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HomeMy WebLinkAbout2001-03-20 Info Packet of 3/8 CITY COUNCIL INFORMATION PACKET ,~ c~t~, or /f';I ~;~,%A. March 8, 2001 [ MISCELLANEOUS ITEMS IP1 Meeting Schedule and Tentative Work Session Agendas IP2 Letter from Mayor to Jan Capaccioli: Alcohol IP3 Letter from City Manager to Mike Lehman (Chair, JC Board of Supervisors): Fringe Area Agreement IP4 Letter from City Manager to Dan Wiedemeier (Iowa DOT Commission): Iowa Clean Air Attainment Program Funds IP5 Letter from David Tingwald (Northside Neighborhood Association) to Planning and Community Development Assistant Director: Criteria for Alley Traffic Calming Study, Block 73 OT [Planning and Community Development Assistant response included in Council packet] IP6 Memorandum from Senior Planner Miklo: Code Review Report Presentation [Development Code Regulations Analysis included in Council packets only] IP7 Email from Planner Howard to Mike Arn: Arn Family Input to the North District Plan IP8 Special Projects - Photo History (Water Facility Improvements Report #5) [color version available at Clerk's Office] IP9 Memorandum from City Manager: Public Intoxication Arrest Report IP10 Iowa City Police Department Monthly Bar Check Report - February 2001 IP11 Building Permit Information - February 2001 IP12 Memorandum from Dianna Furman: Utility Discount Program Statistics - Fiscal Year '99 Total, FY'00 and 01 Monthly IP13 Email from Carol DeProsse to JCNews: Miscellaneous (5) IP14 Email from Richard Twohy to JCNews: Coretta Scott King at UI IP15 Email from Brandon Ray to JCNews: Coralville City Council I o~-o~-o~ I City Council Meeting Schedule and ~h 7, 200~ Tentative Work Session Agendas March 19 Monday 6:30p COUNCIL WORK SESSION Counc~ Chambers March 20 Tuesday 7:00p FORMAL COUNCIL MEETING Council Chambers J April 2 Monday 6:30p COUNCIL WORK SESSION Council Chambers April 3 Tuesday 7:00p FORMAL COUNCIL MEETING Council Chambers April 16 Monday 6:30p COUNCIL WORK SESSION Council Chambers April 17 Tuesday 7:00p FORMAL COUNCIL MEETING Council Chambers April 20 Friday 2:15p-3:15p SPECIAL COUNCIL WORK SESSION Council Chambers Youth Summit Meeting dates/limes subject to change FUTURE WORK SESSION ITEMS Dog Park Sidewalk Cafes Mormon Trek Extended Alignment Development Code N. Dodge Street Alcohol Lenoch & Cjlek Building Occupancy ScheduJing of PCRB Joint Meeting Senior Center 28E Agreement Linn Street Angle Parking March 7, 2001 Jan Capaccioli Substance Abuse Counselor MECCNHealth Iowa University of Iowa 4189 WL Iowa City, IA 52242 Dear Jan: On behalf of the City Council, I would like to thank you for your comments regarding alcohol in Iowa City. It appears you've been following this issue closely. We appreciate the invitation to visit Health Iowa at Student Health Services. Individual Council Members may be contacting you to set-up appointments. Again, thank you for your input. Sincerely yours, Ernest'W. Lehman Mayor cc: City Council 410 EAST WASHINGTON STREET * IOWA CI1V, IOWA 52240-1826 · (519) 556-5000 * FAX (319) 556-5009 March 2, 2001 Mike Lehman, Chairperson Johnson County Board of Supervisors 913 S. Dubuque Street, Suite 201 Iowa City, IA 52240-4207 Dear Mike: Thank you for your letter of February 15, 2001 regarding the Johnson County/Iowa City Fringe Area Agreement and the plans for the interchange at 1-80 and Herbert Hoover Highway. Copies were sent to Council. I also have taken the liberty of responding. The City would be happy to work with the County on resolving what should be the appropriate land use plan for this interchange. We will await your direction as to how your staff, or any consultants you may hire, would wish to approach this planning process. We are ready to start consideration of this matter at your convenience. I will await notification from you or your staff as to how and when you wish to proceed. Sincerely, Stephen J. Atkins City Manager cc: City Council Karin Franklin tpl-lkfdoc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240 1826 · (~19) 356 5000 · FAX (319) 356-5009 March 5, 2001 ~1~ ¢ Mr. Dan Wiedemeier, Chairperson Iowa Department of Transportation Commission P.O. Box 928 Burlington, IA 52601 Re: Iowa Clean Air Attainment Program Funds Dear Dan: In March 1997, the City of Iowa City was the recipient of a $1.065 million Iowa Clean Air Attainment Program (ICAAP) grant for a project to relocate the Iowa Interstate-CRANDIC railroad interchange from south Iowa City to Iowa County. In February 2001, the project was officially accepted by the Iowa City City Council, and the project has been closed out. By receiving good bids, the total project cost was reduced to approximately $893,000, of which 80% ($714,000) was paid for with the ICAAP grant. The remainder was paid by the railroads. I would like to thank you and Iowa DOT for allowing this creative use of ICAAP funds. By relocating the railroad interchange outside of our urban area, the instances of arterial street blockages, and the pollutants created by idling vehicles, have been significantly reduced. For example, prior to this project it was not uncommon for Highway 6 and other area streets to be blocked by interchanging trains for 10 to 15 minutes during the evening commuting hour. We are thankful for the cooperation from the Iowa DOT and Iowa Interstate and CRANDIC railroads in seeing this project through to fulfillment. Sincerely, City Manager cc: Mike Wandro, Iowa DOT Director Jeff Davidson, JCCOG Executive Director jw/Itr/sa-w~ederne~.doc 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319j 35¢~-5000 · FAX (319) 356-5009 NEIGHBORHOOD ASSOCIATION ,, February 27,2001 : -. , ). : Jeff Davidson > Assistant City Planner City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Davidson: Re: Criteria for Alley Traffic Calming Study, Block 73 OT At your suggestion, the Noahside Neighborhood Association has discussed criteria for the unique situation of conducting a traffic calming study on an alley. The circumstances of block 73 OT are considerably different from a traffic cahning study of a street. The twenty-thor width of the right-of-way is encumbered with trash dumpsters, utility poles, telephone equipmenl, retaining walls, and a building addition, built into the right-of-way. The clear way is less than 16 t~et. The alley in question mirrors the steep hill of Brown Street and is diflicult and dangerous to negotiate in snow and ice. Residences at both ends of the alley are built right up to the city right-otLway. Traffic passes within a few feet of bedrooms at ground level on both sides of the alley. Increased traffic volume over the past two years has resulted in structural damage to one of the historic residences. The alley was not a through alley when the abutting residences were built. No residences have been built m block 73 OT since the alley was paved through in the 1950's. The Northside Neighborhood Association met, 22 February 2001, to discuss recommendations ti-om its traffic and parking working group. Jeff' Davidson page 2 February 27. 2001 The Northside Ncighborhood Association unanimously agreed to recommend the lbllowing criteria: · Speed. Speed for street traffic calming is based on 5 m.p.h. over the speed limit, which is 25 m.p.h. for streets. The threshold is 20% over the speed limit. The Northside Neighborhood Association recommends a threshold of 12 m.p.h. for the alley study. This, like the criterion for streets, represents 20% over the allcy speed of I0 m.p.h. * Volume. Because 75% of the alley is zoned low density residential. the study should be based on a formula for low density zoning. In computing that li~rmula. consideration should be given to only six ol'the eight abutting lots. Two lots, lots 2 and 7, do not have vehicular access to the alley. · Input. All property owners within 300 feet were cousidercd lbr input over the past year when the direction was to close the east halfol'the alley. The Northside Neighborhood Association wishes to be as inclusive as possible to solicit input t?om those xvho are affected, as well as those who perceive they are affected. The Association recommends that all proper~ owners and tenters within 300 feet continue to provide input into this process. Responses nced to be delineated to include the l~llowing information: o Owner occupied ~ Renter~ Absentce landlord ~ o l ligh density ~ Low density ~ The Northside Ncighborhood Association continues to bclievc the solution most woahy of exploration is that otl~red by the Iowa City Fire Depaamcnt, a tire gate that would allo~v lhll access t~om both sides of the alley while eliminating through traffic, but allow emergency vehicles thll access at all times. David ]'ingwald L ' '~ Coordinator, Northside Neighborhood Association Steering Committee lBr the Northside Neighborhood Association 814 E. Market St., Apt. D Iowa City, Ioxva 52245 Telephone: 338 1~ Cc: City Cound March 7, 2001 ~"~. , ~e_~=~L~'dll~ Mr. David Tingwald, Coordinator ~ C~t~) Ofk~ Northside Neighborhood Association Steering Committee ~ ~ 814 E. Market Street, Apt. D Iowa City, IA 52245 Re: Alley traffic calming study in Block 73, Original Town Dear David: Thank you for your le~er of Februa~ 27, 2001. We are still planning to commence our tra~c calming study in the Block 73 alley in April when we can get our traffic counters down to record tra~c speed and traffic volume data. Since our meeting in Janua~ at Horace Mann School, I have heard from three residents and one properly owner on Block 73, and I can tell you that passions appear to range from strongly opposed to strongly in favor of ena~ing some so~ of traffic calming in the Block 73 alley. I must have misrepresented my intent in requesting the neighborhood association to give furlher consideration to traffic calming in the Block 73 alley. Since the tra~c calming program is not intended to be a program where the City imposes traffic calming on a neighborhood, but rather a program where a neighborhood is empowered to determine if a majority wish to see traffic calming implemented, what I was looking for from the neighborhood is what tra~c calming measures you wish to have investigated. You have indicated that a barricade which could be opened and closed is what the neighborhood wishes to have evaluated. If there is an~hing else that seems appealing from the list of possibilities, [et's discuss those. In order for criteria to be changed in the approved traffic calming program, the neighborhood will need to ask the City Council to make adjustments for this padicular case. Currently the criteria we use is: the speed of tra~c will be judged based on 5 mph over the speed limit, which is 15 mph in an alley. We will need to make a judgment on whether or not an excessive amount of traffic is present in the alley, and we will do this by comparing our tra~c count to the number and type of propedies with vehicular access to the alley. The neighborhood suNey will be conducted of each residential dwelling unit on properly which is contiguous to the alley. The neighborhood association should understand that the reason the City Council adopted the traffic calming program criteria was to have as objective of a basis as possible on which to make decisions about traffic calming projeds. Since you have sent a copy of your letter to the City Council, I am sure they will advise me if there is a majority that wishes to modify any of the evaluation criteria that I have stated above. They are aware of your request. If you would like for them to discuss this issue at an upcoming work session, I would be happy to schedule it. As we get closer to April when our evaluation will begin in earnest, I will be in contact with you. Please let me know if you have any questions. Sincerely, Jeff Davidson Director of Traffic Engineering Planning cc: City Council City Manager Neighborhood Seaices Coordinator 410 EAST WASHINGTON STREEI · IOWA CITY, IOWA 52240 1826 · (319) 35(> 5000 · FAX ~319) 356-5009 City of Iowa City MEMORANDUM DATE: March 7, 2001 TO: City Council FROM: Robert Miklo, Senior Planner RE: Code Review Report Presentation The City has been working with Duncan and Associates on an analysis of development codes, including zoning, subdivision, site plan and related regulations. The analysis focused on several issues including identifying unnecessary regulations that may increase the cost of development; compliance with state and federal regulations pertaining to zoning and land development matters; consistency with the City's comprehensive plan; and consistency with "state-of-the-art" development practices. This report is the first step in amending or redrafting the development codes to correct deficiencies and to make the codes more "user friendly". During the preparation of the report the consultant met with several developers, homebuilders, realtors, neighborhood representatives and environmentalist as well as City Staff. Copies of the report have been sent to the Chamber of Commerce, the Homebuilders Association, representatives of Neighborhood Associations and individual businesspersons who had met with the consultant. The Planning and Zoning Commission has reviewed the report and has recommended that it be accepted. Kirk Bishop of Duncan and Associates will be presenting the attached report to the Council at your informal meeting on March 19. The Council should consider whether there are any items that are not in the report that you would like considered when the code amendments are reviewed or whether there are items in the report, which the majority of the Council does not wish to pursue. The Council may also wish to identify any elements of the code that you would like particular attention paid to. The next step in the process will be the drafting of code amendments. The consultant and staff will continue to work with citizen groups and the Planning and Zoning Commission as individual amendments are drafted for the CounciVs Consideration. Development Regulations Analysis Iowa City, Iowa Prepared by duncan c~ssocic~tes March 7, 2001 I I I I I I I I I I I I I I I I I I EXECUTIVE SUMMARY 1 1.1 COMPREHENSIVE PLAN IMPLEMENTATION 1 1 .__2 HOUSING AFFORDABILITY AND DEVELOPMENT COSTS 2 1.3 CODE ORGANIZATION AND FORMAT 4 CHAPTER 2 INTRODUCTION 5 2.1 THE PROJECT 5 2-2 CHARACTERISTICS OF EFFECTIVE DEVELOPMENT CODES 5 2.,3 BASIS OF OBSERVATIONS 6 CHAPTER 3 ORGANIZATION AND FORMAT 7 3-1 TABLE OF CONTENTS AND INDEX 7 3-2 HOW-TO GUIDE 7 3`3 PAGE LAYOUT 8 3.,4 MEASUREMENTS 8 3.5 TABLES 9 3.__6 ILLUSTRATIONS 9 3.--7 ORDINANCE ON CD AND INTERNET 10 3.__~ STRUCTURE AND ORGANIZATION 10 CHAPTER 4 PLAN IMPLEMENTATION 14 4.--1 NEIGHBORHOOD COMMERCIAL 14 4.--2 COMPAGT, DIVERSE NEIGHBORHOODS 15 4.3 STREETS 19 4.__44 COMMUNITY VISION TASK FORGE GOALS 22 CHAPTER 5 DEVELOPMENT REVIEW 27 5,-1 INTRODUCTION 27 5-2 AMENDMENTS 27 5.,_~3 PLANNED DEVELOPMENTS 27 Development Regulations Analysis March 7, 2001 i Iowa City, Iowa CONTENTS 5.--4 SUBDIVISIONS 28 5.--5 SPECIAL EXCEPTIONS 28 5.-5 SITE PLAN REVIEW 28 5.__Z MINOR MODIFICATIONS 28 5.--8 VARIANCES AND APPEALS OF ADMINISTRATIVE DECISIONS 29 5.-8 REVIEW AND DECISION-MAKING POWERS 29 5.10 LENGTH OF PROCESS 29 5.11 NOTICES 32 CHAPTER 6 REVIEW OF SELECTED PROVISIONS 33 6__1 ZONING TITLE, PURPOSE AND SCOPE 33 6.__2 DEFINITIONS AND RULES OF CONSTRUCTION 34 6.--3 INTERIM DEVELOPMENT ZONE 36 6.-4 FACTORY-BUILT HOUSING RESIDENTIAL ZONE (RFBH) 36 6.--5 COMMERCIAL AND BUSINESS ZONES 36 6.-8 INDUSTRIAL ZONES (ART. H) 38 6.--7 PUBLIC ZONE (ART. I) 38 6.-8 SENSITIVE AREAS ORDINANCE 38 6.__9 OFF-STREET PARKING 39 6.10 SUBDIVISION REGULATIONS 40 6,11 S~TE PLAN REVIEW 42 6.12 TELECOMMUNICATIONS DEVICES 43 6.13 SEXUALLY ORIENTED BUSINESSES 43 6.14 GROUP HOMES AND RELATED USES 43 6.15 SIGN REGULATIONS 43 6.16 HISTORIC PRESERVATION/CONSERVATION 44 APPENDIX A I SAMPLE PAGE FORMAT 49 APPENDIX B I SAMPLE USE TABLE 50 APPENDIX C I LOCAL STREET WIDTH 59 APPENDIX D I CORNER LOT DUPLEXES 61 ii March 7, 2001 Development Regulations Analysis Iowa City, Iowa CONTENTS APPENDIX E I GARAGE STANDARDS 63 APPENDIX F I DEVELOPMENT APPROVAL PROCESS 69 APPENDIX G I INTERVIEWS 7'1 APPENDIX H I CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) 81 APPENDIX I I TELECOMMUNICATIONS DEVICES 85 APPENDIX J I SEXUALLY ORIENTED BUSINESSES 91 APPENDIX K I GROUP HOUSING 97 APPENDIX L I SIGN REGULATIONS 101 Development I~egulations Analysis March 7, 2001 iii Iowa City, Iowa Executive Summary This report presents the written findings and recommendations of Duncan Associates' analysis of Iowa City's current zoning and land development regulations. It examines: Areas of conflict between the comprehensive plan and the city's development code; n Regulatory and procedural features that may drive-up the cost of housing and development; and ~ Other possible changes that would make the code more customer- friendly, predictable, enforceable and efficient. The report recommends that the city embark on a comprehensive update of its existing regulations and suggests that the city consider a number of specific changes, including but not limited to the following. 1.1 Comprehensive Plan Implementation Chapter 4 of the report examines opportunities for implementation of Iowa City's comprehensive plan through new or revised land development regulations. The recommendations call for: 1. broadening the types of uses allowed within the CN-1 district, while adding additional design standards to ensure an appropriate neighborhood-oriented scale and pedestrian character (See Section 4.1 ); 2. amending the existing CN-1 district to permit (above-ground-floor) residential uses by-right (See Section 4.1); 3. implementing a consistent policy on street connectivity (See Section 4.3); 4. adopting access management regulations (See Section 4.3); 5. clarifying arterial sidewalk standards (See Section 4.3); 6. requiring installation of arterial roadway buffers for residential developments at the time of subdivision approval (See Section 4.3); 7. adopting regulations allowing additional flexibility in local street design, perhaps a menu of local street design options based on defined conditions (See Section 4.3); 8. investigating approaches that would allow for canopy tree plantings within the right-of-way (e.g., tree guards, modification of sidewalk location requirements, right-of-way width standards) (See Section 4.3); Development Regulations Analysis March 7, 2001 1 Iowa City, Iowa EXECUTIVE SUMMARY 9. implementing Community Vision Task Force Goals through a series of minor code amendments (See Section 4.4); 10. adding additional nonresidential Interim Development Zones (See Section 6.3); 11. additional commercial zoning district standards to address build-to lines, site design and building orientation issues (See Section 6.5); 12. amending the "P" zone to be a neighborhood-oriented zone that allows a fairly narrow range of "public" uses that are typically located within or near residential neighborhoods (See Section 6.7) 13. including site development and dimensional standards for the "P" zone, either limiting development intensity along the lines of a moderate density residential zone, or requiring that development in the "P" zone adhere to the standards of the most restrictive adjacent district (See Section 6.7); 1.2 Housing Affordability and Development Costs Two of the city's stated objectives in commissioning this study were to identify (1) regulatory barriers to the provision of affordable housing and (2) methods to reduce development costs. The city's existing regulations do not appear to overburden the market's ability to provide affordable housing or unduly restrict residential and nonresidential development opportunities. However, one possible barrier to the provision of affordable housing may be the city's relative lack of vacant land zoned for higher density single-family and multi-family development, and in Iowa City--as in many communities-- there is often strong resistance to establishing such zoning. The report offers a variety of suggestions that address housing affordability and development costs, including: 1. revising the RS-5 zone to allow duplexes and attached single-family units on corner lots (See sample zoning provision, Appendix D); 2. revising the RS-8 zone to be primarily a small-lot single-family zone, one that allows duplexes and attached single-family units only on corner lots; 3. retaining the RS-12 district as a district that accommodates a wide range of single-family and duplex structure types, with consideration given to provisions that would encourage (or require) some mix of housing types within new subdivisions; 4. providing additional flexibility for the provision of small accessory dwelling units in single-family zoning districts; 5. including "by-right" development standards for cluster housing subdivisions (See Section 4.2); 2 March 7, 2001 Development Regulations Analysis Iowa City, Iowa EXECUTIVE SUMMARY 6. reducing residential zoning front setback requirements, making greater use of front setback averaging and updating the setback "encroachment" provisions (See Section 4.2); 7. coupling reduced front setback standards with new standards for garage placement and design (See Section 4.2); 8. reducing lot width standards to accommodate more "compact development" (See Section 4.2); 9. reducing reliance on the planned development process (See Section 5.9); 10. streamlining the development process (although processing time-frames in Iowa City are within the typical range found in other communities) and otherwise keeping the time required for development review and approval to a minimum (See Section 5.10) through such techniques as: · greater use of objective development standards as opposed to case-by-case reviews ·centralized permitting · cross-training staff · clear standards and criteria · checklists and flow chaffs · timeframes for reviews and approvals · greater use of pre-appl ication conferences · formalized development review committee (Interdepartmental review) procedure · concurrent reviews · greater use of administrative decision-making · encouraging the Iowa Legislature to amend the state law requiring ordinance readings on three separate occasions · combining second and third ordinance readings on non- controversial rezonings · requiring neighborhood meetings on major development proposals very early in the process 11. implementing the ordinance's "Environmental Regulations" through a "development standards" approach, while retaining the OPDH zone as a voluntary route for developers with unique or innovative proposals (See Section 6.8); Development Regulations Analysis March 7, 2001 3 Iowa City, Iowa EXECUTIVE SUMMARY 1.3 Code Organization and Format A series of modest improvements are proposed that would make the city's existing land development regulations easier to use and wouJd substantially improve the ability of casual users to find (and understand) information they need, such as: 1. a better table of contents, an index and a user's guide; 2. greater use of illustrations, tables and summary charts; 3. better page layout techniques and a reorganization of some key sections (See Chapter 3); 4. relocating the existing alley and alternative access standards from the "Sensitive Areas Ordinance" to an area of the ordinance where they would have broader applicability and revising Sec. 14-6M-2-A-C to greatly reduce the existing 10-foot garage setback standards on alleys (See Section 4.2); 5. cleaning-up existing code references to "arterial streets," "primary arterials" and "secondary arterials" (See Section 4.3); 6. updating the zoning ordinance's use classification system (See Section 6.6); 7. prohibiting most low-intensity "commercial" uses in the I-2 zone (See Section 6.6); 8. moving many of the residential design guidelines from the Environmental Regulations article, and relocating them to another section of the ordinance where they would have broader applicability (See Section 6.8); 9. adding additional flexibility within the off-street parking section (See Section 6.9); and 10. eliminating possible (minor) sources of conflict with the City's (Interim) Municipal Design Standards (See Section 6.10). The consultant team held a series of individual and small group interview sessions at the start of the study to gain insight into local land development issues and concerns. Appendix G presents a summary o~ the comments we received. Other appendices to this report present sample ordinance provisions and examples of proposed regulatory techniques. 4 March 7, 2001 Development Regulations Analysis Iowa City, Iowa Introduction 2.1 The Project The City of Iowa City retained Duncan Associates, a planning and growth management consulting firm that specializes in the revision of land development regulations, to evaluate its current zoning and land development regulations. The city specifically requested that our firm: ,, Perform a review of the city's development regulations and Affordable housing is identify areas of conflict between comprehensive plan policies and generally defined as the zoning code, subdivision regulations and other development decent, quality housing codes; that costs no more than 30 percent of a · Identify elements of the codes that may be barriers to affordable household's gross housing; and provide a list of such items and a summary of how monthly income for they are in conflict with the city's goals; rendmortgage and utility · Provide suggestions and alternative for how the city might help payments. reduce development costs that are a result of code requirements; · Perform a review of the city's development procedures and outline any steps and/or actions that might improve the process; · Identify development review procedures that could be reviewed and approved administratively or in some other way streamlined; and · Recommend other processes that would allow more efficient and user- friendly procedures. This report represents the written findings of our review. 2.2 Characteristics of Effective Development Codes In identifying the strengths and weaknesses of the city's current code, we drew on our experience in drafting codes for communities throughout the U .S. It is important to understand our view of what constitutes an effective development code. In our experience, modern, effective zoning and land development codes have several things in common: · they are based on sound, well-articulated plans; · they are well-organized and customer-friendly; · they include review and approval procedures that are efficient and easily understood; Development Regulations Analysis March 7, 2001 5 iowa City, Iowa CHAPTER 2 I INTRODUCTION 2.3 1 BASIS OF OBSERVATIONS · they shun vague criteria in favor of development standards that are clear, consistent, and often illustrated; · they are devoid of redundancies and internal inconsistencies; · they are formulated with broad-based public input; and · they are accompanied by adequate administrative and enforcement capabilities. 2.3 Basis of Observations Unless otherwise expressly stated, the findings and recommendations contained in this report are based largely on our independent analysis. By design, the analysis focuses on what is wrong with the current regulations rather than what is right. It would be a mistake for readers to interpret that Iowa City faces an imminent regulatory crisis or that the city's regulations are not as "good" as other communities. No such judgment is made or implied here. In fact, we give the city's ordinance relatively high marks on many of the benchmarks set out in preceding section. On the other hand, we believe that significant improvements can be made to the code's organization, format, regulations and procedures. Of course, that is true in most communities. No set of regulations is perfect. Regulations, like the plans they are intended to implement, require periodic revision to keep pace with cultural, economic and technological changes. That is perhaps the greatest shortcoming of the existing code. Although it has been updated and amended on a piecemeal basis, it has been too long since the city embarked on a comprehensive revision. Most of the problems identified in this report are not unique to Iowa City. But there are problems, which if not addressed, will likely lead to increased frustration on behalf of public officials, citizens, businesses, developers and staff. The commissioning of this project demonstrates the city's awareness of these issues. 6 March 7, 2001 Development Regulations Analysis Iowa City, Iowa 3 Organization and Format A series of modest improvements would make the city's existing land development regulations easier to use and would substantially improve the ability of casual users to find (and understand) information they need. Most of these improvements rely on straightforward functions of modern word- processing software, including indexing, improved use of fonts (type styles), better page layout, and the addition of tables and graphics to help illustrate zoning and other regulatory concepts. The city's recently adopted multi- family design guidelines provide an excellent example of the use of graphics to convey design and regulatory requirements. Should the city elect to develop an ordinance that includes these and other document format improvements, it will need to work closely with the code codification company to ensure that layout and format changes make their way into the published document. 3.1 Table of Contents and Index All ordinances and regulatory documents should contain useful tables of contents and indices. The city's existing zoning ordinance contains a rudimentary table of contents, although its usefulness is severely limited by its lack of page number references (something that's not surprising given the document's general lack of page numbers). The organizational philosophy of an ordinance should be self-explanatory once a user has received a simple introduction such as the "how-to" section described below. A well- crafted index can be extremely useful to the general public and to those who use the ordinance on a regular basis. An index must be carefully prepared to ensure that the user is directed to the most important instances of a word or phrase. 3.2 How-to Guide Many of our recent ordinances have included a brief section (often located just inside the front cover) that provides basic information to users on the organization of the code document. This short preface commonly sets forth responses to a series of common questions, such as · If you want to know what zoning rules apply to your property · If you want to build a structure or establish a particular use · If you want to change your zoning (rezone) · If you want to vary from the standards that apply · If your property is located in an historic or other overlay district Development Regulations Analysis March 7, 2001 7 Iowa City, Iowa CHAPTER 3 [ ORGANIZATION AND FORMAT 3.3 I PAGE LAYOUT 3.3 Page Layout Modern word-processing software allows communities to publish "in-house" documents that look as professional as those once laboriously typeset at the printer. Although people have come to expect that zoning ordinances and land development regulations will be laid out in a boring and uninviting way, that does not have to be the case. Simple techniques, such as the use of larger, distinctive typefaces for titles and subtitles, indented text to indicate the hierarchical level of each paragraph, generous use of white space, graphics and tables all help to improve the visual presentation of an ordinance...and ideally its ease-of-use. Other page layout and "easy-find" features include the careful application of Chapter ~lame Section Name / headers and looters that allow users to easily negotiate their way through the document (similar to using a dictionary). 3.4 Measurements In one sense, zoning provisions describing "height" constitute a definition. On the other hand, such provisions go well beyond the normal dictionary sense of a definition and explain how to measure height. Vv'e typicaily recommend including a separate, illustrated "measurements" section in zoning ordinances. Included in such a section would be an explanation of the rules for measuring things such as: 8 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 3 I ORGANIZATION AND FORMAT 3.5 I TABLES · Building height At.'~h~dle~'~10nof'~heAdmlnle~.~a~.or, ~r~hlf, a~,ura[ el~m~n'~e ~u~h · Floor are ratio · Setback, front · Setback, rear · Setback, side · Lot width · Lot depth ~'~ ~ ~ -- ~xlet[ng · Lot area Floor area Ridge Bidg~ · Sign height Building f ~~ ..... ]R'~ DaCkl_' ROOfD8Ck .... ~ ____ ·Sign area Height ~ leveC Height av · Separation distances curb between uses Lev~ Flat Mansard Gable Hip Gambrel Level Roof Roof Roof R f Roof oo · Fences height · Other bulk, density and intensity standards Such a section should also include a clear explanation of exceptions to the woI ng measurement rules, such as permitted encroachments into required setbacks and features permitted to exceed maximum height limits, 3.5 Tables We recommend the use of tables to present regulations and standards wherever possible. There are a variety of "lists" of standards and requirements in the city's existing zoning ordinance that could be shown in v tables. Where possible, the city should also use larger "matrix" summaries of standards such as use regulations and density/dimensional standards. 3.6 Illustrations Modern page layout and word-processing software make it easy to add graphic images to a document. This trend has been slow to materialize in zoning ordinances, where a picture can truly be worth 1,000 words. Many <',ZoningAppe.lt" people interviewed for this project--staff and public alike--mentioned the "' need for PR R additiona illustrations and gra~i~in the city's regulations. REDUCED TO 5' WITH A MASONRY FENCE7 Sample Flow Chart SIDE OPERTY · Develol ' : :' 9 Iowa Ci PATIO ls~' ",,1,('''~K t' ' ~o ' FAR CHAPTER 3 I ORGANIZATION AND FORMAT 3.7 I ORDINANCE ON CD AND INTERNET 3.7 Ordinance on CD and Internet The city should ensure that its ordinances are available on CD-ROM and an easy-to-use Internet format. The existing on-line version of the Iowa City code falls short of being "user-friendly." 3.8 Structure and Organization 3.8.1 Existing Structure The existing zoning ordinance is organized as follows: Art. A. Zoning Title, Purpose and gcope Art. B. Zoning Definitions Art. C. Interim Development Zone Art. D. Residential Zones Art. E. Commercial and Business Zones Art. F. Research Development Park; Zone Art. G. Office and Research Park Zone Art. H. Industrial Zones Art. I. Public Zone Art. J. Overlay Zones Art. K. Environmental Regulations Art. L. Provisional Uses, Spec. Exceptions, Temp. Uses Art. M. Accessory Uses and Buildings Art. N. Off-Street Parking and Loading Art. O. Sign Regulations Art. P. Fences and Hedges Art. Q. Dimensional Requirements Art. R. Tree Regulations Art. S. Performance Standards Art. T. Nonconforming Uses, Structures and Land Art. U. Administration and Enforcement Art. V. Minor Modification Procedures Art. W. Board of Adjustment Powers and Procedures 10 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 3 I ORGANIZATION AND FORMAT 3.8 1 STRUCTURE AND ORGANIZATION 3.8,2 Recommended Improvements We believe the ordinance's organizational structure could be improved in several ways: 1. Development Review and Approval Procedures. From an organizational and ease-of-use perspective, the existing regulations would be improved if all of the required land development review and approval procedures were consolidated into a single place in the code. At a minimum, this consolidation should bring together the following procedures: a. Zoning Ordinance Text Amendments, b. Zoning Map Amendments (Rezonings), c. Subdivisions d. Planned Developments, e. Special Exception Uses, f. Site Plan Review (not currently a part of zoning ordinance), g. Building Permits, h. Sign Permits, i. Temporary Uses, j. Certificates of Occupancy, k. Minor modifications, I. Variances, and m. Appeals of Administrative Decisions 2. Use Regulations. Group all use-related regulations together (e.g., principal uses, accessory uses, special use standards (applicable to provisional uses), and temporary uses. 3. Review and Decision-Making Bodies. include an article (or section) detailing the powers and duties of all of the entities involved in the land development review and approval process. 4. Definitions. Consider moving definitions to the back of the ordinance to serve as a glossary. 5. Overlay and Special Purpose Districts. Group all overlay and special purpose zoning districts together in one area of the ordinance. 6. Base Zoning Districts. The regulations of the base (non- overlay/non-special purpose) zoning districts are currently organized as follows: Development Regulations Analysis March 7, 2001 11 Iowa City, Iowa CHAPTER 3 I ORGANIZATION AND FORMAT 3.8 I STRUCTURE AND ORGANIZATION he existing use lists(a) Intent: a general statement regarding each district's are not arrangedintended use and development character alphabetically or ' ,b, Pe.mi,,ed U.e.:.,ist of uses .,.owed by-right/subjec, to compliance with all applicable standards) ouse. (c) Provisional Uses: a list of uses allowed in the district subject to a set of special use-related standards (d) Special Exceptions: a list of uses that may be approved in accordance with the Special Exception procedures of Art. L (e) Dimensional Requirements: a listing of standards governing lot area, lot width, lot frontage, building setbacks and building bulk (height, coverage and floor area ratio) (f) General Provisions: cross-references to other applicable standards of interest (e.g., parking, signs and fences) While the existing organization and format of the district regulations is fairly common, we typically recommend that use and density/dimensional standards only be presented once in centrally located tables (as opposed to presenting them on a district-by-district basis throughout the ordinance). We favor the use of tables to convey such information because they provide a convenient summary and comparison of applicable zoning district standards and help to ensure the use of consistent terminology and regulatory practices.1 However, some city staff members have indicated a preference for an organizational style that would reduce the need for cross-referencing other applicable standards (and the associated "flipping back-and-forth" between sections of the ordinance). Such an approach (using zoning districts as the chief organizing feature for presenting regulations), would theoretically allow someone to find most of the most important types of information in a few successive pages of the ordinance Our concern with such an approach it will tend to create a very "redundant" ordinance, with a corresponding increase in the size of the document. Through 1 A sample use table, based on the city's existing use regulations, is presented in Appendix B. 12 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 3 I ORGANIZATION AND FORMAT 3.8 1 STRUCTURE AND ORGANIZATION computerization and reorganization, however, it may be possible to create a document that is capable of meeting both objectives. Development Regulations Analysis March 7, 2001 13 Iowa City, Iowa Plan Implementation Zoning and land development regulations represent key implementation tools for carrying out local comprehensive plans. This chapter identifies opportunities for implementation of Iowa City's comprehensive plan through new or revised land development regulations. 4.1 Neighborhood Commercial Note: See Section 6.5 for discussion of other commercial zoning districts. According to the plan, neighborhood commercial areas: "should provide shopping opportunities within conve- ~ [A] neighborhood nient walking distance for the residents in the commercial area immediate area, and may include such facilities as a associated with a post office substation, a day care center, small public square or park restaurants and a convenience store. The can provide a focal design...should have a pedestrian orientation, with the point and gathering stores placed close to the street, but with sufficient open place for a space to allow for outdoor cares and patios or neighborhood. landscaping. Parking should be located to the rear and sides of stores with additional parking on the -Oomprehensive Plan street...Apartments above businesses can provide needed housing while increasing the revenue stream for commercial establishments and enhancing the residential nature of the area. Townhouses or small apartment houses surrounding the commercial center can increase the customer base for the commercial uses and make efficient use of the services available in the neighborhood center." The zoning ordinance's neighborhood commercial zoning district--CN-1- "is intended to permit the development of retail sales and personal services required to meet the day-to-day needs of a fully developed residential neighborhood." Although the CN-1 district regulations go a long way towards accommodating the type of neighborhood commercial development envisioned by the comprehensive plan, certain revisions should be considered. In short, these revisions should focus on broadening the types of uses allowed within the district, while adding additional design standards to ensure an appropriate neighborhood-oriented scale and pedestrian character. Through such amendments, the city might encourage greater use of the CN-1 district, while promoting positive urban features now found in some older neighborhoods within the city. The city should consider expanding the list of uses allowed in the CN-1 district to include a much broader range of neighborhood-serving retail and service uses. The existing ordinance's reliance on narrowly defined use (business) categories (e.g., copy centers, drugstores, florist shops, and variety Development Regulations Analysis March 7, 2001 Iowa City, Iowa CHAPTER 4 [ PLAN IMPLEMENTATION 4.2 I COMPACT, DIVERSE NEIGHBORHOODS stores) likely makes the CN-1 district unappealing for many commercial developers. In revising the CN-1 district, consideration should also be given to: · eliminating the minimum site area requirement and reducing the maximum site area limit (currently 10 acres); · requiring that parking be located to the side or rear of buildings and screened from view; · discouraging auto-oriented uses (e.g., car washes and gas pumps), perhaps regulating them as special exceptions; · limiting the amount of off-street parking allowed; · requiring a minimum amount of window areas on exterior walls located along street lot lines; · reducing front setback requirements and/or imposing build-to line req u i rements; · allowing (by-right) residential units above the ground floor; · adding new pedestrian connection standards; · allowing additional height and density when residential units are included (above the ground floor); and · discouraging drive-through windows, perhaps requiring special exception approval. If the city desires to encourage mixed-use development in its neighborhood commercial areas, consideration should be given to amending the existing CN-1 district to permit (above-ground-floor) residential uses by-right and to encouraging projects in excess of "by-right" floor area limits to include residential uses. The existing special exception requirement for above- ground-floor residential is a disincentive for residential uses. Using the inclusion of residential uses as a criterion in evaluating projects that propose to exceed "by-right" floor area limits would also serve to encourage a mix of uses (residential and commercial) in neighborhood commercial districts. 4.2 Compact, Diverse Neighborhoods 4.2.1 Diversity of Housing Types Iowa City: Beyond 2000 supports the concept of building compact neighborhoods containing a mix of housing types. According to the plan, single-family detached houses will continue to be the predominant neighborhood land use, supplemented with an appropriate mix of alternative housing types--houses on smaller lots, townhouses, duplexes, small multi-dwelling structures, and Development Regulations Analysis March 7, 2001 15 Iowa City, Iowa CHAPTER 41 PLAN IMPLEMENTATION 4.2 I COMPACT, DIVERSE NEIGHBORHOODS accessory apartments. Limiting the maximum lot size for multi-family development is recommended as a means of ensuring that apartment buildings will not adversely affect the character of a neighborhood. The existing zoning ordinance includes 12 residential zoning districts, including 5 "single-family" zones (RR-1, RS-5, RS-8, RS-12, RNC-12); 5 "multi-family" zones (RM-12, RM-20, RNC-20, RM44, PRM); 1 manufactured housing zone (RFBH) and 1 residential office zone (R/O). All of the districts follow a conventional zoning model, with each spelling out the types of uses allowed and establishing density and dimensional standards, such as lot size, setback and height requirements. As is common in zoning ordinances Single-Family Zones developed after the RR-1, Rural Residential 1950s, the city's five RS-5, Low Density Single-Family Residential single-family zoning RS-8, Medium Density Single-Family Residential districts reflect a sort RS-12, High Density Single-Family Residential of "suburban ideal." RNG-12, Neighborhood Gonservation Residential They are primarily geared toward accommodating single-family detached, single-family attached (townhouse) and duplex structures on large to medium-size lots, with ample yards. The districts also allow such customary uses as religious institutions, day/child cares and schools. The density and dimensional standards of the existing single-family zones (summarized in the following table) are fairly typical of those seen in other communities, although the RS-8, RS-12, and RNC-12 districts do a better job of accommodating small lot single-family and duplex/townhouse development than many ordinances we have reviewed. Perhaps the greatest shortcoming of the existing single- family zoning district regulations is that they do not adequately address a number of increasingly common residential development options, such as small lot single-family (detached) houses, zero lot line houses and cluster developments (a.k.a. "open space" or "conservation" developments). Those wishing to develop these "alternative" housing types under the existing ordinance have limited options'. develop as planned development or rezone to a higher density RS or multi-family district, both of which necessitate more complex development approval procedures than detached dwelling units in conventional subdivisions. In order to better implement the comprehensive plan, the city should consider accommodating these or other residential development options within its base residential zoning districts. Specifically, the city may want to consider: 16 March 7, 2001 Development Regulations Analysis iowa City, Iowa CHAPTER 4 ] PLAN IMPLEMENTATION 4.2 I COMPACT, DIVERSE NEIGHBORHOODS · revising the RS-5 zone to allow duplexes and attached single- family units on corner lots (See sample zoning provision, Appendix D); · revising the RS-8 zone to be primarily a small-lot single-family zone, one that allows duplexes and attached single-family units only on corner lots; · retaining the RS-12 district as a district that accommodates a wide range of single-family and duplex structure types, with consideration given to provisions that would encourage (or require) some mix of housing types within new subdivisions; · allowing more widespread use of small accessory dwelling units in single-family zoning districts; and · including "by-right" development standards for cluster housing subdivisions and other residential development alternatives. Existing RS District Lot Area Standards !Standards RR-1 RS-5 RS 8 RS 12 RNC-12 The city's multi-family zones offer a fairly broad range of allowable densities, although pertaining detached and attached single-family and adding provisions for cluster units would seem to better suppo~ the pJan's housing diversiW policies, Moreover, new standards will be required to implement the plan's suggested limits on the scale of multi-family structures. Existing RM District Lot Area and Density Standards i~:j?:* '~i~' ~.~:.9__e_'."_'~'i~)'. Sta~.d.~.Ld. Ij~:M!!2J:"i~'~.!~_~__IJ~:i~:2~IjRM'44]: Pi~MI; !Lot Area (square feet) ................................. : ~ir;~ie-Family D~'t'~C'F~I" , SingieL'~amny Atta~h~a1: 3,8601,'~:~6o If "N~IE"~X' I~' ] Duplex I/~~1] 5,ooo j Multi-Family I 15,000 II 5,000 1{5,0001F Development I~egulations Analysis March 7, 2001 17 Iowa City, Iowa CHAPTER 4 I PLAN IMPLEMENTATION 4.2 I COMPACT, DIVERSE NEIGHBORHOODS !Li~t'~:~:~ 'and' benSity'standa'rd'P~'"'li :E0t F~0~t~ge(f~ii ...... J"~8~0I, 35 I, 25 I{ 35 I" ~5' .}l 4.2.2 Front Setbacks The plan recommends reducing front yard setback requirements so that houses can be placed closer to residential streets. All of the RS zones now have a minimum front setback requirement o~ 20 (eet. We concur with the plan's recommendation that "front yard setbacks of less than 20 feet along local residential streets should be considered." Such a reduction could be allowed in all instances or when front porches or other desired building features are provided. In addition to considering reduced setbacks, the ci~ should also consider making greater use of front setback averaging and updating the setback "obstruction" provisions of section 14-6Q-3. If front setback standards are reduced, new garage setback standards would need be included to ensure that front ent~ garages are setback from lot lines and sidewalks. In fact, zoning regulations aimed at reducing the visual dominance of garages (and driveways) win become increasingly impo~ant as the ci~ attempts to accommodate residential development on smaller lots. (See sample Garage Standards in Appendix E) Existing ~S Distrial Setback Standards ;Minimum Setbacks .(feet) RS-5 RS-8 RS-12 RNC-12 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ]"' I' [1] Five feet for first 2 stories, plus 2 feet for each additional story. [2] For at least 75 percent of building's length. [3] Zero lot line units and townhouse units subject to different setbacks. 4.2.3 Lot Width The comprehensive plan suppo~s a reduction in lot width standards to accommodate more "compact development [that] consumes less land and makes it possible to provide public improvements, such as streets, sewers and water lines more efficiently." ff the city is interested in accommodating smaller lot (detached) single-family, townhouse and zero lot development, lot width and frontage standards will need to be adjusted. As shown in the summary tables in Section 4.2.~ o~ this report, the narrowest lot width allowed in the d~'s residential districts is 40 to 4~ feet, which is too wide to accommodate most all townhouse-s~le development and may be excessive for some small lot, single-family (detached) development, pa~icularly when garage access comes from alleys. We concur with the plan's recommendation that lot width standards should be 18 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 4 I PLAN IMPLEMENTATION 4.3 I STREETS adjusted to better accommodate various building styles. Again, however, such adjustments should be coupled with new garage placement regulations and alternative access provisions (See following section). 4.2.4 Rear Lanes and Alleys Alternatives to front-loaded garages are recommended in several places of the comprehensive plan. The plan recommends greater use of alleys and rear lanes as a means of improving traffic circulation and improving the appearance of residential streetscapes. It also supports greater use of shared driveways to reduce the amount of paving in front yard areas. These ideas are consistent with development practices in other communities and should be considered ion Iowa City. If shared driveways are to be allowed or encouraged, standards will need to be developed and included in the revised code. The existing zoning ordinance does contain provisions encouraging use of alleys. Unfortunately, as with many of the ordinance's more contemporary provisions, those regulations appear to apply only in situations covered by the "Sensitive Areas Ordinance." At a minimum, the city should consider moving those regulations to an area of the ordinance where they would have broader applicability. At least two technical changes should also be considered: (I) revising Sec. 14-6M-2-A-C, which currently requires that (alley- accessed) garages and carports be set back at least 10 feet from the alley right-of-way line; and (2) revising the accessory building coverage standard of Sec. 14-6M-2-A-2-e). These setback and coverage requirements discourage rear yard garages/the use of alleys and lead to repeated variance requests. 4.3 Streets 4.3.1 Connectivity The plan supports use of a modified grid system as a means of (1) reducing overall traffic congestion; (2) allowing motorists and pedestrians to use more direct routes to their destinations, thereby reducing travel distance; and (3) providing easier access for fire and emergency vehicles. The city's existing regulations contain virtually no regulations addressing street connectivity, other than the following indirect references: · No dead-end streets and alleys will be permitted except at subdivision boundaries on undeveloped areas. (Section 14-7C-1 - A-4) Development Regulations Analysis March 7, 2001 19 Iowa City, Iowa CHAPTER 4 I PLAN IMPLEMENTATION 4.3 [ STREETS · The length of blocks shall be not less than four hundred feet (400') (comment: why not 300 feet, as is typical of original town site?) and not more than two thousand feet (2,000'). The width of the block shall be sufficient to permit two (2) tiers of lots, but in no case shall the width be less than two hundred twenty feet (220 '). (Section 14-7C-1 -A-5) · New subdivisions shall provide for continuation and extension of arterial, collector and local streets. (Section 14-7C- 1-B) · . ..Cul-de-sacs shall not exceed 900 feet in length... measured from the center line of the street from which it commences to the center of the turnaround. (Section 14-7C-1 -C-2-d) If the city is serious about implementing a policy of connectivity-- and more and more communities are choosing to do so--new regulations/guidelines should be added to the code. 4.3.2 Arterial Streets The plan calls for limiting local street intersections along arterial streets and prohibiting driveways to individual lots (along arterials). One of the most important principles of access management and, for that matter, of road design in general is to ensure sufficient distance between the driveways and streets that intersect arterial streets so that the roadway can function properly. Insufficient spacing can have serious adverse impacts on the safety of drivers and pedestrians, the efficiency of traffic operations and the value of the property that abuts the roadway. Adequate spacing will provide drivers sufficient perception time to identify locations where they might expect another vehicle or a pedestrian making a conflicting movement. Proper spacing will also allow more time for necessary deceleration and lane changes providing smoother, more efficient traffic flow. Iowa City should consider the adoption of access management regulations. The comprehensive plan recommends that eight-foot wide sidewalks be placed on at least one side of arterial streets. Under the city's existing policy, the city splits the costs of such sidewalks with the developer. The city's subdivision regulations require 4-foot wide concrete sidewalks (Section 14-7C-5). The existing sidewalk regulations should be revised to expressly state where (along which streets and how many sides of streets) sidewalks are required. The comprehensive plan discourages residential lots that back onto arterial streets and encourages alternatives to fences and walls when such development patterns are used. The existing regulations require extra setbacks (40 feet) for residential development along arterials, but do not discourage low-density residential zoning along arterials. Rather than require that homeowners employ dense landscaping and 20 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 4 1 PLAN IMPLEMENTATION 4.3 I STREETS berms, the city should consider revising the existing regulations to require installation of such roadway buffers at the time of subdivision approval. The city may also want to adopt different standards for urban aderial streets in older developed areas of the city. Such regulations should recognize that different setbacks am appropriate along Dubuque Street (near downtown) than in newly developing areas of the community. Existing code references to arterial streets, primary arterials and secondary arterials are inconsistent. They should be revised to expressly reference "primary" or "secondary" arterials. 4.3.3 Local Streets The comprehensive plan supports the use of narrower street standards, suggesting that street widths of 22-26 feet may be appropriate in many settings. The city's existing local street width standards require 50 feet of right-of-way and 28 feet of pavement width, regardless of street length. The rationale for increased flexibility in the design of local residential streets is succinctly described in the 1980 publication Performance Streets. That report reflected a new and substantially different view of residential street design. It states: "Whether street standards were intuitively based or adapted from highway design, what seemed to have been overlooked was that local residential streets are part and parcel of the neighborhood they serve. People live on them. It would seem desirable, therefore, not solely to move traffic safely and efficiently, but to see that the needs of people for a residential neighborhood that is quiet, safe, pleasant, convenient and sociable are met as well." In 1990, the National Association of Home Builders, the Urban Land Institute, and the American Society of Civil Engineers published another seminal report on the subject of street design, Residential Streets. It advocates: · Street designed to minimize traffic volumes and speeds in residential areas · Properly scaled streets · Streets planned to avoid excessive stormwater runoff · Streets that can serve as meeting places and centers of community activity Development Regulations Analysis March 7, 2001 21 Iowa City, Iowa CHAPTER 4 I PLAN IMPLEMENTATION 4.4 I COMMUNITY VISION TASK FORCE GOALS The principles set out in both documents are shared by many-- though certainly not all--Iowa City residents. In Iowa City and elsewhere, street standards have been debated by planners, engineers, public woks officials, and fire and emergency service personnel with little agreement regarding appropriate width standards. Despite anything approaching a consensus opinion on the subject, there is a growing movement among communities throughout the U.S. to reduce required local street widths. The authors of this report recommend that Iowa City, too, adopt regulations allowing additional flexibility in local street design, with narrower pavement widths allowed in some circumstances, based on the intended function of the street, housing density along the street, traffic levels or some combination of factors. Sample street width standards are presented in Appendix C. A menu of local street (section) options based on defined conditions would provide additional flexibility while preserving some control over when narrower street sections could be used. Sidewalks are recommended along both sides of local streets. While the code appears to require such sidewalks, it does not contain an express statement that they are required on both sides of streets. This requirement should be clearly stated in the revised code. According to public works and engineering staff, the limited amount of space between the back of the curb and the sidewalk (6 feet) does not allow adequate room for canopy trees within the right-of-way. The city should investigate alternative techniques that would allow for canopy tree plantings within the right-of-way (e.g., tree guards, modification of sidewalk location requirements, revised right-of-way width standards). 4.4 Community Vision Task Force Goals This section lists those community vision task force goals and policies that have a direct relationship to the text of the city's land development regulations. Possible implementation measures (code revisions/additions) are listed below many of the goals/strategies, Increase employment opportunities consistent with the available labor force. · Provide opportunities for the Iowa City work force to live close to their place of employment. Possible implementation techniques: mixed-use zoning districts Improve the environmental and economic health of the community through the efficient use of resources. 22 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 4 I PLAN IMPLEMENTATION 4.4 I COMMUNITY VISION TASK FORCE GOALS · Encourage commercial activity to take place in existing core areas or neighborhood commercial centers; discourage the proliferation of new major commercial areas. POssible implementation techniques: location criteria for commercial rezonings; comprehensive plan consistency as approval criteria for rezoning requests lilT'Ylifi]ihlT:]illllllhliillt~TIIl[i]l Maintain the integrity of scenic and historic vistas, control offensive noises, and promote unobtrusive lighting and signs. · Reevaluate lighting performance standards for glare. Possible implementation techniques: Expanded outdoor lighting standards Pursue identification and preservation of environmentally sensitive areas. · Discourage or prohibit the planting of invasive exotic plant species by the City, other public agencies, and property owners. Possible implementation techniques: prohibited plants section in landscaping regulations Provide housing opportunities for households of all sizes, incomes, ages, and special needs. · Encourage smaller owner-occupied houses on smaller lots. Possible implementation techniques:See Section 4.2.1, "Diversity of Housing Types" (p. 15) · Institute incentives such as density bonuses, provision of infrastructure, and reduction of infrastructure requirements for the development of affordable housing. Possible implementation techniques: Affordable housing density bonuses in which some minimum percentage of the total number of dwelling units within a development is restricted for occupancy at "affordable" levels (as defined by HUD for the Iowa City area). Such bonuses can be made available to ownership units as well as rental housing units. · Support programs that allow senior citizens to stay in their homes and projects that provide group living options for seniors. Possible implementation techniques: accessory housing units; shared housing regulations (Note: in shared housing arrangements two or more senior citizens share a home or apartment. Zoning amendments are sometimes required to address household ("family") size limits) Encourage neighborhoods that support the principle of diversity of housing types and households, and provide for interaction among neighbors. · Simplified procedures for mixing housing types. Possible implementation techniques: See Section 4.2.1, "Diversity of Housing Types~ (p. 15) · Encourage amenities such as retail stores, churches, and small restaurants in neighborhoods. Development Regulations Analysis March 7, 2001 23 Iowa City, Iowa CHAPTER 4 I PLAN IMPLEMENTATION 4.4 I COMMUNITY VISION TASK FORCE GOALS Possible implementation techniques: mixed-use districts; neighborhood commercial district (See 'Neighborhood Commercial" discussion in Section 4.1 [p 14]). · Develop smaller lots and morn common open space. Possible implementation techniques: allow cluster (open space development) by right in one or morn districts; move cluster deMelopment provisions to an area of code where they would have broader applicability; See also Section 4.2.1, "Diversity of Housing Types~ (p, 15) · investigate "fair share" concept for affordable housing (percentage in every neighborhood). Possible implementation techniques: inclusionary housing programs (requiring a percentage of all units in new housing developments be set aside as affordable units); density bonuses for affordable housing Review zoning and annexation of undeveloped areas to plan for the development of sustainable and livable neighborhoods. · Zone for neighborhood development in conjunction with annexation. Focus commercial development in defined commerciar centers, including small-scale neighborhood commercial centers. · Discourage linear strip commercial development that encourages sprawl. Possible implementation techniques: location criteria for commercial rezonings; comprehensive plan consistency as approval criteria for rezoning requests; See also "Neighborhood Commercial" discussion in Section 4.1 [p 14]) Foster strong community neighborhoods with a mix of housing, churches, schools, recreation facilities, commercial areas, and historic landmarks. · Promote a mix of housing styles within neighborhoods, including compatible infill development through neighborhood conservation districts and other measures; and zone parcels in advance of development. · Implement zoning, which integrates multi-family buildings as transitions between neighborhood commercial zones and lower density single family areas. Possible implementation techniques: See Section 4,2.1, "Diversity of Housing Types" (p. 15), pedestrian-friendly street designs and reduced front yard setback provisions Create and maintain attractive entrances to Iowa City. · Implement landscaping plans on public and private property to enhance entranceways to the community. Possible implementation techniques: Gateway corridor overlay zoning district; revised landscaping regulations 24 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 4 I PLAN IMPLEMENTATION 4.4 1 COMMUNITY VISION TASK FORCE GOALS Continue to emphasize crime prevention in the mission of the Police Department. Possible implementation techniques: CPTED (Crime Prevention Through Environmental Design) (See Appendix H, p. 81 ) Accommodate all modes of transportation on the street system. · Design arterial streets to accommodate all modes with sidewalks on both sides. Possible implementation techniques: Revised (clearer) sidewalk regulations (See discussion of Arterial Streets in Section 4.3.2 (po 20) Encourage walking and bicyding. · Provide adequate bike parking facilities. Possible implementation techniqueS:Add provisions allowing employers to provide fewer auto parking spaces i~ exchange for increased number of bicycle spaces and employee shower facilities. Development Regulations Analysis March 7, 2001 25 Iowa City, Iowa Development 5.1 Introduction For a development code to be effective, it is important that its development review and approval processes be efficient and that the criteria for reviewing development proposals be clearly stated and tied to community planning and development goals. Efficiency in the development review process is achieved when the framework for review is not redundant, the procedures and review standards result in a reasonable degree of certainty, and the review process for each permit type is streamlined to the greatest degree possible. Streamlining of review procedures can be accomplished in a number of ways, including: · Consolidation of permit processes; · Reduction of review steps · Greater use of administrative review and decision-making (based on objective standards and review criteria) This chapter analyzes Iowa City's existing development review and approval procedures. 5.2 Amendments The procedures for zoning ordinance text and map amendments are consistent with state law and offer little opportunity for additional streamlining. The city may want to consider consolidating second and third ordinance readings on "non-controversial" rezonings. 5.3 Planned Developments The ordinance already allows administrative approval of final PDH plans. Therefore, little opportunity for streamlining the planned development approval process exists. However, the authors of this report believe that Iowa City, like many communities, tends to overuse the planned development process--sending many otherwise conventional developments through the planned development process as a means of imposing additional conditions on development requests. We also recommend that the city consider implementing its environmental regulations (Sensitive Areas Ordinance) through administratively approvable development standards, rather than planned development procedures. (See also Section 6.8 [p.38]) Development Regulations Analysis March 7, 2001 27 Iowa City, Iowa CHAPTER 5 I DEVELOPMENT REVIEW 5.4 I SUBDIVISIONS 5.4 Subdivisions The city may have an opportunity to streamline the approval process for minor subdivisions. The code currently defines a minor plat ("a plat involving no streets") but does not include an abbreviated minor plat review procedure. A literal reading of the code suggests that there is one approval procedure for all subdivision plats: review and approval of preliminary and final plats by both the Planning and Zoning Commission and City Council Minor plats (containing up to 4 or 5 lots ironring on an existing street, not involving any new street or road, or extension of community facilities, or the creation of any public improvements) should also be allowed to by-pass Lhe preliminary plat stage and move directly to the final plat stage. We note as positive the city's requirements for sketch plans and preapplication conferences for subdivisions. Additional detail on the purpose of the concept plan stage would, however, be useful (e.g., to inform the applicant of applicable procedures, submittal requirements, development standards, and other pertinent matters before the applicant finalizes the proposal 5.5 Special Exceptions The existing process for review and approval of special exception uses is consistent with state law; little opportunity exists for additional streamlining. We recommend keeping the number of special exception uses in the ordinance to a minimum and relying instead on permitted and provisional uses wherever possible. 5.6 Site Plan Review The approval process used for site plans is excellent. It allows most site plans to be handled administratively, while preserving the opportunity to send individual site plans to the Planning and Zoning Commission for approval. The major site plan review process is triggered by all projects exceeding 10,000 square feet or 12 dwelling units. 5.7 Minor Modifications The city's minor modification approval process is an excellent example of streamlining. it sets out a narrow range of regulations that can be modified by the Building Official without resort to the Board of Adjustment (variance). The provisions include clear procedures and decision-making criteria (findings). During the interview process, we heard a suggestion that minor modifications should be handled by the same staff panel that handles zoning interpretations. That panel is comprised of the city attorney, the housing and inspections services director and planning and community development d i rector. 28 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 5 I DEVELOPMENT REVIEW 5.8 I VARIANCES AND APPEALS OF ADMINISTRATIVE DECISIONS ,5.8 Variances and Appeals of Administrative Decisions The existing processes for review and approval of variances and appeals of administrative decisions are consistent with state law; little opportunity exists for additional streamlining. 5.9 Review and Decision-Making Powers The following table summarizes the roles of the various review and decision-making bodies involved in the city's development review process. ~ prOCedUre ............... I~"staif"[. "H'p~' 'lr'~'.e;~" I1' i~o~ "1!" 'cc"'I: I'~'i~gK, lap Amendments l(Rezonings) ? R[1] R ' I <DM> I Planned Developments ! Preliminary Plan R R -- <DM> i Final Plan DM -- -- -- i Preliminary Plat R R -- DM I Final Plat R R -- DM ['~p~'~i~F~<~e~iic~ uses .... 1F""'N""ll'Ni~i"l[ "'3F<D,> II - I :-~-~te e,e.~e~s~ <u~jo~) .JL DLJ~-- I' d~'t~]'l~"A IL': '1 , Certificates of ApprOpriateneSS l, ' R I:'DM ["" I, "" I~ ' 'DM" I / Minor modifications f~E~; C ~ I~ - II - IF~f':'l P~ = Planning and Zoning Commission BOA = Board of Adjustment CO= City Council HPC = Historic Prese~ation Commission R = Review Body DM = Decision-Making Body <> = Hearing A = Appellate Body ? = Role not expressly stated in code [1] Review authority in cases involving OCD and OHP zones. [2] Review of special exceptions for signs on historic structures. [3] P&Z is decision-making body only upon petition of surrounding property owners. 5.10 Length of Process Based on anecdotal evidence, it appears that a standard development review and approval period in Iowa City is in the range of 90 to 120 days. This time-frame is well within the typical range found in other communities. Nonetheless, there are a number of measures used in other communities Development Regulations Analysis March 7, 2001 29 Iowa City, Iowa CHAPTER 5 I DEVELOPMENT REVIEW 5.10 I LENGTH OF PROCESS that could work to improve processing times for land development approvals, thereby reducing the cost of development. Many of the following measures are endorsed by the National Association of Homebuilders, the American Planning Association and other groups: 5.10.1 Cross-Training Cross-training staff to be familiar with all aspects of the development review and approval process reduces specialization and thus enhances everyone's understanding of how various development standards and issues relate to each other. This improves coordination and helps expedite the approval process. It also increases the number of employees who are able to staff the central permitting desk. 5.10.2 Clear Standards and Criteria Vague provisions and processes are difficult to administer, interpret and enforce. Terminology and requirements should be as clear and specific as possible, with criteria provided as a guide to implementing more flexible standards. Clear cross-references should be made to sections and standards that relate to each other. Quick- reference tables should be used wherever possible. These measures will benefit both the applicant and those who must administer and enforce the ordinance. 5,10.3 Checklists and Flow Chaffs Land development regulations should clearly spell out where to submit applications, which entities have final approval authority, and the approval sequence for various types of applications. The role of each actor in the process (staff, boards, commission, City Council) should also be clearly explained. Submittal requirements for various types of applications should be clearly spelled out and the level of detail in applications should be based on the type and timing of the requested approval. In short, detailed design and engineering plans should not be required to be submitted until the basic concept of the proposal is agreed upon. 5.10.4 Time Frames for Reviews and Approvals Vague and lengthy review processes and a lack of response or decision from review and decision-making bodies unnecessarily drag out the process and add to the cost of development. In some places, the existing code includes such time-frames (usually in those places where the state code contains such time-frames); other sections of the code do not reference a mandatory time-frame for review or action. 30 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 5 I DEVELOPMENT REVIEW 5.10 I LENGTH OF PROCESS 5.10.5 Pre-Application Conferences Pre-application conferences can be a very effective tool in expediting the development approval process. Encouraging or requiring developers to meet informally with staff to present concept or sketch plans for a project can help address issues and requirements before expensive technical and engineering work has been conducted. Iowa City currently makes use of preapplication conferences. 5.10.6 Interdepartmental Review Interdepartmental review with a designated coordinator (ombudsman) helps coordinate reviews by multiple departments and agencies and can serve to eliminate discrepancies in the comments received from departments. The coordinator should have authority to make decisions when discrepancies occur. Although the city follows a general form of this practice for some applications, we recommend that a development review committee process be formalized. 5.10.7 Concurrent Reviews Simultaneous reviews allow different steps in an application to be reviewed together as a package or at least during the same time frame, reducing the time involved in sequential reviews. Iowa City currently allows concurrent reviews. 5.10.8 Administrative Decision-Making Allowing more decisions to be handled administratively by staff, such as issues that are mostly technical, minor changes to submittals, and minor approvals will help to speed up the process. 5.10.9 Ordinance Readings Encourage the Iowa Legislature to amend the state law requiring ordinance readings on three separate occasions. In general, Iowa has modernized its laws and given local governments a good deal of flexibility. Cutting back to two readings would be consistent with that trend and with practices elsewhere. If a general amendment of the state statutes is not possible, it may be possible to get an amendment for zoning ordinances on the grounds that zoning ordinances have one complete review (planning commission) before going to council. Until such time as state law is changed, the city may want to consider consolidating second and third ordinance readings on "non-controversiaV' rezonings. 5.10.10 Neighborhood Meetings Many communities are experiencing an increase in public interest in planning and land use decisions. In response, communities are striving to improve citizen involvement in these decisions. Development Regulations Analysis March 7, 2001 31 Iowa City, Iowa CHAPTER 5 I DEVELOPMENT REVIEW 5.11 I NOT~CES Unfortunately, there is often an almost exclusive focus on the large plan or project. Nearly all new ideas in public participation have come out of comprehensive plans, community visioning efforts, major transportation plans, large public works projects and the like. These big plans and projects are no doubt important to residents, but what about day-to-day land development decisions.~ Rezonings, subdivision plats, special exceptions and variances can have as much impact on the public as the big plans, yet the role of citizen participation in these decisions has changed little in decades. Moreover, when looking to improve citizen involvement, communities have concentrated on new and better tools and techniques rather than new and better processes and procedures. Sending hearing notices to more people, making site posters bigger and buying larger newspaper ads may get the word out to more people, but such measures do no necessarily improve the quality of citizen involvement. We believe that meaningful discussion between applicants and neighborhoods early in the process (at least in those instances where public hearings will eventually be held) hold strong potential for improving citizen involvement opportunities, local decision-making and developer confidence in the development approval process. For that reason, the city may want to consider strengthening its citizen participation program (currently voluntary) to require developer-led neighborhood meetings in some cases. 5.11 Notices The code's existing public notice requirements generally track the requirements of state law. Some interviewees suggested that the city needs to go beyond statutory requirements and provide more notice to surrounding residents of proposed land development matters, Among the techniques suggested were greater notification radius for mailed notice, better use of posted notice signs and clear display ads in the local newspaper. These are excellent means of increasing public knowledge of pending development requests and it is our understanding that the city now employs most of them, going far beyond statutory requirements by sending letters and posting signs in all rezoning, subdivision and Board of Adjustment cases. 32 March 7, 2001 Development Regulations Analysis Iowa City, Iowa 6 Review of Selected Provisions This chapter provides a review of selected provisions in the zoning and subdivision ordinances. While minor technical, organizational and format revisions would likely be desirable throughout the ordinances, this chapter focuses primarily on areas of suggested substantive modification. 6.1 Zoning Title, Purpose and Scope Article A of the existing zoning ordinance contains a number of common, "boilerplate" provisions. 6,1,1 Purpose The ordinance's "purpose statement" should be updated to reflect city goals, especially those related to implementation of and consistency with the 1997 comprehensive plan. 6.1.2 Interpretation and Application of Provisions The second sentence of this provision addresses instances of conflict between zoning ordinance regulations and private covenants and restrictions--stating that the zoning ordinance is not intended to "interfere with, abrogate or annul any" [such private restrictions]. Zoning regulations can also come into conflict with other local ordinances and regulations and with state and federal law. Consideration should be given to including a broader "conflicting provisions" clause in the ordinance to clarify which regulations govern in the case of conflict. 6.1.3 Scope Most of the provisions of this section are common zoning features. However, the regulations of paragraphs F and H (addressing the number of uses/structures allowed per lot and the permitted location of heliports/helipads) are misplaced. 6.1.4 New or Relocated Provisions If the city elects to prepare a comprehensive revision of its zoning and development regulations, consideration should be given to including the following common provisions in the introductory article: Authority: references to Iowa statutory authority for adopting the regulations. Applicability and Jurisdiction: an explanation of the scope of the regulations, both geographically and substantively. Development Regulations Analysis March 7, 2001 33 Iowa City, Iowa CHAPTER 6 [ REVIEW OF SELECTED PROVISIONS 6.2 [ DEFINITIONS AND RULES OF CONSTRUCTION Implementation of and Consistency with Comprehensive Plan: Provisions clarifying that the regulations have been prepared in accordance with the city's comprehensive plan and that decisions made under the code are intended to be consistent with the Plan. Transitional Provisions: Since any new ordinance will likely include several changes from existing practice, this section is important as a means of explaining the rights of development approved under previous (existing) ordinances. It should also address other transitional issues, including the status of existing development that does not comply with new regulations, the status of approved but unbuilt projects that do not comply with regulations and similar matters. Severability: A standard clause stating that if one or more provisions of the regulations are declared invalid, the remaining provisions will remain in full force and effect. Effective Date: Many ordinances include an overall effective date near the beginning of the ordinance. We also recommend that the city abandon its use of the convention of referring to ordinance effective dates and instead insert the actual date. As ordinance amendments occur it becomes very difficult to track what is meant by the general phase the "effective date of this ordinance." 6.2 Definitions and Rules of Construction 6,2.1 Rules of Word Construction (14-6A-4) These are common and appropriate provisions. It should be noted that existing references to the Standard Industrial Classification Manual are now outdated, since the SIC system has been replaced by the North American Industrial Classification System. The city should consider adding other common "rules of construction" to this section, including the following Meanings and Intent All provisions, terms, phrases and expressions contained in this Zoning Ordinance shall be construed according to the Purposes set out in this Ordinance. Particular and General Provisions The particular controls the general. 34 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 6 I REVIEW OF SELECTED PROVISIONS 6.2 1 DEFINITIONS AND RULES OF CONSTRUCTION Headings, Illustrations and Text In case of any difference of meaning or implication between the text of this Zoning Ordinance and any heading, drawing, table, figure, or illustration, the text shall control. Lists and Examples Unless otherwise specifically indicated, lists of items or examples that use terms such as "including,, "such as," or similar language are intended to provide examples; not to be exhaustive lists of all possibilities. Unlisted Uses Uses that are not expressly allowed are prohibited. Computation of Time References to days are to City of Iowa City workdays unless otherwise stated. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday observed by the city, that day shall be excluded. References to Other Regulations and Documents Whenever reference is made to a resolution, ordinance, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such regulation (as amended), resolution, ordinance, statute, regulation, or document or to the relevant successor document, unless otherwise expressly stated. Delegation of Authority Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Technical and Nontechnical Terms Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. Development Regulations Analysis March 7, 2001 35 Iowa City, Iowa CHAPTER 6 I REVIEW OF SELECTED PROVISIONS 6.3 ] INTERIM DEVELOPMENT ZONE Public Officials and Agencies All public officials, bodies, and agencies to which references are made are those of the City of Iowa City unless otherwise expressly stated. Conjunctions Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: "and" indicates that all connected items, conditions, provisions, or events apply; and "orx indicates that one or morn of the connected items, conditions, provisions, or events may apply. 6.2.2 Definitions (14-6A-4) Any update should include new and revised definitions. 6.3 Interim Development Zone At least one interviewee suggested that the city should have additional nonresidential interim development zones. Such new zones would be a useful as a means of signaling the city's plans for newly developing areas. 6.4 Factory-Built Housing Residential Zone (RFBH) It is possible to interpret these regulations as relegating "modular units" to the RFBH, although we understand that is not the intent. The ordinance specifically states that manufactured housing units are classified as single- family dwellings, but it does not contain a similar statement about so-called "modular units." Regulations allowing neighborhood-serving nonresidential uses within the RFBH zone raise the question of why such uses are not allowed as provisional uses in other "conventional" residential zones. 6.5 Commercial and Business Zones Besides the CN-1 zone (See Sec. 4.1, p. 14), the existing ordinance contains seven other commercial zones: an office zone, a highway commercial zone, an "intensive" commercial zone, a community commercial zone and three downtown-oriented zones. Two of the three central business zones--CB-2 and CB-5--serve as service and support districts for lands on the "edges" of downtown. The CB-2 district, for example, accommodates auto-oriented uses that would be entirely inappropriate in the downtown core but which have historically existed at points near downtown. Similarly, the CB-5 zone provides a zone of transition along the CB-10's southern border. Given the location of the most CB-2 zoning, the city might want to re-evaluate the maximum height 36 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 6 I REVIEW OF SELECTED PROVISIONS 6.5 [ COMMERCIAL AND BUSINESS ZONES limit (now: 100 feet), since very tall buildings in some areas of the CB-2 zone could be out of scale with surrounding neighborhoods. Additionally, the city may want to subject auto and truck-oriented uses to additional scrutiny in the CB-2 zones because of their potential to disrupt the pedestrian character of central area neighborhoods. Some of the design provisions (or similar ones) now applicable in the CB-5 zone may also be appropriate in the EB-2 zone. The CB-10 zone is the city's true downtown zone. It allows the highest intensity of development of any of the city's zones and allows uses that support downtown's historic role. Because of its importance, the CB-10 district may also be deserving a design provisions (similar to those in CB-5) that support the strong pedestrian-orientation of iowa City's downtown. The following table provides a summary of the dimensional standards applicable in all of the commercial and business zoning districts. A review of these standards reveals that there is very little difference between the non- CB districts (from a dimensional standards perspective). A review of the use table in Appendix B, on the other hand, suggests that there is greater range of difference from an allowed use perspective. Still, there may be an opportunity to consolidate some of the existing commercial/business districts. Additional consolidation of similar (2 zones may be possible. At the same time, additional district standards may also be needed to address build-to lines, site design, building orientation and other features that implement plan goals for pedestrian-oriented, compact development. During the code update effort, the city should continue to examine possible ways to consolidate similar zoning districts. Modernization of the code's use classification system should also be a priority of any code update effort. r .........'- ........I'co-fiic"-il': CH'-i i'!ci::~J,_CC:~ I:C'e:~IIC'B-~ li CB-~'O I , , ILot Width (feet) i,ot Front.ge <feet) II - I~ ' I~ ' iF:" 'F :'I["":~ - I! - I ~tback, <feet)IF""3r"T" qr~'lr~qr'2E"'q! ......q .:,,.~ideI:-J.,_:-"'L_.:ZI-'I."'-' '1~'-I - ~Re~r "lZ:l'=lL_~LJL :"J',: li -"l':lZ_-.Zj, '..i.htliee6 ..................Ii"'~g'l"'2s I" '-' _J_._.as ll"""~'g""'lr'3'aa'l'~g"i~]"'l .......-Zl' ~"ui~di"..C0"r.'~°~ll!':"'l' :J: - I - I! :"11':"'1"""""""'1 ....: I [1] No setbacks required except for first floor of structures along Burlington. Maximum allowed setback is 12 feet. [2] Minimum height is 35 feet, Development Regulations Analysis March 7, 2001 37 Iowa City, Iowa CHAPTER 6 I REVIEW OF SELECTED PROVISIONS 6.6 ] INDUSTRIAL ZONES (ART. H) [3] Depending on presence of basement and use of bonuses. [4] Bonus for pedestrian plazas. 6,6 Industrial Zones (Art. H) Existing references in the industrial districts to the Standard Industrial Classification (SIC) manual should be revised to reflect the new North American Industrial Classification System (NAICS). The list of uses allowed in General Industrial zone seems rather narrow. We believe the real issue is the ordinance's use classification system in general. It is better than many we've seen, but it can definitely be improved. The allowance of any "industrial, commercial, or related use" poses a potential threat to the purpose of the I-2 zone, which is to provide a sanctuary for intensive industrial uses and to protect those uses from encroachment by less intensive uses. The city should consider prohibiting most low-intensity "commercial" uses in the I-2 zone. Consideration should also be given to revising the permitted use section of the I-2 zone to be consistent with the other zones. Currently, the I-2 zone relies on a list of "prohibited" uses rather than a list of expressly permitted uses. 6.7 Public Zone (Art. 1) We believe the "P" district has an important purpose (to serve notice to those owning or buying land in proximity to publicly owned land), but is of little benefit to the community in its current form. It iacks any development standards and is too open-ended in terms of the range of uses allowed. The city should consider amending the "P" zone to be a neighborhood- oriented zone that allows a fairly narrow range of "public" uses that are typically located within or near residential neighborhoods. Examples would include schools, parks, playgrounds, fire stations and the like. More intensive public uses, such as post offices and equipment storage yards should be relegated to higher intensity commercial or industrial districts. Similarly, state and federal offices should be treated just as other offices for zoning purposes. In terms of development standards, the "P" zone should either limit development intensity along the lines of a moderate density residential zone, or require that development in the "P" zone adhere to the standards of the most restrictive adjacent district. In any case, the city should adopt standards for the zone and expressly state in the ordinance that all development (whether public or private) is subject to the standards of the ordinance. 6.8 Sensitive Areas Ordinance The environmental regulations of Chapter 6 are locally referred to as the "Sensitive Areas Ordinance." These regulations show evidence of Iowa 38 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 6 I REVIEW OF SELECTED PROVISIONS 6.9 I OFF-STREET PARKING City's strong commitment to preservation of sensitive natural resource areas. We believe, however, that they could be improved. Currently the environmental regulations are implemented through the Sensitive Areas Overlay (SAO) zone and the Planned Development Housing Overlay zone (OPDH). We recommend that consideration be given to implementing the regulations through a "development standards" approach, while retaining the OPDH zone as a voluntary route for developers with unique or innovative proposals. Under the development standards approach, developers of sites containing protected resources areas would be subject to site plan review, during which their plans would be checked administratively for compliance with the Sensitive Areas Ordinance. Those aggrieved by a staff decision on a sensitive areas site plan would have the right of appeal. Rezoning would only be required if the underlying zoning did not accommodate the proposed development or if the developer opted to follow the OPDH route for its increased "flexibility." This recommendation stems largely from our belief that the use of objective development standards will result in a more predictable outcome for all concerned (developers, neighborhoods, and the city). It is also our observation that the existing process tends to result in issues being raised during the overlay rezoning process that are sometimes completely unrelated to the site's environmental characteristics. We recommend that the city consider moving many of the residential design guidelines from the Environmental Regulations article, and relocating them to another section of the ordinance where they would have broader applicability. 6.9 Off-Street Parking The required size of a standard parking space (90 degree) in Iowa City is 9 feet by 18 feet, although up to 50 percent of required parking spaces can be "compact car" spaces, which can be a small as 8 feet by 15 feet. Although we caution against over-requiring parking or oversizing of parking lots, we note that few modern ordinances allow such widespread use of compact spaces, except in instances where the compact spaces are reserved for low- turnover uses, such as employee parking. In general, we believe that additional flexibility may be desirable within the off-street parking section. Requiring special exception approval for off-site and shared parking arrangements, for example, may work against the city's goals regarding pedestrian-orientation and preservation of neighborhood character and appearance. Allowing off-site parking requests to be handled administratively, subject to specific standards may be preferable. The city may also want to allow some additional flexibility with regard to the location of off-site lots (currently required to be within 300 feet of the subject use). Finally, some communities have elected to allow large Development Regulations Analysis March 7, 2001 39 Iowa City, Iowa CHAPTER 6 J REVIEW OF SELECTED PROVISIONS 6.10I SUBDIVISION REGULATIONS employers to use transportation demand management measures as a substitute for providing parking spaces. A review of the number of spaces required for land uses reveals that the city's standards are generally within the range seen in other communities. Beyond such relative comparisons, it is impossible to judge the adequacy of the city's existing numerical requirements, since local parking generation characteristics are not known. The existing standards am typically based on floor area and they sometimes vary by zone district, both of which are positive features. The existing provision allowing land to be set aside in lieu of constructing spaces is also a good modern regulatory feature. It was brought to our attention that there is some question about whether parking area design standards apply to parking provided in excess of ordinance requirements. This should be clarified, presumably by specifying that the design standards apply to all off-street parking facilities. 6.10 Subdivision Regulations Note: Some subdivision-related matters are discussed in other section of this report (See, for example, Section 4.3 [p. 19] and Section 5.4 [p.28 ]). Other recommendations about the subdivision regulations follow: 6. f0.1 Consistency with Municipal Design Standards Our reading of the city code and the design standards manual suggest that there may be conflicting (or at least inconsistent) provisions in the two documents. A reference to the existence of the Municipal Design Standards should also be included in the subdivision regulations. 6.10.1 Purpose Statement The purpose statement should be expanded, using language from the comprehensive plan. A more detailed purpose statement would be helpful in clarifying to the staff and the public the reasons for the regulations and would be useful in the event of a legal challenge. 6.10.2 Definitions The definitions should be reviewed for clarity and accuracy. For example, a "minor plat" is listed as one "involving no streets," while the definition of a "major plat" is more specific, mentioning the extension of existing streets and "selective access drives." More important is the fact that there are terms used in the subdivision regulations that are not defined at all, such as "block" and "crosswalk." 40 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 6 ] REVIEW OF SELECTED PROVISIONS 6.10 ~ SUBDIVISION REGULATIONS 6.10.3 Exceptions The section dealing with exceptions is rather broad and vague. If the city is serious about implementing Comprehensive Pan goals and policies, it is important to limit the ability to deviate from the adopted standards. Our experience is that specific standards are helpful in preventing review and decision-making bodies from granting unwarranted exceptions that weaken the integrity of the regulations. 6.10.4 Unusual Plats The regulations provide for waiving requirements for "unusual plats." This is an example of a vague provision that should be modified or removed. We recommend developing more specific criteria for determining what constitutes an "unusual plat." Similarly, the section on design standards allows exceptions where "good platting" would so dictate, or when "a variation would provide a better street and lot layout." Missing from the ordinance is a statement about what constitutes good subdivision design. 6.10.5 Decision-Making The ordinance specifies that "the Commission shall approve or disapprove the plat .... "Since "the Commission" is a recommending body (final decisions are made by City Council), this language should be changed. 6,10.6 Alleys The design standards discourage alleys in most places. In keeping with the city's interest in providing smaller lots and a wider variety of housing types, the city may wish to remove such obstacles. 6.10.2 Block Length and Width As noted previously, the block length used in the subdivision regulations is not standard (400 feet instead of 300 feet), and the requirement that each block be at least 200 feet wide and accommodate two tiers of lots may discourage creative subdivision design. 6.10.3 Tables and Charts This regulations could be made more readable and easier to use by replacing and/or supplementing some of the text with charts. Examples include street width requirements and a summary of required public improvements. Development Regulations Analysis March 7, 2001 41 Iowa City, Iowa CHAPTER 6 I REVIEW OF SELECTED PROVISIONS 6.11 I SITE PLAN REVIEW 6.10.4 Open Space Dedication The ordinance includes clear standards for calculating the amount of land to be dedicated as open space. However, the provisions for payments in lieu of dedication are less clear. It may be beneficial to include standards for the minimum amount of land to be dedicated. Those subdivisions where the calculation would produce a smaller amount would be required to pay fees instead. 6.10.7 Terminology The terminology used in the regulations should be reviewed and made as specific as possible. Statements that certain things "should be avoided" or others "should be encouraged" usually are without legal merit and are difficult to enforce. 6.11 Site Plan Review 6.11.1 Organization The city's site plan review regulations are codified in the Building and Housing chapter of Title 14. We believe that their location there makes the city's development regulations more difficult to comprehend, particularly for those who are unfamiliar with the Iowa City system. Our observation is that site plan review is increasingly viewed as part of the zoning review (land development) process, rather than the building process. Also most of the design standards of the site plan article deal with issues of zoning and land development. 6,11.2 Purpose The purpose statement of the site plan review regulations is generally sound, although item "B" of the purpose statement contains a list of review and approval criteria that should either be eliminated be relocated to another section of the site plan article. (Note: the site plan regulations do not include an express statement regarding the criteria to be used in approving or denying site plans) 6.11.3 Design Standards The design standards of the site plan review article are a mixture of general and specific requirements many of which overlap other sections of the code. We believe that specific design standards should be relocated to other sections of the city code that deal with the referenced subject. (e.g., parking area design, landscaping, screening and street access). By doing so, site plan review can be thought of as more of a "process," rather than another layer of standards. The principal review criterion will then become: "does the proposal comply with all applicable code requirements....~" 42 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 6 ~ REVIEW OF SELECTED PROVISIONS 6.12 [ TELECOMMUNICATIONS DEVICES 6.12Telecommunications Devices The Telecommunications Act of 1996 contained provisions that required changes in local land-use regulation of satellite dishes and telecommunications towers used to provide wireless services. Although Iowa City clearly has updated its code in response to that Act, Appendix I contains additional suggestions for consideration. 6,13Sexually Oriented Businesses Many local governments impose additional regulations on sexually oriented businesses because of concerns about the impacts of such businesses on other activities in the area, and, in some cases, because of community moral judgments about the material or activities promoted by the business. Local governments do not have complete flexibility to regulate sexually oriented businesses, however. Movies, books, videos, magazines, newspapers and CD-ROMs are all protected by the First Amendment; that protection extends even to hard-core material, provided that it is not found to be "obscene" and thus illegal. The First Amendment also protects live performances, including dancing, although the Supreme Court has twice upheld laws essentially banning nude dancing. To the extent that local land-use regulations burden the First Amendment rights of individuals who provide sexually oriented media or performances, those regulations will be subject to "strict scrutiny," essentially eliminating the "presumption of validity" normally given to local ordinances and shifting the burden of proof to the local government to show why it should be allowed to restrict the free-speech rights of certain citizens. Under that relatively rigorous test, many local regulations of sexually oriented businesses have been struck down. The practical measure of a local ordinance under such "strict scrutiny" often comes down to a very practical question--does the local ordinance allow protected businesses a reasonable number of sites in the community? Appendix J contains and in-depth review of the city's existing "adult use" regulations and a series of recommendations. 6.14Group Homes and Related Uses The city's current zoning provisions appear to be in compliance with applicable provisions of state and federal law regarding group homes. For an in-depth discussion of these issues, see Appendix K. 6.15Sign Regulations Iowa City's sign regulations should be revised and brought into conformity with Constitutional principles and guidelines that are defensible under the Development Regulations Analysis March 7, 2001 43 Iowa City, Iowa CHAPTER 6 1 REVIEW OF SELECTED PROVISIONS 6.16 I HISTORIC PRESERVATION/CONSERVATION comprehensive plan--eliminating most content-based distinctions. Appendix L contains an in-dept review and critique of the existing sign regulations. 6.16 Historic Preservation/Conservation Section 14-6J-3 of the city's zoning ordinance contains provisions for the Historic Preservation Overlay (OHP) zone and Section 14-6J-4 contains provisions for a related Conservation OverPay (OCD) zone. 6.16.'1 Purposes Each of these sections contains a good statement of purposes, establishing a sound planning basis for use of the districts. 6.16.2 Procedures for Adoption and Related Report The procedures for adoption of both zones are set out in §1 4-6J-3.C, which is somewhat confusing, because the heading on that section refers only to the OHP zone. The procedures appear to be appropriate for both and should simply be placed in a section that clearly relates to both districts. Section 14-6.1-4.C contains additional substantive requirements to be included in the adoption procedures for the OCD zone only. These include: The degree to which the area contains the general character and appearance of its original period of deveWopment; The extent to which the area evidences ongoing maintenance of existing older buildings; The potential for rehabilitation of existing buildings in the area; o The degree to which the area displays traditional neighborhood character as is evidenced by arch itectural styles, building scale, building setback; and n The concerns of residents and property owners in the area. That same section includes requirements for specific provisions to be included in the Conservation District Report; although the previous section requires a report on a proposed historic district, it does not include the same sort of list of specific substantive requirements. That list requires that a Conservation District Report: Include a study of the characteristics of the proposed OCD Zone, including architectural characteristics, elements of the streetscape, physical conditions of buildings, age of 44 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 6 I REVIEW OF SELECTED PROVISIONS 6.161 HISTORIC PRESERVATION/CONSERVATION buildings, histor~ of buildings, and property ownership patterns; Define the boundaries of the proposed OCD Zone; Contain guidelines for alteration and rehabilitation of existing buildings within the OCD Zone; Contain guidelines for the construction of new buildings within the OCD Zone; Identify modifications, if any, to the dimensional requirements of the underlying zoning district based on the prevailing character of existing development; Identify modifications, if any, to the off-street parking requirements which apply to uses in the underlying zone; c3 Establish the level of review required for changes of appearance to buildings within the OCD Zone; and Q Contain an ordinance implementing the provision of the specific OCD zone. Establishment of any OCD Zone requires City Council adoption of Conservation District ordinances specific to each OCD zone. All of these are excellent requirements that should be included in the report for either an OCD or an OHP zone. These two sets of procedural provisions should be combined, using most of the non- redundant sections of each, to create one more comprehensive section that applies to adoption of both OCD and OHP zones; the purpose of the OCD will result in its application to some non- historic contexts, and in those cases the referral to the State Historical Society of Iowa (see §14-6J-3.C.1 .b) should be waived. In addition, the report should include specific recommendations and proposed findings (see next section) regarding the particular historical or other characteristics of the neighborhood, area or site which should be preserved. If the significance of the area is the treatment of porches and rooflines, there is no reason for the Preservation Commission later to interfere with a property owner who wants to replace windows; on the other hand, in an area where the Victorian detailing of buildings is significant, it is important for the Commission to know that as it reviews proposed projects. 6.16.3 Required Findings The adoption procedures should require that the City Council, on the recommendation of the Planning and Zoning Commission, specifically adopt or reject as findings each relevant part of the proposed report. Because this is a legislative enactment, the City Council clearly has the discretion to accept part, all or none of a Development Regulations Analysis March 7, 2001 45 Iowa City, Iowa CHAPTER 6 ] REVIEW OF SELECTED PROVISIONS 6.16 [ HISTORIC PRESERVATION/CONSERVATION proposed report. To create a legislative history that can be used in interpreting the district rules, it is important to have the council make specific findings. Note that in a historic district "interpretation" occurs before the Preservation Commission as well as before the courts; regulations are rarely detailed enough to cover every possible situation and it is thus very helpful to have a legislative history to provide a context for interpretation. 6.16.4 Review of Proposals The provisions for the OCD (§14-6J-4.3) contains an excellent set of procedures for review of proposals for work on a building or site in the area. The review process results in the issuance of a Certificate of Appropriateness, which provides a useful administrative tool to guide issuance of building and other permits for the site. This excellent set of provisions should be expanded to apply to work in historic districts and on historic buildings and sites. 6.16.6 Demolition by Neglect "Demolition by neglect" is a problem that occasionally arises with property in a historic district when the subject property owner objects to preservation regulations. If such an owner is denied a Certificate of Appropriateness, he or she may simply allow the affected property to deteriorate, hoping that the city will find that it is a public safety hazard and must be demolished. Demolition by neglect provisions are intended to allow intervention by the city before a structure reaches that stage. 6.16.6 Additions to Violations It will be important to add to the comprehensive "violations" section in a new ordinance the following violations: To conduct work on any historic landmark or any building or site in the OCD or OHP zones without obtaining a required Certificate of Appropriateness; To conduct work on any historic landmark or on any building or site in the OCD or OHP zones in a way that is inconsistent with an issued Certificate of Appropriateness; Q To allow any property under the ownership or control of an individual to fall into a state that is found to constitute "demolition by neglect;" Q To fail to respond within the specified period to any corrective order of the [enforcement officer] to correct any situation involving "demolition by neglect." 46 March 7, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 6 I REVIEW OF SELECTED PROVISIONS 6.16 I HISTORIC PRESERVATION/CONSERVATION 6.16.7 Legal Issues The courts have been extremely supportive of historic preservation ordinances in general. There are no obvious deficiencies in the existing ordinance that would lead to successful legal challenges, although the current lack of clarity about how the pieces of the two ordinances fit together could lead to difficulties in enforcing the ordinance in particular circumstances. With the technical corrections and reorganization suggested here, the resulting ordinance should be completely defensible. Development Regulations Analysis March 7, 2001 47 Iowa City, Iowa Appendix A J Sample Page Format (excerpt from Fort Worth, TX Zoning Ordinance) Lot Area 5,000 square feet minimum (Section 6.501 and 7,106) Lot Width 50 feet minimum at building line (Section 6.501 and 7.106) Lot Coverage 50 percent maximum Front Yard* 20 feet minimum Rear Yard 5 feet minimum Side yard Interior lot 5 feet minimum Corner lot* * 10 feet minimum adjacent to side street and 5 feet minimum for interior lot line Height 35 feet maximum (see Section 6.100) Setback to side street 5 feet minimum side yard is a minimum ot 10 setback from interior lot lines Minimum of 5 feet feet, unless there is a for corner and interior lots to rear and side pro ected front yard , , property lines from another property/' " to the rear / Setback to front street is a minimum of 20 feet, Front Street unless there is a platted or established front yard (Al['i~tS a minimum of~0 feet wide) -- - of greater dimension Notes: *May be subject to setback averaging (Section 6. I07 D) **May be subject to projected front yard (Section 6. I O I F) I"B" DistriCt, Two Attached Units on a Single Lot ~: MJNI._~UM >' EAR YARD ~ ~ LOT 1 ~ ~ LOT 2 ~ LOT 3 ~ ~ ~10,~ I', '~1 , I ~ ~ 5,000 . ~ ~ ~ Z SO. FT. : ~ ~ ~ 50~ ~XlMUM ~ ~ 5 LOTC~BAGE ~ ~ ~ MINIMUM = ~ ~ ~ LOT AREA ' ~1 ~ ~ ~ -- __ ~ __', ~ . 50' PROPERTY LINE STREET RIGHT-OF-WAY Deve/opmen~ ~e~ula~ions Analysis March 7, 2001 Iowa City, Iowa Appendix B I Sample Use Table (Based on Iowa City's existing use regulations) USE TABLE Residential Nonresidential SPecific Use ~ ~ ~) ~) 6 = ~ 0 = . . ,' ~J rJ ~1 KEY: P; Permitted By Right P*= Provisional Uses SE= Special Exception RESIDENTIAL P P P P P P P P P Accessory Apartments P P Duplex P P P * P P P Duplex, Max 1 Roomer P P Duplex, Max 2 Roomers Dwellings Above Ground Floor of Principal use, Max 3 P P S S S P P P Roomers E E E P Dwellings on Ground Floor Dwellings, Zero Lot Line P P P P P P Bdedy Apartment Housing S S P P P P Elderly Congregate Housing E E P P P P P P P P P P P P Elderly Family Home P P P P P P P P P P P P Elderly Group Homes S P P Elderly Life Care Housing E P P P P P P P P P P P Family Care Facility P P P P P Fraternity/Sorority House S S S S S S S S Group Care Fadlity E E E E E E E E USE TABLE Residential nresidential KEY: P= Permi~ed By Right P*= Provisional Uses SE= Special Exception P Manufactured, Mobile or Modular Home, Max 1 Roomer Manufactured Housing P Mobile Home P P P P P P P P P P P Model Dwelling Unit Modular Home P P P P P P P Multi-family P P Multi-family, Max 1 Roomers P P Multi-family, Max 2 Roomera P P Residence For Caretaker For Commercial Use P P Residence For Caretaker For Industrial Use P P P P P P Roomifig House Single-Family, A~ached P P P P P P P p SingleFamily, De~ched P P Singl~Family, De~ched, Max 1 Roomer P P P P P Single-Family, De~ched, Max 2 Roomera P P P P Single-Family, Detached, Max 3 Roomera P P P P P S S S S S S S S S S S S S Transient Housing E E E E E E E E E E E E E P P Two Family Dwellings. Max 1 Roomer Two Family Dwellings, Max 3 Roomera P P USE TABLE Residential >nresidential Specific Use ~ ~ ~ ~ o m ~ ~ ~ 0 KEY: P= Pertained By RigN P*= Pmvisiongl Uses BE= Specisl Excep[ion II I 1 11 I IIllllll lll NON~SIDENTI~ P Accounting Office S Adult Businesses E S S S S S P P P P S P S P P P P S Adult Day~re E E E E E E E E S P Animal Clinic E Auto/Truck Sales and Se~ice P P S p E Bake~ P S S Bank or Financial Institution w/Drive-In Facilities E E Bank or Financial institution/Branch P P S S P Barbed Beauty Shop E E Bed and Breakfast P P Building Contractor Facilities P P Building Supply Store P Business Se~ice Establishment P P P P Carpet Store P S S Cemen~ Concrete Plants E E S S S Cemete~ E E E Chemical Manufacture P S S S S S P P P P P P P P P P P P P P P P S S Child Cam Center E E E E E E E S S S S P P S P P Child Care Center, Neighborhood E E E E E P Chiropractic Clinics USE TABLE Residential ~nresidential u.:~6 .' 6:~'~ 6-,m,kaa:'r.~ SPecific Uae ~ ~ ~, ~, z ~, ~, ~, z ' a s . KEY: P= Permitted By Right P*= Provisional Uses SE= Special Exception S S S Clubs E E E p p p p S S S E E E Commercial Recreation Facility p p S S ; S S E E E E Commercial Use, General p S S S Communication Stations/Studios E E E P Computer Operations p p Computer Sales and Supplies p Consignment Shop p Convenience Groceries w/o Filling Station S Convenience Grocery Store wl Filling Station E S S Convention Center Facilities P P P E E Copy Centers p p p Dairy Products, Processing and Packaging p Data Processing p p P Drug Store p P S S P Dry Clean/Laundromat E E Educational Uses Office p p Electronic Components, Manufacture, Service and Repair p Electrotherapeutic, Electromedical and X-ray Apparatus, Manufacture, Service and Repair P Engineering, Scientific and Research Laboratory Equipment, Manufacture, Service and Repair P Equipment Rental p Farm Supplies p Farms p Financial Office p S Fitness Center/Health Spa E Florist Shops p p p p USE TABLE Residential iresidential KEY: P= Psrmi~d By Right P~= Provisional U~8~ SE= Sp~d~l Exception ~ood ~nd Kindred Produ~t~ ~nuf~o~ur~, Proc~ing ~nd p P~okGging ~ood Locker P P S S S P S Funeral Home E E E E Furniture Store P S Gas Station E General Business O~ce P P Grain Milling and Processing, Manufacture, Processing and P P Packaging of ~nsumer Food Products P Gravel E~raction P Groce~ Stores Hardware Store P S S S Helopo~s/Helostops E E E Hospi~ls P P P S S Hotel/Motel P P P E E Industrial Offices P P Industrial Uses, General P P Insurance Office P Kennel P Law Office P Light Manufacturing, Less Than 5,000 square feet S Light Manufacturing, More Than 5,000 square feet E Lumbe~ard P Manufacture Compounding or Assembling of A~icles From p Prefabricated Materials USE TABLE Residential ~residential ~6~o v , . -~ Specific Use ~ ~ ~ ~ z ~ ~ ~ z ~ 0 o o ~ 0 0 0 ~ 0 KEY: P= Pertained By Right P*= Provisional Uses SE= Special Exception Marine Equipment and Supply p Measuring and Controlling Instruments, Manufacturing, Se~ice and Repair P Medical O~ce Medical/dental Supply Stores p p Meeting Halls p p p p p p p Merchandise and Product Display Center p p P Neighborhood Super Store P P P P Nursing Homes P P Office, Computing and Ac~unting Machines, Manufacturing, Se~ice and Repair P Offices p p Offices/non-retail and no invento~ p p S p p p p p p Off-Street Pa~ing E Optical p p Optical Instruments and Lenses, Manufacture, Se~ice and Repair P P P Other Retail Pharmaceuti~Is, Manufacture, Se~ice and Repair P Pharmacy p p Photofinishing Se~ices p Photographic Equipment and Supplies, Manufacture, Se~ice and Repair P Photographic Studios p p Plant Nu~e~ p P Post Office P Printing and Publishing Facilities p Printing Shop p Professional O~ce p p USE TABLE Residential iresidential " 6 m I ~ O 'T, , , " ~ n, ,v KEY: P= Permitted By Right P*= Provisional Uses SE= Special Exception Prosthetics P P Railroad Switching, Storage and Freight Yards P P Real Estate Agency P P P P P P P P P P Real Estate Sales Center Recyclable Materials Storage (Outdoor), excluding Tires S and Appliances E Recycling Processing Facility P P P S S S S S S P P P P S P S S S S S P Religious Institution E E E E E E E E E E E E Repair Shop P Research, Testing and Experimental Laboratories P P P Restaurant, Carry Out P P P S P P P Restaurant, Less Than 100 Persons E S S P P Restaurant, More Than 100 Persons E E P Restaurant, With Drive-In Restaurant, With Drive-thru S Restaurant, Without Drive-In E P Restaurant, Without Drive-thru Retail Facilities For Products Manufactured, Processed S or Fabricated on Site E Retail Less Than 2,000 SF P P P P P S P P P P Retail More Than 2,000 SF E Salvage Yard S E S S S S S S S S S Schools/Generalized Pdvate E E E E E E E E E Schools/Public USE TABLE Residential residential Specific Use IZ <~ u~ ~ 0 m ~' ~; ,- ,_ ,,_ ~N ~ ~ KEY: P= Permitted By Right P*= Provisional Uses SE= Special Exception S S S S S S S S S S S S Schools/Specialized Private E E E E E E E E E E E E Shoe Repair p P Storage Facility, Enclosed S Storage Facility, For Tires and Appliances, Outdoor E Surgical, Medical and Dental Instruments, Manufacture, Service and Repair P S S P P Telecommunication Towers E E Theaters p p p p P Travel Agency P P Truck Terminal S S S P S S S S P P Utility Substations E E E E E E E P P P P P P P Utility Substations Within Existing Buildings Variety Store p P Veterinary Hospital P Videotape Rental P P Warehousing, Storage and Distribution Facilities P Wholesale Establishments P P Appendix C I Local Street Width The following table presents sample street width standards. These standards were obtained primarily from the Congress for the New Urbanism, Narrow Streets Database, compiled by Alan B. Cohen, AIA; with additional research by Craig Raborn, Duncan Associates. Parking Parking Jurisdiction Prohibited Permitted Comment I sidei2 sides Phoenix, AZ 28 Santa Rosa, CA 20 26-28 30 20-foot neck downs at intersections Palmdale, CA 28 San Jose, CA 30-34 Depending on number of dwelling units Novato, CA 24-28 Depending on density Boulder, CO 30-32 Depending on ADT Ft. Collins, CO 30 Delaware DOT 21 22-29 Mobility friendly design Connectivity required Orlando, FL 22-28 Depending on lot width Ames, IA 27 37 Manhattan, KS 27 Portland, MA 24 Howard Co., MD 24 Charles Co., MD 24 Birmingham, MI 20 26 Helena, MT 33 Missoula, MT 26-32 Depending on number of dwelling units Albuquerque, NM 27-28 27 with roll curb Santa Fe, NM 34 Eugene, OR 20 21 28-34 Depending on ADT Forest Grove, OR 24 28-32 Depending on number of dwelling units Gresham, OR 20-26 McMinnville, OR 26 26' w/parking both sides Portland, OR 20 26 Washington 20-24 28 County, OR Beaverton, OR 28 Tigard,OR 28 32 Tualatin, OR 32 Hillsboro, OR 28-30 Johnson City, OR 22-28 Depending on ADT College Station, TX 27 Burlington, VT 30 Kirkland, WA 20 24-28 Depending on density Morgantown, WV 22 Madison, WI 27-28 Depending on density Development Regulations Analysis March 7, 2001 59 Iowa City, Iowa Appendix D ( Corner Lot Duplexes This provision allows new duplexes and attached houses in locations where their appearance and impact will be compatible with the surrounding houses. Duplexes and attached houses on corner lots can be designed so each unit is oriented towards a different street. This gives the structure the overall appearance of a house when viewed from either street. 1. Qualifying situations. This provision applies to corner lots in the RS Zones. 2. Density and lot size. One extra dwelling unit is allowed. For duplexes, the lot must comply with the minimum lot area standard for new lots in the base zone. For attached houses, the original lot before division for the attached house project, must comply with the minimum lot size standard for new lots in the base zone. 3. Entrances. Each unit of the duplex or attached house must have its address and main entrance oriented towards a separate street frontage. Conversion of an existing house may provide one main entrance with internal access to both units. Note: These provisions should probably also require that access drives and garages be located on separate street frontages or in the rear yard area. Development Regulations Analysis March 7, 2001 61 Iowa City, Iowa Appendix E I Garage Standards I Portland, OR Example I A. Purpose. These standards: 1. Together with the window and main entrance standards, ensure that there is a physical and visual connection between the living area of the residence and the street; 2. Ensure that the location and amount of the living area of the residence, as seen from the street, is more prominent than the garage; 3. Prevent garages from obscuring the main entrance from the street and ensure that the main entrance for pedestrians, rather than automobiles, is the prominent entrance; 4. Provide for a more pleasant pedestrian environment by preventing garages and vehicle areas from dominating the views of the neighborhood from the sidewalk; and 5. Enhance public safety by preventing garages from blocking views of the street from inside the residence. B. Existing detached garages. A detached garage that is nonconforming due to its location in a setback, may be rebuilt on its existing foundation if it was originally constructed legally. An addition may be made to these types of garages if the addition complies with the standards of this section, or if the combined size of the existing foundation and any additions is no larger than 12 feet wide by 18 feet deep. The garage walls may be up to 10 feet high. C. Side and rear setbacks. In the R7, R5 and R2.5 zones, detached garages are allowed in the side and/or the rear building setbacks if all of the following are met. 1. The garage entrance is 40 feet from a front lot line, and if on a corner lot, 25 feet from a side street lot line; 2. The garage has dimensions which do not exceed 24 feet by 24 feet; and 3. The garage walls are no more than 10 feet high. D. Length of street-facing garage wall. Development Regulations Analysis March 7, 2001 63 Iowa City, Iowa APPENDIX E I GARAGE STANDARDS 1. Where this standard applies. The standard of this paragraph applies to garages that are accessory to houses, manufactured homes, and duplexes in the R10 through R2.5 zones. Where a proposal is for an alteration or addition to existing development, the standard applies only to the portion being altered or added. Garages that are accessory to attached houses, development on flag lots, or development on lots which slope up or down from the street with an average slope of 20 percent or more are exempt from this standard. In addition, subdivisions and PUDs that received preliminary plan approval between September 9, 1990, and September 9, 1995, are exempt from this standard. 2. Generally. The length of the garage wall facing the street may be up to 50 percent of the length of the street-facing building fa~;ade. See Figure 110-8. On corner lots, only one street-facing garage wall must meet this standard. Figure 110-8 Length of the street-facing Garage Wall I I i D V...' E_-L I k GI GA?,AGE Uiql'F i ~,7'~, I i 5Q% ' I M~jxir:'lum Io:; I!n~ - -, ............... ........ e k~ e,w~ Z k ~':-~ 3. Exception. Where the street-facing fac;ade of the building is less than 24 feet long, the garage wall facing the street may be up to 12 feet long if there is one of the following. See Figure 110-9: 64 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX E I GARAGE STANDARDS Interior living area above the garage. The living area must be set back no more than 4 feet from the street- facing garage wall; or A covered balcony above the garage that is: · At least the same length as the street-facing garage wal l; At least 6 feet deep; and · Accessible from the interior living area of the dwelling unit. Figure 110-9 Length of Street-Facing Garage Wall Exception ]bnc, .~ r!:~l /' ~ Int,2.ria* i " Ih' ~ ~r~'~ FIR .......... ' ' '\ 4~t '1 . ' ' j --~, ,?Jarljc wadl E. Street lot line setbacks. 1. Where this standard applies. The standard of this p~r~raph applies to ~ara~es that are accessory to houses, attached houses, manufactured homes, and duplexes in the RIO through R2.5 zones. Where a proposal is for ~n ~]teration or additio~ to existing development? the standard applies only to the pomon bein~ altered or added. Development on fl~g lots or on lots which slope up or down from the street with an average slope of 20 percent or more are exempt from this Developmen[ Regulations Analysis March 7, 2001 65 Iowa City, Iowa APPENDIX E ~ GARAGE STANDARDS standard. In addition, subdivisions and PUDs that received preliminary plan approval between September 9, 1990, and September 9, 1995, are exempt from this standard. 2. Generally. A garage wall that faces a street may be no closer to the street lot line than the longest street-facing wall of the dwelling unit. See Figure 110-10. Figure 110-10 Street Lot Line Setback I i e,!:-r~l:-- 'F.;-~c:in¢ I I ~_ E ' 3. Exception. A street-facing garage wall may be up to 6 feet in front of the longest street-facing wall of the dwelling unit, if: The street-facing garage wall is 40 percent or less of the length of the building facade; and There is a porch at the main entrance. The garage wall may not be closer to the street lot line than the front of the porch. See Figure 110-11. The porch must meet the following: · The porch must be at least 48 square feet in area and have minimum dimensions of 6 feet by 6 feet; The porch must have a solid roof; and 66 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX E I GARAGE STANDARDS The roof may not be more than 12 feet above the floor of the porch. Figure 110-11 Garage Front Setback Exception i I n.p Yo'¢ ,.:NIT j · M.~i'nJr, · p~rch j url:b I ~ I L .......... ~ .............. Development Regulations Analysis March 7, 2001 67 Iowa City, Iowa Appendix F I Development Approval Process Typical Development APlFoval Prom PROJECT IDEA F,t'a~ Subi .... Pia~ ) Cludes steps that are common :~ Fee Ord,n~e~ l~ ~t~c~a', ranges from ~veml ~hs to Source: Debra Basserr, National Association of Home Builders Appendix G Jlnterviews The consultant team herd a series of individual and small group interview sessions to gain insight into local land development issues and concerns. Representatives from the following groups were included: · City staff (City Attorney's Office; Housing and Inspection Services; Planning and Community Development; Public Works; Engineering) · Planning and Zoning Commission · Residential, commercial and industrial development representatives · Homebuilders · Real estate agents/brokers · Architects · Engineers · Surveyors · Real estate appraisers In all, the team held interview sessions with 25 individuals and supplemented those face-to-face interview sessions with a written questionnaire sent to another 15 persons. This appendix provides a summary of the comments we received during our interview sessions. They do not represent the opinions or recommendations of the consultant team and have not been checked for accuracy. Administration and Enforcement · It is difficult to track zoning conditions and other conditions imposed through overlay zoning. As a result, it is difficult for the city to follow-up on and enforce "ad hod' conditions that are imposed in the development process. · The city should require permits for home occupations. · Single-family and two-family uses are exempt from many standards. It makes it difficult for enforcement staff to know which standards apply. · Industrial performance standards are outdated and unclear. Consider eliminating. If retained, the regulations need to make clear when an existing use needs to comply with standards. Also, responsibility for enforcement of these standards needs to be clarified. Regulations that are not enforceable should be eliminated. Development Regulations Analysis March 7, 2001 71 Iowa City, Iowa APPENDIX G I INTERVIEWS · Clearer applicability statements are needed in every section of the code. Such provisions need to clearly state which development is subject to the referenced standards and which is exempt. · Escrow provisions need to be updated. · Interdepartmental communication/coordination needs to be improved. · A single point of contact is needed in the development process. This appendix provides a Cluster Development summary of the comments we · There is little to no market for cluster development housing. received during our interview sessions. They Commercial do not · There is not enough Neighborhood Commercial zoning. represent the opinions or · The zoning ordinance is not flexible enough when it comes to large recommendatio commercial centers. ns of the consultant team · There are too many commercial zones and the standards are too and have not complex, been checked · Some use regulations within commercial districts don't make sense for accuracy. (e.g., video stores not allowed in "intensive commercial" zone. · Neighborhood commercial zone is not flexible enough. Some standards (e.g., operating hour limitations) pose a real constraint to attracting businesses. · Neighborhood commercial needs to be "neighborhood-oriented." · Existing zoning regulations are too suburban. They don't fit older areas of the community. Comp Plan · Some of the newer area plans are too inflexible (e.g., Northeast District Plan). · The relationship between district plans and the comprehensive plan is not clear to some people. · Neotraditional design is fine, but the city should not require it. Definitions · The concept of "abandonment" needs to be clarified. 72 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX G I INTERVIEWS · "Family," "Rooming House," and "Roomer." These definitions are tied into maximum occupancy limit standards. Need additional clarification. · "Accessory Building/Use" clarify · "Building Height." Users shouldn't have to go to two other definitions to understand how building height is determined. · Need to define "single housekeeping unit" This appendix provides a Dimensional Standards summary of the comments we · Existing front setback standards work to preclude porches. received during our interview · Minimum lot sizes are often excessive sessions. They do not · The ordinance classifies alleys as streets, which causes some problems for setbacks. represent the opinions or · Lot coverage standards in RM-12 and other districts don't work. recommendatio ns of the · Lot width for town houses should be narrower in RS-12 and RM-12 consultant team zones. and have not · Definition of "building height" vs. "structure height." been checked for accu racy. ·Permitted obstructions in yards (Sec, 14-6Q-3): o What's the difference between a "stoop" and a "deck" and why can a deck extend into a side yard and a stoop can only extend 2 feet? o Why can't a bay window extend into the rear or side yard of a reversed corner lot? General · Many vague standards in the current ordinance. · Need clearer standards; improved predictability. · Developers want a level playing field among Iowa City, Coralvi lle and the county. It would be in the city's best interests if the county adopted building codes. · Regulations need to make clear when standards apply to primary or secondary or all arterials. · Use of the phrase "effective date hereof" is confusing. Development Regulations Analysis March 7, 2001 73 Iowa City, Iowa. APPENDIX G I INTERVIEWS · More Illustrations are needed. · Point system used in the city's new infi ll design guidelines is a good idea. · The planning and zoning commission needs to be more sensitive to neighborhood concerns · Some newcomers to the process don't understand the important of the Planning and Zoning Commission informational meeting. Historic Preservation This appendix provides a · Historic district provisions need to address demolition by neglect. summary of the comments we Institutional received during our interview · Need to revise zoning for religious institutions. sessions. They do not represent the Organization and Format opinions or · Nearly everyone stressed the importance of devising a customer- recommendatio friendly format, with many illustrations! ns of the consultant team · Interested in enhancing ease-of-use and have not been checked · More illustrations are needed. for accuracy. · Need a cumulative list of actions that may occur through the Special Exception process? They're now called out throughout the Code but not available in one place. · The ordinance could be better organized. Parking/Access · It could be more clearly stated that if the total number of spaces on a lot is greater than 18, any uncovered parking area needs to include trees. · Parking regulations for single-family and duplex uses am ambiguous because so many of the parking regulations do not apply to single family/duplex. · Parking regulations need to be more specific: (1) Specified sizes for parking spaces (Number of spaces is determined but not how big they are supposed to be.) (2) Number of spaces required for nonconforming uses is not specified. (3) Number of operable vehicles parked on property (outside of a garage). 74 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX G I INTERVIEWS · The ordinance needs parking space dimensional standards, even for single-family dwelling units. · Off-street parking: too much required in some cases; not enough in others. · There is a lot of confusion over parking standards for nonconforming uses. This is because the parking provisions in the ordinance include the phrase "where permitted." · Some would like to see parking standards listed with each zoning district. ·Minimum size of stacking spaces should be included in the parking chapter. This appendix · Should specify the minimum width of the required traffic island (Sec. provides a 14-6N-1B2h). Should specify that the island is to be curbed and summary of the raised. comments we received during our interview Planned Development sessions. They · Planned development regulations: the ordnance offers lots of do not flexibility in the zoning realm, but, at least in practice, there is very represent the little flexibility when it comes to subdivision design standards (i.e. opinions or streets) recommendatio ns of the · Planned development process is too cumbersome and not flexible consultant team enough. and have not been checked · There is too much focus on design/appearance in planned developments. for accuracy. Procedures · Minor modifications section needs to be expanded to include more things that can be handled administratively. · Need an easy route for approval of TN Ds. · Existing requirement for % vote of city council to overturn P&Z decision on annexation (zoning) should be eliminated. · Incomplete and insufficient applications should be sent back to the applicant not the applicant's agent, or at least the applicant should be notified of the problem. Not doing so sometimes results in the applicant being led to believe that staff is "holding things up" · Accessory building setbacks should be handled as minor modifications. Development Regulations Analysis March 7, 2001 75 Iowa City, Iowa. APPENDIX G l INTERVIEWS · Consider using the staff panel approach to decision-making on minor modifications. · Special exceptions for religious institutions - should provide for minor additions without need for special exception. Things that will not increase intensity of use. · Developers must show building elevations at a very early stage in the development process...too early. · State law for subdivision plats is inefficient because it requires that preliminary plats go both to the planning and zoning commission and the city council. · The city currently uses a pre-preliminary (concept plan} process. This process should be formalized. · Investigate opportunity for more administrative decision-making. This appendix · Development approval process takes too long (90-120 days). provides a summary of the · The subdivision ordnance needs to make clearer when an "auditors comments we parcel" procedure can be used. received during · The ordnance needs to include a formal procedure for "lot line our interview sessions. They adjustments" do not · Entire plan is sometimes re-reviewed when a plan is sent back for a represent the particular revision. Staff is checking to ensure that revisions were opinions or made in response to comments and doing an entirely new review recommendatio where they come up with new things for the applicant to address. ns of the consultant team · Ordinance should state that only the property owner or the city and have not council may initiate rezonings. been checked · The existing site plan process is good. Subdivisions should be for accuracy. handled in the same manner. (Case manager) · Need opportunity for early meeting with the development review committee, kind of a preapplication conference. · Development process doesn't take too long. Public notices need to be made clearer. The notification radius needs to be increased. The informal planning and zoning meetings are where the real decision-making and analysis occurs. Local experts know how important the informal meetings are; others may not. Also, people have to attend multiple meetings because of the informal meeting process. 76 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX G I INTERVIEWS · Decisions need to be made in public forum. Doesn't support administrative decision-making. · Neighborhoods receive notices on Friday for the following week's agenda. Too late. · Recent changes to notice requirements have been very good. · The HCDC has very clear decision-making criteria (ranking system for funding). The P&Z and CC have very unclear, highly discretionary system for decision-making on zoning (esp OPDH appl ications). Public Facilities · Regulation of schools and other public/quasi-public institutions. The This appendix city hasn't tried to regulate schools from a use perspective, but they provides a do try to impose some development standards. summary of the comments we · The existing "P" district doesn't have any standards associated with received during it. our interview sessions. They · Public uses need to be subject to the same regulations as private do not development, to the extent possible. represent the opinions or Residential recommendatio n5 of the · Assisted living; over-concentration in some neighborhoods; fair consultant team housing; ADA. and have not been checked · There are no occupancy standards for manufactured housing. for accuracy. · The rooming house formula is very difficult to use and understand. · Garagescapes, narrow lots, too much paving: · Garage setbacks are a problem · Need limit on width of garage opening · Guest houses and accessory apartments: they now allow for the disabled and elderly, but not flexible enough. Ordinance needs to allow garage apartments and guest houses with additional flexibility. · Fence canyons. how to stop? · Need to control location of garbage containers in single-family and duplex. · Home occupation provisions need to be revised/clarified. Development Regulations Analysis March 7, 2001 77 Iowa City, Iowa. APPENDIX G IINTERVIEWS · Guest houses and accessory apartments - carriage houses and "granny flats" · Detached garages don't work in Iowa City, primarily because of climate and market. · Community needs more multi-family zoned land. · Corner lot duplexes should be allowed. · Buyers do not want detached garages, and they also don't want houses that are close together. · All neighborhoods should share in the responsibility for accommodating affordable and low-income housing. · Too much concentration of low income and affordable housing in some neighborhoods. · Home occupations standards need to be relaxed, especially those limiting outside employees. This would help foster economic development in community. This appendix provides a Review and Decision-Making 'Bodies summary of the comments we · More things should be handled in the same way that they use the received during zoning interpretation panel, which is comprised of the city attorney, our interview the housing and inspections services director and planning and sessions. They community development director, Minor modifications should be do not handled this way. represent the opinions or recommendatio Sensitive Areas Ordinance ns of the · The city needs to eliminate or significantly tone down its sensitive consultant team areas ordinance, especially when it comes to slopes and trees. and have not been checked · Standards should be loosened to accommodate infill development. for accuracy. · The environmentally sensitive areas ordinance doesn't go far enough, especially when it comes to floodplains. · City needs to make greater use of conservation easements. · City needs an up-to-date environmental inventory Stormwater Management · The city needs to use a regional approach to storm water management. 78 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX G I INTERVIEWS Streets · Need more street standard options, particularly for environmentally sensitive areas. · Need additional flexibility and variety of street standards. · Easements are a big problem when it comes to setbacks and street and right-of-way standards. · Need to offer incentives for alleys. · Some developers are not particularly interested in narrower streets. ·The al Iowance of private streets may represent a "timebomb" for the community. · Requirements for cul-de-sac links make no sense. · City does traffic claming on streets that are only five to ten years old. The streets should be designed to be calm in the first place. This appendix provides a Use8 summary of the comments we · The ordinance needs to make clear that uses not shown as permitted are prohibited. received during our interview · The city's liquor ordinance needs to be reconciled with the zoning sessions. They ordinance and with state law. The zoning ordinance does not do not distinguish between a bar and a restaurant. represent the opinions or · Too many requirements for special exceptions. More uses should recommendatio be permitted by-right. ns of the consultant team · Special exceptions take too long to be approved, and they nearly and have not always get approved (just a waste of time and money). been checked for accuracy. Zoning Districts Need new interim development zoning districts. The city has interim zones for residential and office, but may need additional nonresidential versions. Development Regulations Analysis March 7, 2001 79 Iowa City, Iowa. Appendix H I Crime Prevention Through Environmental Design (CPTED) By Sue Enger, AICP Design Techniques Reduce Crime Opportunity Fear of Crime Pushes Families from Older Neighborhoods The fear of crime sometimes has an impact on a family's choice of where to live, as well as the quality of their community life. A variety of recent studies have identified crime as a major factor contributing to neighborhood decline, and to homeowners' decisions to sell homes and leave older neighborhoods. A Phoenix, Arizona, study found crime, and the perception of crime, to be the number one barrier to infill development (development of vacant land within largely developed areas). Many middle and upper class families have responded to this perceived threat by choosing to live in gated communities that restrict access to authorized individuals only. These gated communities are often located at some distance from urban areas. Fences, locks, alarm systems and guarded entrances around homes and communities are typical responses to the perception of prevalent crime. Although families may feel safe inside their "secure enclaves,' they also give up enjoyment of public places and other areas outside of these developments to feel secure. Fear of crime may discourage people from taking a night course, going jogging alone, or allowing children to play in a park. Residents of low-income communities, who cannot afford such expensive fortifications, are left vulnerable. Crime Prevention Design Offers Low Cost Alternative Some communities have achieved impressive results through neighborhood and architectural design techniques that reduce the opportunity for crime and the need for expensive fortification measures. Effective safety design guidelines have been developed for use in Canadian cities, such as Toronto, through the Crime Prevention Through Environmental Design approach promoted by Timothy D. Crowe and through techniques pioneered by Oscar Newman. Most of the crime prevention guidelines focus on several basic principles to reduce crime opportunity. They have a common emphasis on improving an individual's clear vision of surrounding areas. For instance, increased pedestrian-level lighting, pedestrian routes that avoid blind corners and provide escape route choices, use of low fences or see-through landscaping, and use of building entrances visible from public streets or places will reduce potential hiding places for criminals. These guidelines also typically Development Regulations Analysis March 7, 2001 81 Iowa City, Iowa APPENDIX h I CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) encourage visibility of activity areas from surrounding residences and uses. For example, maintaining well-lit activity areas, having first or second story windows that are not entirely covered by signs, designing front porches that overlook paths, parking areas, and public areas, and providing a variety of land uses with 24-hour activity can make it more difficult to commit a crime without detection. Mixed use development provides a higher level of activity around the clock that, in turn, provides more "eyes" to keep watch and to discourage potential crimes. However, mixed use alone may not assure lower crime. In some cases, commercial uses in separate buildings in residential areas with abundant street-side parking, may serve to bring more outsiders into a neighborhood and increase the opportunity for crime. Mixed use can be designed to minimize opportunities for unobserved crime. When commercial establishments primarily serve local residents, the number of nonresidents entering the neighborhood is reduced. Residents will then be better able to monitor unusual behavior. Commercial and residential uses can be integrated and arranged in a manner that facilitates informal surveillance by neighbors. Community appearance and upkeep can also signal that neighborhood residents and businesses are watching and are taking care of their neighborhood. For instance, prompt repairs, litter pick up, and graffiti removal are signs of an involved community. In fact, citizens responding to a city of Phoenix survey ranked graffiti as the number one factor in creating the perception that an area had a crime problem. Pasco, Washington, has a particularly effective graffiti abatement program. Pasco has enlisted juvenile offenders in community service work to remove graffiti within 48 hours. Design techniques also can be used to clearly delineate the transition between public and private areas, making it more readily apparent when someone enters an area where they don't belong. For instance, low walls, hedges, identification signs, or a change in pavement type can be used to signal the transition without an unpleasant, fortified appearance. To stimulate a sense of ownership, the grounds in some public housing projects have been assigned to individual units rather than leaving them in ambiguous common areas. In turn, this has resulted in better maintenance and monitoring of those areas. Several studies suggest that ease of access to outsiders is among the strongest predictors of burglaries. Measures that restrict the ease of physical access into buildings or the neighborhood, making it more difficult to enter unobserved, have been successful in reducing crime. Street designs that discourage high speeds and through traffic in neighborhoods can reduce the opportunity for a fast getaway or make unfamiliar cars more noticeable. Use of cul-de-sacs has been associated with significantly lower crime rates. However, use of traffic calming devices (such as narrow streets, on-street parking, street narrowing at intersections, or traffic circles) may achieve 82 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX H I CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN similar results while allowing more convenient vehicular and pedestrian circulation for residents. Sarasota Success Story A pilot Crime Prevention Through Environmental Design (CPTED) program apparently turned around a Sarasota, Florida, neighborhood in which 68 percent of the businesses had been victims of crime. According to a Sarasota official involved in setting up the program, crime dropped 40 percent between 1996 and 1990 when the program was initiated. Citywide crime rates dropped only 9 percent during the same period. Building permits, rental rates, and property values also jumped during that time. Sarasota's program combined high visibility police patrols with changes to land use codes and development review. A CPTED review, conducted by a law enforcement officer and a trained planner or building inspector is required for development plans, conditional rezoning, and special exceptions. The review focuses on aspects of the building and site design that might facilitate access or the opportunity for crime. The ordinance requires that the applicant address concerns raised by the review team, but gives the applicant the opportunity to propose alternative solutions for meeting those concerns. The city commissioners then decide whether the applicant's responses adequately address the review team's concerns. The zoning ordinance also contains mandatory requirements covering lighting, landscaping, maintenance, and other standards. For example, parking lot landscaping must either be of low height (a maximum of 2.5 feet) or use trees with canopies having a minimum clearance of 5 feet, to eliminate hiding places. Solid barriers may be used for buffering with a maximum height of 2.5 feet. All other buffering/fencing treatments cannot exceed 60 percent opacity unless buffering residential property. All exterior lighting must be maintained in an operative state. Parking, service, and pedestrian areas must be well-lighted. The ordinance includes incentives for balconies and front yard use to increase the "watchful eyes" effect. Unenclosed balconies can extend into a setback area and are not counted toward total floor area allowances. Greater heights are allowed for theaters and third floor residential and hotel/motel uses in business districts, which increase the around-the-clock activity and discourage after hours crimes. Nonconforming use provisions were revised to eliminate requirements that discourage improvements exceeding 10 percent of the assessed valuation. All Sarasota public projects, whether or not in the pilot area, incorporate CPTED principles, and businesses receiving city redevelopment funds are subject to CPTED review. Sarasota's experience demonstrates that crime prevention design techniques can achieve results at minimal program costs. Most of these measures can be incorporated into project design at little or no additional cost to the local jurisdiction or the project proponent. Crime prevention design may not be Development Regulations Analysis March 7, 2001 83 Iowa City, Iowa. APPENDIX h I CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) able to do the job alone. Other programs, such as community policing and block watch programs that emphasize working with community residents for crime prevention, seem to be putting a dent in crime rates in cities like Seattle. Crime prevention design, in combination with other innovative programs, can offer considerable "bang for the buck" in the war against crime. 84 March 7, 2001 Development Regulations Analysis Iowa City, Iowa Appendix II Telecommunications Devices Duncan Associates Satellite Dishes in Residential Zones Zoning Ordinance section 14-6M-1 ,B.3 deals with satellite dishes in residential zones. This provision complies with the Telecommunications Act of 1996. In fact, the provision actually treats satellite dishes somewhat more liberally than the Act requires, and the city may wish to consider revisions addressing the following: Under the 1996 Act, the city is not required to allow satellite dishes larger than 1 meter in residential areas at all. The current provision restricting those dishes essentially to the backyard, may be a reasonable compromise. However, the city could consider additional screening requirements or height limits or even the prohibition on installation of new dishes larger than 1 meter. Current technology allows reception of direct satellite signals on a dish of approximately 19 inches in diameter; thus, larger dishes are no longer necessary for signal reception. Although the 1996 Act effectively required that the city allow installation of dishes of 1 meter or smaller in front yards or on rooftops, it does not require that the city call attention to those possible locations in the ordinance. In addition, there is a public safety provision in the Act and the implementing regulations. An alternative provision, addressing both of these concerns, might be worded as follows: Satellite receiving devices one meter (1 m) or smaller in diameter on private property in residential zones, provided that no such device may be located in the clear-sight triangle (cross- reference) or in a location that blocks any required means of ingress or egress. The city must also allow l-meter (diameter) or smaller satellite dishes in historic districts but may subject them to additional restrictions in such areas. The status of satellite dishes in the OHP should be made clear. Satellite Dishes in Nonresidential Zones Zoning Ordinance section 14-6M-1 .D.2.e deals with satellite dishes as accessory uses to "commercial and manufacturing" uses. Development Regulations Analysis March 7, 2001 85 Iowa City, Iowa APPENDIX I ] TELECOMMUNICATIONS DEVICES Satellite receiving devices up to 2 meters in size must be allowed in commercial and industrial zones, but they may be made subject to screening, setback and other reasonable requirements. Offices, hotels, bars and convention centers are among the common users of these larger dishes, which are commonly used for transmitting as well as receiving signals and for receiving multiple, complex signals. This provision should be broadened to apply to most or all nonresidential uses in nonresidential zones. Because satellite receiving devices should always be accessory uses, this issue should be addressed in 14-6M.1 .D.2, or its successor, with appropriate conditions. Amateur Radio Antennas Although this may be a waning hobby in the day of cell phones and the Internet, Federal law still protects amateur radio antennas. Allowing for tall television towers and ham antennas may be within the intent of 14-6M-1 .B.3.a., but that is not entirely clear. This provision could be strengthened by establishing specific height and setback standards for accessory, noncommercial communications towers in residential zones. Telecommunications Towers and Antennas The key provisions of the Telecommunications Act of 1996 related to telecommun ications towers provide that local regulation of telecommunications towers for wireless services: Shall not discriminate among competing providers; n Shall "not prohibit or have the effect of prohibiting" the provision of wireless services; A decision on a "duly filed" (complete) application shall be made within a "reasonable time;" n The decision shall be "in writing;" n The decision shall be supported by "substantial evidence" in the record; [] The decision may not be based on the perceived environmental effects of radiation, an issue that has been addressed and preempted by the Federal Communications Commission. Iowa city currently allows "communications towers" as: ca Accessory uses in the ID zone, "provided their distance from an R zone is at least equal to the height of the tower;" 86 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX I I TELECOMMUNICATIONS DEVICES Accessory uses in the RR-1, RS-5, RS-8, and RFBH zones, "provided they shall not be located in the area bet~veen the street and the principal building, within the required side yard or on the roof of any building"' Special exceptions in the ORP and RDP zones, "provided towers shall be located at least as far away from lot lines as their height above grade;" r~ Accessory uses in the C zones, provided that "a communication tower's distance from an R zone shall be at least equal to the height of the tower." Provisional uses in the I zones, "provided a tower's distance from an R zone shall be at least equal to the height of the tower." The final test of local regulation of telecommunications towers is essentially performance-based: if there are adequate tower locations available for multiple providers and clear service throughout the area, the intent of the Telecommun ications Act has been met. Without an engineering study of the existing and potential service in and around Iowa City, it is impossible to evaluate Iowa City's regulations under that criterion. There are, however, a number of ways in which the regulations could be improved, increasing both protection of the public interest and defensibility of the regulations. Improved regulations should take into account several additional facts and principles: Most wireless towers are free-standing uses, not accessory uses; Wireless towers can be shared by multiple providers; [] Wireless antennas are distinct from wireless towers and have been installed on top of water towers, in church steeples and in other existing locations; A local discretionary review process that is ultimately subject to review by federal courts should include clear standards for review; [] Standards should be backed by facts, analysis or provisions of the comprehensive plan; Local governments have had difficulty in sustaining requirements that a tower be set back from the property line by the height of the tower in cases in which the tower applicant has provided evidence to show that a particular tower is designed to collapse downwards and not to fall over. Development Regulations Anal~,sis March 7, 2001 87 Iowa City, Iowa. APPENDIX I I TELECOMMUNICATIONS DEVICES Based on those facts and considerations and on our understanding of the Telecommunications Act of 1996, the implementing regulations and litigation under it, we recommend the following revisions to the telecommunications tower provisions of the Iowa City ordinance: 1. Distinguish among three types of towers: a. Accessory use, business communications towers, used by construction companies, utility companies and others. These towers are always accessory uses and always located in industrial zones. The city can regulate them relatively freely; b. Broadcast towers for radio and television stations. Engineering for these towers is complex and the range of potential sites is often relatively narrow because of potential conflicts with the signals of other stations in other communities. The towers may be quite tall and an AM broadcast station may require an array of towers; thus, the towers can be fairly intrusive. On the other hand, most communities want to maximize the availability of broadcast services. For that reason, it is often desirable to make broadcast towers "provisional uses" in industrial and some commercial zones, leaving standards reasonably open- ended; c. Wireless service towers, directly protected by the 1996 Act, subject to the other recommendations that fol low. 2. Add wireless service towers as provisional uses in some additional zones to create the possibility of installing such towers in each quadrant of the city without rezoning. At a minimum, such towers are certainly appropriate in highway oriented commercial zones and on larger parcels in community commercial zones. The most serious issue, however, is the availability of sites and potential coverage of the community. 3. Add a height limit for wireless service towers in each zone; the height limit must take into consideration the ability of service providers to cover the community, as well as the city's aesthetic and safety concerns. Experience with the approval of existing towers should provide the city with some guidance as to the industry's height needs. 4. Add standards for the provisional use review of proposed towers, to include: a. The current setback by height of tower from each property line, subject to a provision that the setback may be reduced where the applicant provides convincing evidence that the tower design makes such a setback unnecessary for safety reasons; 88 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX I ~ TELECOMMUNICATIONS DEVICES b. Requirements for appropriate buffering or screening from public ways and adjacent commercial uses; c. Requirements that the tower be constructed to allow the installation of antennas from up to five separate providers and that space on the tower actually be made available at reasonable market rental rates to other providers; d. Possible requirements for "stealth towers" in certain zones; e. Consider performance-based height standards to relate a tower to its context in more urban settings 5. Keep the currant setback from residential properties by the height of the tower, but add findings to the ordinance or, preferably, to the comprehensive plan, to support that setback requirement. 6. Add wireless service antennas as a separate use, permitted as an accessory use, subject to express conditions, in several industrial and commercial zones. Conditions might include: a. Installation would be permitted on existing towers; b. Installation would be permitted within structural elements of a building, such as a church steeple; c. Installation would be permitted on rooftops, subject to the maximum height-limit for buildings in the zone and subject to a separate height limit to prevent the tower from extending more than a specified distance above the top of the building. d. Wireless service antennas might be made a provisional use, rather than an accessory use, in some commercial zones, providing for review against specific standards. Development Regulations Analysis March 7, 2001 89 Iowa City, Iowa. Appendix J I Sexually Oriented Businesses Duncan Associates Current Regulatory Approach in Iowa City Iowa City currently lumps all "adult uses" under this broad definition: Any amusement or entertainment establishment, bookstore, massage establishment, motion picture theater, video rental or sales establishment, or similar use, in which twenty-five percent (25%) or more of its floor area is customarily not open to the public generally but only to one or more classes of the public excluding any minor by reason of age under chapter 728, Obscenity, Code of Iowa, as amended. The city then allows all such uses by special exception in the CI (Intensive Commercial) zone and appears not to allow any of them in any other location. The code also includes a 500-foot separation requirement from "schools, parks, or child daycare centers, residential zones or any other place where numbers of minors regularly travel or congregate or within 500 feet of any other adult business." Land Use Considerations In our work in other communities, we have identified a number of distinct land uses within the broad category used in Iowa City. The broad categories of those include, in ascending order of relative land use impacts: Video rental stores and newsstands with controlled access back rooms containing sexually oriented material (as suggested by the definition now used by the city); Video stores, bookstores and newsstands that specialize in hard- core material; Sex shops, which mix sex toys and novelties, lingerie, gifts and, usually, some sexually oriented media; r~ Establishments offering on-premises entertainment, which might further be broken down among those with video viewing booths or arcades, movie theaters and establishments with live entertainment; Establishments offering one-on-one encounters between entertainers and patrons or various forms of physical contact, including massage studios, "encounter" studios, body painting studios and nude photography studios. Development Regulations Analysis March 7, 2001 91 Iowa City, Iowa APPENDIX J I SEXUALLY ORIENTED BUSINESSES The encounter and touching businesses have no First Amendment protection and can be banned or significantly restricted in most states. Although the Supreme Court has upheld laws banning nude dancing, it has made it clear that sexually oriented motion picture theaters are protected by the Constitution. Video viewing booths, sometimes called "arcades" or "peep shows" have been banned in a number of jurisdictions and create a number of undesirable impacts. Thus, although all of these fall in one category of establishments with on-premises entertainment, only the sexually oriented motion picture theater must be allowed. Sex shops are not widely defined, but recent studies in other communities indicate that they are far more objectionable to neighborhoods than video stores and newsstands with back rooms. There clearly is a market for sex shops, and some are oriented primarily toward women, but they need to be restricted from neighborhood commercial areas. The current Iowa City ordinance relies on state law to require operators to control access to a back room. Under the state law, however, it is only unlawful to "exhibit" certain material to minors, which is further explained to include allowing minors to "observe" such material. The law may ultimately be found unconstitutional, because it arguably requires the major chain bookstores to remove all of their art books containing nudes and all of their marriage manuals to a back room where no minor can possibly view them. On the other hand, the law is sufficiently vague that simply placing the offending material in a plain wrapper may meet the prohibition on observation and exhibition. For that reason, the city may decide to make explicit provision for the placement of large quantities of sexually oriented material in an access-controlled back room. The 25 percent break-point used by the city is conservative. We have observed establishments with much larger back rooms that have no apparent adverse effect on neighborhoods and that raise no concerns among neighbors; a forthcoming Planning Advisory Service Report (American Planning Association) will suggest that the break-point should be in the range of 30 to 50 percent. Recommended Land-use Classifications The revised Iowa City ordinance should include these or similar classifications of businesses that include sexually oriented materials: 1. Book store or other media outlet, making it clear that the inclusion of up to ten percent of arguably sexually oriented material will not affect the zoning classification; 92 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX J I SEXUALLY ORIENTED BUSINESSES 2. Book store, video store or other media outlet with a back room, which should be a provisional use allowing the use in the same locations as other book stores, video stores or media outlets, subject to the condition that the store meet specific requirements for access control to the sexually oriented material; 3. Sex shops; 4. Sexually oriented motion picture theaters; 5. Cabaret or other establishment with live entertainment. Problem Uses The city should consider banning or severely restricting the following: Massage studios, except those operated under direct medical supervision or by professionals licensed by the state to engage in massage therapy and/or body work; Video arcades or peep shows; Live entertainment in a booth of any type; Lingerie modeling; Encounter studios. Zoning in General The city must allow sexually oriented motion picture theaters by right or subject only to clear standards in some locations. See City of Renton v. Playtime Theatres, Inc, 475 U.S. 41,106 S. Ct. 925, 89 L. Ed. 2d 29 (1986). The current broad criteria in the special exception section (14-6W-2) of the code (" will not be detrimental to or endanger the public health, safe~ or general welfare," "will not be injurious to the use and enjoyment of other property," and "will not impede the normal and orderly development and improvement of the surrounding proper~") will not withstand Constitutional scrutiny as applied to uses protected by the First Amendment. The case law that has evolved offers similar protection to sexually oriented book and video stores. There is a case to be made--for some community that wants to test a law all the way to the U.S. Supreme Court--that a community that freely allows news stands, book stores and video stores to have back rooms with hard-core material need not allow any specialized XXX book or video stores. The simpler approach at this point, however, is for the city to assume Development Regulations Analysis March 7, 2001 93 Iowa City, Iowa. APPENDIX J I SEXUALLY ORIENTED BUSINESSES that it must also allow sexually oriented book and video stores in some locations without a discretionary review. Sex shops should be allowed because there is a market for them-- but they can be restricted to intensive commercial zones. As a practical matter, the general preference of the industry is to locate in highway-oriented commercial zones or other high-traffic, strip commercial locations, away from adjoining residential uses. Many communities allow such uses in industrial zones to create more sites away from residential uses; the industry will accept such sites where they have reasonable access. Zoning Uses by Review To the extent that the city continues to subject such uses to review in some zoning districts, that review process must have a limited duration and clear standards. See FW/PBS, Inc. v. City of Dallas, 837 F.2d 1298 (Sth Cir. 1988), modified, 493 U.S. 215, 110 S. Ct. 596, 107 L. Ed. 2d 603 (1990); and Baby Tam & Co., Inc., v. City of Las Vegas, 199 F.3d 1111 (9th Circ. 2000); and 11126 Baltimore Blvd. v. Prince George's County, 684 F.2d 884 (D. Md. 1988). Essentially the ordinance must commit approval authority to make a decision-- not just to hold a hearing--within a specified number of days of receipt of a complete application; internal reviews, such as zoning compliance or health department inspections, cannot be used to delay the process. Clear standards include separation requirements like those included in the city's current ordinance. Separation Standards Them is documentation from two or three different studies that will support the 500-foot separation requirement now used by the city. The separation requirement is defensible, however, only if, after applying it, them are still a reasonable number of sites in the city. Except in Florida, courts have not established any express standards as to how many sites or what percentage of the land area ought to be available, but there should be some. See, generally, City of Renton v. Playtime Theaters, Inc., 475 U.S. 41,106 S. Ct. 925, 89 L. Ed. 2d 29 (1986); and Topanga Press v. City of Los Angeles, 989 F.2d 1524 (9th Circ. 1993), as amended, celt. den. 511 U.S. 1030, 128 L. Ed. 2d 190, 114 S. Ct. 1537 (1994). We have recommended elsewhere that, if a local government can identify enough sites that are actually available for sale or rent that it would increase the number of such businesses by 20 or 25 percent, the current limitations are defensible. The courts have actually not required that the city show that sites can be purchased or leased today--but if the sites are more theoretical (for example, including undeveloped land or existing buildings with long-term occupants) then there must be more of 94 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX J ] SEXUALLY ORIENTED BUSINESSES them. Defense of the ordinance may be simpler with a handful of actually available sites. See, for example, North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (7th Cir. 1996). For these reasons, the city must do an internal study to determine the availability of sites after applying the current separation requirement. If the effect of the current separation requirement is to eliminate most or all potential sites, the city should either reduce the 500-foot requirement from some uses or eliminate one or more uses from the list of protected uses. In addition, the catch-all provision regarding "places where minors generally congregate or travel" will not withstand Constitutional scrutiny and is likely to place the entire ordinance at risk. There is a practical consideration to that, also-- intense commercial areas, such as those surrounding shopping malls, are often good locations for these businesses, separated from residences--but minors often congregate in malls. The city should also adjust the measurement standard to deal with multi-tenant properties--in general, measurements in such situations should be from the leasehold premises, not from the entire property (again, using a shopping center as an example). Additional Comments The city would encounter significant difficulty in defending the current adult business provisions in a case in which it denied approval to an aggressive applicant represented by counsel familiar with the law in this field. It should consider updating its sexually oriented business regulations in the relatively near future. This is an expanding industry and the city could see new applications at almost any time; one Midwestern city that had no retail businesses falling in this category for many years saw two "sex shops" open in 1999. The task is not simply one of amending the ordinance, however. Ideally, the city should have some sort of local study of existing sexually oriented businesses to establish a basis for regulation. It should also--or at least--review studies from other communities likely to face similar issues. From that, the city should develop a set of findings to support whatever ordinance amendments it chooses to make. Finally, there must be some in-house testing of draft regulations to ensure that, as applied, they will allow a reasonable number of sites for sexually oriented businesses. Development Regulations Analysis March 7, 2001 95 Iowa City, Iowa. Appendix K I Group Housing Duncan Associates Most communities attempt to limit the use of single-family homes as boarding houses by using a limiting definition of family and allowing only a single family to occupy a dwelling unit in specified zones. Iowa City has followed this pattern, at least in part, by adopting a limiting definition of family: FAMILY: One person or two (2) or more persons related by blood, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single housekeeping organization. A family may also be two (2), but not more than two (2), persons not related by blood, marriage or adoption. Presumably the city intends to limit occupancy of a dwelling unit to a "family" meeting that definition, subject to special provisions in the current ordinance protecting certain group homes (discussed below) and special provisions allowing specified numbers of boarders in certain zones. However, we find no provision in the zoning ordinance expressly restricting occupancy of a dwelling unit to a "family." Nevertheless, the following discussion is based on the assumption that the city intends to limit dwelling units to occupancy by families and other specified groups. Both federal and state laws provide some protection for certain group living arrangements. Iowa law specifically protects designated "eider homes" (Iowa Code §231A.2), "family homes" (Iowa Code §414.22, for those with "developmental disabilities" or "brain injury"). Family homes, providing care for up to 8 individuals in the qualifying classes, must be treated as single- family homes under zoning. Similarly, eider family homes, which appear to have no occupancy limit under the adopted statute but may have effective limits under the related licensing law, must also be treated as single-family homes. There are two federal laws of concern in this area: the Fair Housing Act and the Americans with Disabilities Act. Possible limits under those acts, however, must be viewed in the context of the Supreme Court's broad support for zoning, including its decision in, Village of Belle Terre v. Boraas, 416 U.S. 1, 9, 39 L. Ed. 2d 797, 94 S. Ct. 1536 (1974). In that case, the Supreme Court considered the zoning regulations of a small Long Island village located near the Stoney Brook campus of the State University of New York. Residents of the community, which contained many large, older homes, were concerned about the actual and possible conversion of those homes to student fraternity, sorority and boarding houses. Responding to that concern, the village adopted an ordinance defining family as any number of persons related by blood or marriage or not more than two persons unrelated by blood or marriage, and then Development Regulations Analysis March 7, 2001 97 Iowa City, Iowa APPENDIX K I GROUP HOUSING permitting only families to reside in units in the single-family zone. The Supreme Court upheld the ordinance, using this now-famous language: The regimes of boarding houses, fraternity houses, and the like present urban problems. Morn people occupy a given space; more cars rather continuously pass by; more cars are parked; noise travels with crowds. A quiet place where yards are wide, people few, and motor vehicles restricted are legitimate guidelines in a land-use project addressed to family needs. This goal is a permissible one within Betman v. Parker, supra. The police power is not confined to elimination of filth, stench, and unhealthy places. It is ample to lay out zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for people. 416 U.S. at 14. In Linn County v. City of Hiawatha, 311 N.W.2d 95 (iowa 1981 ), the Iowa Supreme Court upheld the imposition of a limiting definition of "family" to keep a group home for children with disabilities out of a single-family zone. Although both §414.22 of the Iowa Code and the Americans with Disabilities Act would now probably be held to invalidate the application of the Hiawatha zoning to this fact situation, the case remains good law in Iowa, indicating continued support by the state courts for narrow definitions of "family" and family limitations in single-family zones. The Americans with Disabilities Act prohibits discrimination against people because of their disabilities. Its application to zoning situations is somewhat limited, although one of those applications is clearly to protect group living situations for individuals with disabilities. At this time, the general construction of "disabilities" under the Act appears to be consistent with the scope of Iowa Code §414.22; in other words, if a community complies with state law by allowing group living situations for individuals with disabilities to be treated as single-family units, it should effectively be in conformance with the ADA. The 1988 amendments to the Fair Housing Act prohibited discrimination in housing based on "familial status" (42 U.S.C. §3604(a)), defining "family" as follows: One or more individuals (who have not attained the age of 18 years) being domiciled with- (1) a parent or other person having legal custody of such individual or individuals; or 98 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX K I GROUP HOUSING (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person. 42 U.S.C. §3602(k). An exemption for senior housing allows "adults only" housing if all the residents are at least sixty-two years old or if every unit houses a person at least fifty-five years old. 42 U.S.C. § 3607 Note that the language protects only families, a legislative philosophy that is entirely consistent with the Supreme Court's decision in Village of Belle Terre v. Boraas. Thus, a number of communities have imposed limits on occupancy by persons not related by blood or marriage. The Supreme Court rejected an attempt to strike down such provisions as applied to group homes in City of Edmonds v. Oxford House, Inc.' 514 U.S. 725; 115 S. Ct. 1776;; 131 L. Ed. 2d 801 (1995). In Edmonds, the issue was whether the city's zoning provision defining "family" as "persons related by genetics, adoption or marriage, or a group of five or fewer [unrelated] persons" came within the exception from the FHA's scope of "any reasonable local, State, or Federal restrictions regarding the number of occupants permitted to occupy a dwelling" (42 U.S.C. § 3607(b)(1)). The Court held that the exception removed from the FHA's scope only total occupancy limits, or ceilings on the numbers of occupants, in order to prevent overcrowding and did not remove prescriptions of the family-defining kind. In an interesting case, the federal court in Kansas has construed the custodial relationship of the state to children adjudicated as in need of supervision as creating a "familial" relationship under the FHA. Keys Youth Services v. City of Olathe, 52 F.Supp.2d 1284 (D.C. Kan. 1999), further proceedings at 67 F.Supp.2d 1228 (D.C.Kan. 1999) and 75 F.Supp.2d 1235 (D.C.Kan. 1999). The cases cited here simply highlight major principles and issues in the law governing the regulation of group homes; these citations are not intended to provide a comprehensive examination of the law in the field. Current Iowa City Approach As noted above, Iowa City's definition of "family" limits it to persons related by blood or marriage or "not more than two persons' not related by blood or marriage. If there is a provision in the current ordinance actually limiting occupancy of a single-family house to a single family, it is not obvious, although that is apparently the intent. Development Regulations Analysis March 7, 2001 99 Iowa City, Iowa. APPENDIX K I GROUP HOUSING In addition to single-family homes, the city currently allows "family care facilities," "eider family homes," and "eider group homes" as provisional uses in the following single-family zoning districts: RR-1, RS-5, RS-8, RS-12 and RNC-12, as well as in the RM-12, RM-20, RNC-20, RM-44 and PRM. Like the state law on family care facilities, the Iowa City provision for family care facilities expressly excludes "an individual foster care family home." 1 O0 March 7, 2001 Development Regulations Analysis Iowa City, Iowa Appendix L J Sign Regulations Duncan Associates 5igns can contribute to visual clutter in a community and can distract drivers, creating potentia~ hazards to public safety. On the other hand, signs communicate messages and are thus protected by the First Amendment. Because regulations of advertising signs potentially burden First Amendment rights, the courts will generally apply a "strict scrutiny" test to sign ordinances, effectively shifting the burden of proof to a local government to show why a particular restriction on communication is iustified. Strengths One of the great strengths of the existing ordinance is the provision in §14-60-5 relating permitted sign height to the setback from the right-of-way. Few local sign ordinances recognize this important relationship, but the Iowa City ordinance makes this a central feature of its dimensional regulations. The special limitations on signs adjacent to residential zones under § 14-6-7.C. recognize the importance of context in sign regulations. The differentiation of illumination standards for signs in residential areas under §14-60-7.D is similarly significant. The maximum sign area of wall signs in commercial zones is set out as a percentage of wall area, again recognizing the importance of context to the impact of a sign. The maximum sign area of window signs is limited to a percentage of the window area, a provision that serves both public safety and aesthetic purposes. Similarly, the permitted areas of freestanding signs are related to lot frontage, with absolute maximums; the provision allowing much larger signs along high-speed Interstate highways is entirely appropriate. Both the sign permit requirements (§14-6)(8) and the licensing provision for sign installers (§14-60-9) are well-conceived and well- d rafted. Master Sign Plan Some communities require a master (unified) sign plan for multi- tenant properties or for all nonresidential properties. Typically a master sign plan sets out specifications for size, location, materials and colors of signs within a project, achieving internal consistency among signs and, in most cases, general consistency with other design elements. Such an approach represents a reasonable Development Regulations Analysis March 7, 2001 101 Iowa City, Iowa APPENDIX L I SIGN REGULATIONS compromise between public design review of signs--a process that raises serious Constitutional issues and is somewhat risky for a local government to undertake--and a complete lack of control over sign design. The typical master sign plan deals with a level of detail that goes one step beyond the content of the sign regulations in Iowa City and most other communities. In updating its sign regulations, Iowa City should consider establishing a requirement for a master sign plan, at least for multi-tenant properties. Treatment of Political Signs The Supreme Court has held squarely that political signs have a preferred status under the First Amendment and must generally be treated at least as well as commercial signs. See Ladue v. Gilleo, 512 U.S. 43, 114 S. Ct. 2038, 129 L. Ed. 2d 36 (1994), in which the Supreme Court ruled against an up-scale St. Louis suburb and for Mrs. Gilleo, whose "Peace in the Gulf" sign had offended local sensibilities-and an ordinance that would have allowed a "for sale" sign of the same size and design in that location. Residential zones in Iowa City currently permit the following signs, among others: , Sign Type [ Maximum Size ! Duration of Display [ (square feet) ! Re~l'E~t~t~ ......... I; .....8' (4 per sign' :Fa~i .......1i ...............Lj'~l'i'~'iied"' I C0rqStr'u~ti~n ' 64 (3~> ~FSig~f~C~) .... removed ai issuance I of C.O. [ Political (temporary)IF' ..........1,F' .......60 days Clearly the current ordinance treats real estate signs more favorably than political signs by allowing them to remain in place for a much longer period of time and it treats construction signs far better than political signs by allowing them to be more than 5 times as large and to remain for an undefined period of time. These regulations would not withstand Constitutional scrutiny under LaDue, the precedents and authority on which it relied, and its progeny. Other Content-based Distinctions In the past year, federal courts in Ohio and Kansas have struck down local sign ordinances containing content-based regulations. See North Olmsted Chamber of Commerce v. City of North Olmsted, 86 F.Supp.2d 755, 768-69 (N.D. Ohio 2000) and Outdoor Systems, Inc., v. City of Merriam, 67 F.Supp.2d 1258 (D.C. Kan. 1999). This memo discusses the implications of those cases and a few related decisions. Although narrowly read, the Kansas case applies only in Kansas and the Ohio case only in the Northern District of Ohio at this time, the fact that two federal courts reached very similar 102 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX L J SIGN REGULATIONS conclusions in unrelated jurisdictions should indicate to affected local governments-and others-that these decisions are not outl iers but logical extensions of the Supreme Court's 1981 decision in Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 494-95, 101 S. Ct. 2882, 69 L. Ed. 2d 800 (1981). There is clear and long-standing authority for the regulation of advertising signs. Where the regulation focuses on the number of signs, the height and size of signs, sign lighting, and even such aesthetic factors as color and style, local sign regulations are easily defensible and are generally found to have the same presumption of validity as other local ordinances. Where, however, the regulations focus on the content of the sign, those regulations raise issues under the First Amendment. Sign regulations that raise content-based, First Amendment issues are subject to a higher level of scrutiny in the courts and may be struck down as unconstitutional. The Supreme Court first made this principle very clear in Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 494-95, 101 S. Ct. 2882, 69 L. Ed. 2d 800 (1981 ), and the court reemphasized that position in Ladue v. Gilleo, 512 U.S. 43, 114 S. Ct. 2038, 129 L. Ed. 2d 36 (1994), in which the Court ruled against an up-scale St. Louis suburb and for Mrs. Gilleo, whose "Peace in the Gulf" sign had offended local sensibilities-and an ordinance that would have allowed a "for sale" sign of the same size and design in that location. Although the law of the matter has been clear for years, local governments have widely ignored the legal principles involved and have continued to differentiate among signs based on content. The court in the North Olmsted case found the standards in that city's sign ordinance to be Constitutionally defective, in part because they were vague and in part because they relied on the many content-based distinctions in the ordinance. The criteria in the ordinance were: 1. The design, size, shape, color, illumination, location and orientation of the sign in relation to the site and topography, other structures on the site, adjacent and neighboring land uses, sites and buildings; 2. The visual impact and influence of the proposed sign in relation to and in conjunction with signs currently existing or those reasonably expected to be erected in the vicinity of the proposed sign location; and 3. The maximum requirements and other regulations of this Zoning Code governing the use, location, size and character of signs. Development Regulations Analysis March 7, 2001 103 Iowa City, Iowa. APPENDIX L I SIGN REGULATIONS 86 F.Supp.2d at 776-77, citing Ord." 1163.16(d) of North Olmsted. The court said: The city's permit system is not content neutral. The sign ordinance requires the building official to consider the design, color, orientation, visual impact and influence, as well as the "regulations of this Zoning Code governing the use, location, size and character of signs" in deciding whether or not to issue a permit. As discussed above, the sign ordinance governing the use, location, size, and character of signs is riddied with impermissible content- based distinctions. In deciding whether to issue a permit for any sign over six square feet in area, the building official must consider these content-based distinctions as well as those contained in" 1163.16(d). Thus, the permit scheme is an illegal system of prior restraint. [citation omitted]. 86 F.Supp.2d at 777. The court went on to cite many content-based restrictions and exemptions as creating Constitutional ly unacceptable distinctions within the ordinance. Similarly, the federal court in Kansas examined in some depth content-based distinctions among other commercial signs. Outdoor Systems, Inc., v. City of Merriam, 67 F.Supp.2d 1258 (D.C. Kan. 1999). The court cited these reasons: The [Merriam] ordinance does not specifically prohibit offsite signs but it states that only certain categories of signs (which do not include offsite outdoor advertising signs) are permitted. Sections 6-201 through 6-203 allow the following signs in all business, industrial and residential districts: BULLETIN BOARD SIGN: A sign that indicates the name of an institution or organization on whose premises it is located and which contains the name of the institution or organization, the name or names of persons connected with it and announcement of persons, events or activities occurring at the institution. Such signs may also present a greeting or similar message. r~ BUSINESS SIGN: A sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured or an entertainment offered, on the premises where the sign is located or to which it is affixed. n CONSTRUCTION SIGN: A temporary sign indicating the name of architects, engineers, landscape architects, contractors and similar artisans involved in 104 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX L I SIGN REGULATIONS the design and construction of a structure or project, permitted only during the construction period and only on the premises on which the construction is taking place. IDENTIFICATION SIGN: A sign giving the name and address of a building, business, development or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol. ca NAME PLATE SIGN: A sign giving the name and/or address of the owner or occupant of a building or premises on which it is located and where applicable, a professional status. REAL ESTATE SIGN: A sign pertaining to the sale or lease of the lot or tract of land on which the sign is located or to the sale or lease of one or more structures or a portion thereof located thereon. Sign Ordinance §6-107(A); see id. §§6-201, 6-202, 6-203. In business and industrial districts, the [Merriam] ordinance also permits advertising signs, which are defined as follows: "A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at the location on which the sign is located or to which it is affixed." See id. §6-107(A)(1 ). 68 F.Supp.2d at 1260-61. The court noted that it is "common sense" to find that the City of Merriam's regulations were content-based. Citing Metromedia, the court ruled for the sign company and against the city. 67 F.Supp.2d at 1267. Like the Ohio court in North Olmsted, the Kansas court found that the Constitutional defects in the ordinance were so numerous that the offending provisions simply were not severable. In the Kansas case, the court went further, awarding the sign company that brought the suit more than $17,000 in attorneys' fees under '1988 of the Civil Rights Act. Separate proceeding, reported at Outdoor Systems, Inc., v. City of Merriam, 2000 U.S.Dist. LEXIS 6639 (D.C. Kansas), the court awarded the prevailing plaintiff $17,511 in attorneys' fees and $335 in expenses under §1988 of the Civil Rights Act. The Iowa City ordinance shares many of these infirmities, offering special and general ly preferred treatment to: ca Filling station signs. Development Regulations Analysis March 7, 2001 105 Iowa City, Iowa. APPENDIX L I SIGN REGULATIONS n Identification signs; Informational window signs ("days and hours of operation, telephone number, and credit card or bank cards accepted"); Real estate signs; Development signs; Directional signs; [] "Going out of business" signs; Real estate development signs; Construction signs; and Special events signs. Each of these classifications is content-based and each results in favored treatment of the sign--allowing a sign that contains such a message where a sign containing a different message would not be all owed. Although not all circuits have decisions striking down entire sign ordinances on the basis of content-based distinctions, the Kansas and Ohio decisions flow logically from the Supreme Court's 20-year-old decision in Metromedia. A local government must simply reflect on the fact that a content-based distinction will be subject to strict scrutiny (effectively shifting the burden of proof to the local government defending the ordinance) to realize that it is difficult to defend the special treatment of construction signs, "going out of business" signs and many other sign types when viewed from a public perspective. As a practical matter, real estate signs are among the only ones for which a local government can show a public purpose substantially supporting favored treatment--clearly a neighborhood benefits from maintaining a high rate of occupancy of its dwelling units, and clearly signs advertising the availability of units for sale or lease play a material role in ensuring that vacant units are occupied again. General Recommendations Iowa City's sign regulations should be revised and brought into conformity with Constitutional principles and guidelines that are defensible under the comprehensive plan--eliminating most content- based distinctions. The deficiencies in the sign regulations can be rectified only in the context of serious policy discussions. For example, the city will have to choose between these two policy alternatives: 106 March 7, 2001 Development Regulations Analysis Iowa City, Iowa APPENDIX L ~ SIGN REGULATIONS 1. Allowing the proliferation of 64-square-foot political signs; or 2. Eliminating the current special treatment of construction signs, at least in residential zones. Similarly, the city will have to choose between: 1. Limiting real estate signs to posting for 60 days; or 2. Removing the time limits on political signs. Bringing the sign regulations into conformity with Constitutional principles as interpreted by the courts will raise many other such questions. Further, in response to the legal analysis suggesting that the city eliminate some regulatory provisions, constituent groups are likely to suggest replacement provisions addressing some of the same issues. The issues and the constituencies involved in sign regulations are quite different--and quite separate from--those involved in most other zoning and land-use issues. Although the two sets of regulations should be integrated in every practicable way, each has its own political constituency and each has its own practical concerns--they should be revised separately. Development Regulations Analysis March 7, 2001 107 Iowa City, Iowa. Marian Karr From: Karen Howard Sent: Thursday, March 01, 2001 4:48 PM To: 'Mike Arn'; Ernie Lehman; *City Council; Karin Franklin; Karen Howard Cc: Hobart, Tom Subject: RE: Arn Family Input to the North District Plan Thank you for your thoughtful comments regarding the Public Review Draft of the North District Plan. I'm glad that website access to the plan has been useful to you. The North District Plan is the 4th of 10 district plans to be undertaken. The Planning and Zoning Commission will hold a public hearing tonight, March 1. We will forward your comments in their entirety to the Commissioners for their consideration. With regard to your comments, planning staff would like to clarify several issues that you bring up in your letter. 1) Laura Drive/Dubuaue Street - Under "existing conditions" you refer to the Interstate 80/Dubuque Street interchange and its relationship to the land west of Dubuque Street. We agree that the plan map may give the impression that Laura Drive is connected in some way to the Interstate and Dubuque Street. This is not the case. The plan map shows the City's right-of-way for both Laura Drive and Dubuque Street. In this case the rights-of-way overlap giving the impression that these streets connect. They do not connect, nor are there any plans to connect Laura Drive to Dubuque Street or change the off-ramp from 1-80 to connect with Laura Drive. Our graphics specialist is working to make these facts more apparent on the plan map and a revised map will be forwarded to the Commission for their review. 2) Commercial development along Dubuaue Street - The plan map shows no commercial development along the Dubuque Street corridor south of the Interstate. At the citizen workshops, a majority indicated a desire to maintain the character of the Dubuque Street entranceway into Iowa City as residential/open space rather than allowing commercial development in this area. The plan designates the area directly north of the Interstate along Dubuque Street as suitable for low-intensity office uses. However, any use that locates in this area should be developed in a manner that is sensitive to the adjacent water plant site. 3) Trees shown on the plan map - As stated in the introduction to the North District Plan Map section of the plan, the "trees" shown on the map indicate the general location of existing woodlands. The plan map is a conceptual map. It would be nearly impossible to show all the existing trees in the North District on this conceptual map. However, any omission should not be interpreted as a license to remove existing trees. On the contrary, one of the important principles listed in the plan is to "protect sensitive environmental features." As in all other parts of the City, proposals for development in the North District must be reviewed and meet all applicable requirements of the City Code, which may include demonstrating compliance with the Iowa City Sensitive Areas Ordinance if steep slopes, woodlands, wetlands, or other sensitive features are present on the site. 4) Environmental stewardship - Staff agrees that forest stewardship is important in the North District. The plan should encourage "best practices" with regard to protection of the existing natural resources in the North District. If the Planning Commission so chooses, additional text can be added to the plan to more specifically address this concern. 5) Intent of the Plan - You express a concern that the North District Plan "will be used to rotely dismiss any development proposal without consideration of its merits." On the contrary, the North District Plan is intended to be a general guide for future development. The plan represents the input of more than 100 citizens, like yourself, that provided valuable input and participated in its development over the last year and a half. The plan outlines a number of general principles and objectives and includes a conceptual plan map that will be used as a reference tool when development proposals are submitted to the City. As experience has shown from the other three district plans previously adopted, these district plans are useful as tools to guide the Planning and Zoning Commission and the City Council as they review new subdivision and rezoning requests, each of which is reviewed on its own merits. I hope that our comments help to clarify some issues for you and your family. The Planning Commission is reviewing the plan at a public hearing tonight. They may, or may not, vote to forward the Plan on to the City 3/1/01 Page 2 of 2 Council at the meeting tonight, depending on the input that they have received and their deliberations. If the plan is forwarded to the City Council, there will be additional oppodunities for citizen input, either orally or in writing, as the Council considers the plan for adoption. ..... Original Message ..... From: Mike Arn [mai!to:marn@austin.rr.com] Sent: Thursday, March 01, 2001 12:10 AM To: Ernest Lehman; Iowa City Council; Franklin, Karin; Howard, Karen Cc: Hobart, Tom Subject: Arn Family Input to the North District Plan eSafe Protect Gateway (tin) has scanned this mail for viruses, vandals and suspicious attachments and has found it to be CLEAN. File: NDP Draft .doc (48,128 bytes) Encoding: Base64 Result: Clean. All, As stated in the body of the attachment, we could not be physically present to hear your presentations or give you our input regarding the North District Plan. Please accept this Word document in lieu of our presence. We wish to be recorded as having given input and if any of our interpretations of the Plan and its implementations are in error please reply. We feel that this document should be read at the planned March 1, 2001 public hearing unless it has been changed. If so at the new meeting. Please keep us informed. Mike Arn Family Spokesman 3/1/01 City of Iowa City '1 MEMORANDUM TO: City Council FROM: City Manager DATE: March 5, 2001 RE: Public Intoxication Arrest Repod You may recall a few weeks ago I sent a copy of our revised report on public intoxication arrests to the Chair of the County Board. The purpose of that letter was to give them some idea as to the circumstances associated with public intoxication arrests. Having just received the most recent weekly report, I thought this particular week was one that clearly drives home the point of the need to be vigilant in the public intoxication arrest as well as police intervention process. Please note the PBT on a number of the arrests, one in particular(*). In some instances it approaches three times the level at which a person is considered drunk. mg~mem/publintox.doc Public Intoxication Arrest Information Tuesday 2-20-01 to Monday 2-26-01 DATE 2-20-01 LOCATION 325 E. College OFFICER 40,20 CASE # 101539 DETAILS: Subject given several warnings to leave the property and refused. PBT.220 age, 38. DATE 2-21-01 LOCATION 10 S. Dubuque OFFICER 3,20 CASE # 101545 DETAILS: Subject observed by officers climbing a downspout then stand on the awning of downtown busthess. PBT. 136 age, 31. Also charged with Obstructing officers. DATE 2-22-01 LOCATION Que Bar OFFICER 60,33 CASE # 101566 DETAILS: Officers were conducting an investigation inside the bar when a subject approached officers and interfered. This subject began to argue with officers and was asked to step back and be quiet. The subject refused to do so. PBT. 164 age, 21. DATE 2-22-01 LOCATION Airliner Bar OFFICER 20,3,54 CASE # 101567 DETAILS: Officers responded to the bar for a disturbance (fight). Two subjects involved arrested. Subject #1 PBT. 114 age, 26. 2"d subject also charged with assault. PBT. 162 age, 23. DATE 2-22-01 LOCATION Airliner Bar OFFICER 54,94 CASE # 101569 DETMLS: Subject hanging on the back of another person. Refused PBT. Birthdate 2-21-79, age 22. DATE 2-22-01 LOCATION 1'lAve. HyVee OFFICER 22,6 CASE # 101581 DETAILS: Officers called to the location for intoxicated female with small child. Female drove to the store with her 11 yr. old daughter. PBT.213, age 42. DATE 2-24-01 LOCATION Kum & Go - Gilbert OFFICER 58,42 CASE # 101621 & Burlington St. DETAILS: Subject came into the store and began grabbing items and throwing them on the floor. Subject stated he was drunk bu refused PBT. Age, 23. DATE 2-24-01 LOCATION 325 E. College OFFICER 32,41,85 CASE # 101628 DETMLS: Officers called to the location for a fight. Investigation showed that 2 subjects went to wrong apt. looking for a friend. While speaking to the resident both subjects became violent and began fighting with the resident. I~ subject - PBT.215, age 20. 2"d subject - PBT.20, age 20. DATE 2-24-01 LOCATION 10 S. Clinton OFFICER 21,49 CASE # 101631 DETAILS: Subject attempted to enter an area closed to the public at Old Capitol Mall. Subject was crying. Officers transported individual to University ETC where subject caused problems and hospital persormel requested subject be removed. PBT.263, age 27. DATE 2-24-0l LOCATION 10 Blk. Iowa Ave. OFFICER 24 CASE # 101465 DETAILS: Subject noticed by officer lying down on the sidewalk all alone. Subject stood up and had difficulty maintaining his balance. PBT.275 birthdate 2-20-82. DATE 2-24-01 LOCATION Country Kitchen OFFICER 17 CASE # 101633 Parking Lot DETAILS: Subject observed urinating in the parking lot. PBT. 10 age, 23. DATE 2-25-01 LOCATION 700 Burlington St. OFFICER 2,42 CASE # 101681 DETAILS: Citizen report of subject stumbling around. Officer located individual with open container of alcohol and several other containers inside clothing. Charged with 3ra offense intoxication. Outstanding warrants for subjects' arrest for previous Failure to Appear Intoxication charges. PBT .188, age 27. DATE 2-26-01 LOCATION 113 E. Prentiss OFFICER 42,40,88 CASE # 101710 DETAILS: Officers called for two subjects causing a disturbance at the location. 1 $1 subject refused PBT, age 38. Second subject found with open container and urinating in public. Charged with 3rd and subsequent Intoxication. PBT. 136 age, 51. Iowa City Police Department Monthly Bar Check Report February 2001 YEAR 2001 Monthly Total Year to Date Totals Arrest/Visit Business Name A B A B YTD 1 ST AV CLUB 2 =::====~==:=:0 3 i;i;i;i;i;i;i;i;i;0 0.00 AIRLINER 4 0 13 :~ 6 0.46 ALLEY CAT 1 1 5 ~ 1 0.20 ATLAS GRILL 1 I~',~ 0 1 ,,'.-~,~ 0 0.00 BREWERY 0 ~ 0 0 0 0.00 BROTHERS 2 0 9 3 0.33 CARLOS O'KELLYS 0 e 0 0 0 0.00 COLLEGE ST BILLlARD 5 0 9 i~iiii,~iiijiii~,i0 0.00 COLONIAL LANES 0 ~<'~!:::"0 1 ~'~,!ii 0 0.00 DAVES FOXHEAD 0 0 0 ~ 0 0.00 DEADwOOD 0 0 2 iiiiiiiiiiiiiiiii0 0.00 DIAMOND DAVES 0 ~ 0 0 !~!~!~!i~"~!:~0 0.00 DUBLIN UNDERGROUND 1 0 3 ~ 0 0.00 EAGLES LODGE 0 ....... 0 0 iiiii[i[iii[;%:0 0.00 ELK'S CLUB 0 0 0 0 0.00 FIELDHOUSE 3 9 9 25 0.00 FITZPATRICKS 0 0 0 0 0.00 GA MALONES 3 .~ 5 7 ~:~:~::~"13 1.86 GABES 0 ,>,~,;~ 0 6 e 5 0.83 GEORGES 2 ~ 0 2 0 0.00 GRINCOS 0 ?~:~ 0 0 0 0.00 GRIZZLEYS 0 0 0 ~ 0 0.00 GROUND ROUND 0 0 0 ;~;~;~;~;~;~;~;~;~0 0.00 HAPPY JOES 0 0 0 ~ 0 0.00 HILLTOP TAP 1 ~ 0 1 ~e 0 0.00 JIMMY'S BRICK OVEN 1 ~ 0 1 ~:~ 0 ~ 0.00 JOES PLACE 1 ~ 0 3 0 0.00 KIT~ HAWK 0 e 0 0 ~;;S;;;S;;0 0.00 LOFT 0 ';~? 0 0 e 0 0.00 MABELS 0 0 0 ~ 0 0.00 MARTINIS 1 0 5 ~- 3 0.60 Column A is the number of times a bar is visited specifically checking for underage drinkers. Column B is the number of people charged with possession under the legal age in each bar. Note this is not the total number of charges in each bar. Iowa City Police Department I °13P°~'~; I Monthly Bar Check Report February 2001 YEAR 2001 Monthly Total Year to Date Totals Arrest/Visit Business Name ~A B A _B YTD 1ST AV CLUB 2 ~ 0 3 iiiii/!':~0 0.00 MICKEYS 0 0 2 i 0 0.50 MIKES 0 0 0 0 0.00 MILL 0 0 1 0 0.00 MOOSE LODGE 0 0 0 0 0.00 MORGAN'S 0 0 4 1 0,25 MuMMs o o o o o.oo ONE EYED JAKES 1 4 6 ~ 14 2.33 OUTER LIMITS 0 0 0 i~i~ 0 0.00 PLAMOR 0 0 0 !:I~:~ 0 0.00 PRESS BOX ~ iiiiiiiiiiiiiii~0 2 !!!i!;:i~!i~i;i0 0.00 Q U E 2 2 6 i:ii~/i=:~::::8 1.33 QUINTINS BAR &DELl 0 0 0 ~ 0 0.00 RT GRUNTS 1 0 2 ::::::::::::::::::0 0.00 SAMS 0 !!!:~!0 0 ~ 0 0.00 SANCTUARY 0 iii.,~0 0 ......... 0 0.00 SERENDIPITY LAUNDRY 0 ~ 0 0 0 0.00 SHAKESPEARES 0 ~'~l'ii0 0 ":::~! 0 0.00 SPORTS COLUMN 3 7 8 22 2.75 TUCKS 0 0 0 0 0.00 UNION 5 5 12 24 2.00 VFW 0 i~ii: 0 0 0 0.00 VINE 0 i?~i;i0 0 ~ 0 0.00 VITOS 3 ;/iiiiii~i,:7 4 8 2.00 WIG AND PEN 1 ~ 0 1 0 0.00 TOTAL 45 40 134 151 1.13 Column A is the number of times a bar is visited specifically checking for underage drinkers. Column B is the number of people charged with possession under the legal age in each bar. Note this is not the total number of charges in each bar. BUILDING PERMIT INFORMATION February 2001 KEY FOR ABBREVIATIONS Type of Improvement .' ADD - Addition ALT- Alteration REP - Repair FND - Foundation Only NEW- New OTH- Other type of construction Type of Use: RSF - Residential Single Family RDF - Residential Duplex RMF - Three or more residential RAC - Residential Accessory Building MIX- Mixed NON- Non-residential OTH- Other Pige: 2 City of Iowa City Date: 3/2/2001 Extraction of Building Permit Data for To: 2/1/2001 From: 2/28/2001 Census Bureau Report Type TYpe Perufit Number Name Address Impr U~ Stories Units Valuation BLD01-00033 BOYD MURRAY 4005 EL PASO DR ADD RSF 1 0 $6,500 14' X 16' SCREEN PORCH OVER EXISTING WOOD DECK BLD01-00040 THE PADDOCK LLD 262 MORGAN CT ADD RSF 1 0 $3,800 2 CAR ATTACHED GARAGE ADDITION FOR SFD Total ADD/RSF permits: 2 Total Valuation: $10,300 i BLD01-00027 RUSS GERDIN INVESTMENTS 2610 INDEPENDENCE RO,a ALT NON 1 0 $800,000 ALTERATION OF 210,000 SQ FT PORTION OF EXISTING WAREHOUSE INTO MANUFACTURING FACILITY BLD01-00063 RUSS GERDIN 2570 INDEPENDENCE RD ALT NON 1 0 $147,043 SMOKE AND HEAT VENTING FOR WAREHOUSE BLD01-00058 SHIVE-HATTERY 2834 NORTHGATE DR ALT NON I 0 $48,000 FINISH BASEMENT OF OFFICE BUILDING BLD01-00039 LORSON EDWARD L DDS MS 1041 ARTHUR ST ALT NON 0 0 $15,000 RESTROOM REMODEL BLD01-00001 MCDONALD OPTICAL 16 S CLINTON ST ALT NON 2 0 $7,500 INSTALL TWO EXAMINING ROOMS AND FIRE ESCAPE BLD01-00066 GERRY AMBROSE 41 HIGHWAY I WEST ALT NON 1 0 $7,500 INTERIOR ALTERATION OF MERCANTILE OCCUPANCY BLD01-00049 TENENT 110 S LINN ST ALT NON 0 0 $5,000 CONVERT EXISTING OFFICE TO A COFFEE HOUSE. BLD01-00067 RANDY LARSON 749 MORMON TREK BLVE ALT NON 1 0 $4,000 INTERIOR ALTERATION OF RESTAURANT' BLD01-00053 IOWA CITY TIRE 521 KIRKWOOD AVE ALT NON 0 0 $0 CHANGE IN USE Total ALT/NON permits: 9 Total Valuation: $1,034,043 BLD01-00047 KELLY PUTMAN 2025 LITTLE CREEK LN ALT RDF 0 0 $20,000 iNDOOR EXERCISE POOL IN RDF Total ALT/RDF permits: 1 Total Valuation: $20,000 BLD01-00028 WALLY KOPSA 320 DAVENPORT ST ALT RMF 0 0 $1,200 REPLACE ATTIC WINDOW WITH EGRESS WINDOW BLD01-00004 AUR 211 CHURCH ST ALT RMF 0 0 $500 INSTALL TWO EGRESS WINDOWS Total ALT/RMF permits: 2 Total Valuation: $1,700 BLD01-00055 DAVID BEDELL 431 LEE ST ALT RSF 0 0 $27,000 INSTALL WINDOWS IN KITCHEN BLD01-00054 KEALEY 222 STANWYCK DR ALT RSF 0 0 $5,000 BASEMENT FINISH BLD01-00052 GEO BEDELL 903 HIGHWOOD ST ALT RSF 0 0 $4,700 FUR OUT STORAGE ROOM/WINDOW REPLACEMENT Pfige: 3 City of Iowa City Date: 3/2/2001 Extraction of Building Permit Data for To: 2/1/2001 From: 2/28/2001 CellSUS Bureau Report Type Type Permit Number Name Address Impr U~m Stories Units Valuation I Total ALT/RSF permits: 3 Total Valuation: $36,700 i BLD00-00919 ALBERTSONS 2425 MUSCATINE AVE NEW NON 1 0 $1,000,000 S1NGLE STORY TILT UP PRECAST DRUG STORE Total NEW/NON permits: 1 Total Valuation: $1,000,000 BLD01-00062 HODGE CONST 1729 LOUIS PL NEW RDF 1 2 $203,682 RDF WITH ATTACHED 2 CAR GARAGES 1729-1731 LOUIS PLACE I Total NEW/RDF permits: 1 Total Valuation $203,682 i BLD01-00015 OWNER 1229 SHANNON DR NEW RMF 3 30 $1A45,000 3-STORY 30 UNIT ELDERLY HOUSING. BLD01-00041 BASSWOOD CONSTRUCTORS 1060 SCOTT PARK DRIVE NEW RMF 0 0 $35,000 FOUNDATION FOR 38 UNIT APARTMENT BUILDING58.66 X 213 Total NEW/RMF permits: 2 Total Valuation $1,180,000 BLD01-00061 RON & CHRIS AMELON 1072 GOLDENROD DR NEW RSF 1 1 $221,000 SFD WITH ATTACHED 2 CAR GARAGE BLD01-00050 MARTIN GAFFEY 324 GREEN MOUNTAiN Dt NEW RSF 1 1 $130,518 S.F.D. WITH TWO CAR GARAGE I Total NEW/RSF permits: 2 Total Valuation $351,518 / BLD01-00035 MCCOMAS 2920 iNDUSTRIAL PARK R OTH NON 0 0 $10,000 7' FENCE WITH THREE ROWS OF BARB ABOVE ON REAR PROPERTY LINE Total OTH/NON permits: 1 Total Valuation: $10,000 BLD01-00064 PAUL SWISHER I21 COLLEGE ST REP NON 2 0 $2,994 REROOF WITH MODIFIED BITUMEN Total REP/NON permits: 1 Total Valuation: $2,994 BLD01-00073 CONTRACTOR 815 *17 CLARK ST REP RDF 2 0 $90,000 REPAIR FIRE DAMAGED STRUCTURE. Total REP/RDF permits: 1 Total Valuation: $90,000 BLD99-00063 FRANK FLEMING 315 MYRTLE AVE REP RSF 0 0 $1,000 25' RETAINING WALL Page: 4 City of Iowa City Date: 3/2/2001 Extraction of Building Permit Data for To: 2/l/2001 rro~,~: 2/2s/2ool Census Bureau Report Type Type Permit Number Name Address Impr U~ Stories Units Valuation Total REP/RSF permits: 1 Total Valuation: $1,000 ~ GRAND TOTALS: PERMITS: 27 VALUATION: $3,941,937 ~ Date: 1 -Mar-01 To: City Manager and City Council From: Dianna Furman Subj: Utility Discount Program Statistics - Fiscal Year' 99 Total, FY' 00 and ' 01 Monthly Water Sewer Refuse Total Accounts Recyling Water Sewer on Discount Water Sewer Refuse Recycling Month Discounts Discounts Program Discount Tax Discount Discount Discount Discount Total Discounts FY99 Totals 1522 795 2317 I $8,019.87 $402.18 $8,042.58 $9,702.28 $3,105.90 $29,272.81 FY 00 Jul 120 63 183 614, 19 30.81 615.93 744.57 238.35 2243.85 Aug 124 66 190 754.99 37.95 725.30 738.00 252.00 2508.24 Sept 130 75 205 600.33 30.29 576.72 498.15 170.10 1875.59 Oct 134 75 209 846.57 42.60 809.36 817.94 279.30 2795.77 Nov 137 83 220 893.38 44.89 854.32 836.39 285.60 2914.58 Dec 141 85 226 923.90 46.52 883.20 873.30 298.20 3025.12 Jan 144 89 233 932.03 46,81 891.48 879.45 300.30 3050.07 Feb 143 87 230 1174.20 59.16 1120.21 119617 408.45 3958.19 Mar 152 93 245 738.71 37.21 709.66 596.55 203.70 2285.83 Apr 151 90 241 995.12 50.02 952.08 931.72 318.15 3247.09 May 154 96 250 997.15 50.31 954.04 934.80 319.20 3255.50 Jun 158 95 253 1003.27 50.53 959.89 922.50 315.00 3251.19 Totals 1688 997 2685 $10,473.84 $527.10 $10,052.19 $9,969.54 $3,388.35 $34,411.02 FY 01 Jul 120 61 181' ;856.74 $43.19 $819.13 $876.37 $299.25 $2,894.68 Aug 124 70 194 ;855.68 $42.77 $779.03 $765.67 $261.45 $2,704.60 Sept 139 75 214 ;891.52 $44.65 $811.82 $790.27 $269.85 $2,80811 Oct 138 80 218 ;965.44 $48.39 $879.48 $860.99 $294.00 $3,048.30 Nov 142 81 223 ;987.84 $49.65 $899.98 $857.92 $292.95 $3,088.34 Dec 142 80 222 ;996.80 $50.00 $908.16 $867.15 $296.10 $3,118.21 Jan 143 84 227 ;999.04 $49.91 $910.22 $891.74 $304.50 $3,155.41 Feb 143 84 227 $1,041.60 $52.20 $949.16 $891.75 $304.50 $3,239.21 Totals 1091 615 1525 ~ 7,594.66 380.76 6,956.98 6,801.86 2,322.60 24,056.86 cc: Kevin O'Malley UTILDIS00.XLS3/1/20019:14 AM *Renewals for discount program completed July 2000 Check out #1 especially ! oa-o8-ol IP13 Marjan Karr From: Carol DeProsse [cdeprosse@earthlink.net] Sent: Friday. March 02, 2001 2:19 PM To: JCNEWS@yosemite.leepfrogcom Cc: mary_mascher@legis.state.ia.us; vicki_lensing@legis.state.ia.us; richard_drake@legis.stateia.us; robert_dvorsky@legis.state.ia.us; joe_bolkcom@legis.state.ia.us; barry_brauns@legis.stateja,us; ro_foege@legis.state. ia.us; richard_myers@iegis.state.ia.us; Connie_Champion@iowa-city.org; Ernie_Lehman@iowa-city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org; jpwhite@co.johnson.ia.us; cthompso@co,johnson.ia.us; mlehman@co,johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co.johnsoniaus; tneuzil@co.iohnson.ia.us; tjneuzil@msn.com Subject: JCNEWS: Check out #1 especially TABLE OF CONTENTS 1. Financial Aid Administrators Join Students to Support Higher Education Act Reform Efforts as Rep. Frank Introduces Repeal Measure http://www.drcnet.org/wol/175.html#heaconference 2. Drug Czar Demoted? Post Still Vacant Amid Hints It Will Lose Cabinet Rank http://www.drcnet.orgZwolZ175.html#drugczarRost 3. Thailand: As US Military Moves to Assist in Campaign Against Burmese Drug Exports, Signs of Fatigue Appear http;//www.drcnet.org/wol/175!html#thailand 4. "Monitoring the Future" Head Researcher Speaks Out on Drug Trends, Drug War, Drug Policy http~Z/www.drcnet.org/wol/175.html#johnston 5. High in the NBA http;//www.drcnet.org/wolZ175.html#nba 6. DRCNet en Espafiol http://www.drcnet.org/wol/175.html#drcnetenespanol 7. Reformers On TV http:~/www.drcnet.org/wol/175.html#onair 8. Reformers on the Radio http://www.drcnet.org/wol/175~html#ontheradio 9. The Reformer's Calendar http://www.drcnet.org/wol/174~html#eventcalendar 3/2/01 Search Warrants Page 1 of 1 Marian Karr From: Carol DeProsse [cdeprosse@earthlink.net] Sent: Sunday, March 04, 2001 10:26 AM To: JCNEWS@yosemite.leepfrog.com Cc: jpwhite@co.johnson.iaus; cthompso@co.johnson.ia.us; mlehman@co.johnson.ia.us; sstutsma@co.johnson.iaus; pharney@co.johnson.iaus; tneuzil@co.johnson.ia.us; tjneuzil@msn.com; Connie_Champion@iowa-city.org; Ernie_Lehman@iowa-city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org Subject: JCNEWS: Search Warrants I stopped in on a trial at the courthouse the other day and in the coume of testimony, an officer of the Coralville Police Department had this exchange with the defense attorney: Referring to a search warrant under discussion, "And did you find anything when you searched the residence?" "No." "NO ?" "It happens frequently on search warrants, you go to find something you believe is there and it isn't. It has to do with informant reliability." I would like to know how people view this apparent frequent result of search warrants, particularly with regard to getting warrants as a result of anonymous tips or garbage searches. 3/5/01 Bard high while writing sonnets? Page 1 of 3 Marjan Karr From: Carol DeProsse [cdeprosse@earthlink.net] Sent: Monday, March 05, 2001 7:35 AM To: JCNEWS@yosemite.leepfrogcom Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnson.ia.us; mlehman@co.johnson.ia.us; sstutsma@co.iohnson.ia.us; pharney@co.iohnson.ia.us; tneuzil@co.iohnson.ia.us; tineuzil@msn.com; Connie_Champion@iowa-city.org; Ernie_Lehman@iowa-cjty.org; Ross_Wilbum@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org; mary_mascher@legis.state.iaus; vicki_lensing@legis.state.ia.us; richard_drake@legis.state.ia.us; robert_dvorsky@legis.state.ia.us; ioe_bolkcom@legis.state.ia.us; barry_brauns@legis.state.ia.us; ro_foege@legis.state.ia.us; richard_myers@legis.state.ia.us Subject: JCNEWS: Bard high while writing sonnets? Did Shakespeare Puff on "Noted Weed"? nationalgeographic.com by Shaun Smillie for National Geographic News March 2, 2001 A study of several 17th-century smoking pipes, including a number fonnd in the garden of Shakespeare's home in England, has revealed traces of cannabis, according to South African scientists. The South African Police Services Forensic Science Laboratory in Pretoria analyzed the stems and bowls of 24 clay pipes and found traces of tobacco, suggestive evidence of cannabis<and mysteriously, two of the pipes showed signs of what looks like cocaine. The results of the study have been published in the South African Journal of Science. The analysis was made after a South African scientist had a hunch that reference to the "noted weed" in one of Shakespeares sonnets may have been the bard's way of extolling the effects of carmabis. Low Concentrations of Cannabis "There were very low concentrations of cannabis, but the signature was there," said Inspector Tommy van der Merwe, of the Forensic Science Laboratory. The low concentrations could be attributed to the fact that cannabis begins to degrade after a short period of time, according to the scientist. However, there is no doubt about the traces of cocaine. "The pipes we tested still had dirt in them which preserved the residues inside the stem and bowl," Van der Merwe said. Contamination was unlikely. he said. "The readings we got were the same as if it had tested a modern-day crack pipe." One of the cocaine pipes came from "Harvard House" in Stratford-upon-Avon, the home of the mother of John Harvard after whom Harvard University was named. Cocaine is thought to have not been manufactured before 1855, but the drug is derived from the South American coca leaf which some scientists believe was introduced to Europe in the 16th century, after the Spanish Conquest of Peru. 3/5/01 Yet another one Page 1 of 1 Marian Karr From: Carol DeProsse [cdeprosse@earthlink.net] Sent: Tuesday, March 06, 2001 2:05 PM To: JCNEWS@yosemite.leepfrog.com Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnson.ia.us; mlehman@co.johnson.ia.us; sstutsma@co.johnson.ia.us; phamey@co.johnson.ia.us; tneuzil@co.johnson.ia.us; tjneuzil@msn.com; Connie_Champion@iowa-city.org; Ernie_Lehman@iowa-city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org; mary_mascher@legis.state.ia.us; vicki_lensing@legis.state.ia.us; richard_drake@legis.state.ia.us; robe~_dvorsky@legis.state.ia.us; joe_bolkcom@legis.state.ia.us; barry_brauns@legis.state.ia.us; ro_foege@legis.state.iaus; richard_myers@legis.state.ia.us Subject: JCNEWS: Yet another one Scene h One day. A bunch of girls get together at one of their homes when the parents are gone. One of them brings marijuana. After a while the party breaks up. The parents come home and somehow the mother finds out (strange smell in the house?), goes ballistic and calls the police. Scene Ih 11 P.M. the next day. One of the girls at the party and her parents are home, all fast asleep. The phone rings and wakes the parents up. The mother answers to hear a voice say, "This is the Iowa City police." Sense of dread and fear sets in. The officer demands to talk to the girl. The mother says she is sleeping. The officer insists. The mother wakes the kid up who goes to the phone and is promptly yelled at by the police officer to such an extent that the pissed off mother calls a lawyer to protest the way her kid was treated by the police. Another useless incident caused by our overactive drug police task force in which no positive result came about, except to have another round of citizens who are really boiled off at the ICPD. Really helped an already sagging image of the boys in blue. BTW: The girl is 16. 3/6/01 Vilsack's Policy/Drugs Page 1 of I Marian Karr From: Carol DeProsse [cdeprosse@earthlink.net] Sent: Tuesday, March 06, 2001 4:20 PM To: JCNEWS@yosemite.leepfrog.com Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnson.ia.us; mlehman@co.johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co.johnson.ia.us; tneuzil@co.johnson.ia.us; tjneuzil@msn.com; Connie_Champion@iowa-city.org; Ernie_Lehman@iowa-city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org; rnary_mascher@legis.state.ia.us; vicki_lensing@legis.state.ia.us; richard_drake@legis.state.ia.us; robert_dvorsky@legis.state.ia.us; joe_bolkcorn@legis.state.ia.us; barry_brauns@legis.state.ia.us; ro_foege@legis.state.iaus; richard_myers@legis.state.ia.us Subject: JCNEWS: Vilsack's Policy/Drugs I have been reading "lowa's Drug Control Strategy 2001 ", a publication of the Governor's Office of Drug Control Policy. Frankly, it seems far less onerous than local practice would have me believe, For example, under Reduce the Supply of Iltegal Drugs, one finds that the first goal is to Increase local capacity to identify, investigate, and dismantle clandestine drug laboratories. In reading on, nowhere do I find that a primary goal is to round up recreational users of pot, especially adult users. The major focus is on investigating organized interstate crime groups distributing illegal substances in the state and shutting down methamphetamine labs. There is a lot of emphasis on providing treatment facilities for abusers of drugs. The report notes, however, "the prevalence of marijuana as the single illegal drug for which most offenses are reported by law enforcement. For the period of 1994-1999, more than four out of every 10 reported arrests for offense of manufacture/distribution of drugs where the drug type was known involved marijuana. Further, during the same period, more than seven of every ten reported offenses for possession/use of drugs where the drug type was known involved marijuana." The report notes, "Based on the data presented above, it would seem clear that marijuana remains the drug of choice for the majority of ADULT Iowans that use/abuse illegal drugs. Further, several of the data indicators point to an increasing use and/or prevalence of this drug among drug users in Iowa." NO MATTER HOW MANY PEOPLE WE ARREST AND THROW IN JAIL, PEOPLE KEEP ON SMOKING POT. THERE MUST BE SOME EXPLANATION. MOST PEOPLE DON'T PARTICULARLY LIKE TO GET ARRESTED AND TOSSED IN THE POKEY. Marijuana is at worst, no worse for users than either alcohol or tobacco (both of which have been or are used by at least several members of the Iowa City City Council.) The only difference between marijuana and alcohol and tobacco is that marijuana is illegal and the other two are legal (even though they kill thousands every year, cost the health care systems billions of dollars every year, and cost the workplace billions of bucks in worker absenteeism.) Only hypocrites would smoke and drink, even in moderation, and then turn around and insist that we enforce laws against recreational users of marijuana. 3/6/01 1103-08-01I Marian Karr IP14 From: richard [twohy@inav.net] Sent: Tuesday, March 06, 2001 12:27 PM To: jcnews@yosemite.leepfrog.com; icaa-daily@yahoogroups.com; ic-glbt-events@crglrc.org; flierman64@AQL.COM Cc: Iowa City Council and Johnson County Supervisors; cthompso@co.johnson.ia.us; mlehman@co.johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co.johnson.ia.us; tneuzil@co.johnson.ia.us; tjneuzil@msn.com; Connie_Champion@iowa-city,org; Ernie_Lehman@iowa-city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org Subject: JCNEWS: Coretta Scott King at UI A gentle "heads-up": (3/5/2001) Today is the 36th year-mark of the sheriff's massacre of human rights Marchers on the EDMUND PETTUS BRIDGE in Alabama (1965). On that bloody yet hopeful day, Hartin Luther King, Jr. coralled the Civil Rights movement into the Conscious, active Conscience of our Country. His widow, Coretta Scott King, will visit Iowa City tomorrow night. She'll speak Wednesday at 7 pm -- open to all. Admission is free. Location: Univ. of Iowa's "IHU" ("student union" building). Doors open 6pm. Parking w/start getting tight about 6:15. They have run Out Of main-hall "tickets". But hey, no problem: You can still see & hear on big screen in the "Richie" Ballroom (IHU, 2nd Floor). This info thanks to Iowa-City Councilor Irvin Pfab. He met Saturday with the IMU "box office" mavens... and says that everyone -- with or without "tickets" -- may have a chance to meet and speak with her afterward. I've seen & heard CSK 4 times in these three decades. Here's part o~ my personal, inner "take" on Mrs. King: Nearly 33 years ago, when her husband Dr. King was assassinated, Coretta King received the grace of SERENITY to accept the things she can NOT change, And, on that terrible afternoon, April 5, 1968 -- 2 months before Bobby Kennedy was murdered in Los Angeles the day of his Presidential "primary" victory in California -- CORETTA SCOTT KING began showing all of us the COURAGE to change the things that she CAN. This month, yet another milestone: She now has logged 12,000 days AND nights of exemplifying -- one day at a time -- THE WISDOM TO KNOW the DIFFERENCE. Bring a friend or two (and their kids!!) tomorrow night. For the younger pups -- and even for us hobbling "seniors" -- it's a chance to vitalilze, in our inner life purpose, the essential core of the ~mnerican Dream: That's right: The inherent dignity and worthiness of ALL God's ehildren -- including the right to grow, celebrate, and BE who we are. We are, EACH of us, children of the Universe. We have a right to be here. It includes, too, the responsibility and freedom to touch AND to SHARE those incredible sparks of beauty lurking within EACH of us -- just below the pimples and the fear. Let Coretta Scott King remind us how. Richard <twohy~inav.net> *POB 2233'Iowa City 52244 Voice: 319-337-9011 Ce11:621-8339 Fax:319-354-6995 "Our Liberties we prize & Our Rights we will maintain" (Yup... It says it right there, on the state Flag of Iowa!) 03-08-01 J Marian Karr IP15 From: Brandon Ray [publius@ARTHUR.AVALONNET] Sent: Tuesday, March 06, 2001 4:58 PM To: jcnews@yosemite.leepfrog.com Cc: Jim Fausett; Harry Herwig; John Weihe; Diana Lundell; Dave Jacoby; Jean Schnake; Kelly Hayworth; Connie_Champion@iowa-city.org; Ernie_Lehman@iowa-city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org; jpwhite@co.johnson.iaus; cthompso@co.johnson.ia,us; mlehman@co.johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co.johnson.iaus; tneuzil@co.johnson.ia.us; tjneuzil@msn.com Subject: Re: JCNEWS: Coralville City Council So ... anytime a citizen group forms to protest something or other, the members of the city council are obligated to make themselves available, at the convenience of the group? On Tue, 6 Mar 2001, Carol DeProsse wrote: Too arroqant to learn something new of just too busy? Either one could be right. I don't know the CCC or the City Manager. Last night there was a 2nd public forum sponsored by SAVE (Stop A Vast Error). It was held at the Coralville Public Library. Beside notices in all the papers and on the radio, and personal invites to each, not a single member of the CCC showed or, nor did the City Manager. Although it would have been a bit embarrassing, it is a shame that not one of these officials cared to participate in a discussion about the proposed 1/3 ot a billion dollar Iowa Child Project, of which it is hoped that 50% will be in the form of taxpayer dollars. For that matter, except for the Daily Iowan, the press didn't show up either. Too bad. They would have learned a lot (not that they would necessarily have reported it.) 1. This proposed deal, involving millions of public dollars, is a shoddy, behind-the-scenes effort to bolster the image of Kelly Hayworth and like-minded acquaintances. The process he has led has been shamefully without informing the public and without any public input. It has also set Coralville up at a severe disadvantage in terms of its $15-30 million commitment to the project. And it has been based on a record of documentation and analysis of the project that amounts to about 1/4" or less of staoked paper No public entity beside the CCC has endorsed this project. 2. The Iowa CHILD folks are conducting private meetings try to induce folks to come on board. This includes a private meeting between Iowa Child, the superintendent and principal of schools of the Clear Creek Amana School District, and the president of the Board of the CCA School District. Private meetings when millions of dollars of public money is at stake is a reprehensible way to conduct the public's business. 3. Ted Townsend and his iowa Child puppets are working internally at the university of Iowa, allegedly about to offer deals to departments of the University {"what do you want and how can we help you with it"), either in exchange for their support or for their silence regarding their opposition to Iowa Child. They are also working to round up Bob Bowlsby to sign on with Steve Alford and Hayden Fry in support of iowa Child. Why the support of these three is more important than informing the public about what it is going to cost the public is a good question. 4. This project is not unique. There are tens upon tens of them all across 1 the country. 5. More than several of these similar types of projects have been failures, one within 7 months of opening its doors to the public. 6. The project is not an educational endeavor, but an entertainment attraction with an educational component thrown in to keep people from being against it (who can be against children, especially Iowa children?.) The tape of the meeting will be aired on local channels and copies will be available next week in the Coralville Public Library and the Iowa City Public Library. SAVE now has brochures for distribution.