory apartments to 800 square feet or 30 percent of the residential floor area on a lot, whichever is less (the minimum size of 300 square feet will remain in effect). f) Elimination of rear and side yard requirements for buildings and parking areas in favor of a buildable area designation for each lot, as noted in the building placement standards for each building type; g) A reduction in the minimum lot width requirements of 60 feet; h) A reduction in the minimum lot frontage of 35 feet; i) A modification of the building coverage limit of 45 percent for many of the lots; j) For the 12 bungalow lots along McCleary Lane, a modification of the requirement that all lots have frontage on an improved city street; k) Am~di~cati~n~fthemaximumheight~imitati~ns~ftheRS~5z~ne~whicheitherincreases~rdecreasesthis limitation by building type, including outbuildings, as noted in the neighborhood code, as well as a modification of the way building height is defined end measured (a measurement from grade along the street facing side of the building to the eave line); I) A modification of the required 10-foot setback from an alley right-of-way for garages, as noted within the building placement standards for each building type; m) The use of several definitions of terms that vary from definitions contained within the Zoning Ordinance. SECTION III. ZONING MAP, The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION IV. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owner, applicant, and the City. SECTION V. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and passage of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same at the office of the County Recorder of Johnson County, Iowa, all as provided by law. SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VII. SEVERABILITY. If any section, provision or part of this 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 VIII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publica ' as requir d by law. uary ,20 01 .  '//~ ~ b CITY~ERK Ordinance No. 01-3958 Page 3 It was moved by 0 ' Donnel 1 and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ , O'Donnell X Pfab X Vanderhcef X Wilbum First Consideration 1 / 16/01 Voteforpassage: AYES: O'Donnell, Vanderhoef, Wilburn, Champion, Kanner, Lehman. NAYS: None. ABSENT: Pfab. Sec~Snd Consideration 2/6/01 Voteforpassage: AYES: O'Donnell, Pfab, Vanderhoef, Wilbur'n, Champion, Kanner, Lehman. NAYS: None. ABSENT: None. Date published 2/28/01 Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), and T. L. Stamper Holdings, L.L.C. (hereinafter "Developer"). WHEREAS, the City of Iowa City is owner and legal title holder of approximately 82.1 acres of property located at the west end of Foster Road; and WHEREAS, the City wishes to encourage the development of a mixed-use compact neighborhood in accordance with the neighborhood design principles of the Comprehensive Plan on said property; and WHEREAS, on June 20, 2000, by Ordinance No. 00-3938, the City adopted the Peninsula Neighborhood Plan as a Preliminary Sensitive Areas Development Plan for said property; and WHEREAS, by Resolution No. 00-231, the City entered into a development agreement with T. L. Stamper Holdings, L.LC. (hereinafter, Developer), setting forth the parties' rights and responsibilities for development of said property in accordance with said Peninsula Neighborhood Plan; and WHEREAS, as per said development agreement, the Developer has prepared a revised Sensitive Areas Development Plan that provides details regarding the distribution of housing types, infrastructure systems, lot development standards, open space provisions, and sensitive areas impacts; and WHEREAS, the Planning and Zoning Commission has determined that the revised Preliminary Sensitive Areas Development Plan is in conformance with the Comprehensive Plan, and that, with the exception of the variations approved jn accordance with the Sensitive Area Ordinance, the proposed plan is in technical compliance with all applicable provisions of the City Code. WHEREAS, Iowa Code §414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order tb satisfy public needs directly caused by the requested change; and WHEREAS, the Developer acknowledges that certain conditions and restrictions are reasonable to ensure and permit the development of the property in accordance with the principles of the Peninsula Neighborhood Plan; and WHEREAS, the Developer has agreed to use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to ensure that the above-referenced principles are addressed. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. City is the property owner and legal title holder and Developer is the contract purchaser of property located at the west end of Foster Road. which property is more particularly described as follows: That part of Auditor's Parcel No. 95080 and all of Auditor's Parcel No. 97099, Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the South quarter-corner of Section 4, Township 79 North, Range 6 West of the 5th P.M.; thence North 1°39'04" West 1317.54 feet along the East line of the Southwest Quarter of said Section 4 (assumed bearing for this description only); thence South 89°43'51" West 563.04 feet along the South line of Government Lot 5 of said Section 4, to a Northeasterly corner of said Auditor's Parcel No. 97099 and the point of beginning; thence South 0°16'09" East 159.38 feet along an Easterly line of said Auditor's Parcel No. 97099; thence South 45°57'40" West 191.63 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 85°52'55" West 170.28 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 42°17'10" West 607.44 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 81°42'52'' West 978.15 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence North 49°44'00" West 704.00 feet; thence North 15°34'30'' West 615.50 feet; thence North 1°14'00'' West 372.58 feet; Thence North 8°12'00'' East 329.35 feet to a point of intersection with the Easterly bank of the Iowa River and a Westerly line of said Auditor's Parcel No. 95080; thence North 57°04'00'' East 772.76 along a Northwesterly line of said Auditor's Parcel No. 95080; thence South 65°32'14'' East 972,25 feet along a Northeasterly line of said Auditor's Parcel No. 95080; thence North 76°18'18'' East 468.47 feet along a Northerly line of said Auditor's Parcel No. 95080; thence South 1 °39'04" East 981.65 feet along an Easterly line of said Auditor's Parcel No. 95080 and an Easterly line of said Auditor's Parcel No. 97099; thence North 89°43'51" East 330.00 feet along a Northerly line of said Auditor's Parcel No. 97099 to the point of beginning and containing an area of 82.1 acres more or less. 2. Developer acknowledges that the City wishes to ensure appropriate residential development that conforms to the neighborhood design polices contained within the Peninsula Neighborhood Plan. Further. the parties acknowledge that Iowa Code §414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations. in order to satisfy public needs directly caused by the requested change. Therefore, Developer agrees to certain conditions over and above City regulations as detailed below, 3. In consideration of the City's approval of a revised sensitive areas development plan for the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the Zoning Chapter, as well as the following conditions: a. Developer agrees that at the time of final sensitive areas development plan approval for the first phase of the development of the Peninsula Neighborhood on the subject property, Developer shall prepare and record architectural and landscaping guidelines for the development of individual building lots within said development. Said guidelines shall be recorded as covenants and deed restrictions that shall run with the land and with title to the land, and shall remain in full force and effect in the event the subject property is transferred, sold, redeveloped, or subdivided. b. The City shall review and approve the content and form of said covenants and deed restrictions and all subsequent revisions administratively prior to recording, and shall indicate such approval via certification by the Director of Planning and Community Development. c. The Peninsula Neighborhood Code is hereby adopted as a component of this Conditional Zoning Agreement by this reference, and the terms, conditions and requirements thereof are given full force and effect as if set forth herein. d. Upon recording recording of said covenants and deed restrictions, the Developer and any successors, representatives or assigns, shall be responsible for enforcement of said covenants and deed restrictions. Failure to enforce said covenants and deed restrictions in a manner that is consistent with the spirit of the 1998 Peninsula Neighborhood Plan shall be deemed a violation of this agreement e. To ensure compliance with the 1998 Peninsula Neighborhood Plan, the Peninsula Neighborhood Code and the covenants and deed restrictions contemplated herein, the Director of Planning and Community Development shall review and approve all applications for building permits relating to exterior construction prior to issuance of said permit. 4. The Developer acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1999), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 5. The Developer acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 7. Developer acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Developer from complying with all applicable local, state and federal regulations. 8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property, and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at the City's expense. Dated this ;O day of /"-e-.&r,~.~'}/ ,2001. By: , T L. Stamper ~,~.~'~ Ernest W.._ehman, M Attest: Ma~ia~ K Karr, City Clerk 4 STATE Of IOWA ) ) ss: JOHNSON COUNTY ) On this ,,/~,,d. day of Ff..J,r~x~ , 200'|, before me, ~'r/t.4' , a Notary Pu~ic in and for the State of Iowa, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known. and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) {-.Rcso:,~t;,~i7) No. DI- ~q'~ ~' passed by the City Council, on the ,/a ,V, day of ~'~r'~. ,200 f, and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of t~e instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. .f,..v,. Notary Public in and for the State of Iowa My commission expires: 3/'7/0 :~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this _~ day of '~n,zt. ~. , A.D. 20 ,~ I , before me, the undersigned, a Notary Public in and for the State of Iowa, personally~ppeared Terry Stamper, to me personally known, who being by me duly sworn, did say that the person is ':Pr,¢ .!I '; ~.-'f" (title) of T. L. Stamper Holdings, L.L.C., and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said '71./.. S~/..,~/>..r acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa My comm,ss,o. exp,res: V7/,3 Peninsula Neighborhood Code Contains non substantive changes from January submission CLEANCOPY Not previously distributed Recorded but not published per Asst. City Atty. Holecek THE PENINSULA NEIGHBORHOOD CODE PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD TH~ PI~NINSULA NEI(~HBORHOOD The Peninsula Neighborhood Code, which includes the Regulating Plan and the Building Placement Standards, has been prepared for use in the Peninsula Neighborhood. All copyrights and publishing fights are exclusively reserved by Ferrell Rutherford Associates. The City of Iowa City and Terry L. Stamper Holdings, L.L.C. are granted full use of this manual for the promotion, permitting, regulation, development and management of the Peninsula Neighborhood, including copying and distribution to interested parties upon their request as a matter of public record for the parts of the Code that will be adopted as City ordinance. This manual may not be otherwise photocopied, in whole or in part, without the expressed written permission of Ferrell Rutherford Associates, L.LC., and may not be used for any other purposes whatsoever. Under the terms of the Declaration of Covenants, Conditions and Restrictions for the Peninsula Neighborhood, the Peninsula Neighborhood Code is binding on all parties having an interest in any portion of the community, and each owner is required to comply with the requirements set forth herein. The Peninsula Neighborhood may, from time to time, be updated and revised via approved procedures by the City of Iowa City and the Peninsula Neighborhood management organization. FERRELL RUTHERFORD ASSOCIATES L.L.C. 19 14th Stxeet S.E. Washington D.C. 20003 telephone (202) 547-7757 facsimile 547-7151 GEOFFFERRELL(a~ARPOWER.NET SUMMERRUTH(~,AOL.COM GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/0! 2 TItlE PENINSULA Ni~I(iIIBOP,,ItOOD, COMPONENTS OF THE PENINSULA NEIGHBORHOOD CODE The Peninsula Neighborhood is a new neighborhood in Iowa City designed to foster public life through its squares, tree-lined streets, and front-porched houses while providing for a comfortable private life through the use of careful standards that ensure a high level of privacy. The development of the Peninsula Neighborhood is govemed by the Peninsula Neighborhood Code, which is designed to achieve those goals in concert with builders working with the techniques and scale of 2 1 st century development. The Peninsula Neighborhood Code is comprised of two separate documents. The portion of the Code submitted to the City contains three sections: Definitions, the Neighborhood REGULATiNG PLAN, and the BUILDiNG PLACEMENT STANDARDS. This portion of the Code is the companion document to the Sensitive Areas Development Plan approved by the City of Iowa City, and is incorporated therein as a component of said Plan. The City of Iowa City shall interpret and enforce these City Code provisions, as modified by the Peninsula Neighborhood Code. The other document that comprises the Code is the set of covenants and deed restrictions that will be privately administered and enforced by the Developer and his assigns, including the Peninsula Neighborhood Architectural Review Board (PNARB), an entity created by the authority of the approved Code. This portion of the Code will include the ARCHITECTURAL STANDARDS, the LANDSCAPING STANDARDS, and the ARCHITECTURAL REVIEW PROCEDURE. These Standards will not become part of the City's Zoning Ordinance. The PNARB shall be responsible for interpreting and enforcing all provisions of the Architectural Guidelines and Landscaping Guidelines contained within the Peninsula Neighborhood Code, as well as any other standard contained herein not otherwise addressed and regulated by the City of Iowa City Code. A. DEFiNITIONS Special definitions are additions or substitutions to the current list of definitions in the City of Iowa City Zoning Ordinance. Certain terms in the Code are used in very specific ways, often excluding some of the meanings of common usage. B. THE NEIGHBORHOOD REGULATING PLAN The REGULATING PLAN (final plat) is the "master plan" for the neighborhood that provides specific information for the disposition of each property or lot. The Plan also shows how each lot relates to the public spaces (STREETS, GREENS, parks, etc.), the overall neighborhood and the surrounding environment. The Neighborhood and the STREET are the "extra value" that makes the Peninsula Neighborhood an extraordinary place to live. For lots in special locations, there may be additional design guidelines identified on the final plat of each phase of construction (REGULATING PLAN). C. THE BUILDING PLACEMENT STANDARDS GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 3 TIii~ PEIqI~SULA NI~IGII~ORtIOOD The Peninsula Neighborhood Building Placement Standards establish the basic parameters goveming building form, including the envelope for building placement (in three dimensions) and certain/permitted building elements, such as porches, balconies, and fences. The Building Placement Standards establish both the boundaries within which things may be done -- and specific things that must be done. The goal of the Peninsula Neighborhood BUILDING PLACEMENT STANDARDS is to shape good public space and healthy outdoor private space (yards and gardens). They aim for the minimum level of control necessary to meet that goal. Variances to the Peninsula Neighborhood BUILDING PLACEMENT STANDARDS Can be granted only where the unique physical cimumstance of a lot makes compliance impossible (and the specific variance must also pursue the intent of the Standard, as well as meet the conditions of the City of Iowa City Board of Adjustment). THE PENINSULA NEIGHBORHOOD COVENANTS AND DEED RESTRICTIONS The development of the Peninsula Neighborhood is also governed by private covenants and deed restrictions, as mentioned above. Although not part of the City's purview, the intent of these Standards and Procedures is described here so that the City understands how they will function in relation to the other Standards of the Code: THE ARCHITECTURML STANDARDS The goal of the Peninsula Neighborhood Architectural Standards is a coherent and pleasing architectural character that is appropriate to the Iowa City tradition. The Architectural Standards govem a building's architectural elements regardless of location and set the parameters for allowable materials, configurations, and construction techniques. Equivalent or better products than those specified are always encouraged. THE LANDSCAPE STANDARDS The purpose of the Landscape Standards is to ensure coherent neighborhood streets and to assist property owners with understanding the relationship between the street and their own front yards. These Standards set the parameters for planting and maintenance of trees on or near each lot. THE ARCHITECTURAL REVIEW PROCEDURE Through the adoption of this Code as an amendment to the Zoning Ordinance, the Peninsula Neighborhood Architectural Review Board (the Board, or PNARB) is established to administer an ARCHITECTURAL REVIEW PROCEDURE to execute this authority and to protect the value of lots and houses in the Peninsula Neighborhood. It is the responsibility of the Board to review architectural and landscape plans for compliance with the Peninsula Neighborhood Code and to provide design guidance when necessary. The PNARB shall be solely responsible for interpreting and enforcing the Peninsula Neighborhood Code regarding architectural and landscape standards, as well as any other standards not otherwise addressed and regulated by the City of Iowa City Code. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 4 TI!I~ P~,NIN,~ULA NI~IGHBORHOOD THE PENINSULA NEIGHBORHOOD DEFINITIONS GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 5 T~l~ PI~NIN8ULA NEIGHBORflOOD The following definitions are additions or substitutions to the current list of definitions in the City of Iowa City Zoning Ordinance for use with this Code. Certain terms in the Code are used in very specific ways, often excluding some of the meanings of common usage. Wherever a word is printed in SMALL CAPITAL LEI'IERS, it is being used as defined herein. ACCESSORY UNIT A dwelling unit on a single-family lot incidental to the primary residence and no greater than 650 square feet in size. (Note: This definition differs from the Definition of "Accessory Apartments "in Chapter 6, Article B Zoning Definitions of the City Zoning Ordinance). ALLEY The open public way at the rear of lots that provides access to vehicle parking (e.g., garages), utility meters and garbage bins. The ALLEY Right of Way is generally 25 feet. (Note: This definition differs from the Definition of "Alley" in Chapter 6, Article B Zoning Definitions of the City Zoning Ordinance). BACK YARD The open portion of the lot behind the building or FRONT YARD, including the OPEN SIDE of the lot. (Note: This definition differs from the Definition of "Rear Yard" in Chapter 6, Article B Zoning Definitions of the City Zoning Ordinance). BUILDABLE AREA The area of the lot within which buildings will sit. The BUILDABLE AREA sets the limits of the building footprint now and in the future -- additions must be within the designated area. This provides for future growth in a manner consistent with the Peninsula Neighborhood's Quality of Life goals. The BUILDABLE AREA is illustrated in and set by the BUILDING PLACEMENT STANDARDS. (Note: This definition differs from the Definition of "Buildable Area" in Chapter 6, Article B Zoning Definitions of the City Zoning Ordinance). BUILDING PLACEMENT STANDARDS The BUILDING PLACEMENT STANDARDS establish the basic parameters governing building construction. This includes the envelope for building placement (in 3 dimensions) and certain required/permitted building elements, such as porches, balconies and fences. CIVIC GREEN, SQUARE PUBLIC SPACES located within the NEIGHBORHOOD, as designated on the REGULATING PLAN. The CIVIC GREEN iS a primarily unpaved, formally configured, small public lawn or park. The SQUARE is generally paved, appropriate to a more highly trafficked area. Both spaces should be surrounded by canopy STREET TREES. Their tract dimensions shall be no less than a 1:4 ratio, with a minimum tract dimension of 25 feet. Situated at prominent locations within the NEIGHBORHOOD and often dedicated to important events or citizens, c/vtc GREENS and SQUARES may contain play equipment but shall not include ball fields and COUrtS. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 6 THB P~I~il~ULA NI~IGItBORHOOD COIvIlvION DRIVE A shared access easement for two or more lots, typically found on EDGE LOTS. COMMON LOT LINES Lot lines shared by private lots, generally side lot lines. CONSERVATION LINE A line established to guarantee the preservation of the Peninsula's natural areas and slopes and to preserve the views from EDGE LOT houses. Land beyond the CONSERVATION L1NE shall not be built upon paved, driven on, re-graded or othenvise disturbed. CORNER LOT A lot in which one side lot line is adjacent to the STREET. Where a PRIVACY BUILDING LINE is located on the side adjacent to the STREET, the PRIVACY SIDE restrictions on windows do not apply. Special fencing and landscape requirements may also apply. EAVE, MAIN EAVES, OR EAVE HEIGHT Used for measuring permitted building heights, the MAIN EAVES are the caves of the primary roof of the building. Dormers are permitted and do not count against the building height restrictions, so long as they do not break the MAIN EAVES line, and are individually less than 15 feet wide and collectively less than 30% of the building's STREET facade. EDGE LOT A lot located on the perimeter of the neighborhood whose rear lot line faces and/or is within the Peninsula conservation area. FRONT PORCH The ground floor platform attached to the front or STREET side of the main building. Required FRONT PORCHES, as defined in the BUILDING PLACEMENT STANDARDS, must be roofed and enclosed by balustrades (railings) and posts that extend up to the roof and shall not be otherwise enclosed except with insect screening. FRONT YARD The area of the lot from the STREET FRONTAGE to the enclosed portion of the building wall. This area is contiguous with the STREET, and includes the FRONT PORCH. (Note: This definition differs from the Definition in Chapter 6, Article B Zoning Definitions of the City Zoning Ordinance.). FRONT YARD FENCE The wood (picket) or wrought iron fence or masonry wall located one foot behind the STREET FRONTAGE of private lots and also along COMMON LOT LINES to at least 10 feet back from the STREET BUILDING LINE. GARDEN WALL GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 7 TtlI~ PI~IqlRSULA ]~.IGIIBORIIOOD A masonry fence. This may take the basic form of a FRONT YARD or a PRIVACY FENCE depending on its height and placement. OPEN SIDE The side of the house and lot opposite the PRIVACY SIDE and PRIVACY BUILDING LINE (PBL). There are no window restrictions on the OPEN SIDE, and a minimum setback is used, rather than a REQUIRED BUILDING LINE. The OPEN SIDE of the house has no privacy restrictions because the windows on the adjacent side of the neighboring house are restricted by Privacy-Side Manners (See PBL below). PEDESTRIAN PATHWAY PEDESTRIAN PATHWAYS are interconnecting paved walkways that provide pedestrian passage through blocks running from STREET to STREET. These pathways should not be less than 10 feet in width, except where specifically noted on the REGULATING PLAN, and should provide an unobstructed view through the block. PENINSULA NEIGHBORHOOD ARCHITECTURAL REVIEW BOARD (PNARB) The PENINSULA NEIGHBORHOOD ARCHITECTURAL REVIEW BOARD (PNARB) is a group of individuals created by the Peninsula Covenants. The PNARB is established to administer and enforce the architectural and landscape standards for new construction and future building modifications, as well as certain portions of the BUILDING PLACEMENT STANDARDS within the Code not otherwise enforced by the City of Iowa City. PRIVACY BUILDING Ln'CE (PBL) The PBL is the required side building line for lots in the neighborhood where designated on the REGULATING PLAN. The building must be placed along the PBL, generally three (3) feet from one side lot line. Windows are restricted on this side of the building. The PBL is set consistently along a given STREET, allowing houses to open to the other side, toward their OPEN SIDE yards. PRIVACY FENCES Fences and hedges along COMMON DRIVES and COMMON LOT LINES (where more than 10' behind the REQUIRED STREET BUILDING LINE (RSBL)) may be as high as eight (8) feet above the adjacent ground. Wire fences shall have a hardy species of hedge or climbing vine planted along them. PUBLIC SPACE Property (STREETS, ALLEYS, CIVIC GREENS, SQUARES and parks) within the public domain and physically within the neighborhood within which citizens may exercise their fights. REGULATING PLAN The REGULATING PLAN is the "master plan" for the neighborhood that provides specific information for the disposition of each property or lot. The REGULATING PLAN specifies the BUILDING PLACEMENT STANDARD for each lot and shows how each building contributes to the larger neighborhood, as well as the arrangement of PUBLIC SPACE in relation to private space. For lots in special locations, there may be additional design guidelines. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 8 THE PENINSULA ]~IHGHBORHOOD REQUIRED STREET BUILDING Ln~rE (RSBL) The building (generally the H~ONT PORCH) must be built-to (coincident with) the RSBL. The RSBL is the required building line (a requirement, not a permissive minimum as in a set-back), generally seven (7) feet from the STREET FRONTAGE. The RSBL for each lot is shown on the REGULATING PLAN. SIDEWING The portion of a building extending along a side lot line toward the ALLEY or COMMON DRIVE or garage. This portion may be built initially or as a later addition. The SIDEWING sits within the BUILDABLE AREA of the lot as shown in the BUILDING PLACEMENT STANDARDS. STREET, STREET FRONTAGE, AND SIDE STREET 1. STREET includes all PUBLIC SPACE (STREETS, SQUARES, GREENS, parks) -- but not COMMON DRIVES or ALLEYS. 2. STREET FRONTAGE refers to the lot line with the shorter dimension, generally coincident with the wider STREET Right of Way. 3. The SIDE STREET is the STREET of the longer lot line, generally with the lesser Right of Way along it. STREET TREE A deciduous canopy tree as listed in the STREET TREE list on the REGULATING PLAN. STREET TREES are of a hardy species, large enough to form a canopy with sufficient clear tnmk to allow traffic to pass under unimpeded. STREET TREE ALIGNMENT LINE A generally straight line that STREET TREES are to be planted along. This aligmnent is parallel with the STREET and unless specified in the REGULATING PLAN is set four (4) feet back from the curb. STREETSCAPE This term refers to the various components that make up the STREET, both in the Right of Way and on private lot frontages. It includes pavement, parking spaces, planting areas, STREET TREES, streetlights, sidewalks, FRONT YARD FENCES, FRONT YARDS, FRONT PORCHES, etc. STOOP An entry platform on the STREET side of a building. STOOPS, where required by the BUILDING PLACEMENT STANDARDS, may be roofed but they may not be enclosed. "WHERE CLEARLY VISIBLE FROM THE STREET" Many requirements of this Code apply only where the subject is "clearly visible from the STREET." Note that the definition of STREET includes parks, cIvIc GREENS, SQUARES, and all public areas except ALLEYS or COMMON DRIVES. The intent here is to restrict control to the public realm where it has significance and limit public interference in the private realm. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 9 Tlil~ PI~NI~ULA THE PENINSULA NEIGHBORHOOD REGULATING PLAN GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 10 TI'[I~ PI~NIN.SI,~LA NEIGHBORHOOD UNDERSTANDING THE REGULATING PLAN As the principal tool for implementing the Peninsula Neighborhood Master Plan, the REGULATING PLAN identifies the basic physical characteristics of each lot and the type of building assigned to it. It also identifies the type and placement of STREET TREES on each STREET, as well as identified parking spaces. A Preliminary REGULATING PLAN is submitted as part of the Code of the Preliminary Plat document. The Potential Landscape Plan is part of the REGULATING PLAN as it defines STREET TREE placement. The illustration below explains the elements of the REGULATING PLAN and will be useful as a reference when examining the PLAN. UNDERSTANDING THE REGULATING PLAN ,_h\ ..... '-."--C REQUIRED STREET BUILDING LINE (RSBL) i~9'THIS IS THE BLOCK ADDRESS ,,:,-, 12 THIS IS YOUR LOT NUMBER (Lot 9) "-,.' .~ '.,: As D THIS IS YOUR BUILDING TYPE / E = Estate Site /\-,.c9 / D = Peninsula House Site ,h~ \q2 C Cottage Site B Bungalow Site .,. T Townhouse Site LW = Live-work Mixed Use Site R = Rowhouse Site As = SmoH Apartment Site THESE ARE YOUR PROPERTY LINES /. ,-,, TREES (Planted by the Developer) STREET PARKING: Dedicated Lanes or T24z /' \ / T24 / 4 Limited On Street Parking A final REGULATING PLAN will be submitted with the final plat application for each development phase of the Peninsula Neighborhood. The exact placement of lot lines, trees and parking spaces in the final PLAN may be slightly different only by a few degrees or feet, but the basic configuration of the PLAN will not change. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 ll Tlt~ PI~NINSULA N~IGItBORIIOOD THE PENINSULA NEIGHBORHOOD BUILDING PLACEMENT STANDARDS GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 12 TIlE PEiqlRSULA ]qEIGI.IBORI[IOOID INTRODUCTION The Neighborhood REGULATING PLAN identifies the BUILDING PLACEMENT STANDARDS for all lots. The goal of the BUILDING PLACEMENT STANDARDS iS good STREET fOIT/l arid desirable outdoor private space (yards and gardens). They aim for the minimum level of control necessary to meet that goal. Variances to the BUILDING PLACEMENT STANDARDS can be granted only where the unique physical circumstance of a lot makes compliance impossible (and the specific variance must satisfy the intent of the STANDARD). The BUILDING PLACEMENT STANDARDS set the basic parameters governing building construction, including the building envelope (in three dimensions) and certain required/permitted elements, such as porches, balconies, and fences. The STANDARDS specify building types that will be built within the Neighborhood. GENERAL PRINC/PLES 1. BUILDINGS ARE ALIGNED AND CLOSE TO THE STREET. Buildings form the space of the STREET. 2. BUILDINGS FORM AND PROTECT PRIVATE OPEN SPACE. Whether a yard, garden or courtyard, private open space is an important complement to the public space of the neighborhood. 3. BUILDINGS HAVE FRONT PORCHES OR BALCONIES. This overview of the STREET contributes to healthful STREETS and safe neighborhoods, while serving as a buffer between the house interior and STREET activity. 4. BUILDINGS ARE DESIGNED FOR TOWNS. Rather than being simply pushed closer together, as in many suburban developments, buildings must be designed for their close siting within towns and cities. Views are directed to the STREET and the BACK YARD, not toward the neighbors. 5. PROPERTY LINES ARE PHYSICALLY DEFINED BY FENCES, HEDGES OR GARDEN WALLS. Land should be clearlypuHic orprivate--in public view for surveillance or private and protected. 6. VEHICLE STORAGE, GARBAGE AND MECHANICAL EQUIPMENT IS AWAY FROM THE STREET. Access to garages shall be from the ALLEY or COMMON DRIVE. Where garages must be front-loaded, they shall be set at least 20 feet behind the front plane of the house. The following several pages outline the specific BUILDING PLACEMENT STANDARDS for each building type. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/! 9/0 ! 13 Tllli P~NINSUI,,A NI~IGHBORI.IOOD BUILDING PLACEMENT STANDARD ESTATE HOUSES GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 14 Tl!ii PENINSIJLA ~EIGHBORHOOD PENINSULA Building Placement Standards Estate Houses The pfindpal building shall be between 12 and 25 ft to its Eaves. The accessory building shall be no more than 18 ft to its Eaves. 1~ PRIVACY FENCE 8 FT MAX EAVE HEIGHT ACCESSORY The first ~oor fiinshed elevation shall be at least 30 inches above ~1 Property tin.e~-I The principal building shall be Built-To the Required Street Building Line (RSBL). For Edge Lots designated on the Regulating Plan ~' ~RSeL2 T T J '~A~U-~ withasecondRSBL(17ftofftheStreetFrontage),tbeFrom gOD BLE UINlUOU SIpS SEmACg [ZW Porch is op~onal and the building (enclosed portion) shallbe ~ a ~ g ~s g ~' Bu&- To this second RSBL ~aeminimttmsideSetback is5ft. ss~T LOT '~.~T" hn rx0~s,o. A~e^ ..~%/ The garage, parking for veWcles (amos, tnilets, boats, etc.) shall be °~s~r2~V Lots where the garage door (and/or parking area) shall be at lest 20 ft behind the front buildlng wall). AnydesignatedCommon kept within the designated GarageParking area (except for Edge ~/~ Architect. t ~l~g~*~'rZ'~ ?VgSP~i~ ~"2..~o,~.L~d wi~i, ,:be Co,~:~tio.', E~,,.'~,t sh~ not be b~ ,~_. ~ ~ ~ driven on, regraded, or othenvise disturbed. 33~, LOT L_~ A Front Porch, betvceen 8 ft and 10 ft deep with a width equal to no less than 33% of the Street Frontage, is reqinred along the PORCH lO FT MAX germ For designated Edge Lo~s (see the Regulating Phn) the Front PRwAgY FENCE Porch is optional. X s FT ~AXA Privacy Fence, maximran 8 i in height, may nm the remainder of PORCH l g F~the rear and Common Lot Lines (except within the Front Yard area which may only have a Front Yard Fence). $ Above the Ground Floor only Residential Uses are permitted (Bed and Bneakfast Homesta~ are permitted on all floors). /,XX,x Ground Floor and B~sement space may additionally include Home Occupations (by fight subject to Zoning Regulatiogg Section RESIDENTIAL 14-6M- l[BI6]. ONLY Parking, occupant's workshop, and Accessory Unit( <1550 Sq Ft) .............. uses are pennitt~d in the building area at the rear of the lot. See GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 15 TIlE PENINSULA NEIGHBORHOOD SPECIFICATIONS: ESTATE HOUSE HEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING LINE CRSBL) elevation (ALLEY Or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified on the STANDARD. FENCE and GARDEN WALL heights are relative to the adjacent ground elevation when not fronting a sidewalk. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: 1. The buildings shall occupy only the specified (hatched) area of the lot. No parts of the buildings (excepting overhanging caves, garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. At least 35% of the lot area shall remain open and not be built upon (nor used for parking) except where otherwise specified in the Code. 3.CORNER LOTS: a. The STREET FRONTAGE for CORNER LOTS is both the front and side STREETS. b. The fence requirements for CORNER LOTS additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage STREET. ELEMENTS SPECIFICATIONS: 1. The building's STREET facade should be composed as a simple plane (jogs less than 18" are considered within this requirement) interrupted only by porches, STOOPS, balconies, and storefronts. 2. All lots bordering an ALLEY shall use the ALLEY as the sole means of automobile access, unless otherwise approved by the City. 3. Garaged~~rssha~~n~tface~andparkingareas(unenc~~sed)sha~~n~tbe~~catedwithin2~feet~fthe STREET unless hidden by a GARDEN WALL. 4. For EDGE LOTS designated on the REGULATING PLAN with a second REQUIRED STREET BUILDING LINE (RSBL, generally 17 feet off the Street Frontage), both the FRONT PORCH and FRONT YARD FENCE are optional. The principal building facade (enclosed portion) shall be built-to this second RSBL. HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations Section 14-6M-I(B)(6). ACCESSORY UNITS: Accessory units are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units. Conversion of primary structure single-family units for multiple family uses is prohibited. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 16 TH~ PI~NINSULA NI~!GI:IBORI'|OOD BUILDING PLACEMENT STANDARD fOF PENINSULA HOUSES GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 17 TIlE PENINSULA NI~IGIfiBORBOOB PENINSULA Building Placement Standards Peninsula Houses The principal buikting shall be betx~een 12 and 25 ft to its Eaves. The accessory building shall be no more than 18 ft to its Eaves. ~ PRIVACY FENCE 1'~ EAVE HEIGHT 8 FT MAX I The fixst floor finisbed elevation shall be at least 30 niches above 25 FT UAX SIDEV, INO ACCESSORY thehighestRSBLelevation. The principal building shall be Btdlt- To the Required Street Building Property Li~,,~-I Line CRSBL). ForEdgeLott designated onthe RegulatingPlan I' J' 'JALLE~t with a second RSBL (17 ft off the Street Frontage), the Front .,N,.u. S~DE ssmAcg [2~w Poxch is optional. The building shall be Built-To this second KSBL. ~gu,u,uu~ The mniimum side Setback isSft. ~R Ai'~q~ The garage, parking for vehicles (autos, trallels, boats, etc.) ,lmIl be ~ms~ P~v Lots where the garage deor (and/or parking area) shall set be at s~k0~a, ~ kept within the designated Gatage-Parknig area (exxept for Edge ~ least 20 ft behlnd the front building ve, dl). Anydesignated sira~c~ Common Drive easements shall be respected -- consult with the Town An:hitect. ~'~'g~)iZ~zi?'/e-%trP~"~( ~ti~o~tog, Land within the Comerration Easement shall not be built upon, Deano'er c~KtheRegulohng Plo~[ driven on, regraded, or otherwise disturbed. LOT L~[~/, A Front Porch, between 8 ft and 10 ft deep with a width equal to FT UIN 4 ~ Reglllariflg Plan) the Front Poxch is optional. a Fr UAX the rear and Contmon Lot Lines (except within the Front Yard area Above the Ground Floor only Residential Uses are permitted (Bed and Breakfast Homestays are permitted on all Ground Floor and Basemere space may additionally niclude Home r/J 14-6M-l[BI6]. D Parking, occupant's workshop, and Accessory Unit ( <$50 Sq Ft) lo~s .............. uses am permitted ni the building area at the rear of the lot. See attached Specifications. Draft Version Janua~, 2001 © 2~ol FSRRELL RUTBERFORD ASSCCIATES L L C All Rsgh~ GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 18 Tiii~ P~,NII,~SULA NEIGHBORI.IOOD SPECIFICATIONS: PENINSULA HOUSE HEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main caves or other point specified on the STANDARD. FENCE and GARDEN WALL heights arc rclativc to the adjacent g~ound elevation when not fronting a sidewalk. On EDGE LOTS, height for accessory buildings will bc measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: 1, The buildings shall occupy only the specified (hatched) area of the lot. No parts of the buildings (excepting overhanging eavcs, garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. At least 35% of the lot area shall remain open and not be built upon (nor used for parking) except where otherwise specified in the Code. 3. CORNER LOTS: a. The STREET FRONTAGE for CORNER LOTS is both the front and side STREETS, b_. The fence requirements for CORNER LOTS additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage street. ELEMENTS SPECIFICATIONS: 1. The building's STREET facade should be composed as a simple plane (jogs less than 18" are considered within this requirement) interrupted only by porches, STOOPS, balconies, and storefronts. 2. All lots bordering an ALLEY shall use the ALLEY as the sole means of automobile access, unless otherwise approved by the City. 3. Garage doors shall not face, and parking areas (unenclosed) shall not be located, within 20 feet of the STREET unless hidden by a GARDEN WALL. 4. For EDGE LOTS designated on the REGULATING PLAN with a second REQUIRED STREET BUILDING LINE (RSBL, generally 17 feet off the STREET FRONTAGE), both the FRONT PORCH and FRONT YARD FENCE are optional. The principal building facade (enclosed portion) shall be built-to this second RSBL. HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations Section 14-6M-1 (B)(6). ACCESSORY UNITS: Accessory units are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units. Conversion of primary structure single-family units for multiple family uses is prohibited. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 19 Ti[I~ Pi~NINSULA NEIGI'IBORtiOOD BUILDING PLACEMENT STANDARD COTTAGES GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 20 TI[Ii PI~NIIqSULA NEIGIIBORI'IOOD PENINSULA Building Placement Standards Cottages The principal building shall be no more than 28 ft to its Eaves. The accessory building shall be no more than 18 ft to its E aves. ~'~ mVACY lm~ 8 FT M~AEXNCE AllySideIVillg slllll b~ llo IllOre thaI1 lS ~t tO its E~tves, O .~ The Front Porch floor elevation shall be no less than 30 niches above the highest RSBL elevation. ,.~h~ The first storeyshall have at least 9 ft clear height. The second ~ ~ storey shall have at least 8 f~ clear height. I I 7 rr i Re uired Street Buildin LineProp.Fly u~ ~-- TheprnicipJbuildingshallbeBdlt-TotheP, equiredStreetBuildnig ~owl 13he (KSBL), as destgnated on the Regulating Plan. The minimum ~ I ~ g u,N~u.~g lines must be > 8 ft. ~g,,,OptN g ! ~ TheReguhtin~phnmaydesignateareqt~redPxivacyBuildingLnie ~ BUk~DE~BL~ LOrA"EA ~"'~ (PBL) 3ft-6inchesofftheCommonLotlnie(generallyNoxthor vam~. 2o SUndiaL ~ The garage, vehicle parldng (autos, trailers, boats, etc.) shall be kept 50x LOT L[~/. A Front Porch, between 8 ft and 10 ft deep with a width equal to no less than 50% of the Street Frontage, js required along the ~ ENCOURhCEO) PRrVACY FENCE the rear and Common Lot Lines (except within the Front Yard area ~o io i~ X which may only have a Front Yasd Fence). Above the Ground Floor onlyResldential Uses axe pertained (Bed and Breakfast Homestays are permitted on all floors), Ground Floor and Basement space may additiona/ly include Home Occupations Coy fight subject to Zoning Regnladons Section RESIDENTIAL 14'6M'l[BI6]' ONLY patking, cccupant's workshop, and AccessoryUnit (q~50 Sq Ft) RESIDEmlAL uses 2a-e permitted ni the buildnig ~rea at the rear of the lot. See HOMEOCCUPA OIq~ .................. auachedSpecffications. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 21 Tile PI~NIRSULA SPECIFICATIONS: COTTAGE HEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING LINE CRSBL) elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main caves or other point specified on the STANDARD. FENCE and GARDEN WALL heights are relative to the adjacent ground elevation when not fronting a sidewalk. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: 1. The buildings shall occupy only the specified (hatched) area of the lot. No parts of the buildings (excepting overhanging eaves, garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. At least 35% of the lot area shall remain open and not be built upon (nor used for parking) except where otherwise specified in the Code. 3.CORNER LOTS: a. The STREET FRONTAGE for CORNER LOTS is both the front and side STREETS. b. The fence requirements for CORNER LOTS additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage STREET. ELEMENTS SPECIFICATIONS: l. The building's STREET fagade should be composed as a simple plane (jogs less than 8" are considered within this requirement) interrupted only by porches, STOOPS, balconies, and storefronts. 2. All lots bordering an ALLEY shall use the ALLEY as the sole means of automobile access, unless otherwise approved by the City. 3. Garaged~~rssha~~n~tface~andparkingareas(unenc~~sed)sha~~n~tbe~~catedwithin2~feet~fthe STREET unless hidden by a GARDEN WALL. 4. For EDGE LOTS designated on the REGULATING PLAN with a second REQUIRED STREET BUILDING LINE (RSBL, generally 17 feet off the STREET FRONTAGE), both the FRONT PORCH and FRONT YARD FENCE are optional. The principal building fagade (enclosed portion) shall be built-to this second RSBL. HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations Section 14-6M-l(B)(6). ACCESSORY UNITS: ACCESSORY UNITS are pern~itted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units. Conversion of primary structure single-family units for multiple family uses is prohibited. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 22 TIlE Pi~NiI,~SULA NIHGHBORI.IOOD BUILDING PLACEMENT STANDARD fOF TOWNHOUSES & LIVE WORK BUILDINGS GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 23 Tti:~ PI~NIR;SULA NIHGilBORItOOD PENINSULA Building Placement Standards Townhouses & Live Works The ptincipal building shall be benveen 18 ft and 32 ft to its Eaves. The accessory building shall be no more than 18 ft to ks Eaves. ~ PRIVACY FENCE Ally Sidewlng shall be no more than 15 ft to its Eaves. r The Front Porch floor elevation shall be bet~veen 30 and 40 inches ~ EASE HEIGHT 8 T MAX ~kQ ~3gvr~m~_~.x ff""xilg~r~v~l ~ucg~msNsgRY abovethefrontinggSBLelevadon. ~]~ ~ adjacent ~BL elevation d shall have a mum I0 ft clear height. The principal building shall be Buik-Tothe Required Street Building Line (ItgBL), as designated on the Regulating Plan. Sidewing area constrt~on shall be within and Built. Totbe Pd. vacy ~ B,,iMi.g Line (PBL) (generallythe North or East side). ~ The lot/unit width shall be bet~veen 20 ft and 28 ft. A maxanam of 4~ 8 units shall be contiguous. There shall be a minimum 10 ft gap · .-4 ~ between buildings where multiple Town House buildings are built ~ g ~m~u (except where otherwise designated on the Regulating Plan). ~ The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept Sem,CK within the designated Garage-Parking area (and/or as designated on the Regulating Plan). soy. coy L~ A Front Porch, between 8 ft and 12 f~ deep with a width equal to r../J ~0~Nm F Required fitmet Building Line (RSBL). 4.~ o,z stodgy no less than 50% of the Street Frontage, is required along the Above the Ground Floor only Residential uses are permiged (Bed and Breakfast Homestays are pemqitted on all floors). Ground Floor and Basement sp=ce may addkionally include Home Occupations and Neighborhood Commercial uses byfight (see attached Specificatiom). Parking, occupmat's workshop, Home Occupations, and Accessory Unit ( <SO0 Sq Ft) uses are penthtted in the building area at the rear GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 ~4 THE PI~NIN3ULA NIHGHRORHOOD SPECIFICATIONS: TOWNHOUSE & LIVE WORK BUILDINGS HEIGHT SPECIFICATIONS: Principal buitding height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY or COMMON DRIVE fi'ontage for accessory buildings) to the main caves or other point specified on the STANDARD. FENCE and GARDEN WALL heights are relative to the adjacent ground elevation when not fronting a sidewalk. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent Found elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: 1. The buildings shall occupy only the specified (hatched) area of the lot. No part of the buildings (excepting overhanging caves, garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. At least 10% of the lot area shall remain open and not be built upon except where otherwise specified in the Code. 3. CORNER LOTS: a. The STREET FRONTAGE for CORNER LOTS is both the front and side STREETS. b. The fence requirements for CORNER LOTS additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage STREET. ELEMENTS SPECIFICATIONS: 1. The building's STREET faqade should be composed as a simple plane (jogs less than 8" are considered within this requirement) interrupted only by porches, STOOPS, balconies, and storefronts. 2. All lots bordering an ALLEY shall use the ALLEY as the sole means of automobile access, unless otherwise approved by the City. 3. Garage doors shall not face, and parking areas (unenclosed) shall not be located within 20 feet of the STREET unless hidden by a 6ARDEN WALL. LIVE WORK UNITS differ in that there is no FRONT PORCH requirement and the ground storey finished floor elevation shall be no greater than 6 inches above the adjacent sidewalk elevation and shall have a minimum 10 fi clear height. There is no FRONT YARD FENCE requirement. NEIGHBORHOOD COMMERCIAL USES: The following uses are permitted by right: 1. Retail or personal service establishments limited to the ground floor space within the existing structure. 2. Adult or child care homes. 3. Bed and Breakfast Homestays. I 4_. Offices limited to dental practices, general medical practices, insurance, real estate or travel agencies, accounting practices and law offices, limited to ground floor space within the existing structure. HOME OCCUPATIONS; Home occupations are permitted subject to Zoning Regulations Section 14-6M-l(B)(6). ACCESSORY UNITS: ACCESSORY UNITS are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units, except for LIVE WORK UNITS. Conversion of primary structure single-family units for multiple family uses is prohibited. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 25 TIII~ PI~NINSULA NIHGBBORBOOD BUILDING PLACEMENT STANDARD for ROWHOUSES GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 26 THE Pi~HINSULA, N1HGHBORtlOOD PENINSULA Building Placement Standards Rowhouses The principal building shall be betv~en 15 ft and 32 ft to il~ eaves. PRIVACY FENCE ~,~x , NG I ACCESSORY Anyaccesso~,buildlngshallbenomorednnlgfuoitseaves. ~} is u~Tx~,~.~ "'~k,~ The first floor finished elevation shall be no less than 36 inches in above the highest RSBL elevation. The primary b,~lding shall be B~-Tothe Required Street Building Line ('RSBL), 7 ft off the ROW/Lot Frontage -- except whene Regulating Plan otherwise designated on the . Building Line (PBL) (generally the North or East side). Sidewing area constructinn shall be within and Built-Tothe Ptivacy The lot/tmit wldth shall be between lg ft and 20 ft. A~umof 5 tmits shall be contiguous as a single buildmg. Thereshallbeal0ft specifically designated on the Regulating Plan). The garage, vetficle parking (autos, traile~, boats, etc.) shall be kept within the designated gamge-parklng area. Parking access shall be through the Alle}~ A Stoop, not more than 5 ft deep and 6 ft wide (plus steps) is permitted forward of the Required Sueet Building Line (RSBL). anyunbuiltrearandCommonLotLines. Above the Ground Floor onlyResidential uses ane permitted (Bed and Breakfast Homestays are permitted on all floors). JT//~ Ground Floor and Basement space mayadditionallyinclude Home Occupations and Neighborhood Comme~ial uses by ~ght (see attached Specifications). RESIDENTIAL ONLY Parking, occupant's workshop, Home Occupatiom, and Accessory aesid, .ome OCe Unit ( <500 Sq Ft) uses are permitted in the building area at the rear Neigh Commercial Of the lot. See attached Specifications. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 ~7 Ttil~ Pi~NINSULA ~EIGHBORHOOD SPECIFICATIONS: ROWHOUSE HEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main caves or other point specified on the STANDARD. FENCE and GARDEN WALL heights are relative to the adjacent ground elevation when not floPring a sidewalk. SITING SPECIFICATIONS: 1. The buildings shall occupy only the specified (hatched) area of the lot. No part of the buildings (excepting overhanging caves, garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. At least 15% of the lot area shall remain open and not be built upon except where otherwise specified in the Co&. 3. CORNER LOTS: a. The STREET FRONTAGE for CORNER LOTS is both the front and side STREETS. b. The fence requirements for CORNER LOTS additionally allow a PRIVACY FENCE along the SiDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the corner (ROW intersection) of the frontage STREET. ELEMENTS SPECIFICATIONS: 1. The building's STREET facade should be composed as a simple plane (jogs less than 8" are considered within this requirement) interrupted only by porches, STOOPS, balconies, and storefronts. 2. All lots bordering an ALLEY shall use the ALLEY as the sole means of automobile access, unless otherwise approved by the City. 3. Garage doors shall not face, and parking areas (unenclosed) shall not be located within 20 feet of the STREET Unless hidden by a GARDEN WALL. NEIGHBORHOOD COMMERCIAL USES: The following uses are permitted by right: 1. Retail or personal service establishments limited to the ground floor space within the existing structure. 2. Adult or child care homes. 3. Bed and Breakfast Homestays. 4. Offices limited to dental practices, general medical practices, insurance, real estate or travel agencies, accounting practices and law offices, limited to 50% of ground floor space within the existing structure. HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations Section 14-6M-l(B)(6). ACCESSORY UNITS: ACCESSORY UNITS are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units. Conversion of primary structure single-family units for multiple family uses is prohibited. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 28 THE PEgHINSULA NEIGI1BORIIOOI) BUILDING PLACEMENT STANDARD fOF SMALL APARTMENT BUILDINGS GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 29 TIlE Pi~NllqSULA IqlHGHBOP, HOOD PENINSULA Building Placement Standards Small Apartment Buildings The principal building shall be betvaeen 22 ft wad 45 ft to its Eaves. Any accessory bnilding or Sidewlng shall be no mo/e than 15 ft to UA FT ACCESSORY BUILDIN~ ~0 ~ --/""% g." i'?&%~, i. n~ o~ a.p~ -- ~p~ ~e= f.,.ag ~ S~, ~ i~ ~y be up to 25 g to its caves or parapet. MIN 22ft COMMON LOT LINE fM~s i. I The tint floor finished elevation shall be no less than 30 inches ~~ above the highest I~SBL side,~lk. sTaser I I ' Ths Street Facade shall be Built- To not less than 75 % of the / ~ ~ ~ssr sumvo t~ ~-> Required SNeer Bulkling Line (RSBL) which is designated in the I .o~_w Regulating Plan. Theze are no required side setbacks. The maximum building width along the Street Frontage is 170 ft. Not less than 10% of the Lot a/ca shall be a shred Back YaM. Any unbuilt SNeer Frontage or Common Lot Iie shall have a height. I Tl~e garage, parking for vehicles (autos, trailers, boats, etc.) and garbage bins shah be at least 20 ft from any Staneet Frontage and not ~ ~q,~. clearly visible from the Street. 'wn~n~L U~ AmfedBalconyisrequiredforeach2nd&3rdFhiorunit, ~A~tSl°R~gs ~a minimum 5 ft deep and 8 ft wide. w ~ ~ Lines (no view ,,Ando~s) e~xepting ground floor windows which may face a Common Lot line more than 30 ft away. "t~~~X"~~~ Parldng, garages, and accessoxy uses may be phced to the rear of rfy;W~w~d,o'~ the lot. Parking shall be no closer than 20 ft to any Sueet Frontage unless hidden by a Garden Wall at least 4 ft in height. Parking shall be separated from adjacent less intense building type by a Above the Fhst Floor only Residential uses am permitted (Bed ad Occupations and Neighborhood Corrm~emLd uses by right (see attached Specifica6ons). the lot. Parldng shall be no closer than 20 ft to any Street Frontage and separated from adjacent use by a Garden Wall. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 30 TIlE PENINSULA NEIGHBORHOOD SPECIFICATIONS: SMALL APARTMENT BUILDINGS HEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified on the STANDARD. FENCE and GARDEN WALL heights are relative to the adjacent ground elevation when not fronting a sidewalk. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: 1. The buildings shall occupy only the specified (hatched) area of the lot. No pan of the buildings (excepting overhanging eaves, garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. At least 25%of the lot area shall remain open and not be built upon except where otherwise specified in the Code. 3. CORNER LOTS: a. The STREET FRONTAGE for CORNER LOTS is both the front and side STREETS. b. The fence requirements for CORNER LOTS additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage STREET. ELEMENTS SPECIFICATIONS: 1. The building's STREET fagade should be composed as a simple plane (jogs less than 8" are considered within this requirement) interrupted only by porches, STOOPS, balconies, and storefronts. 2. All lots bordering an ALLEY shall use the ALLEY as the sole means of automobile access, unless otherwise approved by the City. 3. Garage doors shall not face, and parking areas (unenclosed) shall not be located within 20 feet of the STREET unless hidden by a GARDEN WALL. NEIGHBORHOOD COMMERCIAL USES: The following uses are permitted by right: I. Retail or personal service establishments limited to the ground floor space within the existing structure. 2. Adult or child care homes. 3. Bed and Breakfast Homestays. 4. Offices limited to dental practices, general medical practices, insurance, real estate or travel agencies, accounting practices and law offices, limited to ground floor space within the existing structure. HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations Section I~,-6M-1 (B)(6). GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 31 BUILDING PLACEMENT STANDARD fOF BUNGALOWS GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 THIi PENINSULA NI~IGHBORHOOD BUNGALOW LOTS ON M[CCLEARY LANE The Bungalow Lots on McCleary Lane are highly constrained and the possible building envelope configurations are limited. Buildings have a REQUIRED STREET BUILDING LINE (RSBL) along McCleary Lane 27.5 feet in length, a required porch (within the overall building envelope versus the more typical additive front porch), and will be between one (1) and two (2) stories. HEIGHT SPECIFICATIONS: 1_. The principal building shall be between 12 and 25 feet to its eaves. 2_. The FRONT YARD FENCE shall be between 30 and 40 inches in height. 3. The FRONT PORCH elevation shall be between 24 and 36 inches above the highest RSBL elevation. SITING SPECIFICATIONS: 1_. The building shall be built-to the RSBL. 2_. Vehicle parking and miscellaneous building equipment (including HVAC) shall be kept within the area designated on the REGULATING PLAN. ELEMENTS SPECIFICATIONS: 1. A FRONT PORCH shall be built along the RSBL (and within the building envelope) no less than eight (8) feet wide (parallel to McCleary Lane) and no less than six (6) feet deep. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/]9/01 33 TIII~ PI~NI:IqSULA ~i~IGHBORtlOOD SPECIFICATIONS: BUNGALOW HEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY Or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified on the STANDARD. FENCE and GARDEN WALL heights are relative to the adjacent ground elevation when not fronting a sidewalk. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: 1. The building shall occupy only the specified (hatched) area of the lot. No parts of the building (excepting overhanging caves, garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. At~east~~%~fthe~~tareasha~~remain~penandn~tbebui~tup~nexceptwhere~therwisespeci~ed in the Code. 3.CORNER LOTS: a_. The STREET FRONTAGE for CORNER LOTS is both the front and side STREETS. ELEMENTS SPECIFICATIONS: 1. The building's STREET facade should be composed as a simple plane (jogs less than 8" are considered within this requirement) interrupted only by porches, STOOPS, balconies, and storefronts. 2. A~~~~tsb~rderinganALLEYsha~~usetheALLEYasthes~~emeans~faut~m~bi~eac~ess~un~ess~therwise approved by the City. 3. Parkingareasandgaraged~~rssha~~n~tbe~~catedwithin2~feet~ftheSTREETun~esshiddenbya GARDEN WALL. HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations Section 14-6M-l (B)(6). GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 34 THI~ Pi~NIN3ULA NEIGHBORHOOD THE PENINSULA NEIGHBORHOOD AMENDMENT SECTION GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 35 TI.II~ P!~NINSULA CITY PERMITTING To ensure compliance with the Peninsula Neighborhood plan and the Code, the Director of planning and Community Development shall review and approve proposed plans relating to the exterior construction all applications for building permit relating to exterior construction prior to issuance of a building permit. CODE AMENDMENTS Amendments to the Peninsula Code shall be reviewed and approved as an amended Planned Development Overlay Plan in accordance with the City of Iowa City Zoning Ordinance. Petitioners shall submit an application and other such information as required by the Peninsula Code and Zoning Ordinance. The application shall include evidence that the proposed amendment conforms to traditional neighborhood or urban design principles as found in the Charter for the New Urbanism published by the Congress for New Urbanism (CNU), or such other reference works generally recognized by CNU-af~liated design professionals to be authoritative. Such evidence shall be certified by a qualified individual having experience in traditional neighborhood or urban design and being a CNU member in good standing. The City of Iowa City may request resumes, references, and other information and shall make a determination as to whether such reference works or individuals are qualified. Approved amendments to the Peninsula Code shall be incorporated within the body of the document and further identified by placement of a document noting the amendment, approval date, and signatures within an appendix at the time the amendment is approved. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD 02/19/01 36 27% are duplexes, and 12% are multi-family dwellings. There is one Rezoning Analysis of South Dodge located South of Court Street. (1) rooming house. Currently 57% of the buildings in this area are single- The area encompasses addresses located with the RM-12 zoning designation, located family residences (owner occupied south of Court St. to the Bowery street intersection on South Dodge Street. The area also and rental). 85% of buildings are includes six (6) addresses along Bowery Street from 620-716 on the north side of the Single-family dwellings and street. The area totals 33 parcels. duplexes. The RM12 zone permits single-family dwellings, duplexes and multi-family dwellings. Rooming houses are allowed if a property does not exceed a FAR of .12 (1:8.25). The RM- 12 zone permits four (4)-unrelated persons per dwelling unit. Housing type and tenure is mixed, 34% of properties are single-family owner occupied, 24% are single-family rental, RM-12 5 properties (15%) are Multi-family or Rooming House24 properties could convert to multi-family under RM-12 guidelines Lot size: 4000 Square feet Duplex Unit size: 3000 Multi-family Unit size: 2725 Lot Width: 45 feet Building Coverage: 50% Rooming House: 330 Square feetJ2725 Square foot lot 100 square feet minimum per room 23 properties meet the minimum 45-foot lot width. These Are The Default Titles Change These In The Preferences WindowFile Name: AMHWY6GIL012501 Press the 'Saved Titles' Right ArrowSite Code: 00000000 To Add A New Set of Titles Start Date: 01/25/2001 Page : 1 Groups Pdnted: Unshified GILBERT HWY 6 GILBERT HWY 6 SOuthbound Westbound Northbound Eastbound Throu . Throu Ri Peds R~ Peals Ri Peals Sta R~ Peds g h g h . 1.0 1.0 1.0 . 1.0 1.0 1.0 08:15AM 16 17 21 0 0 0 0 0 29 48 4 0 0 0 0 0 135 08:30AM 16 20 20 0 0 0 0 0 67 58 6 0 0 0 0 0 187 08:45 AM 25 44 36 0 0 0 0 0 52 59 7 0 0 0 0 0 223 Total 57 81 77 0 0 0 0 0 148 165 17 0 0 0 0 0 545 09:00AM 12 32 23 0 0 0 0 0 39 48 5 0 0 0 0 0 159 09:15AM 15 27 28 0 0 0 0 0 38 43 4 0 0 0 0 0 155 09:30 AM 18 14 31 I 0 0 0 0 38 35 5 0 0 0 0 0 142 09:45 AM 23 37 25 0 0 0 0 0 41 33 8 0 0 0 0 0 167 Total 68 110 107 I 0 0 0 0 156 159 22 0 0 0 0 0 623 lo:00AM 21 25 26 0 0 0 37 26 6 00: 0 0 0 0 143 Grand Total146 216 210 I 0 0 0 0 341 350 47 0 0 0 0 0 1311 Apprch % 25.5 37.7 36.6 0.0 0.0 0.0 46.2 47.4 6.4 0.0 0.0 0.0 0~ Total% 11.1 16.5 16.0 0.0 0.0 0.0 26.0 26.7 3.6 0.0 0.0 0.0 0 CSD Locations Page 1 of 2 CSD Locations !L',::,,.:',,,'. ~ .':.. :..:. 5;' ).';" .: . , .....,, ....:--- CSD/USA Relay Administrative Office USA Relay - Arizona Relay Center 102 North Krohn Place 7325 North La Cholla Suite 200 Sioux Falls, SD 57103 Tucson, AZ 85741 (605) 367-5760 TTYNoice (520) 531-2026 TTYNoice In SD, call toll free (800) 642-6410 (520) 531-5594 Fax (605) 367-5958 Fax CSD of Aberdeen USA Relay-Minnesota Relay Center 315 South Wilson Street 2410 8th Street South, Suite 44 Aberdeen, SD 57401 Moorhead, MN 56560 (605) 626-2668 TTYNoice (218) 291-1120 TTYNoice (605) 626-3089 Fax (218) 291 - 1154 Fax CSD of Iowa USA Relay-New York Relay Center 300 West Broadway, Suite 113 620 Erie Boulevard West, Suite 300 Council Bluffs, IA 51503 Syracuse, NY 13204 (712) 322-1489 (V) (315) 234-3400 TTYNoice (712) 322-0237 (TTY) (315) 234-3405 Fax (712) 322-2443 (Fax) http ://www.c-s-d. org/CSD/locations.htm 2/19/2001 CSD Locations Page 2 of 2 CSD of Iowa - Cedar Rapids USA Relay - Ohio Relay Center 4403 First Avenue SE. Suite L-7 2428 West Dorothy lane Cedar Rapids, IA 52402 Morraine, OH 45439 (319) 294-4180 TTY/Voice (937) 543-4600 TTY/Voice (319) 294-4183 Fax (937) 643-4605 Fax CSD of Minnesota USA Relay-South Dakota Relay Center 2055 Rice St 105 North Krohn Place Saint Paul, MN 55113 Sioux Falls, SD 57103 (651) 297-6700 TTYNoice (605) 367-5245 '1'TYNoice (651)297-6766 Fax (605)357-8479 Fax CSD of Rapid City USA Relay-Texas Relay Center 150 Knollwood Drive 4310 Iola Street Rapid City, SD 57701 Lubbock, TX 79407 (605) 394-2544 TTY/Voice (806) 788-8940 TTY/Voice (605) 394-6609 Fax (806) 788-8945 Fax CSD of Sioux Falls Evergreen Place Apartments 3520 Gateway Lane 4904 West 43rd Street Sioux Fails, SD 57106 Sioux Falls, SD 57106 (605) 367-5759 TTYNoice (605) 367-5760 TTYNoice (605) 367-5766 Fax (605) 367-5958 Fax CSD of Texas Maple Creek Apartments 11201 Plains Trail 2815 East 11 th Street P.O. Box 81702 Sioux Falls, SD 57103 Austin, TX78708-1702 (605)339-3748 TTY (512) 719-9236 TTY (605) 367-5958 Fax (512) 326-4209 Voice (512) 448-0092 Fax CSD of Yankton OIde Grinde Apartments Highway 81, PO Box 76 101 & 104 Nodh Krohn Place Yankton. SD 57078 Sioux Falls, SD 57103 (605) 668-2922 TTYNoice (605) 339-3748 TTY (605)668-2923 Fax (605)336-9131 Voice (605) 367-5958 Fax Department of Human Services DDTP Center East Highway 34 81 West March Lane C/O 500 East Capitol Stockton, CA 95207 Pierre, SD 57501 (209) 475-5000 ']'FYN (605) 773-5990 TTYN (209) 472-1467 Fax IHomel http://www.c-s~d.org/CSD/locations.htm 2/19/2001 Prepared by: John Yapp, Planning, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 01-3959 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6 ENTITLED "ZONING", ARTICLE N ENTITLED "OFF-STREET PARKING AND LOADING," TO REQUIRE ONLY ONE OFF-STREET PARKING SPACE FOR SMALL ONE BEDROOM DWELLINGS. WHEREAS, the Comprehensive Plan encourages a mix of housing types including single- family, duplexes, townhouses, and small apartment buildings, and small lot single-family dwellings; and WHEREAS, according to the 1990 Census approximately 51% of Iowa City households had no car or only ORe CaF; and WHEREAS, for small one bedroom dwellings, it is reasonable to require only one off-street parking space; and WHEREAS, requiring only one off-street parking space for small one-bedroom dwellings will allow for more compact lot designs to be established. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Chapter 6 entitled "Zoning," Article N entitled "Off-Street Parking," be amended as follows: 14-6.N-1J(1i): Single-family dwellings, duplexes, and townhouses where permitted: One (1) off-street parking space for units with one bedroom and 1,000 square feet or less of floor area, two (2) parking spaces for each dwelling unit over 1,000 square feet of floor area or with two or more bedrooms. 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 Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Pa and approved thi 20th day of Febr'uar'.y ,20 01 A EsT: ,r . Ordinance No. 01-3959 :.~:: Page. 2 It was moved by Vanderhoef and seconded by 0 ' Donne] ] that the Ordinance as read be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 1/16/01 Voteforpassage: AYES: Wilbur-n, Champ'ion, Kannet-, Lehman, O'Donnell, Vandet'hoef. NAYS: None. ABSENT: Pfab. Se~nd Consideration 2/6/01 Voteforpassage: AYES: Pfab, Vandet'hoef, W'ilbuPn, Champion, Kanner-, Lehman, 0'Donnell. NAYS: None. ABSENT: None. Date published 2/28/01 Prepared by: Susan Dulek, Assistant City Attorney; 410 E. Washington St,; Iowa City, IA 5224~L(319) 356-5030 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 14, :," CHAPTER 5, EN'~TLED "BUILDING AND HOUSING," BY ADDING A NEW ARTICLE "CONDOMINIUM HON CODE" TO ESTABLISH PROCEDURES FOR CONVERSION STRUCTURES TO HORIZ( PROPERTY REGIMES (CONDOMINIUMS). WHEREAS ~ril 25, 2000, state law (S.F. 2426) if an existing structure is to be converted to property regime (condominium must file the declaration with the city in lime is located so the city's building departmE inspect the structure; WHEREAS S.F. further requires that the existing not be converted to a horizontal property reg ne city's building requirements in date of conversion am met; WHEREAS, the believes that it is in the of the City of Iowa City to establish a procedure to fulfill the re< NOW, THEREFORE, BI ORDAINED BY CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMEN1 tie 14, Development Code," Chapter 5 entitled "Building and Housing," is Article K, entitled "Condominium Conversion Code" as follows: (a) All declarations to convert an exi property regime shall be filed with the City Clerk. (b) Upon filing, the City Clerk will copy of the declaration to the Building Official. (c) Before any inspection is (1) Submit "as-built" plans for the Building Official that indicate compliance with the City Building Code requiremen1 the date of the conversion; and (2) Pay condominium (d) After "as-builts" are and the fee the Building Official shall conduct site and building inspections to determine v the omplies with the City Building Code requirements in effect on the date of (e) Within sixty (60) bein the City Clerk, the Building Official shall issue a Certificate of Compli; ;ity Building Code requirements in effect on the date of the conversiol ~revide written notification he declarant stating why the structure does not meet the City Buildir Code requirements in effect on date of the conversion. SECTION III. FOR VIOLATION. The ~n of any provision of this ordinance is a municipal infraction. SECTION IV. RABILITY. If any section, provision or ~ of the Ordinance shall be adjudged to be invalid or such adjudication shall not affect of the Ordinance as a whole or any section, provision or not adjudged invalid or uncon! SECTION IV. :FECTIVE DATE. This O after its final passage, approval and publication, as by law. Passed and iroved this day of MAYOR ATTEST: 3LERK Approved by City Attorney's Office sue%ord&nes~condoconvrd doc Ordinance No. Page __ It was moved by and seconded by as read be adopted, and upon roll call there were: Champion Kanner ~,, ',. Lehman \\ O'Donnell ~ Pfab \ Vande First Consideration 2/6/01 man~, Vote for passage: AYES: Leh Pfab, Vanderhoef, W1 ] burn ,Champ'ion, Kanner. NAYS: None. ABSEN None. Second Consideration Vote for passage: Date published Prepared by: Doug Boothroy, Hsg. & Insp. Services, 410 E. Washington Street, Iowa City. IA 52240; 319-356-5121 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 6, CHAPTER 1 (NUISANCES) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY BY ADDING STANDARDS AND PROCEDURES TO CONTROL THE NUMBER OF VEHICLES PARKED, STORED, PLACED, OR KEPT OUTSIDE ON PRIVATE PROPERTY. WHEREAS, the regulation of the number and location of parked, stored. placed or kept vehicles in any single-family or duplex residential area is necessary in order to preserve the appearance of neighborhoods as predominantly residential in character; and WHEREAS, the outdoor parking, storing, placing, and keeping of vehicles is not intended to be a primary activity in residential areas and regulating these activities will constitute no more than a minimal intrusion on any residential area; and WHEREAS, it is in the public interest to provide monitoring, regulation, and inspection of residential properties to prevent the excessive parking, storing, placing or keeping of vehicles outdoors from becoming nuisances, and creating safety concerns. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Section 6-1-1, "Definitions," is hereby amended to add the new definition of "Vehicle": Vehicle: Any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, but not be limited to, motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon or any combination thereof, whether or not licensed for the current year. Section 6-1-2.Q. "Vehicles illegally parked on private proper~y" is hereby amended by repealing Subsection Q and substituting in its place the following new Subsection Q: Vehicles illegally parked, stored, placed, or kept on private property: 1. The parking, storing, placing or keeping of vehicles upon private property without the consent of the property owner or responsible party shall not be permitted. 2. No more than six operable vehicles may be parked, stored, placed, or kept outdoors at any one time on any singEe-family or duplex residential lot. The total may exceed six vehicles if the number of licensed drivers who reside at the residence or whose drivers license is addressed the same as the residence exceeds four, in which case there shale be one additional vehicle allowed for each driver in excess of four. This section shale not apply to temporary guest parking where said guest(s) are lodging at the subject residence. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20.__ MAYOR ATTEST: CITY CLERK City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as road be adopted, and upon roll call thero wero: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 1 / 16 / 01 Voteforpassage: AYES: Vand~rhbef, Wib]urn, Champion, Lehman, O'Donne]]. NAYS: Kanner. ABSENT: Pfab. Second Consideration 2/6/01 Vote for passage: AYES: O'Donne]], Vanderhoef, Champion, Lehman. NAYS: Pfab, W'i]burr Kanner.ABSENT: None. Date published Marjan Karr From: Karen Kubby [kkubby@blue.weeg.uiowa.edu] Sent: Friday, February 09, 2001 3:03 PM To: councii@iowa-city.org Subject: nuisance ordinance Dear City Council, Dear City Council, There is one more vote on the nuisance ordinance outlining the number of cars allowed per property based on a formula of how many drivers are in the household. I write to encourage you to reject an ordinance that is admittedly aimed at one particular household. Besides the specifics of this neighobrhood and the targeted household, there is the policy decision to use the powers of government to force behavior upon one household that would otherwise be legal. If there was a significant health issue at stake here, there might be some justification at looking at such an ordinance. This seems to be an aesthetic issue for the neighborhhod. Many of you reject the notion of design review for buildings--whether historic or downtown--so why would you support design review of this sort in an indirect way for an individual property owner? For those of you who support this ordinance, please consider changing your vote to "NO"! Karen Kubby