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HomeMy WebLinkAbout2011-10-04 OrdinanceCity of Iowa city MEMORANDUM Date: July 7, 2011 To: Planning and Zoning Commission From: Karen Howard, Associate Planner 6e,6f,6g 1 RE: Zoning Code Amendments to the Central Business Site Development Standards, Standards for Auto Repair in the CI -1 Zone, and amendments to clarify or correct confusing language or cross - references. Central Business Site Development Standards The site development standards for the Central Business Zones are intended to help ensure that the City's Central Business District develops as an attractive, compact urban area. The standards are "form- based" standards that address the location of buildings and parking areas, and the building form, in particular how building frontages address the public street and sidewalks to ensure that the downtown area remains a mixed use, pedestrian - friendly commercial area. Particular attention is focused on street -level building facades in order to encourage storefront commercial activity, and to prevent blank facades, monotonous streetscapes, and to enhance public safety by providing opportunities for surveillance of the street from the interior of buildings. Excellence in design is encouraged in order to enhance and maintain economic development opportunities in the downtown area. In large part these form -based site development standards are working quite well in achieving the stated purpose. However, as discussed with the City Council at a recent work session, it is a good time to assess our economic development policies and the regulations that help implement those policies with the goal of improving opportunities for investment in the downtown area. While a more in depth review of the standards will be conducted by the planning consultant that the City is in process of hiring to help with the comprehensive planning effort in Riverfront Crossings and Downtown Iowa City, there are several minor changes that staff has identified that will help improve the effectiveness and clarity of the current Central Business site development standards and provide additional flexibility for property owners in situations where there is practical difficulty fully complying with a standard. The proposed changes include: • Clarification regarding setback and frontage requirements for properties that front on City Plaza. Many of the site development standards are intended to address the streetside building fagade, which is the portion of the building that is most visible and accessible to the public. Since properties that abut City Plaza do not have a "streetside" building facade, language is proposed to clarify that those standards that apply to "streetside" building facades also apply to building facades that face City Plaza, including front setback requirements, storefront window requirements and pedestrian entrance requirements. • Flexibility to adiust required storefront depths in the CB -10 Zone. To ensure that a usable commercial space is established on the ground -level floor of the building, the code specifies that parking areas are not allowed within the first 50 feet of lot depth as measured from the front building line in the CB -10 Zone. While this standard works in most instances, there are some small lots or lots Page 2 that have other characteristics that make it difficult to meet the full 50 -foot depth requirement. Since parking on the ground -level floor of a building requires a special exception, there is a built in review mechanism to consider special circumstances that may warrant a reduction in this storefront depth. Staff recommends allowing the Board of Adjustment additional flexibility to adjust this standard when warranted. Deleting the limitation on the amount of surface and ground -level parking allowed in the CB -5 Zone. Similar to the CB -10 Zone, the CB -5 Zone has standards with regard to location of parking and minimum storefront depth requirements. However, the CB -5 Zone has an additional standard that prohibits more than 50% of a lot to be used for surface parking or ground -level structured parking. As long as the minimum usable storefront space is provided along the building frontage, allowing additional on -site parking on the remainder of the lot may increase the economic viability of new development in the downtown area. A requirement in the CB -10 Zone for the first two floors of new buildings to be constructed to accommodate commercial uses. Market research has revealed that there is a demand for quality office space in the downtown area. However, due the proximity of the University of Iowa to downtown, there is also a high demand for residential apartments. There has been a concern expressed that there has been a proliferation of new buildings in the downtown area that are being constructed in a way that precludes use of the upper floors for office and other non - residential uses. To encourage additional office development in the downtown, staff suggests that both the first and second floors of new buildings in the CB -10 Zone be constructed to meet commercial building code standards and that a larger portion of the second floor fagade be devoted to window openings. Staff also recommends a minimum floor to ceiling height of 11 feet on the second floor. These code changes will ensure that second floor spaces are more attractive and usable for employers seeking downtown office space, but will not prevent the second floor from being used for apartments. A requirement in the CB -10 Zone that the first two floors of a building be built to the side lot line. There has been concern expressed about new buildings constructed in the downtown with small side setbacks (typically about 5 feet), which have resulted in dark, narrow unkempt spaces between downtown buildings. These spaces are unusable, difficult to maintain and are often filled with trash. In addition, there have been cases where developers have tried to use these narrow passages as the only means of access to upper floor apartments. While a side setback is not required in commercial zones, one of the reasons for providing a small side setback is to allow bedroom windows and balconies for upper floor apartments along the side walls of downtown buildings. To provide for a safer and more attractive downtown environment for businesses, residents and visitors, staff recommends requiring the first two floors of a building to be constructed to the side lot line in the CB -10 Zone and the standards for pedestrian building entrances be clarified. Limiting this side setback standard to the first two floors will prevent narrow unkempt spaces between buildings at the street level, but will allow floors above the second level to be stepped back to provide the opportunity for residential windows and balconies. Site Development Standards for the Central Business Service (CB -2) Zone The Central Business Zones (CB -2, CB -5, and CB -10) are intended to promote the development of an active, mixed -use, pedestrian- oriented city center. The zones all allow for a wide variety of businesses, restaurants, services, and entertainment venues, Page 3 and encourage upper floor apartments and condominiums so people have the opportunity to live, work, shop, and seek entertainment in downtown Iowa City. These zones are intended to work in concert, with the highest intensity CB -10 Zone located in the core area of downtown transitioning in intensity to the CB -5 Zone and then to the C13-2 Zone, which is intended for areas on the periphery of downtown. With only a few exceptions,' the uses allowed in these three zones are the same, however, they vary in the scale and intensity of the development allowed. There are currently only two areas zoned CB -2: a portion of the Northside Marketplace along Linn, Bloomington, and North Gilbert Streets; and properties that front on Van Buren Street and Washington Street north of Burlington Street and east of the Chauncey Swan parking facility. During the zoning code revision process in 2005, there was a proposal to eliminate the CB -2 Zone. Its lack of appropriate site development standards promoted an outdated, suburban model of development with buildings setback from the street surrounded by large surface parking areas, which would be out of character for downtown Iowa City and largely unachievable due to the smaller, urban lots that are zoned CB -2. Due to concerns expressed by CB -2 property owners at the time, rather than eliminate the zone, the City Council directed the Planning Department to gather additional public input regarding the CB -2 Zone as part of the Central District planning process and make recommendations for changes that would ensure that future development in these areas is compatible with the existing character of downtown Iowa City and the Northside Marketplace. To that end, two public workshops were held to gather input from business owners, property owners, and nearby residents regarding the Northside Marketplace and the CB -2 Zone. Based on that input, the Central District Plan includes a number of action items that recommend adopting site development standards for the CB -2 Zone that are similar to the standards in the CB -5 and CB -10 Zone that require storefront windows, entrances at grade, buildings located close to the sidewalk and parking located behind buildings but at a lower scale that is compatible with surrounding residential neighborhoods. To achieve the goals expressed by Council and the Central District Plan, staff recommends maintaining the current allowed uses, the height limit of 45 feet and FAR (floor area ratio) of 2, but applying the same Central Business site development standards as apply in the CB -5 Zone, which also includes the possibility for additional floor area bonuses (up to an FAR of 3) to encourage development of quality buildings that will enhance the commercial character of these peripheral central business areas. Standards for Auto Repair in the Intensive Commercial (CI -1) Zone The CI -1 Zone is intended to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. While this zone is intended for these types of uses, it also contains standards to buffer the negative aspects of allowed uses from adjacent residential areas. 'The CB -2 Zone allows a few more auto - serving uses than the CB -5 and CB -10 Zones, including auto repair and drive- through facilities, by special exception. Page 4 Vehicle Repair uses are a good fit in the CI -1 Zone. However, the same site development standards are applied for vehicle repair uses in the CI -1 Zone as apply in other less intense commercial zones. In Staffs view one of these standards has proved to be too restrictive for the CI -1 Zone. The code currently requires that any property containing a vehicle repair use be located at least 100 feet from any residential zone boundary. It has come to our attention that as a result of this standard, which was adopted in 2005, a number of existing auto repair businesses have been classified as "nonconforming uses," and would not be allowed to expand. In addition, new auto repair businesses may not locate areas that have traditionally included these types of uses. Therefore, staff recommends eliminating the distance requirement in the CI -1 Zone and replacing it with a standard that prohibits outdoor work activities between the hours of 10 PM and 7AM and includes a noise standard for indoor work activities during nighttime hours for those auto repair businesses located in a CI -1 Zone that abut a residential zone boundary. Staff believes that this standard along with the existing screening standards will be a more appropriate and reasonable standard for auto repair uses in the CI -1 Zone. Amendments to Clarify or Correct Code Language In all Commercial Zones, if a side or rear setback is provided where not required, the side or rear setback must be at least 5 feet. This standard was carried over from the old code, but has proved unworkable in a number of recent developments. It is not clear what purpose this standard is serving, since current building code standards regulate proximity of buildings, standards for noncombustible materials and other related fire code standards, so it is unnecessary for this standard to be in the zoning code. Staff recommends deleting it. As a result of the zoning code that was adopted in 2005, permission for locating required parking on a separate lot in most commercial zones can now be granted administratively without the need for a special exception. However, a cross reference acknowledging this change is missing from the Accessory Use article of the code. Staff recommends correcting this oversight. Recommendation Staff recommends that the zoning code be amended as indicated on the following pages. The underlined text is the suggested new language and strike - through notation indicates text that will be deleted. All other language in the subject code section will remain unchanged. Approved by: Department of Planning and Community Development Amend 14 -2C -8, CB -5 and CB -10 Zone Site Development Standards, as follows: A. Purpose The following site development standards are intended to help ensure that the City's Central Business District develops as an attractive, compact urban area. The standards ensure that parking facilities are integrated into the design of developments so that streets are safe and attractive for pedestrians. Particular attention is focused on street -level building facades in order to prevent fortress -like facades, monotonous streetscapes, and to enhance public safety by providing opportunities for surveillance of the street from the interior of buildings. Excellence in design is encouraged in order to enhance and maintain economic development opportunities in the downtown area. B. Applicability and Procedure The standards of this Section apply to all development in the CB -2. CB -5 and CB -10 Zones. C. CB -2, CB -5 and CB -10 Site Plan Review Procedure 1. Prior to submitting a request for site plan review, the developer must participate in a pre - application conference with the Director of Planning and Community Development or designee to discuss the application of the G3­5 and GB 10 Zene Central Business Site Development Standards to the subject property. 2. Review for compliance with the standards and requirements of this Section will occur concurrently and as a part of the site plan review process. 3. Alternative design solutions may be approved if it is demonstrated that the alternatives meet the intent of this Section. D. Minimum Setback 1. A setback is not required, except for buildings that abut Burlington Street. 2. The first story of buildings that abut Burlington Street must be set back 10 feet from the right -of -way line. Building columns supporting upper stories may be located within this 10 -foot setback, provided that an adequate pedestrian passageway is maintained. 3. Doorways adjacent to a right -of -way must be set back so that doors do not swing into a right -of -way. Similarly, stairways and ramps must not be located in a right -of- way. E. Maximum Setback 1. No portion of the first story of a building shall be set back more than 12 feet from the a front or streetside lot line, or a lot line that abuts City Plaza. If a setback is provided, the setback area must be used for one or more of the following purposes: a. Building facades that are recessed in accordance with the articulation standard in subsection L, below; b. Building entrances, including stoops, stairways and ramps; C. Trees and landscaping; d. Pedestrian plazas; e. Arcades; f. Public art; g. Sidewalk cafes. 2. In the CB 10 Zone to prevent unsafe unkempt spaces between buildings, the first two stories of a building must be built to the side lot line unless the subject building wall abuts an alley or usable outdoor space such as a plaza green courtyard, or mid block pedestrian passage Minor adjustments to this standard may be approved by the Building Official to account for irregular lot lines or to accommodate structural reguirements such as installing footings or foundations, or to maintain the structural integrity of an adjacent building as long as the intent of this standard is achieved. F. Parking in the CB -10 Zone Off - street parking is strictly regulated in the CB -10 Zone according to the procedures and standards listed in Article 14 -5A, Off- street Parking and Loading Standards. G. Surface parking location standards in the CB -2 and CB -5 Zones If surface parking and loading areas are provided on the street level, they must be subordinate to a principal use allowed in the zone. Therefore, the following standards apply: 1. Location a. Parking and loading is not permitted for the first 30 feet of lot depth as measured from the front building line. Surface parking, parking within accessory structures, and all loading and unloading facilities must be located behind principal building(s) and concealed from view of fronting streets. Parking and loading areas may not be located between the building and the street or within any side setback area. b. Parking and loading areas must be set back at least 5 feet from any side or rear lot line that abuts a non - residential zone. Any specific locations along a side or rear lot line where a parking area, aisle or drive is shared with an abutting lot may be exempted from this standard. C. Parking and loading areas must be set back at least 10 feet from any rear or side lot line that abuts a Residential Zone. 2. Drives a. Vehicular access to parking should be located and designed to minimize traffic congestion and hazards to pedestrians and to preserve street frontages for active building uses. If available, alley or rear lane access is preferred. If alley access is not feasible due to topographical limitations or other unique circumstances, driveway access from a street may be allowed, but must be designed in a manner that will best meet the objectives listed in this subparagraph. b. Drives that are internal to a parking area, including drives that provide circulation around the perimeter of a parking area are considered part of the parking area and must meet the location standards for parking areas as specified above. Drives that are external to a parking area must be set back at least 3 feet from any abutting property that is zoned non - residential, unless the drive is pitched or curbed and drained to prevent the flow of water onto adjoining property or unless a drainage course has been established along lot lines to handle storm water run -off. Any specific locations along a side or rear lot line where a drive is shared with an abutting lot may be exempted from these standards. C. Drives that are external to a parking area must be set back at least 10 feet from any abutting property that is zoned Residential. 3. Landscape Screening n 11d.' r.........y, .... .._ -.._. _. - -- i b. Any portion of a surface parking area that is not completely concealed from view of a fronting street must be screened to the S2 standard (See Article 14 -5F, Screening and Buffering Standards). Parking areas, loading areas, and drives must be screened from view of abutting properties to at least the S2 standard. Additional screening is required for properties that abut properties zoned Residential. Parking areas, loading areas, and drives must be screened from view of any abutting property zoned Residential to at least the S3 standard. The City may exempt from this landscaping requirement any specific locations along a side or rear lot line where a parking area, aisle or drive is shared with an abutting lot. C. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human -made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. H. LandscaRin4 All areas of the site that are not used for buildings parking vehicular and pedestrian use areas sidewalk cafes and plazas must be landscaped with trees and /or Dlant materials. A landscaping plan for such areas must be submitted for site plan review. I. Drive - Through Facilities Drive - through facilities are not permitted in the CB -5 and CB -10 Zones. J. Mechanical Equipment, Utility Meters, and Dumpsters 1. In no case shall mechanical equipment or utility meters be located along the street side of a building. Mechanical equipment and meters must be placed at the rear of the property whenever possible. If this cannot be achieved, such equipment may be located along the side of the building, provided that the equipment is screened and set back according to the provisions for mechanical structures set forth in Article 14- 4C, Accessory Uses and Buildings. 2. Dumpsters and recycling bins must be located in areas that are not visible from public streets and may not be located in a right -of -way. K. Outdoor Storage and Display 1. Outdoor storage and display areas are not permitted in the Ckj CB -5 and CB -10 Zones, except for approved Temporary Uses (see Article 14 -4D of this Title) and Special Exceptions (see Article 14 -4B of this Title). 2. The storage of combustible or flammable materials or liquids is strictly regulated according to the provisions of Article 14 -5H, Performance Standards, and according to the International Fire Code, as amended. L. Commercial Space 1. On the ground level floor of a building the floor to structural ceiling height must be at least 14 feet. 2. In the CB 10 Zone on the second floor of a building the floor to structural ceiling height must be at least 11 feet. 3. In the C13-2 and C13-5 Zones the first floor of a building must meet the Building Code specifications for commercial uses. In the CB -10 zone for the first two floors of a building construction must meet the Building Code specifications for commercial uses. M. Building Entrances 1. Primary building entries must be distinguished by at least two of the following means: a. Canopies or awnings; b. Recesses; C. Raised cornice or similar architectural features; d. Architectural details, such as tile work and moldings that are integrated in the building structure and design. 2. To encourage commercial activity at the street level, entrances to storefronts must be at grade and the ground -level floor height should be no more than one foot above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground -level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground -level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street - facing building facade. 3. To provide safe access for residents within a mixed -use building, any building containing a residential use must have at least one door located on the on the exterior of the building that provides pedestrian access to the dwelling units within the building Said entrance must be located on a building wall that faces a street, public sidewalk or pedestrian plaza and is visible from and easily accessed from said street sidewalk or plaza Access to dwelling units must not be solely through a parking garage or from an alley. N. Stmet level Wand ,. Minimum Fenestration 1. Along any street facing building facade and along any portion of a storefront facade that abuts a pedestrian plaza, a minimum of 50 percent of the building facade between 2 and 10 feet in height from the adjacent exterior grade must be comprised of transparent windows and doors. Such windows must allow views into the interior space or be storefront display windows that are set into the wall. Display cases attached to the outside building wall do not qualify. Ideally, the bottom of such storefront windows should be no more than 2 feet above the level of the adjacent exterior grade However, on sloping sites where it is difficult to meet this 2-foot standard the height above grade may vary, but shall not exceed 4 feet above the level of the adjacent sidewailE exterior grade (See Figure 2C.2). Glazing shall be clear glass with no more than ten percent daylight reduction (tinting) Glazing shall not be reflective (mirrored). 2. In the CB -10 Zone to encourage office and other commercial uses on the second floor of a building no less than 30% of any second floor facade that faces a public street or pedestrian plaza shall be comprised of windows. Glazing shall not be reflective (mirrored. O. Building Articulation 1. For buildings greater than 50 feet in width, the horizontal plane of any street - facing facade of the building must be broken into modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: (1) Variation in the wall plane by recessing a building module from the adjacent building module; (2) Variation in material colors, types or textures; (3) Variation in the building and /or parapet height; (4) Variation in the architectural details such as decorative ilap sters, banding, reveals, stone or tile accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. 2. For buildings that are 50 feet or less in width, at least every 12 feet in length of the street - facing wall must be articulated by a window, doorway, perceptible change in the wall plane, setback, artwork, or a change in building material. P. Balconies and exterior stairways, corridors and lifts For purposes of this subsection the term," exterior stairways," refers to stairways that lead to floors of a building that are above the first or ground -level floor of a building. "Exterior corridors" refers to unenclosed corridors located above the first or ground -level floor of a building. Balconies and exterior stairways, Exterior corridors and exterior lifts must comply with the following standards: 1. Exterior stairways, exterior corridors, and exterior lifts are prohibited, with the following exceptions. The City will allow exterior lifts on existing buildings that cannot otherwise reasonably meet accessibility requirements, provided the lift is not located on a wall of a building that faces a street or the City Plaza. The City may allow exterior fire egress structures on existing buildings that cannot otherwise reasonably meet code requirements, provided the fire egress structure is not located on a wall of a building that faces a street or the City Plaza. 2. Balconies may not be located on any side of a building that is adjacent to a property that is zoned Single Family Residential. 3. The outer edge of a balcony shall not be closer than 4 feet from a side lot line. 4. The design of any balcony must utilize columns, piers, supports, walls, and railings that are designed and constructed of materials that are similar or complementary to the design and materials used for the rest of the building. Unpainted and unstained lumber is not permitted. Q. Bonus Provisions The following bonus provisions are intended to provide an incentive for developments to incorporate features that provide a public benefit and to encourage excellence in architectural design. Floor area in excess of that allowed by the permitted base floor area or dwelling units in excess of the density otherwise achievable under the provisions of this Article may be granted. The Director of Planning and Community Development will determine whether the proposed features are appropriate in design and location. Decisions of the Director may be appealed to the Board of Adjustment. Bonuses allowed are enumerated in Table 2C -4. Table 2C -4: Bonus Provisions Public Benefit Bonus Allowed CB -2 and CB -5 Zone Masonry finish or architectural metal, not including metal siding, on 0.75 floor area ratio. all non - fenestrated areas of walls visible from a public street. For purposes of this provision, 'masonry' shall be defined as fired brick, stone, or similar such material, not including concrete blocks and undressed poured concrete. Masonry may include stucco or like material when used in combination with other masonry finish. The provision of a theater 5 sq. ft. of floor area for every 1 sq. ft. of theater area. The provision of funds for all street furniture, lighting and 0.25 floor area ratio. landscaping improvements along adjacent street right -of -way in accordance with the any streetscape plan approved by the City. Provision of pedestrian activity areas, such as sidewalk cafes, 3 sq. ft. of floor area for every 1 sq. ft. of pedestrian adjacent to but not in the public right -of -way, provided such areas activity area. do not exceed a depth of 12 feet from the front lot line. Usable open space of size and at a grade that, at a minimum, 2 sq. ft. of floor area for every 1 sq. ft. of usable open allows passive recreational uses and is accessible to all residential space. occupants of a building. Such space may include areas such as yards, courtyards, terraces, and rooftop gardens designed and improved for outdoor activities. Balconies serving individual dwelling units and required setback areas are not eligible for this bonus. Adaptive reuse of any property designated as an Iowa City Up to 3 sq. ft. of floor area for every 1 sq. ft. of floor area Landmark, eligible for landmark designation, registered on the reused. Additional floor area may be constructed on the National Register of Historic Places, or listed as a historically vacant portions of the property that is being reused or on significant building as determined by the Survey and Evaluation of abutting properties. the historic and architectural resources for the vicinity. CB -10 Zone Provision of an off - street loading area that meets the requirements An additional 2.0 floor area ratio, not to exceed 12. set forth in Article 14 -5A, Off- street Parking and Loading Requirements. Amend Table 2C -2(a), as follows: Table 2C -2(a): Dimensional Requirements for all Commercial Zones, except the MU Zone Maximum Minimum Lot Requirements Minimum setbacks Setbacks Building Bulk Area/ Min Zone Total dwelling Width Min. Front Side Rear Front Max Ht. FAR Area Area unit (ft.) Frontage (�) (ft) (ft.) (ft) H t. tt.) ( (tt) (ft) (s.f.) CO -1 none 2,725 none none 10 0' 0' none 258 none 1 or 33 CN -1 none 1,800 none none 5 0' 0' See Section 14 -2C -7E 22 or 352 18 1 CH -1 none n/a 100 none 10 0' 01 none none none 1 CI -1 none n/a none none 10 0' 0' none 35 none 1 CC -2 none 2,725 none none 10 0' 0' none 35 none 2 NGAe CB -2 none 875 none none 0 0' 0' 45 none 22 CB -5 none none none none 0 or 104 01 0' 12 75 25 35 CB -10 none none none none 0 or10^ 0' 0' 12 none 25 108 Notes: n/a = not applicable 1 A side setback or rear setback is not required where the side lot line or rear lot line abuts a nonresidential zone. However, where a side lot line or rear lot line abuts a Residential Zone, a setback at least equal to the required setback in the abutting Residential Zone must be provided along the Residential Zone boundary. 2 Maximum height is 22 feet for one -story buildings, with the following exception. One -story buildings may exceed 22 feet in height if there are clerestory windows facing the street that give the appearance of second floor space. The maximum height for all other buildings is 35 feet. 3 Maximum FAR is 1, except for lots across the street from RM, C, or I Zones. The maximum FAR is 3 for lots across the street from RM, C, or I Zones. ^ A front setback is not required, except for buildings that front on Burlington Street. Buildings must be set back at least 10 feet from the Burlington Street right -of -way. Building columns supporting upper stones may be located within this 10400t setback provided an adequate pedestrian passageway is maintained. 5 Maximum FAR is 3, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a maximum of 5. 5 Maximum FAR is 10, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a maximum of 12. 7Maximum FAR is 2 except for lots with an approved FAR bonus For lots with approved FAR bonuses the FAR may be increased up to a maximum of 3. 8 Additional height is allowed under certain circumstances. See Section 14- 2C- 4C- 1d(2). Amend 14 -2C -6, Commercial Site Development Standards, as follows: 14 -2C -6 Commercial Site Development Standards A. Purpose The Commercial Site Development Standards ensure that commercial development is compatible in scale and intensity to the surrounding development, unsightly elements are screened from public view, and that safe pedestrian and vehicular circulation is established. B. Applicability 1. The standards of this Section apply to all development in the CO -1, CC -2, CI -1, and CH -1, and GB 2 Zones, unless specifically exempted. 2. Development in the CN -1 Zone is subject to the CN -1 Site Development Standards specified in Section 14 -2C -7. 3. Development in the CB -2, CB -5 and CB -10 Zones is subject to the GB ` and GB 40 Central Business Site Development Standards specified in Section 14 -2C -8. 4. Development in the MU Zone is subject to the MU Zone Site Development Standards specified in Section 14 -2C -9. C. Site Plan Review Procedure Review for compliance with the standards and requirements of this Section will occur as a part of the site plan review process (See Title 18 of the City Code). D. Surface Parking Lot Setback Requirements 1. Front setback requirements Parking and loading areas must be set back at least 10 feet from any front and street -side lot lines. However, any loading area, parking spaces or aisles located within 50 feet of a Residential Zone boundary must be set back at least 20 feet from the front or street -side lot line. 2. Side and rear setback requirements Parking and loading areas must be setback at least 5 feet from any (non- street -side) side or rear lot line. However, parking and loading areas must be set back at least 10 feet from any side or rear lot line that abuts a property zoned Residential. The City may exempt from these setback regulations any specific locations along a lot line where a parking area, aisle or drive is shared with an abutting lot. 3. Drives a. Drives that are internal to a parking area, including drives that provide circulation around the perimeter of a parking area are considered part of the parking area and must meet the setback standards as specified above. Drives that are external to a parking area must be set back at least 3 feet from any abutting property that is zoned non - residential, unless the drive is pitched or curbed and drained to prevent the flow of water onto adjoining property or unless a drainage course has been established along lot lines to handle storm water run -off. Any specific locations along a side or rear lot line where a drive is shared with an abutting lot may be exempted from these standards. b. Drives that are external to a parking area must be set back at least 10 feet from any abutting property that is zoned Residential. E. Drive - Through Facilities Drive - through facilities are regulated as an accessory use and are only allowed in certain zones according to the provisions specified for drive - through facilities in Article 14 -4C, Accessory Uses and Buildings. F. Pedestrian, Bicycle, and Vehicular Circulation The site must be designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation according to the following standards: 1. Pedestrian walkways must be provided between principal buildings and abutting rights of way. The walkways provided on -site must connect to adjacent public sidewalks and trails. 2. On commercial sites with multiple buildings, sidewalks or other approved pedestrian routes must be provided between the principal buildings on the site. The City may exempt commercial sites where pedestrian traffic between buildings is rare or unlikely. 3. Pedestrian routes must be provided on -site that connect parking areas to building entrances. Pedestrian routes from and through parking areas to principal building entrances must be identified on the site plan and integrated into the parking lot design. 4. Pedestrian routes must be continuous, clear of obstructions, and easily identifiable as protected pedestrian routes. Landscaping, curbing, raised paving, bollards, distinctive paving materials, and other similar means may be used to separate and protect pedestrian routes from vehicular traffic. 5. Bicycle parking facilities must be located in areas convenient to building entrances, but must be located so as not to impede pedestrian or vehicular traffic. G. Landscaping and Screening 1. All areas of the site that are not used for buildings, parking, vehicular and pedestrian use areas, sidewalk cafes and plazas, must be landscaped with trees and /or plant materials. A landscaping plan must be submitted for site plan review. 2. Surface parking areas, loading areas, and drives must be screened from view of public rights -of -way to at least the S2 standard (See Article 14 -5F, Screening and Buffering Standards). 3. Surface parking areas, loading areas, and drives must be screened from view of abutting properties to at least the S2 standard. Additional screening is required for properties that abut properties zoned Residential. Parking areas, loading areas, and drives must be screened from view of any abutting property zoned Residential to at least the S3 standard. The City may exempt from this landscaping requirement any specific locations along a side or rear lot line where a parking or loading area, aisle or drive is shared with an abutting lot. 4. Where a lot occupied by a Commercial or Industrial Use abuts or is across a street or railroad right -of -way from a Residential Zone, Daycare Use, Educational Facility, Parks and Open Space Use, or the Iowa River, any parking and loading areas and outdoor work and storage areas must be located behind buildings or screened from view of said uses and zones to at least the S3 standard. 5. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human -made features, such that the screening is effectively provided and the intent of the standard is met, as determined by the Building Official. H. Mechanical Structures All mechanical structures must be set back and screened from public view according to the applicable provisions set forth in Article 14 -4C, Accessory Uses and Buildings. I. Outdoor Storage and Display 1. In the CO -17 and CC- 2,, and GB-2 Outdoor storage and display of materials is not permitted in the CO -1 or CC -2, er-CB- -2-Zones, except for the following: ' a. Outdoor display of merchandise for immediate sale is permitted in areas immediately adjacent to a principal building. However, the display area may not be located along any building wall that is within 20 feet of a public street and may not be located in a manner that obstructs building entrances and exits, sidewalks, bicycle parking areas, pedestrian routes, or vehicular use areas. b. An approved Temporary Use. A temporary use permit is required (See Article 14 -4D). C. In the CC -2 Zone, an approved Outdoor Storage and Display- Oriented Retail Use. Amend 14- 48 -4A -7, as follows: 7. Multi - Family Uses in the CO -1, CN -1, CC -2, CB -2, CB -S, CB -10 Zones a. Location The proposed dwellings must be located above the street level floor of a building, except as provided in subparagraph e., below. b. Maximum Density (1) In the CO -1 and CC -2 Zones: 1 dwelling unit per 2,725 square feet of lot area. (2) In the CN -1 Zone: 1 dwelling unit per 1,800 square feet of lot area. (3) In the CB -2 Zone: 1 dwelling unit per 875 square feet of lot area. (4) In the CB -5 and CB -10 Zones: No maximum. C. Residential Entrances (1) To provide safe access for residents within a mixed -use building, any building containing a Residential Use must have at least one door on the on the exterior of the building that provides pedestrian access to the dwelling units within the building. Said entrance must be located on a building wall that faces a street public sidewalk or pedestrian plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access to dwelling units must not be solely through a parking garage or from an alley. (2) Access to entrance doors of any individual dwellings units above the ground level must be provided from an enclosed lobby or corridor and stairway. Unenclosed or partially enclosed exterior stairways are prohibited. However, the City may allow exterior fire egress structures on existing buildings that cannot otherwise reasonably meet code requirements, provided the fire egress structure is not located on a wall of a building that faces a street. (3) To facilitate commercial uses at the street level, the ground -level floor height should be no more than one foot above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground -level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground -level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street - facing building facade. d. Standards for the Ground Level Floor of the Building (i) On the ground level floor, the floor to ceiling height must be at least 14 feet. (2) For the ground level floor of the building, construction must meet the Building Code specifications for commercial uses. (3) In the CB -10 zone for the first two floors of a building, construction must meet the Building Code specifications for commercial uses. e. CB -10 Exception In the CB -10 Zone, except as prohibited in subsubparagraph (4), below, the Board of Adjustment may grant a special exception for Multi - Family Dwellings to be located on or below the street level floor of a building, provided that the following criteria are met. (1) The proposed dwellings will be located on a property designated as an Iowa City Historic Landmark. A rehabilitation plan for the property has been reviewed and approved by the Iowa City Historic Preservation Commission. The rehabilitation of the property must be completed according to this plan before an occupancy permit is granted. (2) The proposed dwellings will not significantly alter the overall commercial character of the CB -10 Zone. (3) There are site conditions or building characteristics that make the street level of the subject building or buildings unsuitable for other uses allowed in the CB -10 Zone. (4) If an existing building on a landmark property includes three or more of the following commercial storefront characteristics, dwellings are prohibited on or below the street level floor of that building: (a) The main entrance to the building is at or near grade; (b) The front fagade of the building is located within ten feet of the front property line; (c) The front fagade of the building contains ground floor storefront or display windows; and (d) The street level floor of the building was originally constructed to accommodate Sales- Oriented and Personal Service- Oriented Retail Uses and /or has historically been used for these purposes. Amend 14- 5A -3D, CB -10 Zone, as follows: D. CB -10 Zone 1. Off- street parking is not required for any Use, except Household Living Uses, as specified in Table 5A -1. 2. Private, off- street parking is permitted only after approval of a special exception, except for Hospitality- Oriented Retail Uses and Household Living Uses as specified in the following paragraphs. 3. Hospitality- Oriented Uses are allowed up to 1 -1/4 parking spaces for each guest room and parking spaces equal to 1/3 the occupant load of any meeting or convention facilities without going through the special exception process. Any parking spaces allowed under this maximum must meet the standards specified in subparagraphs 5b. through e., below. Any parking spaces requested beyond this maximum must be approved by the Board of Adjustment as a special exception and meet all of the approval criteria listed in paragraph 5, below. 4. Household Living Uses must provide parking according to the specified requirement in Table 5A -1. The parking must meet the standards specified in subparagraphs 5b. through e., below. If it can be demonstrated that there is practical difficulty providing the required parking for Household Living Uses on site, off -site parking prepesed for Household Living Uses may be approved by special exception according to the provisions of 14- 5A -4F, Alternatives to Minimum Parking Requirements. 5. In addition to the general special exception approval criteria specified in Article 14- 46, applications for a special exception for private off- street parking in the CB -10 Zone must meet the following specific approval criteria: a. The applicant must demonstrate through a parking demand analysis that the number of parking spaces requested does not exceed the demand for parking for the specific building or project proposed and that the parking demand cannot be satisfied through the public parking system. Short term parking demand is preferred to be satisfied through the public parking system. b. Surface parking is not permitted. C. Underground parking is preferred over above - ground structured parking. The design of any underground parking must not detract from or prevent active building uses on the ground -level floor of the building. To that end, the ceiling height of any underground parking level may not extend more than 1 foot above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street - facing building facade. d. Above - ground structured parking may be approved only by special exception according to the standards in subparagraph e., below. e. Where parking is located within the exterior walls of a building, the following standards apply: (1) The proposed structured parking will not detract from or prevent ground floor storefront uses. Structured parking may be permitted on the ground - level floor of a building, provided that a substantial portion of the ground level floor of the building is reserved for and built to accommodate storefront uses. On the ground level floor of the building, parking is not allowed within the first 50 feet of building depth as measured from the front building line. The Board may reduce this storefront depth requirement if the applicant demonstrates that conditions on the subject property create a practical difficulty in achieving full compliance. In such a case, the applicant must demonstrate that the resulting alternative storefront space, both the interior and exterior, will be of a quality in both design and materials that will enhance the commercial character of the Central Business District. To mitigate for loss of ground floor commercial space, the Board may also require additional auality commercial space be included on an upper floor or mezzanine level and said space reserved for non - residential uses. (2) Vehicular access to parking within buildings must be from a rear alley or private rear lane, whenever feasible. Garage openings along the primary street frontage are not permitted if access is feasible from another street or from a rear alley, private street or private rear lane. If there is no other feasible alternative, a garage opening may be allowed along the primary street frontage, if the Board determines that the opening(s) will not detract from or unduly interrupt pedestrian flow along the street and traffic and pedestrian safety will not be compromised. Garage openings shall be built to the minimum width necessary for access. (3) Any exterior walls of a parking facility that are visible from a public or private street must appear to be a component of the facade of the building through the use of building materials, window openings and fagade detailing that is similar or complementary to the design of the building. (4) Each entrance and exit to the parking area must be constructed so that vehicles entering or leaving the parking area are clearly visible to a pedestrian on any abutting sidewalk at a distance of not less than 10 feet. Stop signs and appropriate pedestrian warning signs may be required. Amend 14- 5A -5F, Standards for Structured Parking in Multi - Family and Commercial Zones F. Standards for Structured Parking in Multi- Family and Commercial Zones The following standards apply to structured parking in all Multi - Family Zones and all Commercial Zones, except the CB -10 Zone. Standards for structured parking in the CB -10 Zone are specified in Subsection 14- 5A -3D, above. 1. In the CN -1, CB -2, CB -5, and the MU Zones the ground -level floor of a building is reserved primarily for principal uses allowed in the zone. Therefore, any parking located with the exterior walls of the building must meet the following standards: a. Structured parking is not permitted on the ground -level floor of the building for the first 30 feet of lot depth as measured from the minimum setback line. In the CN -1 Zone it is measured from the "build -to" line. . � C. The ceiling height of any underground parking may extend no more than 1 foot above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground -level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground -level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street - facing building fagade. Amend 14- 4B- 4B -23, Vehicle Repair in the CC -2, CI -1, CH -1, and CB -2 Zones, as follows: 23. Vehicle Repair in the CC -2, CI -1, CH -1, and CB -2 Zones a. The property containing the Vehicle Repair Use must be located at least 100 feet from any Residential Zone boundary, except in the CB -2 and CI -1 Zones. In the CB -2 Zone, the property containing the Vehicle Repair Use must be located at least 70 feet from any Residential Zone boundary. In the CI -1 Zone, if a Vehicle Repair Use is located on a.property that abuts a residential zone boundary, the use must comply with the following additional standard: (1) In addition to the applicable Noise Control provisions set forth in City Code Section 6 -4 -3 all outdoor work operations are prohibited between the hours of 10 PM and 7 AM. Any indoor operations that result in noise exceeding 60 dba as measured at the residential zone boundary are prohibited between the hours of 10 PM and 7 AM. b. No vehicle shall be stored on the property for more than 45 continuous days. C. The site must be designed to minimize views of vehicular use areas from the public right -of -way and from adjacent properties. (1) Outdoor storage areas, including storage of vehicles to be repaired, must be concealed from public view to the extent possible. If it is not feasible to conceal the storage areas behind buildings, the storage areas must be setback at least 20 feet from any public right -of -way, including public trails and open space, and screened from public view to at least the S3 standard. (2) Other vehicular use areas that abut the public right -of -way, including parking and stacking spaces, driveways, aisles, and service lanes, must be set back at least 10 feet from the public right -of -way and landscaped according to the S2 standard. (3) All outdoor storage areas that abut other properties must be fenced to the S5 standard and screened to at least the S3 standard (See Article 14 -5F, Screening and Buffering Standards). Landscape screening must be located between the fence and the abutting property. The landscape screening requirement may be waived by the Board of Adjustment (in the case of a special exception) or by the Building Official, upon presentation of convincing evidence that a planting screen cannot be expected to thrive because of intense shade, soil conditions, or other site characteristics. The presence of existing pavement, by itself, shall not constitute convincing evidence. outdoor work and storage areas must be located behind buildings or screened from view of said uses and zones to at least the S3 standard. 5. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human -made features, such that the screening is effectively provided and the intent of the standard is met, as determined by the Building Official. H. Mechanical Structures All mechanical structures must be set back and screened from public view according to the applicable provisions set forth in Article 14 -4C, Accessory Uses and Buildings. I. Outdoor Storage and Display 1. In the CO -11, and CC -2 Res Outdoor storage and display of materials is not permitted in the CO -1 or CC -2-,-e� 2LZones, except for the following: a. Outdoor display of merchandise for immediate sale is permitted in areas immediately adjacent to a principal building. However, the display area may not be located along any building wall that is within 20 feet of a public street and may not be located in a manner that obstructs building entrances and exits, sidewalks, bicycle parking areas, pedestrian routes, or vehicular use areas. b. An approved Temporary Use. A temporary use permit is required (See Article 14 -4D). C. In the CC -2 Zone, an approved Outdoor Storage and Display- Oriented Retail Use. Delete subparagraph 14- 2C- 48 -3a., Side and Rear Setbacks 111 Amend Subsection 14- 4C -1D., os follows: Article C. Accessory Uses and Buildings 14-4C-1 General Approval Criteria Accessory uses, buildings or other structures customarily incidental to and commonly associated with a permitted use, provisional use or special exception are permitted, provided they are operated and maintained according to the following standards: A. The accessory use is subordinate to the principal use of the property and contributes to the comfort, convenience or necessity of occupants, customers, or employees of the principal use; B. The accessory use, building or structure is under the same ownership as the principal use or uses on the property; C. The accessory use, building or structure does not include structures, structural features, or activities inconsistent with the uses to which they are accessory; D. Except for off- street parking located on a separate lot as approved according to the provisions set forth in subsection 14- 5A -4F, Alternatives to Minimum Parking Requirements, thFeugh a speeial emeep , the accessory use, building, or structure is located on the same lot as the principal use or uses to which it is accessory; and E. The accessory use, building, or structure conforms to the applicable base zone regulations and to the specific approval criteria and development standards contained in this Article. tea. =� 6e Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, PARAGRAPH 14- 4B- 4B -23, TO MODIFY THE STANDARDS FOR VEHICLE REPAIR USES IN THE INTENSIVE COMMERCIAL ZONE WHEN LOCATED ADJACENT TO A RESIDENTIAL ZONE. WHEREAS, the Intensive Commercial (CI -1) Zone is intended to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed; and WHEREAS, the CI -1 Zone is intended for the aforementioned types of uses, it also contains standards to buffer the negative aspects of allowed uses from adjacent residential areas; and WHEREAS, Vehicle Repair uses are a common use in the CI -1 Zone; and WHEREAS, a new distance requirement between Vehicle Repair Uses and Residential Zones was adopted in 2005 in the CI -1 Zone and in other less intensive commercial zones; and WHEREAS, due to adoption of the aforementioned distance requirement a number of existing Vehicle Repair Uses located in the CI -1 Zone have been classified as nonconforming uses, so would not be allowed to expand, nor would new Vehicle Repair Uses be allowed to locate in areas that have traditionally included these types of uses; WHEREAS, the Planning and Zoning Commission has reviewed the aforementioned distance requirement and found it to be too restrictive for a zone that is intended to provide location opportunities for vehicle repair uses; and WHEREAS, the Planning and Zoning Commission also found that other alternative standards to protect nearby residential uses from potential externalities, such as noise and late night operations, would be more appropriate for vehicle repair uses in the CI -1 Zone than a strict distance standard; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting zoning code subparagraph 14- 413- 413-23a., and substituting in lieu thereof: a. The property containing the Vehicle Repair Use must be located at least 100 feet from any Residential Zone boundary, except in the CB -2 and CI -1 Zones. In the CB -2 Zone, the property containing the Vehicle Repair Use must be located at least 70 feet from any Residential Zone boundary. In the CI -1 Zone, if a Vehicle Repair Use is located on a property that abuts a residential zone boundary, the use must comply with the following additional standard: 1) In addition to the applicable Noise Control provisions set forth in City Code Section 6 -4 -3, all outdoor work operations are prohibited between the hours of 10 PM and 7 AM. Any indoor operations that result in noise exceeding 60 dba as measured at the residential zone boundary are prohibited between the hours of 10 PM and 7 AM. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be Ordinance No. Page 2 adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 2011. MAYOR ATTEST: CITY CLERK Approved by / City Attorney's Office f-12-,I,, Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 10/4/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 r-.� Mp ORDINANCE NO. —TI AN ORDINANCE AMENDING TITLE 14, ZONING CODE, PARAGRAPH 14 _4113-f, TO MODIFY THE STANDARDS FOR VEHICLE REPAIR USES IN THE INTENSE = F COMMERCIAL ZONE WHEN LOCATED ADJACENT TO A RESIDENTIAL ZQI*. WHEREAS, t e Intensive Commercial (CI -1) Zone is intended to provid&-.areas qr those sales and service unctions and businesses whose operations ar typically charact'r- by outdoor display an storage of merchandise, by repair and sales f large equipment or motor vehicles, by ou t doo commercial amusement and recreationa activities or by activities or operations conducted i buildings or structures not completely a closed; and ed types of uses, it also contains adjacent residential areas; and CI -1 Zone; and WHEREAS, the CI -1 one is intended for the aforeme standards to buffer the ne tive aspects of allowed uses ft WHEREAS, Vehicle Rep it uses are a common use in WHEREAS, a new distar Zones was adopted in 2005 in requirement between /�/ehicle Repair Uses and Residential CI -1 Zone and in of r less intensive commercial zones; and WHEREAS, due to adoption f the aforeme existing Vehicle Repair Uses locate in the CI -1 2 uses, so would not be allowed to ex rid, nor w� locate in areas that have traditionally in WHEREAS, the Planning and Zoni distance requirement and found it to be location opportunities for vehicle repair us WHEREAS, the Planning and Zon standards to protect nearby residential u-z night operations, would be more approp distance standard; NOW, THEREFORE, BE IT OI CITY, IOWA: SECTION I. The Code of Ordi follows: A. Deleting zoning code sub /a Oned distance requirement a number of ne have been classified as nonconforming Id new Vehicle Repair Uses be allowed to types of uses; mission has reviewed the aforementioned ictive for a zone that is intended to provide \ve mission also found that other alternative frotential externalities, such as noise and late foicle r epair uses in the CI -1 Zone than a strict NED BY THE'CITY COUNCIL OF THE CITY OF IOWA of the City of Nwa City, Iowa is hereby amended as ragraph 14- 413- 413-23a., an substituting in lieu thereof: a. The property con fining the Vehicle Repair Use s from any Resid ti al Zone boundary, except in the CB -2 Zone, th property containing the Vehicle Rep least 70 feet om any Residential Zone boundary. I Repair Use ' located on a property that abuts a resi must com y with the following additional standard: t be located at least 100 feet B -2 and CI -1 Zones. In the r Use must be located at In e CI -1 Zone, if a Vehicle de ial zone boundary, the use 1) In ddition to the applicable Noise Control provisions spt forth in City Code S ction 6 -4 -3, all outdoor work operations are prohibited between the hours f 10 PM and 7 AM. Any indoor operations that result in noise exceeding 60 dba as measured at the residential zone boundary are prohibited between the hours of 10 PM and 7 AM. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be Ordinance No. Page 2 adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EF %CTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publicatPassed and appr day of /2011. MAYOR ATTEST: CITY CLERK by City Attorney's Office m r� sp co FV 6f Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, SUBSECTION 14- 4C -1D, TO CLARIFY A CROSS - REFERENCE REGARDING OFF - STREET PARKING LOCATED ON A SEPARATE LOT FROM THE USE SERVED AND TO DELETE SUBPARAGRAPH 14- 2C -4B- 3a., AN OBSOLETE PROVISION REGARDING SIDE AND REAR BUILDING SETBACKS IN COMMERCIAL ZONES. WHEREAS, updates to processes in the zoning code related to approval of off - street parking located on a separate lot were adopted in 2005 that allow administrative approval of such off -site parking when located in commercial zones; and WHEREAS, a cross - reference in Article 14 -4C, Accessory Uses and Buildings, needs to be changed to reflect the aforementioned update adopted in 2005; and WHEREAS, from time to time, zoning ordinance provisions are reviewed to make sure they are still relevant and effective; and WHEREAS, zoning code subparagraph 14- 2C- 4B -3a., which is related to side and rear building setbacks in commercial zones, has been found to be obsolete, since the purpose for which this provision was originally adopted is now addressed more clearly and effectively in the Fire Code; WHEREAS, the Planning and Zoning Commission has reviewed these minor clarifications and corrections to the zoning code and recommend approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting zoning code subparagraph 14- 2C- 4B -3a. in its entirety; and B. Deleting zoning code subsection 14 -4C -1 D, and substituting in lieu thereof: D. Except for off - street parking located on a separate lot as approved according to the provisions set forth in subsection 14- 5A -4F, Alternatives to Minimum Parking Requirements, the accessory use, building, or structure is located on the same lot as the principal use or uses to which it is accessory; and SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 2011. MAYOR Approved by Ordinance No. Page 2 ATTEST: CITY CLERK Z City Attorney's Office 2(p I Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 10/4/2011 Vote for passage: AYES:. .Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 0 Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City,j240 ORDINANCE NO. ` AN ORDINANCE AMENDING TITLE 14, ZONING CODE, SUBSECTION 14 -4Cf% CLARIFY ACROSS- REFERENCE REGARDING OFF -BYRE T PARKING L6CATE ON A SEPARATE LOT FR M THE USE SERVED AND TO DELET SUBPARAGRAPH 14- 2C -4B- 3a., AN OBSOLETE ROVISION REGARDING SIDE AND AR BUILDING SETBACKS IN COMMERCIAL ZONE . WHEREAS, update to processes in the zoning co a related to approval of off - street parking located on a sep rate lot were adopted in 200 that allow administrative approval of such off -site parking when cated in commercial in nd WHEREAS, a cross -refe nce in Article 144C, A essory Uses and Buildings, needs to be changed to reflect the aforeme tioned update adopt in 2005; and WHEREAS, from time to tim , zoning ordinanc provisions are reviewed to make sure they are still relevant and effective; an WHEREAS, zoning code subp ragraph building setbacks in commercial zon s, has which this provision was originally ado ted is Fire Code; WHEREAS, the Planning and Zoning c and corrections to the zoning code and re NOW, THEREFORE, BE IT ORDAI D CITY, IOWA: SECTION I. The Code of Ordina es of follows: 14 2C- 4B -3a., which is related to side and rear en found to be obsolete, since the purpose for ow addressed more clearly and effectively in the mission has reviewed these minor clarifications end approval. THE CITY COUNCIL OF THE CITY OF IOWA City of Iowa City, Iowa is hereby amended as A. Deleting zoning code subpa graph 14- 2C -3a. in its entirety; and B. Deleting zoning code subs ction 14 -4C -1 D, a d substituting in lieu thereof: D. Except for off -stre parking located on a s arate lot as approved according to the provisions et forth in subsection 14 A -4F, Alternatives to Minimum Parking Require ents, the accessory use, bu ding, or structure is located on the same lot a the principal use or uses to whi h it is accessory; and SECTION II. REPE LER. All ordinances and parts of ordi nces in conflict with the provisions of this Ordinance are reby repealed. SECTION III. S ERABILITY. If any section, provision o part of the Ordinance shall be adjudged to be inv, id or unconstitutional, such adjudication sh II not affect the validity of the Ordinance as a hole or any section, provision or part the eof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in ect after its final passage, approval and publication. Passed and approved this day of , 201'1. MAYOR Approved by J Ordinance No. Page 2 ATTEST: i 69 Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TABLE 2C -2(a); SECTION 14 -2C -6, SECTION 14 -2C -8, AND PARAGRAPH 14- 4134A -7, TO ESTABLISH DIMENSIONAL AND COMMERCIAL SITE DEVELOPMENT STANDARDS IN THE CENTRAL BUSINESS SERVICE (CB -2) ZONE SIMILAR TO STANDARDS APPLIED IN THE OTHER CENTRAL BUSINESS ZONES, AND TO CLARIFY AND ESTABLISH SETBACK AND ENTRANCE REQUIREMENTS, PROVIDE ADDITIONAL FLEXIBILITY FOR PARKING LOCATION, AND MODIFY CONSTRUCTION STANDARDS TO ACCOMMODATE UPPER FLOOR COMMERCIAL USES IN MIXED -USE BUILDINGS IN THE CENTRAL BUSINESS ZONES. WHEREAS, the zoning standards that apply in the Central Business Zones are intended to help ensure that the City's Central Business District develops as a compact urban area that features mixed -use storefront buildings, pedestrian- oriented streetscapes, and attractive and usable public spaces; and WHEREAS, it was determined during the Central District Planning process that the Central Business Service (CB -2) Zone did not have the types of zoning standards that would help achieve the aforementioned goals of the Central Business District; and WHEREAS, one of the goals of the Central District Plan is to adopt new standards for the Central Business Service Zone that are consistent with the other Central Business Zones; and WHEREAS, it is in the best interest of the City to clarify how certain dimensional standards of the Central Business Zone would apply to development that abuts City Plaza; and WHEREAS, it is in the best interest of the City to adopt zoning mechanisms that are flexible enough to foster creative solutions to development or redevelopment of difficult infill sites within the downtown area when there is practical difficulty meeting specific standards or requirements due to site constraints, provided that the intent of such a standard or requirement is met; and WHEREAS, it is the policy of the City to adopt zoning mechanisms that help create opportunities for new commercial development in the Central Business District; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the zoning code and recommend approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend Table 2C -2(a) by deleting "none" and inserting a maximum front setback of 12 feet in the "CB -2" row, and inserting a new footnote number 7, to the FAR standard in the CB- 2 Zone, as follows, and re- numbering the current footnote 7 accordingly: 7. Maximum FAR is 2, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a maximum of 3. B. Delete the heading of Section 14 -2C -8, and substitute in lieu thereof, "Central Business Site Development Standards." C. Delete subsection 14- 2C -8B, and substitute in lieu thereof: B. Applicability and Procedure The standards of this Section apply to all development in the CB -2, CB -5, and CB -10 Zones, unless otherwise noted herein. Ordinance No. Page 2 D. Delete the heading of subsection 14- 2C -8C, and substitute in lieu thereof: C. Site Plan Review Procedure E. Delete paragraph 14- 2C -8C -1, and substitute in lieu thereof: 1. Prior to submitting a request for site plan review, the developer must participate in a pre - application conference with the Director of Planning and Community Development or designee to discuss the application of the Central Business Site Development Standards to the subject property. F. Delete the unnumbered paragraph in 14- 2C -8E, and substitute in lieu thereof: 1. No portion of the first story of a building shall be set back more than 12 feet from a front or streetside lot line, or a lot line that abuts City Plaza. If a setback is provided, the setback area must be used for one or more of the following purposes: G. Add a paragraph 14- 2C -8E -2 as follows: 2. In the CB -10 Zone, to prevent unsafe, unkempt spaces between buildings, the first two stories of a building must be built to the side lot line, unless the subject building wall abuts an alley or usable outdoor space, such as a plaza, green, courtyard, or mid -block pedestrian passage. Minor adjustments to this standard may be approved by the Building Official to account for irregular lot lines or to accommodate structural requirements, such as installing footings or foundations, or to maintain the structural integrity of an adjacent building, as long as the intent of this standard is achieved. H. Delete the heading of subsection 14- 2C -8G, and substitute in lieu thereof: "Surface parking location standards in the CB -2 and CB -5 Zones" I. Delete subparagraph 14- 2C- 8G -1.a, and substitute in lieu thereof: a. Parking and loading are not permitted for the first 30 feet of lot depth as measured from the front building line. Surface parking, parking within accessory structures, and all loading and unloading facilities must be located behind principal building(s) and concealed from view of fronting streets. Parking and loading areas may not be located between the building and the street or within any side setback area. J. Delete subparagraph 14- 2C- 8G -3.a, and renumber remaining subparagraphs accordingly. K. Delete subsections 14 -2C -8H through 14- 2C -8M, and substitute the following in lieu thereof, renumbering the current subsections 14 -2C -8N and 14- 2C -80, accordingly: H. Landscaping All areas of the site that are not used for buildings, parking, vehicular and pedestrian use areas, sidewalk cafes, and plazas, must be landscaped with trees and /or plant materials. A landscaping plan for such areas must be submitted for site plan review. I. Drive - Through Facilities Drive - through facilities are not permitted in the CB -5 and CB -10 Zones. J. Mechanical Equipment, Utility Meters, and Dumpsters 1. In no case shall mechanical equipment or utility meters be located along the street side of a building. Mechanical equipment and meters must be placed at the rear of the property whenever possible. If this cannot be achieved, such equipment may be located along the side of the building, provided that the equipment is screened and set back according to the provisions for mechanical structures set forth in Article 14 -4C, Accessory Uses and Buildings. 2. Dumpsters and recycling bins must be located in areas that are not visible from public streets and may not be located in a right -of -way. Ordinance No. Page 3 K. Outdoor Storage and Display 1. Outdoor storage and display areas are not permitted in the CB -2, CB -5 and CB- 10 Zones, except for approved Temporary Uses (see Article 14 -4D of this Title) and Special Exceptions (see Article 14 -413 of this Title). 2. The storage of combustible or flammable materials or liquids is strictly regulated according to the provisions of Article 14 -5H, Performance Standards, and according to the International Fire Code, as amended. L. Commercial Space 1. On the ground level floor of a. building, the floor to structural ceiling height must be at least 14 feet. 2. In the CB -10 Zone, on the second floor of a building, the floor to structural ceiling height must be at least 11 feet. 3. In the CB -2 and CB -5 Zones, the first floor of a building must meet the Building Code specifications for commercial uses. In the CB -10 zone, for the first two floors of a building, construction must meet the Building Code specifications for commercial uses. M. Building Entrances 1. Primary building entries must be distinguished by at least two of the following means: a. Canopies or awnings; b. Recesses; c. Raised cornice or similar architectural features; d. Architectural details, such as the work and moldings that are integrated in the building structure and design. 2. To encourage commercial activity at the street level, entrances to storefronts must be at grade and the ground -level floor height should be no more than one foot above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground -level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground -level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street - facing building facade. 3. To provide safe access for residents within a mixed -use building, any building containing a residential use must have at least one door located on the on the exterior of the building that provides pedestrian access to the dwelling units within the building. Said entrance must be located on a building wall that faces a street, public sidewalk, or pedestrian plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access to dwelling units must not be solely through a parking garage or from an alley. N. Minimum Fenestration 1. Along any street - facing building fagade and along any portion of a storefront facade that abuts a pedestrian plaza, a minimum of 50 percent of the building facade between 2 and 10 feet in height from the adjacent exterior grade must be comprised of transparent windows and doors. Such windows must allow views into the interior space or be storefront display windows that are set into the wall. Display cases attached to the outside building wall do not qualify. Ideally, the bottom of such storefront windows should be no more than 2 feet above the level of the adjacent exterior grade. However, on sloping sites where it is difficult to meet this 2 -foot standard, the height above grade may vary, but Ordinance No. Page 4 L M N shall not exceed 4 feet above the level of the adjacent exterior grade (See Figure 2C.2). Glazing shall be clear glass with no more than ten percent daylight reduction (tinting). Glazing shall not be reflective (mirrored). 2. In the CB -10 Zone, to encourage office and other commercial uses on the second floor of a building, no less than 30% of any second floor facade that faces a public street or pedestrian plaza shall be comprised of windows. Glazing shall not be reflective (mirrored). O. Building Articulation 1. For buildings greater than 50 feet in width, the horizontal plane of any street - facing facade of the building must be broken into modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards: a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: (1) Variation in the wall plane by recessing a building module from the adjacent building module; (2) Variation in material colors, types or textures; (3) Variation in the building and /or parapet height; (4) Variation in the architectural details such as decorative pilasters, banding, reveals, stone or tile accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. 2. For buildings that are 50 feet or less in width, at least every 12 feet in length of the street - facing wall must be articulated by a window, doorway, perceptible change in the wall plane, setback, artwork, or a change in building material. Amend Table 2C -4: Bonus Provisions to include the words, "CB -2 and," within the heading row currently labeled "CB -5." Delete paragraph 14- 5A- 3D -4., and substitute in lieu thereof: 4. Household Living Uses must provide parking according to the specified requirement in Table 5A -1. The parking must meet the standards specified in subparagraphs 5b. through e., below. If it can be demonstrated that there is practical difficulty providing the required parking for Household Living Uses on site, off -site parking for Household Living Uses may be approved by special exception according to the provisions of 14- 5A-4F, Alternative to Minimum Parking Requirements. Delete sub - subparagraph 14- 5A- 3D- 5e(1), and substitute in lieu thereof: (1) The proposed structured parking will not detract from or prevent ground floor storefront uses. Structured parking may be permitted on the ground level floor of a building, provided that a substantial portion of the ground level floor of the building is reserved for and built to accommodate storefront uses. On the ground level floor of the building, parking is not allowed within the first 50 feet of building depth as measured from the front building line. The Board of Adjustment may reduce this storefront depth requirement if the applicant demonstrates that conditions on the subject property create a practical difficulty in achieving full compliance. In such a case, the applicant must demonstrate that the resulting alternative storefront space, both the interior and exterior, will be of a quality in both design and materials that will enhance the commercial character of the Central Business District. To mitigate for loss of ground floor commercial space, the Board may also require additional quality commercial space be included on an upper floor or mezzanine level and said space be reserved for non - residential uses. Ordinance No. Page 5 O. Delete paragraph 14- 2C- 6B -1., and substitute in lieu thereof: 1. The standards of this Section apply to all development in the CO -1, CC -2, CI -1, and CH -1 Zones, unless specifically exempted. P. Delete paragraph 14- 2C- 6B -3., and substitute in lieu thereof: 3. Development in the CB -2, CB -5, and CB -10 Zones is subject to the Central Business Site Development Standards specified in Section 14 -2C -8. Q. Delete the heading of paragraph 14- 2C- 61 -1., and substitute in lieu thereof: 1. In the CO -1 and CC -2 Zones R. Delete the introductory sentence under paragraph 14- 2C -61 -1, and substitute in lieu thereof: "Outdoor storage and display of materials is not permitted in the CO -1 or CC -2 Zones, except for the following:" S. Delete sub - subparagraph 14- 4134A- 7c(1), and substitute in lieu thereof: (1) To provide safe access for residents within a mixed -use building, any building containing a Residential Use must have at least one door on the exterior of the building that provides pedestrian access to the dwelling units within the building. Said entrance must be located on a building wall that faces a street, public sidewalk, or pedestrian plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access to dwelling units must not be solely through a parking garage or from an alley. T. Add a sub - subparagraph (3) to subparagraph 14- 4B- 4A -7d, as follows: (3) In the CB -10 Zone, for the first two floors of a building, construction must meet the Building Code specifications for commercial uses. U. Delete subparagraph 14-5A-5F-lb., and renumber the remaining subparagraphs accordingly. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of 2011. MAYOR Approved by ATTEST: ,(�,{(,t cc� CITY CLERK City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 10/4/2011 Voteforpassage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. � r W 'a AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TABLE 2C- 2(a);I010 SECTION 14 -2C -8, AND PARAGRAPH 14- 4B -4A -7, TO ESTABLISH DIIIj*I AND COMMERCIAL SITE DEVELOPMENT STANDARDS IN HE CENTRAL BU SS SER CB -2 ZONE SIMILAR TO STANDARDS APPLIED I THE OTHER CEN. 13iSIN , ZONES, AND TO CLARIFY AND ESTABL H SETBACK AND-,--- ENTRA REQUIREMENTS, ROVIDE ADDITIONAL FLEXIB ITY FOR PARKING LOCATION, AND MODIFY CONST CTION STANDARDS T ACCOMMODATE UPPER '"'FLOOR COMMERCIAL USES MIXED -USE BUILDINGS N THE CENTRAL BUSINESS ZONES. the Central Business Zones are intended to •ict develops as a compact urban area that n- oriented streetscapes, and attractive and WHEREAS, the zoni standards that apply help ensure that the City' Central Business Di features mixed -use storefro buildings, pedest usable public spaces; and WHEREAS, it was determine during the Business Service (CB -2) Zone di not have je the aforementioned goals of a Cent WHEREAS, one of the goals of the Central Business Service Zone that are c WHEREAS, it is in the best interest of of the Central Business Zone would apply WHEREAS, it is in the best interest of enough to foster creative solutions to dev the downtown area when there is practi due to site constraints, provided that the in ntral District Planning process that the Central e types of zoning standards that would help Business District; and 4 ;n ral District Plan is to adopt new standards for the i stent with the other Central Business Zones; and t e City to clarify how certain dimensional standards velopment that abuts City Plaza; and he ' y to adopt zoning mechanisms that are flexible lopme or redevelopment of difficult infill sites within difficult meeting specific standards or requirements ent of suc a standard or requirement is met; and WHEREAS, it is the policy of th City to adop opportunities for new commercial d WHEREAS, the Planning and the zoning code and recommend a NOW, THEREFORE, BE IT OJ CITY, IOWA: )pment in the C ng Commission val. zoning mechanisms that help create trail Business District; and reviewed the proposed changes to NED BY THE CITY SECTION I. The Code of 4dinances of the City of Iowa IL OF THE CITY OF IOWA , Iowa is hereby amended as follows: A. Amend /plicability C -2(a) y deleting "none" and inserting a maxi um front setback of 12 feet in the "Cw, a inserting a new footnote number 7, to th FAR standard in the CB- 2 Zone, ws, nd re- numbering the current footnote 7 acco dingly: 7. m AR is 2, except for lots with an approved F R bonus. For lots with AR bonuses, the FAR may be increased up to a aximum of 3. B. Delete ing of Section 14 -2C -8, and substitute in lieu there f, "Central Business Site Deent Standards." C. Delete tion 14- 2C -8B, and substitute in lieu thereof: \ B. ability and Procedure andards of this Section apply to all development in the CB -2, CB -5, and CB -10 Zones, unless otherwise noted herein. Ordinance No. Page 2 D. Delete the heading of subsection 14- 2C -8C, and substitute in lieu thereof: C. Site Plan Review Procedure E. Delete paragraph 14- 2C -8C -1, and substitute in lieu thereof: 6, Prior to submitting a request for site plan review, the developer must participate in pre - application conference with the Director of Planning and Community De elopment or designee to discuss the application of the Central Business Site Deve pment Standards to the subject property. F. Delete the un mbered paragraph in 14- 2C -8E, and ubstitute in lieu thereof: 1. No portio of the first story of a building shal be set back more than 12 feet from a front or reetside lot line, or a lot line t at abuts City Plaza. If a setback is provided, th setback area must be us for one or more of the following purposes: G. Add a paragraph 14 -2C- -2 as follows: 2. In the CB -10 Zone, to prevent unsafe, nkempt spaces between buildings, the first two stories of a ilding must be b ilt to the side lot line, unless the subject building wall abuts an Hey or usable outdoor space, such as a plaza, green, courtyard, or mid -block p destrian pa sage. Minor adjustments to this standard may be approved by the uilding O icial to account for irregular lot lines or to accommodate structural re q remen , such as installing footings or foundations, or to maintain the structural in grit of an adjacent building, as long as the intent of this standard is achieved. H. Delete the heading of subsection 14 -2 -8G, and substitute in lieu thereof: "Surface parking location standards in the CB -2 a B -5 Zones" I. Delete subparagraph 14- 2C- 8G -1.a, a su titute in lieu thereof: a. Parking and loading are not pe itted fo the first 30 feet of lot depth as measured from the front building line. S rface park g, parking within accessory structures, and all loading and unloadin facilities mus be located behind principal building(s) and concealed from view fronting streets. Parking and loading areas may not be located between the b Iding and the street r within any side setback area. J. Delete subparagraph 14 -2 - 8G -3.a, and renu er remaining subparagraphs accordingly. K. Delete subsections 14 -2C- through 14- 2C -8M, and bstitute the following in lieu thereof, renumbering the c rent subsections 14 -2C -8N an 14- 2C -80, accordingly: H. Landscaping All areas of the sit that are not used for buildings, parka g, vehicular and pedestrian use a as, sidewalk cafes, and plazas, must b landscaped with trees and /or plant ma rials. A landscaping plan for such areas ust be submitted for site plan revie . I. Drive - Throug Facilities Drive - through acilities are not permitted in the CB -5 and CB -10 ones. J. Mechanical quipment, Utility Meters, and Dumpsters 1. In no cas shall mechanical equipment or utility meters be locat d along the street si a of a building. Mechanical equipment and meters must a pj�!ced at the rea of the property whenever possible. If this cannot be a­ veo—,such equip ent may be located along the side of the building, pro Y - thrthe equi ent is screened and set back according to the provisi r nieal stru tures set forth in Article 144C, Accessory Uses and Buiidtts. 2. D psters and recycling bins must be located in areas that a e apt %6Wble > p blic streets and may not be located in a right -of -way. LL� Li. Ordinance No. Page 3 K. Outdoor Storage and Display 1. Outdoor storage and display areas are not permitted in the CB -2, CB -5 and CB- 10 Zones, except for approved Temporary Uses (see Article 14 -4D of this Title) anpecial Exceptions (see Article 14 -413 of this Title). 2. The'storage of combustible or flammable materials or liquids is strictly regulated accord1ng to the provisions of Article 14 -5H, Performance Standards, and accordinjto the International Fire Code, as amended. L. Commercial ace 1. On the group level floor of a building, the floor to str ctural ceiling height must be at least 14 f�vt. 2. In the CB -10 Zon� on the second floor of a buildin , the floor to structural ceiling height must`l�e at least 11 feet. 3. In the CB -2 and CB- 5\Zones, the first floor of a b ilding must meet the Building Code specifications for ommercial uses. In th CB -10 zone, for the first two floors of a building, cons uction must meet th Building Code specifications for commercial uses. M. Building Entrances 1. Primary building entries mus be distingui ed by at least two of the following means: a. Canopies or awnings; b. Recesses; c. Raised cornice or similar archite t al features; d. Architectural details, such as tile ork and moldings that are integrated in the building structure and desig . 2. To encourage commercial activity at th street level, entrances to storefronts must be at grade and the groun -level fl or height should be no more than one foot above the level of the butting si walk or pedestrian plaza. On sloping building sites and for xisting buildi s, the City may adjust this requirement. However, on oping sites at le st a portion of the ground -level floor height of any new bui ing must be locate no more than one foot above the level of the abutting s' ewalk or pedestrian aza; and the floor height of the ground -level floor of he building must be no ore than 3 feet above the level of the abutting pu lic sidewalk or pedestrian p za at any point along a street - facing building Bade. 3. To provide safe acc s for residents within a mixed -u building, any building containing a reside tial use must have at least one doo located on the on the exterior of the buil ing that provides pedestrian access t the dwelling units within the buildin . Said entrance must be located on a b 'Iding wall that faces a street, public dewalk, or pedestrian plaza and is visible om and easily accessed from aid street, sidewalk, or plaza. Access to dw Iling units must not be solely rough a parking garage or from an alley. N. Minimum Fen stration 1. Along any treet- facing building fagade and along any portion o a storefront fagade th abuts a pedestrian plaza, a minimum of 50 percent o the building fagade b tween 2 and 10 feet in height from the adjacent exterior rgde must be com rised of transparent windows and doors. Such windows m 4bllow views ' to the interior space or be storefront display windowa., a "et iQ4 the w II. Display cases attached to the outside building wall "- -'rot Qalify. i I Ide ly, the bottom of such storefront windows should be no 1& 6 thm 2 few ab ve the level of the adjacent exterior grade. However, on @4 ng sites ghere i s difficult to meet this 2 -foot standard, the height above grb* na9r vary _ w Ordinance No. Page 4 shall not exceed 4 feet above the level of the adjacent exterior grade (See Figure 2C.2). Glazing shall be clear glass with no more than ten percent daylight reduction (tinting). Glazing shall not be reflective (mirrored). 2. In the CB -10 Zone, to encourage office and other commercial uses on the second floor of a building, no less than 30% of any second floor fagade that faces a public street or pedestrian plaza shall be comprised of windows. lazing shall not be reflective (mirrored). O. Buil 'ng Articulation 1. For ildings greater than 50 feet in width, the hori ontal plane of any street - facing agade of the building must be broken into odules that give the appear ce of smaller, individual storefronts. T se modules must meet the following tandards: a. Each mo le must be no greater than 50 fee in width. b. Each mod must be distinguished from th adjacent module by at least three of the f lowing means: (1) Variation in he wall plane by recessin a building module from the adjacent bui ing module; (2) Variation in m terial colors, types or extures; (3) Variation in the uilding and /or par pet height; (4) Variation in the a chitectural deta' s such as decorative pilasters, banding, reveals, stone or t e accents; (5) Break or variation i window p tern; (6) Variation in the use o upper oor balconies and recesses. 2. For buildings that are 50 fe t or I ss in width, at least every 12 feet in length of the street - facing wall must b iculated by a window, doorway, perceptible change in the wall plane, set ck, artwork, or a change in building material. L. Amend Table 2C -4: Bonus Provisio s include the words, "CB -2 and," within the heading row currently labeled "CB -5." M. Delete paragraph 14- 5A- 3D -4., an substitut in lieu thereof: 4. Household Living Uses must p vide parkin according to the specified requirement in Table 5A -1. The parking m t meet the st dards specified in subparagraphs 5b. through e., below. If it can a demonstrated t at there is practical difficulty providing the required parking for H sehold Living Uses n site, off -site parking for Household Living Uses may be app r ved by special excepti according to the provisions of 14- 5A-4F, Alternative to Mi imum Parking Requiremen . N. Delete sub - subparagrap 14- 5A- 3D- 5e(1), and substitut in lieu thereof: (1) The proposed str ctured parking will not detract om or prevent ground floor storefront uses. ructured parking may be permitted the ground level floor of a building, provid that a substantial portion of the grou level floor of the building is reserved for nd built to accommodate storefront uses. On the ground level floor of the buildin , parking is not allowed within the first 50 f et of building depth as measured fr m the front building line. The Board of Adjus ent may reduce this storefront pth requirement if the applicant demonstrates t at conditions on the subject p perty create a practical difficulty in achieving full co pliance. In such a case, th applicant must demonstrate that the resulting alternati storefxont space, both t e interior and exterior, will be of a quality in both design d rn rials that will nhance the commercial character of the Central Business ct. cTo mi e fo loss of ground floor commercial space, the Board may also: equire7addi aI quality commercial space be included on an upper floor or mezz ' ff6 level and°soid space be reserved for non - residential uses. ' GJ Ordinance No. Page 5 O. Delete paragraph 14- 2C- 6B -1., and substitute in lieu thereof: 1. The standards of this Section apply to all development in the CO -1, CC -2, CI -1, and CH -1 Zones, unless specifically exempted. P. Delete paragraph 14- 2C- 613-3., and substitute in lieu thereof: Development in the CB -2, CB -5, and CB -10 Zones is subject to the Central Business ite Development Standards specified in Section 14 -2C -8. Q. Dele the heading of paragraph 14- 2C- 61 -1., and substitute in lieu thereof: 1. In t CO -1 and CC -2 Zones R. Delete th introductory sentence under paragraph 14 C -61 -1, and substitute in lieu thereof: "Ou oor storage and display of materials is t permitted in the CO -1 or CC -2 Zones, except r the following:" S. Delete sub -subp agraph 14- 413- 4A- 7c(1), and sub itute in lieu thereof: (1) To provide sa access for residents withi a mixed -use building, any building containing a Res ential Use must have at east one door on the exterior of the building that provi s pedestrian access t the dwelling units within the building. Said entrance must b located on a buildi wall that faces a street, public sidewalk, or pedestrian plaza a d is visible fro and easily accessed from said street, sidewalk, or plaza. Acc s to dwelling units must not be solely through a parking garage or from an alley. T. Add a sub - subparagraph (3) to s bparag ph 14- 4134A -7d, as follows: (3) In the CB -10 Zone, for the firs tw floors of a building, construction must meet the Building Code specifications for mercial uses. U. Delete subparagraph 14- 5A -5F -1 ., and renumber the remaining subparagraphs accordingly. SECTION II. REPEALER. All ordinanc and parts o ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. any section, provi ion or part of the Ordinance shall be adjudged to be invalid or uncons ' utional, such adjudica ' n shall not affect the validity of the Ordinance as a whole or any section, provision or pa thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be 'n effect after its final passage, approval and publication. Passed and approved th' day of 011. MAYOR ATTEST: CITY C Approved by City Attorney's Offi �q 1D Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, PARAGRAPHS 2A -6C -4 AND 4B- 1A, TO ALLOW AN APPLICANT TO SEEK A MINOR MODIFICATION TO THE SINGLE FAMILY SITE DEVELOPMENT STANDARD THAT ESTABLISHES MINIMUM DRIVEWAY LENGTH WHEREAS, the single family site development standard that requires a minimum driveway length between a carport or garage and the public right -of -way is intended to ensure that parking areas are located so as to prevent vehicles from blocking sidewalks and to ensure that there is enough space to provide for public safety as drivers back out of their garages and carports; and WHEREAS, it is reasonable and in the best interest of the City to provide for flexibility in applying the aforementioned standard in cases where topography or other unique circumstance would make compliance impractical, yet where the spirit of the standard can be upheld and public safety will not be compromised; and WHEREAS, the Planning and Zoning Commission has reviewed the zoning code amendments set forth below and recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete paragraph 14- 2A -6C -4, and substitute in lieu thereof: 4. Garages and carports must be located so as to provide a driveway, at least 25 feet in length, between the entrance to the garage or carport and the street right -of -way line. Garages and carports accessed from an alley must be located so as to provide a driveway at least 5 feet in length between the entrance to the garage or carport and the alley right -of -way line. In cases where the configuration of the lot, the topography, and /or other physical characteristic of the property makes the application of this standard impractical, a minor modification may be requested to reduce the driveway length, provided that the following approval criteria are met in addition to the general minor modification standards set forth in 14 -413-1 B: a. There will be at least 25 feet of driveway length between the entrance to the garage or carport and any existing public sidewalk. In cases where there is no public sidewalk, but where a public sidewalk is likely to be built in the future, there must be at least 25 feet of driveway length between the entrance of the garage or carport and the likely location of a future public sidewalk, as determined by the City. b. The resulting garage or carport location and driveway length will not compromise public safety along the fronting street or alley. B. Amend subsection 14 -4B -1A by adding a paragraph 22, as follows: 22. A modification of the required driveway length in single family zones according to the provisions set forth in 14- 2A -6C -4. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions Ordinance No. Page 2 of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of 12011. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 10/412011 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published City of Iowa City 'U 6h MEMORANDUM Date: September 1, 2011 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Zoning Code Amendment to allow an applicant to seek a minor modification to paragraph 14- 2A -6C -4, the single family site development standard that addresses driveway length. Paragraph 14- 2A -6C -4 of the Zoning Code is the single family site development standard that requires garages and carports to be located so as to provide a driveway at least 25 feet in length between the entrance to the garage or carport and the street right - of -way line and at least 5 feet in length between a garage or carport and an alley right - of -way. The main purpose for this provision is to prevent situations where the garage is located such that a car parked in the driveway would overhang or block a sidewalk or other public right -of -way or where the garage is located so close to a sidewalk or alley that it would make it difficult for a driver to see a pedestrian or other vehicle as they back out of the garage or carport and into the street or alley. Unlike most site development standards or dimensional standards in the Zoning Code, there is currently no means to adjust this requirement in cases where topography or other unique circumstances would make compliance impractical. Over the last several years, there have been a few cases where some physical aspect of the lot made it impossible to meet this driveway length standard and yet there was enough room for a car to be parked in the driveway without overhanging the sidewalk and enough sight distance that public safety would not be compromised. Staff recommends providing a means for an applicant to seek a minor modification where the situation warrants relief from the strict application of the standard. Recommendation Staff recommends that the zoning code be amended as indicated below. The underlined text is the suggested new language. Strike - through notation indicates language to be deleted. Amend 14- 2A- 6C -4., as follows: 4. Garages and carports must be located so as to provide a driveway, at least 25 feet in length, between the entrance to the garage or carport and the street right - of -way line. Garages and carports accessed from an alley must be located so as to provide a driveway at least 5 feet in length between the entrance to the garage or carport and the alley right -of -way line In cases where the configuration of the lot the topography, and /or other hysical characteristic of the property make the application of this standard impractical, a minor modification may be requested to reduce the driveway length provided that the following approval criteria are met in addition to the general minor modification standards set forth in 14- 413-113: a. There will be at least 25 feet of driveway length between the entrance to the garage or carport and any existing public sidewalk. In cases where Page 2 there is no wblic sidewalk but where a public sidewalk is likelv to be built in the future there must be at least 25 feet of driveway length between the entrance of the garage or carport and the likely location of a future public sidewalk as determined by the City. b. The resulting garage or carport location and driveway length will not co promise public safety along the fronting street or alley. Amend 14- 48 -1A, to add a paragraph 22, as specified below: 22 A modification of the required driveway length in single family zones according to the provisions set forth in 14- 2A -6C -4. Approved by: �/t Robert Miklo, Senior Planner, Department of Planning and Community Development b t1 Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 r- cn ORDINANCE NO. "" M AN ORDINANCE AMENDING TITLE 14, ZONING CODE, PARAGRAPH :44 2A =6C -4, TO ALLOW AN APPLICANT TO SEEK A MINOR MODIFICATION TO THE 84 Ll5,,FANF" SITE DEVELOPM T STANDARD THAT ESTABLISHES MINIMUM DRIVE1l'r LRNGTF 7 WHEREAS, the gle family site development standard hat requires a minimum- riveway length between a car t or garage and the public right- f -way is intended to enure that parking areas are locate so as to prevent vehicles from bl king sidewalks and to ensure that there is enough space to ovide for public safety as dri ers back out of their garages and carports; and WHEREAS, it is reasonable nd in the best interest f the City to provide for flexibility in applying the aforementioned stan rd in cases where to graphy or other unique circumstance would make compliance impractical, et where the spi it of the standard can be upheld and public safety will not be compromised; d WHEREAS, the Planning and Zo 'ng Commi sion has reviewed the zoning code amendment set forth below and recommen approv . NOW, THEREFORE, BE IT ORDAINED TH CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the of Iowa City, Iowa is hereby amended as follows: A. Delete paragraph 14- 2A -6C -4, and substit to in II u thereof: 4. Garages and carports must be locate so as to p ovide a driveway, at least 25 feet in length, between the entrance to the garage or ca ort and the street right -of -way line. Garages and carports accesse from an alley m st be located so as to provide a driveway at least 5 feet in length etween the entrap to the garage or carport and the alley right -of -way line. In ca es where the configura 'on of the lot, the topography, and /or other phy 'cal characteristic of the pr erty makes the application of this standard impractical, minor modification may be re uested to reduce the driveway length, provided at the following approval criteria re met in addition to the general minor modific tion standards set forth in 14- 413-16. a. There will be at I st 25 feet of driveway length between tl% entrance to the garage or carpo and any existing public sidewalk. In case s\ here there is no public sidewal , but where a public sidewalk is likely to be buil in the future, there must b at least 25 feet of driveway length between the trance of the garage or c port and the likely location of a future public sidew k, as determine by the City. b. The res ing garage or carport location and driveway length will not compro ise public safety along the fronting street or alley. B. Amend subs tion 14 -4B -1A by adding a paragraph 22., as follows: 22. A mod' (cation of the required driveway length in single family zones according to the qr ions set forth in 14- 2A -6C -4. SECTION ll. REPEALER. All ordinances and parts of ordinances in conflict with the provisions Ordinance No. Page 2 of this Ordinance are hereby repealed. SECTIO SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be in lid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a wh or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTI DATE. This Ordinan shall be in effect after its final passage, approval and publication. Passed and approved this ay of 2011. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office r -7 — C -:7 CD Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 4A, USE CATEGORIES, TO ADD A NEW USE CATEGORY ENTITLED, "BUILDING TRADE USES" AND ASSOCIATED AMENDMENTS TO ALLOW SAID BUILDING TRADE USES IN THE CI -1, 1 -1, AND 1 -2 ZONES AS PERMITTED USES AND IN THE CC -2 ZONE AS PROVISIONAL USES AND TO ESTABLISH APPROVAL CRITERIA FOR SAID PROVISIONAL USES IN ARTICLE 14 -4B. WHEREAS, the zoning code contains a use classification system that categorizes land uses on the basis of common functional, product, or physical characteristics. These use categories provide a systematic basis for assignment of present and future uses to zoning districts within the city; and WHEREAS, the Industrial Service Use category includes firms that are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products, or by- products; and WHEREAS, building contractor's facilities are listed as an example of an industrial service use, however, there are a broad range or building contractor's facilities, some of which function and have physical characteristics similar to office uses, with only minor indoor storage or fabrication activities, and do not include the types of externalities sometimes associated with heavier construction contractors or industrial service businesses; and WHEREAS, less intensive building contractor businesses may be a good fit within the city's general commercial areas and should not be restricted solely to intensive commercial and industrial zones; and WHEREAS, it is in the best interests of the city to establish a new use category if there is a group of uses that cannot be clearly classified into an existing land use category, but for which there is a desire to systematically assign said uses to appropriate zoning districts throughout the city; and WHEREAS, the Planning and Zoning Commission recommends approval of the following code amendments to establish a new land use category for "building trade uses" and assign said uses to appropriate zoning districts within the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend Title 14, Tables 2C -1 and 2D -1, by inserting a new row within each of said tables labeled, "Building Trade Uses" and indicating that said "Building Trade Uses" are a permitted use (P) in the CIA 1 -1, and 1 -2 Zones, and a provisional use (PR) in the CC -2 Zone, as shown below in the relevant excerpts from the aforementioned tables: Table 2C 1 Principal Uses Allowed in Commercial Zones USE CATEGORIES SUBGROUPS CO -1 CN -1 CH•1 CI.1 CC 2 CB 2 CB 5 CB 10 MU Commercial Uses Bwlding Trade Uses P PR Ordinance No. Page 2 Table 2D -1 - Principal Uses Allowed in Industrial and Research Zones USE CATEGORIES I SUBGROUPS 1 -1 1 1 -2 RDP ORP Commercial Uses Building Trade Uses P P B. Amend Title 14, Table 5A -2, by inserting a new row labeled "Building Trade Uses" and under the "Parking Requirement" column, inserting a minimum parking requirement for said "Building Trade Uses" as 1 space per 750 sq. ft. of floor area" and under the "Bicycle Parking" column, insert, "None required, in the new row established for Building Trade Uses, as shown below in the relevant excerpt from the Table 5A -2: Table 5A -2: Minimum Parking Requirements for all zones, except the CB -5 and CB -10 Zones Parking Requirement USE CATEGORIES SUBGROUPS Bicycle Parking Commercial Uses Building Trade Uses 1 space per 750 sq. ft. of floor area None required C. Amend Section 14 -4A -4, Commercial Use Categories, by adding the following subsection, which shall be inserted in alphabetical order with the other subsections re- lettered accordingly: C. Building Trade Uses 1. Characteristics Building Trade Uses are characterized by firms who undertake activities of a type that are specialized either to building construction or to both building and non - building construction projects. These specialized trade contractors may work on subcontract from the general contractor, performing only part of the work covered by the general contract, or they may work directly for the owner of the building or project. Building trade contractors primarily perform their work at the site of construction, although they also may have shops where they perform work incidental to the job site. 2. Examples Electrical, plumbing, heating, and air conditioning contractors, painting and wall papering services, masons, stone and tile setters, glass and glazing services. 3. Accessory Uses Off - street parking, workshops, storage. 4. Exceptions a. Contractors and others who perform services off -site are included in the Office Use category if large equipment and materials are not stored indoors or outdoors on the site, and fabrication, or similar work, is not conducted on the site. b. Businesses that repair and install glass in automobiles, trucks and other vehicles are classified as Vehicle Repair Uses. C. Uses specializing in heavy construction work, or that include major fabrication or assembly activities, or that store large quantities of materials on -site will be classified as Industrial Service, Manufacturing and Ordinance No. Page 3 Production, and /or Warehouse and Freight Movement depending on the particular characteristics of the use (See 14 -4A -2 Classifying Use d. Artisans and artists that manufacture or assemble goods made of wood, glass, metal, tile, stone or similar that are intended for sale to the general public are categorized as Cottage Industries, as defined in Article 14 -9A, General Definitions. D. Amend subsection 14- 413-413, Commercial Uses, by adding the following paragraph 4, and re- numbering the current paragraph 4 and all paragraphs that follow accordingly: 4. Building Trade Uses in the CC -2 Zone a. All aspects of the operation must be conducted indoors; and b. Except for fleet vehicle parking, outdoor storage of materials or equipment is not allowed. E. Delete paragraph 14- 4A -5A -2, and substitute in lieu thereof: 2. Examples Facilities, yards, and preassembly yards for construction contractors; welding shops; machines shops; tool repair; electric motor repair; repair of scientific or professional instruments; repair of heavy machinery; towing and vehicle storage; servicing and repair of medium and heavy trucks; exterminators; fuel oil distributors; solid fuel yards; laundry, dry- cleaning and carpet cleaning plants; schools for industrial trades. F. Delete subparagraph 14- 4A- 5A -4a., and substitute in lieu thereof: a. Building contractors who primarily perform services off -site are included in the Building Trade Uses category. However, contractors and others who perform services off -site are included in the Office Use category if large equipment and materials are not stored indoors or outdoors on the site, and fabrication, or similar work, is not conducted on the site. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of 12011. MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office f a -71 I Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 10/4/2011 Vote for passage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published City of Iowa City MEMORANDUM Date: September 1, 2011 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Zoning Code Amendment to create a new Use Category, Building Trade Uses, and to distinguish this category from the Industrial Service Use category The Industrial Service Use category includes firms that are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products, or by- products. Industrial Service firms that service or repair consumer goods, do so primarily by providing centralized services for separate retail outlets, rather than for individual customers. Few customers, especially the general public, frequent the site of an industrial service business. Uses that fall into this category include heavy machinery and truck repair, machine shops, fuel oil distributors, solid fuel yards, carpet cleaning plants, and similar. These types of uses often have a need for outdoor work and storage areas and /or may generate noise, odors, dust or vibrations that may be disruptive in retail commercial areas that serve the general public or near residential areas. Due to the potential for externalities, industrial service uses are not allowed in most commercial zones. These uses are only allowed in the Intensive Commercial (CI -1) Zone and in Industrial Zones. Building contractor's facilities are also listed as examples of industrial service uses. However, in many instances these types of businesses do not include the types of externalities that would be disruptive in a retail commercial area. For example, many building contractors primarily provide their services off -site, while on -site facilities are fairly limited in scale. It is quite common for a building contractor to conduct operations with a dispatch office, a small product display area, a storage room for supplies, and a parking area or garage for their service vehicles. Some minor pre - assembly or fabrication may also occur within the building. So that these less intensive uses are not unduly restricted in their choice of location, contractors and others who perform services off -site are categorized as Office Uses, if large equipment and materials are not stored on the site, and fabrication or similar work is in not conducted on site. There are, however, building contractors and other similar businesses that fall into a middle ground — most of their operations are conducted by dispatching service personnel, technicians, or craftsman to off -site locations, but also have a need for some indoor storage and work areas. One such business, which has been at its current location for decades, is zoned Community Commercial. They would like to expand their operation in their current location, but are currently considered a nonconforming use, because they are categorized as an Industrial Service Use. To address this situation and other similar cases, staff suggests adding a new Use Category to the Zoning Code that would include building trades, such as plumbing, heating, electrical and air conditioning contractors, masons, tile- setters, painters, carpenters, glass and glazing specialists, and similar. These types of businesses for the most part perform their work at the site of construction, although, along with their dispatch office, they may also have indoor shop areas where they perform work Page 2 incidental to the job site. This category would not include firms that specialize in heavy construction that require large outdoor storage for large equipment and materials and /or outdoor work areas to pre - assemble parts or equipment. These uses would continue to be categorized as Industrial Service Uses, which would remain as permitted uses in the Intensive Commercial (CI -1) Zone and the Industrial Zones. The new use category would also not include automobile window glass repair shops, which would continue to be categorized as Vehicle Repair Uses. Staff recommends that this new category, Building Trade Uses, be allowed as a provisional use in the Community Commercial (CC -2) Zone and as a permitted use in the Intensive Commercial (CI -1) Zone and the Industrial Zones. Since the CC -2 Zone is intended for a wide variety of retail commercial uses, restaurants, and personal service uses, which may find that large outdoor work and storage areas detract from or are disruptive to their retail operations, staff suggests that the Building Trade Uses allowed in the CC -2 Zone be limited to those whose operations are conducted indoors, with little or no outdoor storage or operations other than for parking and loading vehicles. A parking standard will need to be established for these uses. Staff recommends setting the parking ratio at 1 space per 750 square feet of floor area, which is the same as required for Industrial Service Uses. Since building contractors are currently listed as examples in the Industrial Service category, it will also be necessary to amend the language for Industrial Service Uses. The following proposed amendments include the staff recommended changes to the examples listed for Industrial Service and clarifies the distinction between building trade uses that are merely offices from those that have some storage and fabrication or assembly functions. In addition, while we are clarifying the language for Industrial Services, it is a good time to look at the other uses listed as examples to make sure they clearly fit the characteristics of Industrial Service. In 2009, we clarified the examples for the Office Use category to include business services, such as building management. Building management services often include janitorial and maintenance personnel that are dispatched from a central office to the buildings they are servicing. Therefore, staff recommends deleting reference to janitorial and building maintenance from the Industrial Service category to prevent this confusing overlap between the two use categories. Recommendation Staff recommends that the zoning code be amended as indicated on the following pages. The underlined text is the suggested new language. Strike - through notation indicates language to be deleted. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Amend Tables 2C -1, 2D -1, and 5A -2, to add the new use category, Building Trade Uses, as indicated below: Table 2C -1 - CATEGORIES Uses Allowed in Commercial Zones CO-1 CIA I CC -2 I C13-2 Commercial Uses Building Trade Uses P PR Table 2D -1 - Principal Uses Allowed in Industrial and Research Zones .. , I rr. -=0 I ci aanrani lac I 1 -1 11-2 I RDP Commercial Uses Building Trade Uses I P Table 5A -2: Minimum Parking Requirements for all zones, exce t the C13-5 and CB -10 Zones Parking Requirement Bicycle Parkin USE CATEGORIES SUBGROUPS required Amend Section 14 -4A -3, by adding the following subsection, Building Trade Uses, which shall be inserted in alphabetical order, with the other subsections re- lettered accordingly. C. Building Trade Use MU 1. Characteristics Building Trade Uses are characterized by firms who undertake activities of .a type that are specialized either to building construction or to both building and non - building construction projects These specialized trade contractors may work on subcontract from the general contractor, performing only part of the work covered by the general contract or they may work directs for the owner of the building or project. Building trade contractors for the most part perform their work at the site of construction, although they also may have shops where they perform work incidental to the job site. 2. Examules Electrical plumbing, heating and air conditioning contractors painting and wall papering services masons stone and tile setters glass and glazing services. 3. Accessory Uses Off - street parking workshops, storage. 4. Exceptions a. Contractors and others who perform services off -site are included in the Office Use category if large equipment and materials are not stored indoors or outdoors on the site and fabrication or similar work is not conducted on the site. b. Businesses that repair and install glass in automobiles trucks and other vehicles are classified as Vehicle Repair Uses. C. Uses specializing in heavy construction work or that include major fabrication or assembly activities or that store large quantities of materials on -site will be classified as Industrial Service Manufacturing and Production, and /or Warehouse and Freight Movement depending on the particular characteristics of the use (See 14 -4A -2 Classifying Uses). d. Artisans and artists that manufacture or assemble goods made of wood, glass, metal the stone or similar that are intended for sale to the general public are categorized as Cottage Industries as defined in Article 14 -9A, General Definitions. Amend subsection 14- 4B -4B, Commercial Uses, by adding the following paragraph, which sets forth the approval criteria for Building Trade Uses in the Community Commercial (CC -2) Zone: 4. Building Trade Uses in the CC -2 Zone a. All aspects of the operation of the use must be conducted indoors; and b. Except for fleet vehicle parking outdoor storage of materials or equipment is not allowed. Amend 14- 4A -5A, Industrial Services Uses, as follows: A. Industrial Service Uses 1. Characteristics Firms that are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by- products. Industrial Service firms that service or repair consumer goods do so primarily by providing centralized services for separate retail outlets, rather than for individual customers. Few customers, especially the general public, come to the site. 2. Examples Building EeRtFaete Facilities, yards, and preassembly yards for construction contractors; welding shops; machines shops; tool repair; electric motor repair; repair of scientific or professional instruments; repair of heavy machinery; towing and vehicle storage; servicing and repair of medium and heavy trucks; building, he exterminators; jaigiteFial and building fflaintenanee seFtiees; fuel oil distributors; solid fuel yards; laundry, dry- cleaning and carpet cleaning plants; schools for industrial trades. 3. Accessory Uses Offices; parking; storage; rail spur or lead lines. 4. Exceptions a. Building contractors who largely_ perform services off -site are included in the Building Trade Uses category. However, contractors and others who perform services off -site are included in the Office Use category if large equipment and materials are not stored indoors or outdoors on the site, and fabrication, or similar work, is not conducted on the site. b. Recycling processing facilities are classified as Waste - Related Uses. C. Schools that offer training in industrial trades, but that do not include training on large equipment or vehicles, and that do not include activities that generate noise, odors, or dust more typical of industrial uses are classified as Specialized Educational Facilities or Colleges and Universities. Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 4A, USE CATEGORIES, TO ADD A NEW USE CATEGORY ENTITLED, "BUILDING TRADE USES;" AND ASSOCIATED AMENDMENTS TO ALLOW SAID BUILDING TRADE USES IN THE CI -1, 1 -1, AND 1 -2 ZONES AS PERMITTED USES AND IN THE CC -2 ZONE AS PROVISIONAL USES AND TO ESTABLISH APPROVAL CRITERIA FOR SAID PROVISIONAL USES IN ARTICLE 14 -4B. WHEREAS\an WHEREAS WHEREASWHEREASWHEREASWHEREAS code amendments. NOW, THEREFORE, BE CITY, IOWA: r„ and Zoning Commission rec mends approval, ff the �gllowi ry ORDAINED BY THE CIT COUNCIL OF THE &+Y OF K-tVA SECTION I. The Code of Ordi follows: of the City of owa City, Iowa is hereby` arfiendec A. Amend Title 14, Tables 2C -1, -1, and 5A -2, y inserting a new row labeled, "Building Trade Uses" and indicating that s 'd "Building rade Uses" are a permitted use (P) in the CI -1, 1 -1, and 1 -2 Zones, and a pro 'sional 5A -2, the minimum parking requirem t for sq. ft. of floor area" and that under t c required" for Building Trade Uses, as aforementioned tables: (PR) in the CC -2 Zone; and that in Table id "Building Trade Uses" is 1 space per 750 mn "Bicycle Parking," the table lists "None n below in the relevant excerpts from the Als Table 2C -1 - Principal Uses Allowed i Comm rcial Zones USE CATEGORIES SUBGROUPS CO.1 CN- CH -1 I CI -1 I CC -2 I C13-2 I C13-5 CB -10 MU Commercial Uses Building Trade Uses P PR Table 2D -1 - Principal Use Allowed in Industrial and Nesearch Zones USE CATEGORIES JSUBGROUPV 1 1 -1 1 -2 RDP ORP Commercial Uses Buildinq Trade Uses I I P P Table 5A -2: Minimu Parking Requirements for all zones, except he CB -5 and CB -10 Zones USE CATEGORIES SUBGROUPS Parking Requirement Bicycle Parking Commercial Uses Building Trade U es 1 space per 750 sq. ft. of floor are 4k I None required Ordinance No. Page 2 M C I Amend Section 14 -4A -3, by adding the following subsection, "Building Trade Uses," which shall be inserted in alphabetical order, with the other subsections re- lettered accordingly: C. Building Trade Uses 1. C racteristics Bull In\'e Trade Uses are characterized by firms who undertake activities of a type that ialized either to building construction or to both building and non - builtruction projects. These specialized trade contractors may work on subrom the general contractor, performing my part of the work covered by tl contract, or they may work directly fo the owner of the building or proj' g trade contractors for the most part erform their work at the site of c although they also may have sho s where they perforrpvork incihe 'ob site. r-, 2. Examples N Electrical, plumbin papering services, heating, and air conditi asons, stone and tile 0 3. Accessory Uses Off - street parking, wo 4. Exceptions ps, storage a. Contractors and othlqs Office Use category i indoors or outdoors on conducted on the site. _' c t (,-) _11 r-1 ing contractors, IS"rifrngd w ors, glass and glag seftices. CD who erform services off -site are includedin the irg equipment and materials are not stored �h site, and fabrication, or similar work, is not b. Businesses that repair n�nstall glass in automobiles, trucks and other vehicles are classifie as hicle Repair Uses. C. Uses specializing i heavy c nstruction work, or that include major fabrication or ass bly act ivit s, or that store large quantities of materials on will be cl sified as Ind trial Service, Manufacturing and Production, an or Warehouse a d Freight Movement depending on the particular ch acteristics of the us (See 14-4A -2 Classifying Uses). d. Artisans an artists that manufactu glass, me I, tile, stone or similar tha public ar categorized as Cottage Ind Generar Definitions. Amend subsection ,1'4- 46 -413, Commercial Uses, by 4. Building T ade Uses in the CC -2 Zone or assemble goods made of wood, are intended for sale to the general tries, as defined in Article 14 -9A, the following paragraph 4: Delete p agraph 14- 4A -5A -2, and substitute in lieu thereof: 2. xamples \j acilities, yards, and preassembly yards for construction contractors; welding shops; machines shops; tool repair; electric motor repair; repair of scientific or professional instruments; repair of heavy machinery; towing and vehicle storage; servicing and repair of medium and heavy trucks; exterminators; fuel oil distributors; solid fuel yards; laundry, dry- cleaning and carpet cleaning plants; Ordinance No. Page 3 chools for industrial trades. E. Delete su aragraph 14- 4A- 5A -4a., and substitute in lieu thereof: a. Build contractors who largely perform services off -site are included in the Building rade Uses category. However, contractors and others who perform services o ite are included in the Office Use egory if large equipment and materials are t stored indoors or outdoor on the site, and fabrication, or similar work, is n conducted on the sit SECTION II. REPEALER. All ordinarte of this Ordinance are hereby repealed. \� SECTION III. SEVERABILITY. If any adjudged to be invalid or unconstitutional, Ordinance as a whole or aysection unconstitutional. SECTION IV. EFFECTIVE approval and publication. Passed and approved this MAYOR ATTEST: CITY CLERK and parg of ordinances in conflict with the provisions on, provision or part of the Ordinance shall be adjudication shall not affect the validity of the provi 'on or part thereof not adjudged invalid or shall be in effect after its final passage, '2011. Appro d by City Attorn 's Office 7 C E -- I ;: M-4�,, �,.. Prepared by: Nick Benson, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ11- 00005) ORDINANCE NO. 11-4445 AN ORDINANCE REZONING APPROXIMATLEY 10 ACRES OF PROPERTY LOCATED AT 350 DUBLIN DRIVE FROM PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY (OPD -8) ZONE TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY MULTI- FAMILY (OPD /RM -12) ZONE. (REZ11- 00005) WHEREAS, Melrose Retirement Community LLC is the legal title holder of property located at 350 Dublin Drive, Iowa City, Iowa; and WHEREAS, Melrose Retirement Community LLC has requested a rezoning of this property from Planned Development Overlay Medium Density Single Family (OPD -8) zone to Planned Development Overlay Low Density Multi - Family (OPD /RM -12) zone; and WHEREAS, the Comprehensive Plan indicates that the property is appropriate for multi - family development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and the Planned Development Overlay Plan and determined that it complies with the Comprehensive Plan and is compatible with the surrounding neighborhood; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of OPD -8 to OPD /RM -12: LOT 117, GALWAY HILLS SUBDIVISION — PART FIVE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 40, AT PAGE 282, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 10 ACRES, AND SUBJECT TO THE EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at Melrose Retirement Community's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of october 12011. �. 'I LTA ATTEST: ` �—'� �T . Wti4_", CITY CLERK Apprgved by r,? � LfiJ7i7f� 2� ity Attorney's Office ff4 // j Ordinance No. 11 -4445 Page 2 It was moved by Rai 1 Py and seconded by Mime that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Bailey x Champion g Dickens X Hayek x Mims x Wilburn x Wright First Consideration 9/6/2011 Vote for passage: AYES: Champion, Dickens, Hayek, NAYS: None. ABSENT: None. Second Consideration 9/20/2011 Vote for passage: AYES: Wright, Bailey, Champion; NAYS: None. ABSENT: None. Date published 10/13/2011 - Mims, Wilburn, Wright, Bailey. Dickens, Hayek, Mims, Wilburn. Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. > 1 -4446 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 9A, GENERAL DEFINITIONS, TO CLARIFY THE DEFINITION OF ENLARGEMENT /EXPANSION AS IT RELATES TO ALCOHOL SALES - ORIENTED USES. WHEREAS, the zoning code establishes a minimum spacing requirement between alcohol sales- oriented retail uses in the central business zones; WHEREAS, alcohol sales- oriented retail uses located in the central business zones are considered nonconforming uses if they are not in compliance with the minimum spacing requirement; and WHEREAS, nonconforming uses may not be expanded or enlarged; and WHEREAS, the current definition of enlargement/expansion in the zoning code makes it difficult to measure the expansion of a nonconforming alcohol sales- oriented use as it relates to a request for a change in type of liquor license; and WHEREAS, the Planning and Zoning Commission has recommended that the definition of Enlargement/Expansion be clarified to address this shortcoming in the code language. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting the definition of "enlargement/expansion" in Article 14 -9A, General Definitions, and substituting in lieu thereof: ENLARGEMENT /EXPANSION: An increase in the volume of a building, an increase in the area of land or building occupied by a use, an increase in the number of bedrooms within a dwelling unit or an increase in the number of dwelling units. For non- residential buildings an increase in the occupancy load of a building is considered an enlargement/expansion. For Alcohol Sales- Oriented Retail Uses, any change in the type of liquor license that would increase the types of alcohol or alcoholic beverages that can be sold is considered an enlargement/expansion of the use. For Group Living Uses, any alteration that allows an increase in the number of residents is considered an enlargement/expansion. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 4th day of October , 2011. MAYOR Approved by Ordinance No. 11 -4446 Page 2 ATTEST: &Ww CITY CLERK Ci y Attorney's Office Ordinance No. 11 -4446 Page 3 It was moved by Champion and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion x Dickens _ x Hayek x Mims x Wilburn _x Wright First Consideration 9/6/2011 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright,Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration 9/20/2011 Vote for passage: AYES: Bailey, Champion, Dickenn, Hayek, Mims, Wilburn, Wright. NAYS: None. ABSENT: None. Date published 10/13/2011 14 Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 11 -4447 AN ORDINANCE AMENDING TITLE 14: ZONING CODE, PARAGRAPH 14- 413- 413-17, SALES - ORIENTED RETAIL IN THE CI -1 ZONE, TO ALLOW PET SUPPLY STORES. WHEREAS, the zoning code sets forth the types of retail uses that are allowed in the Intensive Commercial (CI -1) Zone; WHEREAS, the types of retail uses allowed in the CI -1 Zone are typically uses that are land - intensive or are complementary to other quasi - industrial and intensive commercial uses allowed in this zone; and WHEREAS, both general and intensive animal - related commercial uses are allowed uses in the Intensive Commercial Zone; and WHEREAS, locating pet supply stores near other animal - related commercial uses may create attractive economic opportunities based on the location efficiencies that might be realized when similar uses locate in the same area; WHEREAS, it is the policy of the City to preserve and expand economic opportunities for commercial uses in the community WHEREAS, the Planning and Zoning Commission have reviewed the proposed change to the zoning code and recommend approval; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting paragraph 14- 413- 413-17, and substituting in lieu thereof: 17. Sales- Oriented Retail in the CI -1 Zone Sales- Oriented Retail is limited to the following specific uses: a. Convenience stores associated with Quick Vehicle Servicing Uses; b. Retail establishments that primarily sell building supplies, auto supplies, pet supplies, hardware, paint, flooring materials, furniture, or appliances. C. Sales- Oriented Retail associated with a Repair- Oriented Retail, Industrial Service, Light /Technical Manufacturing, or General Manufacturing Use, provided that the floor area devoted to the retail display of merchandise does not exceed 50% of the total ground floor area or 5,000 square feet, whichever is less. d. Consignment stores as defined in Article 14 -9A, General Definitions. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Ordinance No. 1 1 -4447 Page 2 Passed and approved this 4th day of October , 2011. MAYOR Approved by ATTEST: ' "�� f %4 CITY CLERK City Attorney's Office Ordinance No. 11 -4447 Page 3 It was moved by Bailey and seconded by Mims that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x_ Champion _ x Dickens x Hayek x Mims x Wilburn x Wright First Consideration 9/6/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration 9/20/2011 Vote for passage: AYES: Champion,'Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Date published 10/13/2011 CITY O F IOWA CITY 9 MEMORANDUM Date: September 28, 2011 To: Tom Markus, City Manager From: Doug Boothroy, Director, Housing and Inspection Services Tim Hennes, Senior Building Inspector t' Re: Board of Appeals Composition ISSUE Amend the Iowa City Code to remove the Board of Appeals requirements for membership from the City Code and allow the requirements to be approved with the Board of Appeals By -Laws. DISCUSSION The Membership composition for the Board of Appeals is currently in both the City Code and the Board of Appeals By -Laws. It's unnecessary and cumbersome to have the Board criteria for membership in both the City Code and the By -Laws. This code amendment removes the membership requirements from the City Code and allows the requirements to be approved in the By -Laws. This amendment is consistent with how the membership requirements are approved for other City boards and commissions. RECOMMENDATION: Staff recommends approving the ordinance. Staff will recommend, at the October 18 City Council meeting, collapsing the second and third readings and approval of the ordinance. The Council will also be asked to consider a resolution that will amend the Board's By -Laws and change the criteria for membership. A memorandum explaining the changes to the Board of Appeals by -laws will be provided to council for the October 18 meeting. hsb1g 1mem1boa092811. doc Prepared by: Susan Dulek, Asst. City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (319) 356 -5030 ORDINANCE NO, AN ORDINANCE AMENDING CITY CODE TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 12, ENTITLED "APPEALS," TO ELIMINATE THE COMPOSITION REQUIREMENTS OF THE BOARD OF APPEALS. WHEREAS, the appeals procedure for the Building Code, Plumbing Code, Mechanical Code, and Fire Code includes the composition of the Board of Appeals; WHEREAS, the composition need not be contained within the City Code; and WHEREAS, the City Council believes that it is in the best interest of the City of Iowa City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 17, entitled "Building and Housing," Chapter 12, entitled "Appeals," Section 1 is hereby amended by deleting it in its entirety and substituting in lieu thereof the following new Section 1: A Board of Appeals is established. Members shall be appointed by the City Council. The number of Board members, the terms, and eligibility requirements shall be set forth in by -laws, which are approved by City Council. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2011. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright that the Ordinance First Consideration 10/4/2011 Vote for passage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. -NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Kristopher Ackerson, Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5247 ORDINANCE NO. ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION B, ENTITLED "EXCEPTIONS" WHEREAS, City Code Section 9- 3 -6(B) currently defines speed limits for North Dodge Street (Iowa Highway 1); and WHEREAS, it is in the best interest of the City to define maximum allowable speeds for all vehicles on public streets and highways; WHEREAS, the City Engineer recommends the speed limit on North Dodge Street (Iowa Highway 1) from a point 300 feet north of Prairie Du Chien Road to a point 315 feet north of Conklin Lane be designated 35 miles per hour; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub - Section B, entitled "Exceptions" is hereby amended by deleting the following language: SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Page 1 of 2 Maximum Speed Limit Name of Street (MPH) Where Limit Applies Iowa Highway 1 45 From the intersection of North Dubuque Road to a point 600 feet south of the city limits and replacing it with the following language: Maximum Speed Limit Name of Street (MPH) Where Limit Applies Iowa Highway 1 45 From a point 315 feet north of the intersection of Conklin Lane to a point 670 feet north of the intersection of Northgate Drive Iowa Highway 1 35 From a point 300 feet north of the intersection of Prairie du Chien Road to a point 315 feet north of the intersection of Conklin Lane SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Page 1 of 2 Passed and approved this day of 12011. MAYOR ATTEST: CITY CLERK Appr ved by 1,1 t "City Attorney's Office 71527 a'7 / Page 2 of 2 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 10/4/2011 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published r i CITY OF IOWA CITY - - W 10 MEMORANDUM Date: September 29, 2011 To: City Manager From: Jeff Davidson Re: Speed limit on North Dodge Street (Iowa Highway 1) — October 4, 2011, City Council meeting Introduction: This ordinance amendment (attached) has been revised following additional input from the Iowa Department of Transportation; both termini of this new 35 mile per hour zone are different than previously proposed. Background: This ordinance amendment replaces another considered at the September 20, 2011 City Council meeting that proposed establishing the speed limit at 35 miles per hour from the intersection of Prairie du Chien to a point 175 feet north of Conklin Lane. Discussion of Solution: Based on a speed study of the North Dodge Street corridor, the City Engineer and Iowa Department of Transportation recommend establishing the speed limit at 35 miles per hour from a point 300 feet north of Prairie du Chien to a point 315 feet north of Conklin Lane. Recommendation: Staff requests expedited consideration of this ordinance at the October 18, 2011 City Council meeting. N (=7 Prepared by: Kristopher Ackerson, Asst. Transportation Planner, 410 E. Washington Street, lo IPA2240319- 356 -5247 ORDINANCE NO. Sm, ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHI LES AND TRA 1 ;' (PAPTbW3, ENTITLED "RULES OF T E ROAD," SECTION 6, EN ITLED "SPEED - 'RESTJ�ICTIONS ", SUBSECTION B, ENTITLED " XCEPTIONS" WHEREAS, City Code Section - 3 -6(B) currently defines sp ed limits for North Dodge Street (Iowa Highway 1); and WHEREAS, it is in the best interest o the City to define maxi m allowable speeds for all vehicles on public streets and highways; WHEREAS, the City Engineer recomme ds the speed limit n North Dodge Street (Iowa Highway 1) from a point 300 feet north of Prairie Du Chien oad to a point 5 feet north of Conklin Lane be designated 35 miles per hour; and NOW, THEREFORE, BE IT ORDAINED BY AE CITY/-'OUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffi " Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub - Section B, entitl "Exceptions" is hereby amended by deleting the following language: Maximum Speed Limit Name of Street MPH W re Limit A lies Iowa Highway 1 45 Fr m the interse tion of North Dubuque Road to a point 600 f et south of the c y limits and replacing it with the following langi Maximum Speed Limit Name of Street MPH Iowa Highway 1 45 Iowa Highway 1 35 Where Limit Applies From a point 315 feet noM Lane to a point 670 feet no) Drive From a point 300 feet north Chien Road to a point 315 Conklin Lane of the intersection of Conklin th of the intersection of Northgate the intersection of Prairie du Knorth of the intersection of SECTION II. REPEALER. Al ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Page 1 of 2 Passed and approved this _ Anil ^f MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office gni 1 to 75 7-7 Page 2 of 2 Prepared by: Kristopher Ackerson, Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5247 ORDINANCE NO. ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION B, ENTITLED "EXCEPTIONS ". WHERE S, City Code Section 9- 3 -6(B) currently defines sp d limits for Iowa Highway 1; and WHEREA the City Engineer recommends the speed limit f om Prairie Du Chien Road to a point 175 feet north of Conk Lane be designated 35 miles per hour; an WHEREAS, it is i the best interest of the City to define m ximum allowable speeds for all vehicles on public streets and hig ays; NOW, THEREFORE, BE ORDAINED BY THE CIT COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles nd Traffic," Ch ter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub - Section , entitled " ceptions" is hereby amended by deleting the following language: Maximum Speed Limit Name of Street MPH Wher imi Applies Iowa Highway 1 45 Fro the inte ection of North Dubuque Road to a point 600 fee south of th6,city limits and replacing it with the following lang Maximum Speed Limit Name of Street MPH /Where Limit Applies Iowa Highway 1 45 From a point 175 feet north of the intersection of Conklin Lane to a point 600 feet south of the city limits Iowa Highway 1 35 / From the intersection Prairie du Chien Road to a point 175 feet north of the intersection of Conklin Lane SECTION II. REPEALER. All rdinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. invalid or unconstitutional, su section, provision or part thei SECTION IV. EFFECTI% T . If any section, provision or part of the Ordinance shall be adjudged to be /adjudication shall not affect the validity of the Ordinance as a whole or any if not adjudged invalid or unconstitutional. DATE. This Ordinance shall be effective upon publication. Passed and approved,this day of MAYOR ATTEST: CITY CL 2011. Approved by ffice -7 City Attorney's O �� Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and, upon roll call there were: AYES: NAYS:''' ,, ABSENT: Bailey DicI Dic i 4b' rn Wrigh First Consideration 9/6/2011 Vote for passage: AYES: Bail Champion, D\ensHa Mims, Wilburn, Wright. NAYS: None. ABSENT: Non . Second Consideration 9 20 201 Vote for passage: AYES: H ek, Mims, Wilburley, Champion, Dickens. NAYS: None. ABSENT: 7�1-- e. Date published Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 ORDINANCE NO. AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE TOWNCREST URBAN RENEWAL AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE TOWNCREST URBAN RENEWAL PLAN. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 10 -509 passed and approved on the 7th day of December, 2010, adopted an Urban Renewal Plan (the "Urban Renewal Plan ") for an urban renewal area known as the Towncrest Urban Renewal Area, (the "Urban Renewal Area "), which Urban Renewal Area includes the lots and parcels located within the area legally described as follows: Lots 1 -4, Block 5; Block 6; Lots 1 -4, Block 7; the N 100' of Lot 1 & the E 22' of the N 100' of Lot 2, Block 14; and the S 75' of Lot 8 & the E 10' of the S 75' of Lot 7, Block 15, and to the centerline of all adjacent rights -of -way, East Iowa City Subdivision, Iowa City, Iowa, according to the plat thereof; and Lots 5 -19, Block 1; Lots 8 -10, Block 2; and Lots 7 -9, Block 3, and to the center line of all adjacent rights -of -way, Towncrest Addition, Iowa City, Iowa as shown on the plat thereof recorded at Book 4, Page 323 of the Johnson County Recorder; and Commencing at the northwest corner of Lot 12, Block 1, Towncrest Addition, then north 200', then east 107.5', then south 200', then west 107.5', and to the centerline of the adjacent rights -of -way; and Blocks 1 & 2, and Lots 1 & 2, Block 3, and to the centerline of all adjacent rights -or -way, Towncrest Addition Part Two Revised, Iowa City, Iowa, as shown on the plat thereof recorded at Book 6, Page 6 of the Johnson County Recorder; and Commencing at the NE corner of Lot 1, Block 1, Towncrest Addition Part Two Revised, thence E 160', thence S 148', thence W 160', thence N 148', and to the centerline of the adjacent Muscatine Avenue right -of -way; and The real estate north of and adjacent to Muscatine Avenue between First Avenue and Waters First Addition, excluding the Memory Gardens Cemetery; and WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable property in the Urban Renewal Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, rebates, grants, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Area without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Area exceeds the total assessed value of the taxable property in the Urban Renewal Area as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed., The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Area and the territory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this day of , 20 y me] - ATTEST: CITY CLERK Appr ved by 6�e ty Attorney's Office � /l/IZ // Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 9/20/2011 Vote for passage: AYES: Mims, Wilburn, Wright, ABSENT: None. ABSTAIN: Champion. Second Consideration 10/4/2011 Vote for passage: AYES: Dickens, Hayek, Mims, ABSENT: None. ABSTAIN: Champion. Date published that the Ordinance Bailey, Dickens, Hayek. NAYS: None. Wilburn, Wright, Bailey. NAYS: None.