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HomeMy WebLinkAbout2012-03-06 OrdinanceS c. Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 4E, NONCONFORMING SITUATIONS, REGARDING THE REGULATION OF NON - CONFORMING DEVELOPMENT. WHEREAS, the City's zoning code establishes rules that guide the use and development of properties that are legally nonconforming due to a change in the zoning designation of a property or a change in the zoning regulations; and WHEREAS, it is the intent of the nonconforming provisions of the zoning code to guide future uses and development in a direction consistent with City policy, to protect the character of an area by reducing the potential negative impacts from nonconforming situations, and over time, to bring development into compliance with the City's regulations while also providing for flexibility and relief from the strict application of zoning provisions so that properties can continue in productive use overtime; and WHEREAS, the provisions in Section 14 -4E -8, Nonconforming Development, are intended to provide flexibility and in some cases relief from the current site development standards for nonconforming property as they redevelop, expand, or change uses over time; and WHEREAS, while recent changes to the zoning code brought the City's regulations in line with current accepted practice with regard to commercial site design, including screening and buffering parking areas, outdoor storage areas, and display lots from public sidewalks and neighboring properties, there are many older properties that are noncompliant with these new standards; and WHEREAS, it is necessary to provide more flexibility and relief in certain circumstances from the strict application of new site development standards that would not be feasible or practical or would unduly reduce the ability to use or re -use a property due to topography, location of existing buildings, or other site constraints. 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 Section 14 -4E -8, Regulation of Nonconforming Development, and substituting in lieu thereof: A. General Provisions 1. Except as otherwise restricted, prohibited or allowed in this Article, a use or structure located on a lot that contains nonconforming development may be converted to a different use or altered, provided such change in use or alteration does not increase or extend the nonconformity and provided the applicable compliance standards listed in this section are met. 2. Alterations When alterations are made to a building or buildings on a property that contains nonconforming development, and the cost of said alterations is over the threshold Ordinance No. Page 2 values set forth in subparagraph a. below, the site must be brought into conformance with the development standards listed in subparagraph b., up to the cap stated in subparagraph c. The value of the alterations is based on the entire project, not individual building permits. Mandatory improvements for fire, life safety and accessibility do not count toward the thresholds. The stated thresholds are not cumulative. a. Thresholds triggering compliance (1) Alterations with a value 35 percent or greater than the assessed value of all improvements on the site, including sites with multiple tenants in one or more buildings; or (2) Alterations with a value of more than $25,000. b. Standards that must be met Development not in compliance with the development standards listed below must be brought into conformance or be granted a minor modification. Requirements or standards that would not be feasible or practical or would unduly reduce the ability to use or re -use the property due to topography, location of existing buildings, or other site constraints, may be modified or waived by minor modification. The City, at its discretion, may also waive or modify by minor modification any standards that cannot be met due to a conflict with any other requirement of this Title. (1) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas along street -side lot lines according to the applicable screening standard. Setback requirements may be modified to address site constraints; (2) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas from the Iowa River or from any Parks and Open Space Use, including trails, according to the applicable screening standard. Setback requirements may be modified to address site constraints; (3) Outdoor lighting standards; (4) Bicycle parking requirements; (5) Street and residential tree requirements; (6) Design, layout, landscaping, and tree requirements within parking areas; (7) Pedestrian circulation standards; (8) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas along side or rear lot lines. Setback requirements may be modified to address site constraints; (9) Access management standards. C. Cap on the cost of compliance. The standards listed in subparagraph b. must be met for the entire site. However, where the cost of compliance with the standards enumerated in subparagraph b above exceeds 10 percent of the value of the proposed alterations, the site shall be brought into compliance with all site development standards up to this 10 percent cap. It is the responsibility of the applicant to Ordinance No. Page 3 document that the cost of the required site development improvements will be greater than 10 percent of the value of the proposed alterations to the building or buildings on the site. If not all site improvements are being made due to the cost exceeding the cap, the extent and location of the site improvements below the cap will be determined by the City and shall generally follow the order of priority listed in subparagraph b, above. However, at the discretion of the City, the order of priorities may be adjusted in response to specific site characteristics and traffic safety concerns in order to maximize the benefits of site improvements for site users, adjacent properties, and the public. 3. Demolished or Destroyed Site When a use is proposed for a property where the principal building(s) have been demolished or destroyed, but that contains nonconforming development, such as parking lot paving, exterior lighting, signage, etc, the property must be brought into compliance with all applicable site development standards as set forth in the base zone and in Chapter 14 -5. 4. New Site Development on sites with Nonconforming Site Development Any new site elements being constructed or established on the site, such as new exterior lighting, new parking areas, new outdoor storage or display areas, new signage, etc, must comply with current applicable standards. 5. Reconstruction or Re- establishment of Site Development Any nonconforming site elements that are being re- constructed or re- established must be brought into compliance with the current applicable standards. However, requirements or standards that would not be feasible or practical or would unduly reduce the ability to use or re -use the property due to topography, location of existing buildings, or other site constraints may be modified or waived by minor modification. The City may also waive or modify by minor modification any standard that cannot be met due to a conflict with any other requirement of this Title. B. Nonconformities with regard to the number of parking and loading spaces 1. If a non - residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is modified, expanded or enlarged such that there is an increase in the number of required spaces over the existing situation, only the number of spaces relating to the modification, expansion or enlargement need to be provided. These spaces are in addition to any spaces already in existence on the site. 2. If a residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is changed in any way such that there is an increase in the number of required spaces over the existing situation, the property must be brought into full compliance with the number of spaces required. 3. A use that is nonconforming with regard to the required number of parking, stacking, or loading spaces may be converted to a use in another use category or subgroup without full compliance with the number of parking, stacking, or loading spaces, according to the following rules: a. If the number of required spaces for the converted use is more than what was required for the established use, only the number of spaces beyond what was required for the established use need to be provided. These spaces are in addition to any spaces already in existence on the site. Ordinance No. Page 4 b. In addition to any additional spaces required in subparagraph a., as many spaces as the lot will accommodate must be provided, up to the number needed to fully comply with the standard. C. Nonconforming Signs It is the intent of these provisions that nonconforming signs be eliminated over time as set forth below: 1. All lawfully established signs that become nonconforming due to a change in zoning or a change in the development regulations are permitted to remain as nonconforming signs. 2. The owner of a nonconforming sign is required to maintain the sign in such a manner as to avoid it becoming a hazardous sign. 3. Other than for routine maintenance, if a nonconforming sign is changed or altered in any way it must be brought into compliance with the provisions of Article 14 -5B, Sign Regulations, with the following exceptions: a. Nonconforming signs that are deemed historic, signs for a historic structure and signs on structures in a Historic Preservation Overlay Zone may qualify for a special exception as described in paragraph 4, below. b. On signs located within 1000 feet of an interstate highway that are legally non- conforming with regard to sign area or height limitations, the existing sign face may be changed or replaced, provided the sign meets all of the following criteria: (1) The sign is located on property that is zoned commercial; (2) The sign is not a hazardous sign, as defined in this Title; and (3) If the sign is located in an area subject to regulation due to its proximity to the Iowa City Municipal Airport, a determination of "no hazard to air navigation" has been received from the FAA. 4. The Board of Adjustment may grant a special exception to allow changes to a nonconforming sign, provided the following conditions are met: a. The sign must be located on a property designated as a Historic Landmark, a property registered on the National Register of Historic Places, or on a property listed as a key or contributing property in a Historic Preservation or Historic Conservation Overlay Zone. b. The sign must fall into one of the following categories: (1) The sign is in keeping with the architectural character of an historic structure and is appropriate to a particular period in the structure's history; or (2) The sign is an integral part of a property's historic identity; or (3) The sign makes a significant artistic or historic contribution to the community or neighborhood in which the sign is located. C. At the time of application for the special exception, changes to the subject sign must be approved by the Historic Preservation Commission through a certificate of appropriateness. If the Board of Adjustment grants a special exception for Ordinance No. Page 5 the sign, any subsequent changes to the sign do not have to be approved by the Board of Adjustment, but do require a certificate of appropriateness from the Historic Preservation Commission. d. If the sign is not maintained according to the provisions of Article 14 -5B, Sign Regulations, and becomes hazardous, the City may request that the Board of Adjustment revoke the special exception. 5. The Board of Adjustment may grant a special exception to allow repair or reconstruction of a nonconforming sign that has been damaged or destroyed by fire, explosion, act of God or by a public enemy if the following approval criteria are met: a. In order to qualify for this exception, the sign must fall into at least one of the following categories: (1) The subject sign is an integral part of the historic identity of a property or use designated as a Historic Landmark, a property registered on the National Register of Historic Places, or of a property listed as a key or contributing property in a Historic District or Conservation District Overlay Zone; or (2) The sign is an integral part of a property's historic identity such that it is generally recognized and associated with a longstanding business or institution and makes a significant artistic, cultural, or nostalgic contribution to the community or neighborhood. b. The sign must be reconstructed as nearly as possible to its historic design or to the design that is generally recognized and associated with the longstanding business or institution such that it continues to make a significant artistic, cultural or nostalgic contribution to the community or neighborhood. C. The sign must be reconstructed such that it is not a hazardous sign. The sign must be located in a manner that complies with Article 14 -5D, Intersection Visibility Standards. The Board may require changes to the sign, to its structure or mounting, or its location in order to improve public safety. If the sign is not maintained according to the provision of Article 14 -5B, Sign Regulations, and becomes hazardous, the City may request that the Board of Adjustment revoke the special exception. d. If the sign is located on a property designated as a Historic Landmark, a property registered on the National Register of Historic Places, or a property listed as a key or contributing property in a Historic District or Conservation District Overlay Zone, the subject sign must be approved by the Historic Preservation Commission and issued a certificate of appropriateness. If the Board of Adjustment grants a special exception for the sign, any subsequent changes to the sign do not have to be approved by the Board of Adjustment, but do require a certificate of appropriateness from the Historic Preservation Commission. D. Nonconforming Outdoor Lighting Any existing light fixture that is nonconforming with regard to how the fixture is aimed must be brought immediately into compliance if it is possible to re -aim the existing fixture. Ordinance No. Page 6 2. Upon repair, replacement, or relocation of any luminaire, such luminaire must comply with any applicable requirement that it be fully shielded. B. Deleting Subsection 14 -5E -7A and subsection 14 -5E -8A and renumbering the following subsections 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 2012. MAYOR Approved by ATTEST:a 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: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 3/6/2012 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published City of Iowa City 035 MEMORANDUM Date: February 2, 2012 To: Planning and Zoning Commi; From: Karen Howard, Associate P RE: Zoning Code amendments - Nonconforming Development Background Nonconforming situations are created when the zoning designation of a property is changed or the zoning regulations are changed such that an existing lawfully established use, structure, lot, or development no longer complies with the zoning regulations. Without provisions in the code to address nonconforming situations, properties would immediately have to be brought into compliance with current regulations and standards. The intent of the nonconforming chapter is to guide future uses and development in a direction consistent with City policy, to protect the character of an area by reducing the potential negative impacts from nonconforming situations, and over time, to bring development into compliance with the City's regulations. There are several types of nonconforming situations. The type that is the subject of this memo is "nonconforming development." Nonconforming development is defined as "an element of a development, such as a parking area, a loading area, outdoor lighting, landscaping, screening, or signage that was established in the conformance with the Zoning Code, but which subsequently, due to a change in the zone or to the requirements of the Zoning Code, is no longer in conformance with one or more of theses requirements." Before the Zoning Code was rewritten in 2005, there were no specific provisions for nonconforming development. For example, if a property had a parking lot that was not in compliance with the provisions of the code, it was technically considered a "nonconforming use," and under the strict interpretation of the previous ordinance, if the property owner wanted to build an addition or change the use, the entire parking lot and any other nonconforming site elements would have to be brought into full compliance with the code. In addition, prior to 2005, in commercial zones, outdoor storage and display was prohibited in most instances. However, when the Code was re- written it was acknowledged that there are many commercial uses that need to store bulky items or machinery outdoors and rather than prohibit this type of use of the property, the code was amended to allow outdoor storage and display of merchandise. However, to ensure that outdoor storage and display areas would not block pedestrian routes or become a permanent eyesore as viewed from the Page 2 public street or from the neighboring property, setback, screening and buffering standards were adopted. Similar screening and buffering standards were adopted in 2005 for parking areas, because there were many instances when parking lot pavement extended right to the public sidewalk along street frontages, which resulted in cars extending over the property line into the public right -of -way and blocking pedestrian movement along the sidewalk. With so little green or pervious surface remaining on commercial properties, storm water drainage was also a significant problem in some cases. The new code requires a landscaped buffer between parking areas and public sidewalks and neighboring properties. This landscaped buffer protects pedestrians, softens the edge of parking areas and outdoor storage and display areas as viewed from the public street and neighboring properties and provides a minimal amount of pervious surface to help with storm water drainage. Regulating Nonconforming Development While the aforementioned changes to the zoning code brought the City's regulations in line with current accepted practice with regard to commercial site design, there are many older properties that are noncompliant with these new standards. The provisions in Section 14 -4E -8, Nonconforming Development, are intended to provide flexibility and in some cases relief from the current site development standards for nonconforming properties as they redevelop, expand, or change uses over time. While the changes adopted with the new zoning code in 2005 did provide some flexibility and relief for properties that were not in compliance with the new standards, in 2010, we made some modifications to this section of the zoning code to address concerns about how difficult or costly it was to bring sites, particularly large sites into full compliance with current site development standards. With these new standards, compliance was triggered either when a new use was proposed for a site that had been vacant for a year or more, or when there was a change of use. There were also changes so that only certain elements would need to be brought into compliance, leaving open the possibility that some elements may never be improved. However, even with these recent changes, concerns have been expressed that simple changes of use within a building or small alterations or improvements to a building trigger requirements for improvements to parking areas, landscape screening, outdoor lighting, and similar, the cost of which is disproportionate to the cost of the alterations being made to the building. This has had the effect of discouraging changes of use or minor building improvements and reduced the ability of property owners to use and re -use properties in older commercial areas. Based on these concerns, it is clear that the mechanism in the code that triggers compliance over time needs to be revisited so that sites will continue to be improved over time until they are fully compliant, yet is calibrated so that the cost Page 3 of the site improvements would be only a small proportion of the proposed investments being made to improve the buildings on the site as uses change over time. To that end, staff recommends the attached changes to Section 14- 4E-8, Regulation of Nonconforming Development. Rather than a change of use triggering compliance measures, staff recommends a new mechanism whereby site improvements are triggered whenever physical improvements (alterations) are being to a building or buildings on a site. If the cost of the proposed building alterations exceeds $25,000 or if the value of said alterations is 35% or greater than the assessed value of all improvements on the entire site, then noncompliant site development will need to be brought into compliance with current standards, but only up to a cap, not to exceed 10% of the value of the proposed building alterations. Site improvements, the cost of which would exceed this cap, would not need to be made. In addition, site improvements would not need to be made if the value of the alterations to the building or buildings does not meet the threshold. Concluding Remarks The nonconforming section of the zoning ordinance is often the most difficult to understand because there are so many ways that development can vary over time. However, these are important provisions that provide reasonable accommodation and relief to ensure that older properties within the city can redevelop and thrive over time while at the same time ensuring that the negative aspects of nonconforming site elements are mitigated and /or gradually improved to ensure that property values in the vicinity are maintained and neighboring properties are not harmed. Staff finds that the proposed amendments will maintain the core purpose of bringing properties gradually into compliance with current standards over time, but provide additional flexibility and relief from regulations that might otherwise be a deterrent to redevelopment. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development Amend Section 14 -4E -8, Regulation of Nonconforming Development, as shown below. (Note that underlined language is new language to be added to the code and the strike - through notation indicates language to be deleted from the existing code.) A. General Provisions 1. Except as otherwise restricted, prohibited or allowed in this Article, a use or structure located on a lot that contains nonconforming development may be converted to a different use, enlarged or struetuFally altered, provided such change in use, enlaFgement-or alteration does not increase or extend the nonconformity and provided the applicable compliance standards listed in this section are met. 2. Alterations When alterations are made to a building or buildings on a property that contains nonconforming development, and the cost of said alterations is over the threshold values set forth in subparagraph a. below, the site must be brought into conformance with the development standards listed in subparagraph b., up to the cap stated in subparagraph c. The value of the alterations is based on the entire project, not individual building permits. Mandatory improvements for fire, life safety and accessibility do not count toward the thresholds. The stated thresholds are not cumulative. deyelepment standards as set feFth in the base zene and in Ghapter 14 5. HeweyeF, requiFements er standards that weu'd net be feasible er praetweal eF weuld unduly existing buildings, eF etheF sate eenstFaints, Fnay be Ffledified eF waived by i a. Thresholds triggering compliance (1) Alterations with a value 35 percent or greater than the assessed value of all improvements on the site, including sites with multiple tenants in one or more buildings; or (2) Alterations with a value of more than $25,000. b. Standards that must be met Development not in compliance with the development standards listed below must be brought into conformance or be granted a minor modification. Requirements or standards that would not be feasible or practical or would unduly reduce the ability to use or re -use the property due to topography, location of existing buildings, or other site constraints, may be modified or waived by minor modification. The City, at its discretion, may also waive or modify by minor modification anv standards that cannot be met due to a conflict with any other requirement of this Title. (1) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas along street -side lot lines according to the applicable screening standard. Setback requirements may be modified to address site constraints; (2) Screening of existing parking loading, vehicular use areas and outdoor storage and disQllav areas from the Iowa River or from any Parks and Open Space Use including_ trails according to the applicable screening standard. Setback requirements may be modified to address site constraints; (3) Bicycle parking requirements; (4) Street and residential tree requirements; (5) Design layout landscaping, and tree requirements within parking areas; (6) Pedestrian circulation standards; (n Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas along side or rear lot lines. Setback requirements may be modified to address site constraints; (8) Access management standards. Compliance with these standards may be moved up in the priority list, at the discretion of the City, to address traffic safety concerns; (9) Outdoor lighting standards. C. Cap on the cost of compliance. The standards listed in subparagraph b. must be met for the entire site. However, where the cost of compliance with the standards enumerated in subparagraph b above exceeds 10 percent of the value of the proposed alterations the site shall be brought into compliance with all site development standards up to this 10 percent cap It is the responsibility of the applicant to document that the cost of the required site development improvements will be greater than 10 percent of the value of the proposed alterations to the building or buildings on the site. If not all site improvements are being made due to the cost exceeding the cap the extent and location of the site improvements below the cap will be determined by the City and shall generally follow the order of priori listed in subparagraph b, above. However, at the discretion of the City, the order of priorities may be adjusted in response to specific site characteristics in order to maximize the benefits of site improvements for site users, adjacent properties, and the public. 3. Demolished or Destroyed Site When a use is proposed for a property where the principal building(s) have been demolished or destroyed, but that contains nonconforming development, such as parking lot paving, exterior lighting, signage, etc, the property must be brought into compliance with all applicable site development standards as set forth in the base zone and in Chapter 14 -5. subgreup and the pFepeFLy Is net in eefflplianEe with the fellewing site develepmen standards, it must be bFeught eemplianee with said standards. Hewever-,-4' I / S. New Site Development on sites with Nonconforming Site Development Any new site elements being constructed or established on the site, such as new exterior lighting, new parking areas, new outdoor storage or display areas, new signage, etc, must comply with current applicable standards. 6. Reconstruction or Re- establishment of Site Development Any nonconforming site elements that are being re- constructed or re- established must be brought into compliance with the current applicable standards. However, requirements or standards that would not be feasible or practical or would unduly reduce the ability to use or re -use the property due to topography, location of existing buildings, or other site constraints may be modified or waived by minor modification. The City may also waive or modify by minor modification any standard that cannot be met due to a conflict with any other requirement of this Title. B. Nonconformities with regard to the number of parking and loading spaces 1. If a non - residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is modified, expanded or enlarged such that there is an increase in the number of required spaces over the existing situation, only the number of spaces relating to the modification, expansion or enlargement need to be provided. These spaces are in addition to any spaces already in existence on the site. 2. If a residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is changed in any way such that there is an increase in the number of required spaces over the existing situation, the property must be brought into full compliance with the number of spaces required. "I'll-Alla 154 MP existing buildings, eF etheF site eenstraints, they may be medified eF waived by mineF of Vr'thiss : Re: � a - - ---- - - - -- -- - - - -- -- i 7- - I / S. New Site Development on sites with Nonconforming Site Development Any new site elements being constructed or established on the site, such as new exterior lighting, new parking areas, new outdoor storage or display areas, new signage, etc, must comply with current applicable standards. 6. Reconstruction or Re- establishment of Site Development Any nonconforming site elements that are being re- constructed or re- established must be brought into compliance with the current applicable standards. However, requirements or standards that would not be feasible or practical or would unduly reduce the ability to use or re -use the property due to topography, location of existing buildings, or other site constraints may be modified or waived by minor modification. The City may also waive or modify by minor modification any standard that cannot be met due to a conflict with any other requirement of this Title. B. Nonconformities with regard to the number of parking and loading spaces 1. If a non - residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is modified, expanded or enlarged such that there is an increase in the number of required spaces over the existing situation, only the number of spaces relating to the modification, expansion or enlargement need to be provided. These spaces are in addition to any spaces already in existence on the site. 2. If a residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is changed in any way such that there is an increase in the number of required spaces over the existing situation, the property must be brought into full compliance with the number of spaces required. "I'll-Alla 154 MP -- - - -- -- -- -- - - -- � a - - ---- - - - -- -- - - - -- -- i 7- - -- I" I we �i11 \�1•I�I \7 �1- 1�1. . \R.l- I��t•l— \.�1� \�� \il�l.l� \i 6. A use that is nonconforming with regard to the required number of parking, stacking, or loading spaces may be converted to a use in another use category or subgroup without full compliance with the number of parking, stacking, or loading spaces, according to the following rules: a. If the number of required spaces for the converted use is more than what was required for the established use, only the number of spaces beyond what was required for the established use need to be provided. These spaces are in addition to any spaces already in existence on the site. b. In addition to any additional spaces required in subparagraph a., as many spaces as the lot will accommodate must be provided, up to the number needed to fully comply with the standard. C. Nonconforming Signs It is the intent of these provisions that nonconforming signs be eliminated over time as set forth below: 1. All lawfully established signs that become nonconforming due to a change in zoning or a change in the development regulations are permitted to remain as nonconforming signs. 2. The owner of a nonconforming sign is required to maintain the sign in such a manner as to avoid it becoming a hazardous sign. 3. Other than for routine maintenance, if a nonconforming sign is changed or altered in any way it must be brought into compliance with the provisions of Article 14 -56, Sign Regulations, with the following exceptions: a. Nonconforming signs that are deemed historic, signs for a historic structure and signs on structures in a Historic Preservation Overlay Zone may qualify for a special exception as described in paragraph 4, below. b. On signs located within 1000 feet of an interstate highway that are legally non- conforming with regard to sign area or height limitations, the existing sign face may be changed or replaced, provided the sign meets all of the following criteria: (1) The sign is located on property that is zoned commercial; full the Artiele 11 5A, Parking Leading standaMs, eemplianee with pfeyisiens ef and • 6. A use that is nonconforming with regard to the required number of parking, stacking, or loading spaces may be converted to a use in another use category or subgroup without full compliance with the number of parking, stacking, or loading spaces, according to the following rules: a. If the number of required spaces for the converted use is more than what was required for the established use, only the number of spaces beyond what was required for the established use need to be provided. These spaces are in addition to any spaces already in existence on the site. b. In addition to any additional spaces required in subparagraph a., as many spaces as the lot will accommodate must be provided, up to the number needed to fully comply with the standard. C. Nonconforming Signs It is the intent of these provisions that nonconforming signs be eliminated over time as set forth below: 1. All lawfully established signs that become nonconforming due to a change in zoning or a change in the development regulations are permitted to remain as nonconforming signs. 2. The owner of a nonconforming sign is required to maintain the sign in such a manner as to avoid it becoming a hazardous sign. 3. Other than for routine maintenance, if a nonconforming sign is changed or altered in any way it must be brought into compliance with the provisions of Article 14 -56, Sign Regulations, with the following exceptions: a. Nonconforming signs that are deemed historic, signs for a historic structure and signs on structures in a Historic Preservation Overlay Zone may qualify for a special exception as described in paragraph 4, below. b. On signs located within 1000 feet of an interstate highway that are legally non- conforming with regard to sign area or height limitations, the existing sign face may be changed or replaced, provided the sign meets all of the following criteria: (1) The sign is located on property that is zoned commercial; (2) The sign is not a hazardous sign, as defined in this Title; and (3) If the sign is located in an area subject to regulation due to its proximity to the Iowa City Municipal Airport, a determination of "no hazard to air navigation" has been received from the FAA. 4. The Board of Adjustment may grant a special exception to allow changes to a nonconforming sign, provided the following conditions are met: a. The sign must be located on a property designated as a Historic Landmark, a property registered on the National Register of Historic Places, or on a property listed as a key or contributing property in a Historic Preservation or Historic Conservation Overlay Zone. b. The sign must fall into one of the following categories: (1) The sign is in keeping with the architectural character of an historic structure and is appropriate to a particular period in the structure's history; or (2) The sign is an integral part of a property's historic identity; or (3) The sign makes a significant artistic or historic contribution to the community or neighborhood in which the sign is located. C. At the time of application for the special exception, changes to the subject sign must be approved by the Historic Preservation Commission through a certificate of appropriateness. If the Board of Adjustment grants a special exception for the sign, any subsequent changes to the sign do not have to be approved by the Board of Adjustment, but do require a certificate of appropriateness from the Historic Preservation Commission. d. If the sign is not maintained according to the provisions of Article 14 -5B, Sign Regulations, and becomes hazardous, the City may request that the Board of Adjustment revoke the special exception. 5. The Board of Adjustment may grant a special exception to allow repair or reconstruction of a nonconforming sign that has been damaged or destroyed by fire, explosion, act of God or by a public enemy if the following approval criteria are met: a. In order to qualify for this exception, the sign must fall into at least one of the following categories: (1) The subject sign is an integral part of the historic identity of a property or use designated as a Historic Landmark, a property registered on the National Register of Historic Places, or of a property listed as a key or contributing property in a Historic District or Conservation District Overlay Zone; or (2) The sign is an integral part of a property's historic identity such that it is generally recognized and associated with a longstanding business or institution and makes a significant artistic, cultural, or nostalgic contribution to the community or neighborhood. b. The sign must be reconstructed as nearly as possible to its historic design or to the design that is generally recognized and associated with the longstanding business or institution such that it continues to make a significant artistic, cultural or nostalgic contribution to the community or neighborhood. C. The sign must be reconstructed such that it is not a hazardous sign. The sign must be located in a manner that complies with Article 14 -5D, Intersection Visibility Standards. The Board may require changes to the sign, to its structure or mounting, or its location in order to improve public safety. If the sign is not maintained according to the provision of Article 14 -5B, Sign Regulations, and becomes hazardous, the City may request that the Board of Adjustment revoke the special exception. d. If the sign is located on a property designated as a Historic Landmark, a property registered on the National Register of Historic Places, or a property listed as a key or contributing property in a Historic District or Conservation District Overlay Zone, the subject sign must be approved by the Historic Preservation Commission and issued a certificate of appropriateness. If the Board of Adjustment grants a special exception for the sign, any subsequent changes to the sign do not have to be approved by the Board of Adjustment, but do require a certificate of appropriateness from the Historic Preservation Commission. ith paFtieular use in Article 11 113; must be StandaFd SEFeened aleng fFeFn any side the eF FeaF public Fight let ef line that way te abuts the 62 a Residential StandaFd and te Zene beundaFy; the 63 be bFeught inte full StFeet:FFee meFe, said prepe" must EeFflplianee with and StandaMs. Leading 4.---The Gity landscaping that be Fnay waive any eF sEFee "ent eannet Fne that be feasible the te the weuld net eF pr-aetieal eF weuld unduly reduEe ability use E. Nonconforming Outdoor Lighting 1. Any existing light fixture that is nonconforming with regard to how the fixture is aimed must be brought immediately into compliance if it is possible to re -aim the existing fixture. 2. Upon repair, replacement, or relocation of any luminaire, such luminaire must comply with any applicable requirement that it be fully shielded. ... ........... .. ....... ... ........ ........ — - ..,....... — r..,r...., -...........,...,.,....,.......' ..... . SG, installed due tn �hp Pnkirgement must fully eemply with the OutdeeF 6ighting / PaFagFaphs 1. and ., abeye. SG, / GutdeeF Lighting StandaMs, / SG, . Amend Section 14 -5E -7, Street Tree Requirements, to eliminate provisions that will conflict with the proposed changes to 14 -$E -8, Regulation of Nonconforming Development. L14-5E-7 Street Tree Requirements The requirements of this Section provide for trees along streets to complement and soften the edges of development, to provide a tree canopy for pedestrians, and to define and unify the street edge. B. Street Trees Adjacent to the Public Right -of -Way On single frontage lots, one large tree is required for every 40 linear feet of frontage or one small tree for every 30 linear feet of frontage, but not less than one tree per lot. 2. On lots with more than one frontage, one tree is required for every 60 linear feet of frontage. 3. Required trees must be located as follows. a. Trees must be planted on private property adjacent to the right -of -way, except when subparagraphs (b) or (c) apply. For purposes of this Section, "adjacent" means that large trees must be planted within 14 feet of the right -of -way line and small trees must be planted within 8 feet of the right -of -way line. All other siting requirements contained in this Article must be observed. b. The number of trees required may be reduced by the number of qualifying trees that already exist in the right -of -way or adjacent to the right -of -way. To qualify, a tree must meet the requirements of Section 6, Preservation of Existing Trees. C. Trees that cannot be planted adjacent to the right -of -way due to a conflict with any provision of this Title must be planted within the right -of -way according to the provisions of Subsection C, Street Trees Within the Public Right -of -Way. However, trees that cannot be planted in conformity with the provisions of Subsection C may be omitted. C. Street Trees Within the Public Right -of -Way 1. Required street trees are to be planted within the right -of -way only in those cases where trees cannot be planted adjacent to the street right -of -way in accordance with Subsection B of this Section. 2. Trees planted in the public right -of -way must meet the following requirements: a. A tree - planting permit must be obtained from the City Forester. MEN B. Street Trees Adjacent to the Public Right -of -Way On single frontage lots, one large tree is required for every 40 linear feet of frontage or one small tree for every 30 linear feet of frontage, but not less than one tree per lot. 2. On lots with more than one frontage, one tree is required for every 60 linear feet of frontage. 3. Required trees must be located as follows. a. Trees must be planted on private property adjacent to the right -of -way, except when subparagraphs (b) or (c) apply. For purposes of this Section, "adjacent" means that large trees must be planted within 14 feet of the right -of -way line and small trees must be planted within 8 feet of the right -of -way line. All other siting requirements contained in this Article must be observed. b. The number of trees required may be reduced by the number of qualifying trees that already exist in the right -of -way or adjacent to the right -of -way. To qualify, a tree must meet the requirements of Section 6, Preservation of Existing Trees. C. Trees that cannot be planted adjacent to the right -of -way due to a conflict with any provision of this Title must be planted within the right -of -way according to the provisions of Subsection C, Street Trees Within the Public Right -of -Way. However, trees that cannot be planted in conformity with the provisions of Subsection C may be omitted. C. Street Trees Within the Public Right -of -Way 1. Required street trees are to be planted within the right -of -way only in those cases where trees cannot be planted adjacent to the street right -of -way in accordance with Subsection B of this Section. 2. Trees planted in the public right -of -way must meet the following requirements: a. A tree - planting permit must be obtained from the City Forester. b. Trees may not be planted in the area between a curb and a sidewalk if the width of the planting area is less than 9 feet, unless approved by the City Forester. C. All other siting requirements contained in Section 4 of this Article must be observed. d. Any tree planted within the street right -of -way must have a single trunk, with a minimum of four feet from grade to the first branch at the time of planting and must conform to the requirements of Title 10, Chapter 8, Trees and Plant Materials, of the City Code. 14 -5E -8 Tree Requirements for Residential Uses B. Minimum Requirements 1. For lots containing Two Family Dwellings, Multi - Family Dwellings, or Group Living Uses, trees must be planted on site at a minimum ratio of at least one tree for every 550 square feet of total building coverage of the lot. Any combination of small and large trees is allowed, provided this coverage ratio is met. 2. For lease lot developments, trees must be planted at a ratio of one tree for every lease lot in the development. Any combination of small and large trees is allowed provided this coverage ratio is met. C. Reductions and Substitutions 1. Trees planted to meet the requirements of Section 7, Street Trees, or to meet the tree requirements for parking areas specified in Article 14 -5A, Off- street Parking and Loading Standards may also be used to fulfill the requirements of this Section. 2. Existing trees preserved according to the provisions of Section 6 of this Article, Preservation of Existing Trees, may be used to fulfill the requirements of this Section. building(s) Twe Family Use, Multi Fal'Hily Use, e 1. NheneyeF a principal Eentaining a 2. �er Subdivisien Planned Develepment that lease lets, Twe Family any Uses, Mult; Family eF Uses, GFeup Hying 61ses eentains landseape be eF a plan must submitted B. Minimum Requirements 1. For lots containing Two Family Dwellings, Multi - Family Dwellings, or Group Living Uses, trees must be planted on site at a minimum ratio of at least one tree for every 550 square feet of total building coverage of the lot. Any combination of small and large trees is allowed, provided this coverage ratio is met. 2. For lease lot developments, trees must be planted at a ratio of one tree for every lease lot in the development. Any combination of small and large trees is allowed provided this coverage ratio is met. C. Reductions and Substitutions 1. Trees planted to meet the requirements of Section 7, Street Trees, or to meet the tree requirements for parking areas specified in Article 14 -5A, Off- street Parking and Loading Standards may also be used to fulfill the requirements of this Section. 2. Existing trees preserved according to the provisions of Section 6 of this Article, Preservation of Existing Trees, may be used to fulfill the requirements of this Section. � C Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 4E, NONCONFORMING SITUATIONS, REGARDING THE REGULATION OF NON - CONFORMING DEVELOPMENT. WHEREAS, the City's zoning code establishes rules that guide the use and development of properties that are legally nonconforming due to a change in the zoning designation of a property or a change in the zoning regulations; and WHEREAS, it is the in nt of the nonconforming provision of the zoning code to guide future uses and developme in a direction consistent with City policy, to protect the character of an area by reducing the p ential negative impacts from no conforming situations, and over time, to bring development int compliance with the City's r ulations while also providing for flexibility and relief from the s ict application of zoning rovisions so that properties can continue in productive use over ti e; and WHEREAS, the provisions in ction 14 -4E -8, Nonco forming Development, are intended to provide flexibility and in some ca es relief from the c rrent site development standards for nonconforming property as they redev lop, expand, or c ange uses over time; and WHEREAS, while recent changes t the zoning c de brought the City's regulations in line with current accepted practice with rega d to comme cial site design, including screening and buffering parking areas, outdoor storage areas, an display lots from public sidewalks and neighboring properties, there are many of r prope ies that are noncompliant with these new standards; and WHEREAS, it is necessary to provide n from the strict application of new site deve' practical or would unduly reduce the ability location of existing buildings, or other site con NOW, THEREFORE, BE IT ORDAINED I CITY, IOWA: / SECTION I. The Code of Ordinances o/ re exibility and relief in certain circumstances D nt standards that would not be feasible or to se or re -use a property due to topography, the C follows: A. Deleting Subsection 14 -4E -8, Re lation of in lieu thereof: A. General Provisions CITY COUNCIL OF THE CITY OF IOWA Iowa City, Iowa is hereby amended as ng Development, and substituting 1. Except as other wis estricted, prohibited or allowe in this Article, a use or structure located on a lot t t contains nonconforming develo ment may be converted to a different use or tered, provided such change in use r alteration does not increase or extend the onconformity and provided the applica le compliance standards listed in this sec are met. 2. Alterations When alterations are made to a building or buildings on property that contains nonconforming development, and the cost of said alterations is over the threshold Ordinance No. Page 2 values set forth in subparagraph a. below, the site must be brought into conformance with the development standards listed in subparagraph b., up to the cap stated in subparagraph c. The value of the alterations is based on the entire project, not individual building permits. Mandatory improvements for fire, life safety and accessibility do not count toward the thresholds. The stated thresholds are not cumulative. a. Thresholds triggering compliance (1) Alterations with a value 35 percent or greater than the assessed value of all improvements on the site, including sites with multiple tenants in one or more buildings; or j (2) Alter tions with a value of more than $25 b. Standard t that must be met Developme t not in compliance with the develop ent standards listed below must be bro ht into conformance or be grante a minor modification. Requirements r standards that would not be f sible or practical or would unduly reduce a ability to use or re -use the operty due to topography, location of existi buildings, or other site co traints, may be modified or waived by minor dification. The City, at it discretion, may also waive or modify by minor mo ification any standards hat cannot be met due to a conflict with any other requir ent of this Title. (1) Screening of existi parking, loadin , vehicular use areas, and outdoor storage and display reas along str t -side lot lines according to the applicable screening andard. Set ack requirements may be modified to address site constraint (2) Screening of existing par 'ng, to ding, vehicular use areas, and outdoor storage and display areas om he Iowa River or from any Parks and Open Space Use, including trails, ording to the applicable screening standard. Setback requirements may odified to address site constraints; (3) Outdoor lighting standard , (4) Bicycle parking require nts; (5) Street and residential ree requirem nts; (6) Design, layout, land caping, and tree equirements within parking areas; (7) Pedestrian circula on standards; (8) Screening of ex' ting parking, loading, vet icular use areas, and outdoor storage an Zd play areas along side or re r lot lines. Setback requirements may be modi d to address site constraints; (9) Access ma agement standards. Compliance with these standards may be moved u in the priority list, at the discretion of the City, to address traffic safety c ncerns; C. Cap on th cost of compliance. The sta ards listed in subparagraph b. must be met for the entire site. Howe r, where the cost of compliance with the standards enumerated in subparagraph b above exceeds 10 percent of the value of the proposed Ordinance No. Page 3 alterations, the site shall be brought into compliance with all site development standards up to this 10 percent cap. It is the responsibility of the applicant to document that the cost of the required site development improvements will be greater than 10 percent of the value of the proposed alterations to the building or buildings on the site. If not all site improvements are being made due to the cost exceeding the cap, the extent and location of the site improvements below the cap will be determined by the City and shall generally follow the order of priority listed in subparagraph b, above. However, at the discretion of the City, the order of priorities may be adjusted in response to specific site characteristics in order to maximize the benefits of site improvements for site users, adjacent properties, and the public. 3. Demolished or Destroyed Site When a use is proposed for a property where the pri cipal uilding(s) have been demolished`or destroyed, but that contains nonconf rmi development, such as parking lot paving, exterior lighting, signage, etc, the operty must be brought into compliance with all applicable site development stan rds as set forth in the base zone and in Chapter 14 -5. 4. New Site Develo ment on sites with Nonconf rming Site Development Any new site eleme is being constructed or es blished on the site, such as new exterior lighting, ne parking areas, new out oor storage or display areas, new signage, etc, must co ly with current app ' able standards. 5. Reconstruction or Re- stabli Any nonconforming site a mer hment o ite Development s that a being re- constructed or re- established must be brought into com ance requirements or standards t t %A reduce the ability to use or re si existing buildings, or other site modification. The City may al v that cannot be met due to bnf B. Nonconformities with reaaAd to the he current applicable standards. However, not be feasible or practical or would unduly e property due to topography, location of :raints may be modified or waived by minor e or modify by minor modification any standard with any other requirement of this Title. 1. If a non - residential us which is nonc nfc of parking, stacking, r loading spaces, there is an increase ' the number of req the number of spa es relating to the mod be provided. Thee spaces are in addition site. per of parking and loading spaces ► rming with regard to the required number modified, expanded or enlarged such that ired spaces over the existing situation, only �tc:y on, expansion or enlargement need to spaces already in existence on the 2. If a residentia use, which is nonconforming wi regard to the required number of parking, stac ing, or loading spaces, is changed 'n any way such that there is an increase in pe number of required spaces over tN existing situation, the property must be br ught into full compliance with the num er of spaces required. 3. A use /di is nonconforming with regard to the requi ed number of parking, stacking, or loaspaces may be converted to a use in anoth r use category or subgroup witholl compliance with the number of parking, st king, or loading spaces, accor to the follo wing rules: a. /4f the number of required spaces for the converted use is more than what was required for the established use, only the number of spaces beyond what was Ordinance No. Page 4 required for the established use need to be provided. These spaces are in addition to any spaces already in existence on the site. b. In addition to any additional spaces required in subparagraph a., as many spaces as the lot will accommodate must be provided, up to the number needed to fully comply with the standard. C. Nonconforming JSigns It is the intent of ese provisions that nonconforming signs be eliminated over time as set forth below: , 1. All lawfully esta ished signs that become nonconforming due to change in zoning or a change in th development regulations are permitted to re ain as nonconforming sig . 2. The owner of a nonc forming sign is required to maintain th sign in such a manner as to avoid it becomin a hazardous sign. 3. Other than for routine m 'ntenance, if a nonconforming sig is changed or altered in any way it must be brough into compliance with the prov' ions of Article 14 -5B, Sign Regulations, with the follows g exceptions: a. Nonconforming signs tha are deemed historic, si s for a historic structure and signs on structures in a Hi oric Preservation Ov lay Zone may qualify for a special exception as describ in paragraph 4, elow. b. On signs located within 1000 et of an inter ate highway that are legally non- conforming with regard to sign ea or heig t limitations, the existing sign face may be changed or replaced, pro ided th sign meets all of the following criteria: (1) The sign is located on property tit is zoned commercial; (2) The sign is not a hazardous sig , \djerlmination fined in this Title; and (3) If the sign is located in an ar suto regulation due to its proximity to the Iowa City Municipal Airp rt, a of "no hazard to air navigation" has been receiv d froFAA. 4. The Board of Adjustment may gran a special exce do nonconforming sign, provided the Ilowing conditi0 s a. The sign must be located o �a property designa E property registered on the ational Register of listed as a key or contributing property in a Histo Conservation Overlay Zohe. b. The sign must fall into one of the following categ (1) The sign is in keeping with the architectural structure and is appropriate to a particular r or (2) The sign is an integral part of a property's h n to allow changes to a are met: �d as a Historic Landmark, a � toric Places, or on a property c Preservation or Historic cter of an historic in the structure's history; identity; or (3) The sign makes a significant artistic or historic contribution to the community or neighborhood in which the sign is located. Ordinance No. Page 5 C. At the time of application for the special exception, changes to the subject sign must be approved by the Historic Preservation Commission through a certificate of appropriateness. If the Board of Adjustment grants a special exception for the sign, any subsequent changes to the sign do not have to be approved by the Board of Adjustment, but do require a certifiiMte of appropriateness from the Historic Preservation Commission. T d. f the sign is not maintained according to the p visions of Article 14 -5B, Sign gulations, and becomes hazardous, the City ay request that the Board of A ' stment revoke the special exception. 5. The Board f Adjustment may grant a special ex eption to allow repair or reconstructio of a nonconforming sign that ha been damaged or destroyed by fire, explosion, act God or by a public enemy if a following approval criteria are met: a. In order to ualify for this exc/pn sign must fall into at least one of the following cat ories: (1) The subjec ign is an intof the historic identity of a property or use designat as a Histark, a property registered on the National Regis r of Histo or of a property listed as a key or contributing pro rty in a istrict or Conservation District Overlay Zone; or (2) The sign is an integr rt of a property's historic identity such that it is generally recognized a d associated with a longstanding business or institution and makes a ' nificant artistic, cultural, or nostalgic contribution to the c mm ity or neighborhood. b. The sign must be recon ructed a nearly as possible to its historic design or to the design that is gene Ily recogni ed and associated with the longstanding business or institution uch that it co tinues to make a significant artistic, cultural or nostalgic ntribution to the community or neighborhood. C. The sign must be r onstructed such tha t is not a hazardous sign. The sign must be located in a manner that complies ith Article 14 -5D, Intersection Visibility Standar . The Board may require :riateness. es to the sign, to its structure or mounting, or . s location in order to imprlic safety. If the sign is not maintained acc rding to the provision of Art5B, Sign Regulations, and becomes haza dous, the City may request tBoard of Adjustment revoke the special a eption. d. If the sign i located on a property designat istoric Landmark, a property r istered on the National Register on Places, or a property listed as key or contributing property in a Dis rict or Conservation District verlay Zone, the subject sign must rove by the Historic Prese tion Commission and issued a certi appr riateness. If the Board of Adjustment grants a special exception for the sign, any subsequent cha es to the sign do not have to be approved by the Board of Adjustment, b do require a certificate of appropriateness from the Historic Preservation Commission. Ordinance No. Page 6 D. Nonconforming Outdoor Lighting 1. Any existing light fixture that is nonconforming with regard to how the fixture is aimed must be brought immediately into compliance if it is possible to re -aim the existing fixture. 2. Upon r' pair, replacement, or relocation of any luminaire, suc luminaire must comply with an applicable requirement that it be fully shielded. B. Deleting Subsec n 14 -5E -7A and subsection 14 -5E -8A and re mbering the following subsections accor 'ngly. SECTION II. REP EA R. All ordinances and parts of ordin ces in conflict with the provisions of this Ordinance are here repealed. SECTION III. SEVERA LITY. If any section, provisi or part of the Ordinance shall be adjudged to be invalid or un nstitutional, such adjudic ion shall not affect the validity of the Ordinance as a whole or an section, provision o part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DA . This Ordina a shall be in effect after its final passage, approval and publication. Passed and approved this da of , 2012. MAYOR / \ Approved by ATTEST: CITY CLERK City Attorney's Office 5d Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5240 (REZ12- 00002) ORDINANCE NO, ORDINANCE REZONING APPROXIMATELY 1.25 ACRES LOCATED AT 108 MCLEAN FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL ZONE (RNS -20) TO PLANNED DEVELOPMENT OVERLAY /NEIGHBORHOOD STABILIZATION (OPD /RNS -20). (REZ12- 00002) WHEREAS, the applicant Parish Apartment LLC, has requested a rezoning of property located at 108 McLean from Neighborhood Stabilization Residential zone (RNS -20) to Planned Development Overly /Neighborhood Stabilization Residential zone (OPD /RNS -20); and WHEREAS, the property contains a protected slope with grades exceeding 40% as well as a grove of oak trees; and WHEREAS, the applicant is proposing to convert the existing historic structure on the site to 16 one - bedroom apartments; and WHEREAS, the applicant is requesting a buffer reduction in order to allow a 12 -space parking area and dumpster pad within the buffer on the east side of the building and up to 5 additional spaces to the west of the building; and WHEREAS the sensitive areas provision of the zoning code allows a buffer reduction if a geologist or professional engineer demonstrates to the satisfaction of the City that the proposed development activity is designed to eliminate hazards and will not undermine the stability of the slope or buffer area; and WHEREAS, the applicant's engineer has submitted a Sensitive Areas Development Plan showing how the modified site will effectively manage stormwater run -off and control erosion; and WHEREAS, City Staff have reviewed the proposed plan and believe it will minimize damage to the grove of trees and will appropriately control stormwater and erosion; and WHEREAS, the Comprehensive Plan contains policies that encourage the protection of natural features and the preservation of historic structures; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. 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 RNS -20 to OPD /RNS -20: LEGAL DESCRIPTION Retracement Plat of Survey Lots 10, 11, & 12 in Block 3 and part of Lot 6 Block 4, Manville Heights Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 55, at Page 352, in the records of the Johnson County Recorder's Office, containing 1.25 acres, (54,498 square feet), and subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance 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 Sensitive Areas Development Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all 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 Ordinance No. Page 2 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. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office a aLl rZ 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: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 3/6/2012 Vote for passage: AYES: Hayek, Mims, Payne, lHrogmorton, Champion, Dickens, Dobyns. NAYS: Nane. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 3M356 -52S (RE 12- 00002) t"? ORDINANCE NO. , , p\,' ORDINANCE EZONING APPROXIMATELY 1.25 ACRES LOCATEAT 108 MCLEAN FROM NEIGHBORHOO STABILIZATION RESIDENTIAL ZONE (RNS -20) DEVELOPMENT OVERLAY /NEIG ORHOOD STABILIZATION (OPD /RNS -20). (REZ12-0 ) WHEREAS, the a licant Parish Apartment LLC, has requested a r zoning of property located at 108 McLean from Neighb hood Stabilization Residential zone (R -20) to Planned Development Overly /Neighborhood Stabi ' ation Residential zone (OPD /RNS -20); an WHEREAS, the prope \isroposing protected slope with grades xceeding 40% as well as a grove of oak trees; and WHEREAS, the applic to convert the existing istoric structure on the site to 16 one - bedroom apartments; and WHEREAS, the applicg a buffer reduction in rder to allow a 12 -space parking area and dumpster pad within the bust side of the building nd up to 5 additional spaces to the west of the building; and WHEREAS the sensitive areas provisi of the zonin g professional engineer demonstrates to the sa ' faction of t designed to eliminate hazards and will not under ine the st a WHEREAS, the applicant's engineer has su i the modified site will effectively manage stormwater WHEREAS, City Staff have reviewed the propos of trees and will appropriately control stormwater and WHEREAS, the Comprehensive Plan contains F and the preservation of historic structures; and WHEREAS, the Planning and Zoning Commis: recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CI' SECTION I APPROVAL. Property described/ designation of RNS -20 to OPD /RNS -20: a c de allows a buffer reduction if a geologist of he City that the proposed development activity is ility of the slop or buffer area; and ensitive Areas Development Plan showing how ind control erosion; and and believe it will minimize damage to the grove i; and that encourage the protection of natural features the reviewed the proposed rezoning and has COUNO�L OF THE CITY OF IOWA CITY, IOWA: low is h eby reclassified from its current zoning Retracement Plat of Survey Lots 10, 11, 12 in Block 3 and part of of 6 Block 4, Manville Heights Addition, Iowa City, Iowa, in accordant with the Plat thereof re fo d in Plat Book 55, at Page 352, in the records of the Johnson Cou Recorder's Office, containin 1.25 acres, (54,498 square feet), and subject to easements and re rictions of record. SECTION II. ZONING MAP. The/13uilding Inspector is hereby authorized did directed to change the zoning map of the City of Iowa City, wa, to conform to this amendment upon He final passage, approval and publication of this ordinance by w. 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 Sensitive Areas Development Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all 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 Ordinance No. Page 2 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. 3 33 j }a0 M2 J ypj r W 9 -1 8 d S I i wo aa�__ 7 � ° a^ < w 6��s9�tlk S$S$s��tl��g�s�s SS .• S S Ss o �,,,,i ,', ,,,,,,,,, o� ,i,l,,,,k •Y� ;fie y k �'o �� � i i 1 , , �NINNN ^•tea• ' � ° @ @ �� � g�o IIr 1 I o 9E� i � � � i j �NNNRM••1WI 1 I I � � ��5 �� )� 5 S4i k3 cggc e tl f y aA y, � IT, i111 Ill %_11 1 i' `iM ► €1171,.1 �a %A7 e�pgisx €i %tltbl z gw 4 z # w 2 a O J w (n W F- 0 Z < LLJ w2w�: Q�U o F'CL w zQUQ � rr3: ^:� z Q Q a0- O } Q z J w w CL st s Ez U :jg R Lj r ���i STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: REZ12 -00002 108 McLean St. Date: February 16, 2012 GENERAL INFORMATION: Applicant: Parish Apartments LLC 3801 Beverly Road SW, Suite 300 Cedar Rapids, IA 52404 Contact Person: Paul Anderson MMS Consultants, Inc. 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 319 351 8282 Requested Action: Planned Development Overlay rezoning to allow reduction of protected slope buffer. Purpose: To allow construction of parking areas within slope buffer and therefore the conversion of the building into 16 one - bedroom apartments. Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: 108 McLean Street 1.25 acres Former St. Thomas More Parish House- RNS -20 North: Residential — RNS -20 South: Residential — RNS -20 East: Residential — RNS -20 West: Single family residential — RS -5 Residential 16 -24 units per acre City Park (NW2) January 26, 2012 March 10. 2012 BACKGROUND INFORMATION: The building at 108 McLean Street was built in 1929 as the Sigma Pi Fraternity House. In the 1940's it was acquired by the Catholic Diocese of Davenport. At the end of World War II it was used as the St. Thomas More Church and Catholic Student Center. After a new church building was built on adjacent property, it became the parish house and rectory. In 2009 the church moved to a new location and sold the property to Parish House Apartments LLC, which is planning to convert the building to 16 one - bedroom apartments. 2 The property contains a protected slope with grades exceeding 40% along the northern and eastern boundary. A grove of oak trees is also present on the western and southern portions of the property. The sensitive areas provisions of the zoning code require that slopes, and a buffer area adjacent to the slopes, not be disturbed by development activity. The applicant is requesting a buffer reduction to allow reconstruction of the parking lot within the buffer area and the addition of 4 parking spaces and a dumpster pad on the east side of the building. A Planned Development Overlay (OPD) rezoning with a Sensitive Areas Development Plan (SADP) is required to allow the buffer to be reduced. A study conducted by the Historic Preservation Commission has determined that the structure at 108 McLean Street is eligible for listing on the National Register of Historic Places. The applicant has indicated that they are applying to place the property on the National Register and may also request that it be designated a local Historic Landmark. The applicant has indicated that they have used the "Good Neighbor Policy" and have had conducted a neighborhood meeting. A report from the meeting is attached. ANALYSIS: Current Zoning: The purpose of the Neighborhood Stabilization Residential (RNS -20) zone is to stabilize and preserve the character of older neighborhoods that contain a mix of single family housing, duplexes, single family structures that have been converted to multi - family housing, and properties that have been developed with multi - family housing. Conversions and redevelopment may occur up to the density allowed in the zone. At a density of 1 unit per 1,800 square feet of lot area, the RNS -20 zoning would theoretically allow up to 30 apartments to be built on this property. However the presence of protected slopes would likely prevent achievement of that density unless the existing structure is removed. A protect slope is located within approximately the northern 30 feet and the easterly 40 feet of the property as shown the Sensitive Areas Development Plan. The slope is a wooded ravine that provides drainage for this and adjacent properties. Although the ravine was platted as an alley in 1910, an alley was never constructed. The eastern portion of the alley was vacated and added to this property. Other than essential utilities no development activity is allowed within a protected slope. A buffer of two feet for each foot of vertical rise of the slope up to a maximum of 50 feet must be provided adjacent to a protected slope. For the slope on this property the width of the required buffer ranges from approximately 25 feet to 50 feet (the required buffer is shown on the SADP). No development activity is allowed within the buffer unless a buffer reduction is approved by the City Council through a Planned Development Overlay (OPD) zone and approval of a SADP. That is what the applicant is seeking. Proposed Zoning: There is currently a parking area containing 12 spaces within the required buffer to the north of the building. The applicant is seeking approval of an OPD zone and accompanying SADP to permit a buffer reduction to allow the reconstruction of those 12 spaces and the addition of 4 more spaces as shown on SADP. The proposed 4 spaces to the east of the building would be accessed by a new driveway entering the property from McLean Street. The new drive and the existing drive will create a one -way loop around the building. The sensitive areas provision of the zoning code allows a buffer reduction if a geologist or professional engineer demonstrates to the satisfaction of the City that the proposed development activity is designed to eliminate hazards and will not undermine the stability of the slope or the buffer area. The applicants engineer has submitted a SADP which proposes to reconstruct the existing parking lot and to add 4 spaces. Concrete curbing and flumes are proposed to direct PCD \Staff Reports\rez12- 00002.doc 3 storm water runoff to the bottom of the slope and thereby preventing further erosion. The attached statement provides more details regarding the proposal. The City Engineer has reviewed the plan and finds that it will control storm water runoff and minimize erosion of the protected slope, however a plan for controlling the velocity of storm water to prevent scouring at the bottom of the ravine should be added to the plan. In addition to the protected slope the property contains a grove of large oak trees. The presence of the oaks further limits the areas on that property where parking spaces could be located if the trees are to be preserved. The applicant proposes to remove an evergreen tree and a hickory tree located adjacent to the east side of the building to provide for the driveway loop and parking spaces. The attached statement from the applicant's engineer indicates that reduction of the slope buffer to allow parking spaces to be reconstructed and additional parking spaces on the east side of the property, will make it possible to preserve the large oaks, as grading and constructed activity will be minimized near the trees on the western portion of the property. Earlier concepts for the reuse or redevelopment of this property would have required the removal of some of the oak trees. Compliance with Comprehensive Plan: The Comprehensive Plan contains policies that encourage the protection of natural features and historic structures. In staff's opinion providing a buffer reduction to allow reconstruction of the parking area and additional spaces will encourage the continued use and long -term preservation of the historic structure at 108 McLean Street, while minimizing damage to the grove of trees and managing storm water runoff that could erode the protected slope. If the buffer reduction is not approved the applicant could propose adding parking outside of the buffer but within the area containing several trees. This would require the removal of more trees and would likely damage the root zone of the oak trees on the periphery of the property. The existing building originally was constructed as a fraternity house with approximately 20 occupants. The proposal to convert the building to 16 one - bedroom apartments would be an appropriate adaptive reuse of the historic structure requiring minimal changes to the exterior. Other recent proposals to convert the building back into a fraternity house or to demolish it and replace it with a new apartment building with up to 24 dwelling units, would likely have a more significant effect on the neighborhood than the current proposal. The conversion of the former Xi Fraternity House at 360 Ridgeland Avenue is a good example of adoptive reuse of a similar building. Neighborhood Open Space: Because this is an OPD rezoning, 5,631 square feet of neighborhood open space or fees in lieu of land are required. Given the steep topography, it is unlikely that the Parks and Recreation Commission will find portions of this property suitable for dedication. Therefor fees equivalent to the value of 5,631 square feet of property will likely be required. Summary: The applicant is requesting a buffer reduction to allow the reconstruction of a parking lot and 4 additional parking spaces within the buffer otherwise required for the protected slope on this property. The property also contains a grove of trees. The sensitive areas provisions of the zoning code allow for the reduction of slope buffer, if a geologist or professional engineer demonstrates to the satisfaction of the City that the proposed development activity is designed to eliminate hazards and will not undermine the stability of the slope or the buffer area. In staffs opinion the SADP submitted by the applicant minimizes the damage to the grove of trees and controls storm water that could potentially erode the protected slope. PCD \Staff ReportsVez12 -00002.doc 4 STAFF RECOMMENDATION: Staff recommends that REZ12 -00002 an application submitted by Parish Apartments, LLC for a rezoning from Neighborhood Stabilization Residential (RNS -20) zone to Planned Development Overlay / Neighborhood Stabilization Residential (OPD /RNS -20) zone for approximately 1.25 - acres of property located at 108 McLean Street be approved. ATTACHMENTS: 1. Location Map 2. Sensitive Areas Development Plan 3. Statement from MMS Consultants regarding buffer reduction 4. Report from Neighborhood Meeting. 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'N 4 W? -11 1 ,p'vhl` 11,11�� M HIM I's MR itq wo 1: IM, Oo Z� :JO Qii L ", All. 'It - PSI R i!! i! i5 I ell X z F- z LLJ 2 CI- 0 -j LLI (n w Z C/) w < LU < W LU:> F- < J z Qy� U) 0 OD - C) z < 0 z w -- -------- -------- L ------------- - - -- --- --- -- ------------- M MMS CONSULTANTS, INC. M IOWA CITY IOWA I CEDAR RAPIDS IOWA OFFICE: 319 - 351 -8282 OFFICE: 319 - 841 -5188 Your Vision + Our Innovation = Inspired Results February 2, 2012 Revised February 10, 2012 Attachment to Application for Planned Development- Rezoning for Parish Apartments, 108 McLean Street MRegarding checklist item # 12, applicant's statement as to why zone change is warranted: The applicant wishes to establish a beneficial reuse of a significant historic building at this location by remodeling the interior to provide 16 one bedroom apartments. The property has two sensitive features as identified by the Iowa City Zoning Ordinance, Section 14 -51, Sensitive Lands and Features. These are a protected slope generally along the north and east property lines and adjacent to an existing PCC parking lot currently serving the building and a grove of trees generally on the western portions of the property. A Planned Development Overlay zone change is warranted to allow continued use of the existing ° parking area at the rear of the building within the buffer for the existing protected slope. A N reduction of the protected slope buffer is requested at the location of the existing parking and on the east side of the building to allow for additional parking spaces and driveway access as a required in the Site Plan regulations. Z All trees in the grove are to be protected and remain. The existing pavement in the parking lot north of the building and the driveway west of the building are to continue to be used in their current condition. This eliminates the need for construction within the grove. The existing drive west of the building is wide enough for one way traffic so the drive and parking on the east side of the building are provided to develop a one way loop traffic pattern around the building r 9 Z Regarding checklist item #7, A description of methods used to comply with applicable standards b of Section 14 -5I: The protected slope feature adjacent to the parking lot will be protected from future erosion primarily by limiting surface runoff across the surface of the slope. This will be accomplished by directing runoff on the impervious parking lot surface using curbs to two locations where flumes are to be constructed to the base of the protected slope. This will cause the runoff from the impervious surface to be focused and conveyed past the sensitive feature. The flumes are to extend partially across the bottom of the ravine to allow the velocity and erosive ness of the < water to be dissipated prior to being discharged to the existing ground. Permanent erosion control matting is to be installed adjacent to the flumes to provide a stable area to control erosion Z K particularly at the bottom of the ravine. aCurrently the protected slope is marginally protected from runoff from the existing parking lot by curbing and flumes. The pavement, curb and flumes are in disrepair which allows some runoff from the existing parking lot to flow across the protected slope. The existing damaged flumes r and curb edge of the parking lot are to be removed and replaced with more durable construction. The failure of the existing pavement has been caused by loss of supporting soil under the pavement resulting from past erosion of the slope. In order to remedy this situation, a foundation 1917 S. GILBERT ST. • IOWA CITY • IOWA 52240 WEBSITE: WWW.MMSCONSULTANI'S.NET EMAIL: MMS @MMSCONSULTANTS.NET wall is proposed at the edge of the pavement where it is adjacent to the protected slope. This foundation is intended to assure the base under the pavement is stable. Only a gutter section along the edge of the pavement adjacent to the protected slope is to be removed and replaced with the foundation wall /curb section. By taking measures to control the runoff from the proposed parking areas and assure the pavement is stable it is reasonable to reduce the buffer where the parking lot is proposed. The function of the buffer is provided by the above described measures. r IFAA FAA b I r� 1 IOWA CITY IOWA OFFICE: 319- 351 -8282 CEDAR RAPIDS IOWA OFFICE: 319 - 841 -5188 Your Vision + Our Innovation = Inspired Results 108 McLean Street Good Neighbor Meeting February 6, 2012 Minutes of meeting John Shaw introduced the developer, contractor and consultants. John described the proposed use and planned remodeling of the building interior. The building exterior is to remain unchanged with the exception of one egress window in each studio apartment in existing window openings, and modification of the steps and elevation of the walk at the main entrant as required to provide wheelchair access. Paul Anderson described the planned parking improvements, the sensitive features (protected slope and grove of trees) on the property, and how the plan balances the parking need and impact to sensitive features. The plan requests removal of 2 trees in the grove and reduction of the slope buffer for the parking spaces. Tom Frantz gave the background of their company and plans for this property. They are experienced in restoring and adapting historic buildings. They intend to own and manage this property over the long term. Their target tenants are young professionals and graduate students. A time for questions and answers was provided. 1. Can you reduce the number of units resulting in Iess parking needed and less impact to the property? No: 16 units is the minimum density needed to make the project work financially. 2. Have you looked into offsite parking? No: A discussion followed regarding where such offsite parking would be available in the neighborhood and how far residents should be expected to walk from parking to the building entry. 3. Have you considered parking in the ravine accessed from N. Riverside with access to the building by the existing stairs? No: There is limited space available at the bottom of the ravine, it is in a slope protection buffer, it is a drainage channel, and the stairs are in poor repair. 4. Is this plan the most disruptive to the site anticipated? This comment followed a statement that the developer and consultants are working with city staff to modify the plan to not damage or remove the 2 trees in the grove. Yes: generally this is the most disruptive plan of development proposed by this developer. A discussion followed regarding many previous proposals by others to re- develop the property. All of those proposals were more disruptive to the site than the current proposal. 5. Questions were asked about proper inspection and abatement of lead paint and asbestos in the building. Tim Hanna described the inspection, documentation, and abatement procedures being followed. The attendees were encouraged to monitor the Iowa City web site to determine when this project would be on Planning and Zoning and City council agendas. The first anticipated public meeting is P & Z on 2/16. The approval process for the requested rezoning was described. The meeting attendance sign in sheets are attached (2 pages) Submitted by Paul Anderson 4911 S. GILBERT ST. �. IOWA CU Y IOWA. 52240 \VEBSITE. WWWMMSCONSULTAN S-Al EMAIL: MMS @MMSCONSULTANTSNET CITY OF IOU CITY qNv Scale: 1" =100' ,7,94 C1 A* ,Q id T i AN ST` Vim) �4 r '1ti C. SITE LOCATION: 108 McLean Street p � r ` r IL qu T e� km a ,.., . «T ;o it F F .L V III& 6 � E T r � q REZ12 -00002 w.a:�:; ��:- I MISSION RON NOTICE • a of application for a REZONING of this propertY FOR DETAILS AND PUBLIC MEETING INFO, 56.5230 or www.j(,gov.org1p1anni0 7z OF IOWA C[Ty pLM•NINO 8 COMMUNITY QEVEI 1Y.1WT 7; 1ITY GC- F41- LiMEll] is i T lb _`.,, - :..,;��< <; • ie'���f • :„RBI; •i � ��� J. d a of �:�� 'I �,_•• � : sec - ..�. _c9 - 12 Prepared by: Eleanor Dilkes, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 8, "POLICE REGULATIONS ", CHAPTER 5, "MISCELLANEOUS OFFENSES ", SECTION 6, "INDECENT EXPOSURE AND CONDUCT" TO CREATE TWO SEPARATE OFFENSES TO BE KNOWN AND CITED AS "INDECENT EXPOSURE" AND "PUBLIC URINATION AND DEFECATION ". WHEREAS, the same section of the City Code prohibits both indecent exposure and public urination, and therefore the same code section is cited whether the offense being charged is indecent exposure or public urination; WHEREAS, this amendment will create a separate code section for each of these offenses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 8, "Police Regulations ", Chapter 5, "Miscellaneous Offenses ", Section 6, "Indecent Exposure and Conduct" is amended by deleting it in its entirety and substituting the following in lieu thereof: 8 -5 -6 INDECENT EXPOSURE AND CONDUCT A. It shall be unlawful for a person to allow or permit the exposure of the genitals, buttock, female breasts or pubes of such person to another not eh person's' spouse or partner or to commit a sex act in the presence or view of another person except a spouse or partner, if: (1978 Code §24- 114; amd. 1994 Code) 1. The person does so to arouse or satisfy the sexual desire of either of them; and 2. The person knows or reasonably should know that the act is offensive to the viewer. B. "Sex act" means any act, actual or simulated, which involves contact with human or animal genitalia or the anus. This would include, but not be limited to, such acts as masturbation or sexual intercourse. 8 -5 -13 PUBLIC URINATION AND DEFECATION A. It shall be unlawful for any person to urinate or defecate in or upon any street, alley, public place or in any place open to public view, provided this subsection shall not apply to restrooms or public facilities designated for such purpose. (1978 Code §24 -114) 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 12012. MAYOR ATTEST: CITY CLERK F - roved by ,, City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 3/6/2012 Vote for passage: AYES: Payne, Throgmorton,,Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published I "" a Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5156 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 7, PUBLIC TRANSPORTATION, TO AMEND FEES WHEREAS, Iowa City Code section 3 -4 -7: Public Transportation: sets the Amount of Fee for various Transit matters; and WHEREAS, effective July 1, 2012 Transit operations will no longer be included in the General Fund budget; and WHEREAS, Transit operations wish to attain a goal of user fees covering 30% - 35% of actual operating costs; and WHEREAS, the last transit fee increase was on July 1, 1996; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 7, PUBLIC TRANSPORTATION: is hereby amended by deleting it in its entirety and replacing it as follows: 3-4 -7: PUBLIC TRANSPORTATION: Description of Fee, Charge, Fine or Penalty Amount of Fee, Charge, Fine or Penalty General fares and rates: 17.00 ._......._......_____.__.___... .................. ... ................... .__ ........... _ ... .... ................... _.._.._.__._._.._.._....._ ... _ .......... _...................._.. .............. _.._ .......... _ ...... ....... _ ............................................. _... ....._.. University of Iowa Semester Pass (Prorated) Standard fare, general public Kirkwood Semester Pass (Prorated) 1.00 24 hour pass �. 100.00^ 2.00 Children (K -12) 0.75 Children under 5 years old Free School Field Trip (per person) � � 0.75 Bus Passes: 31 -Day Pass (Adult, 18 years old and up)� 32.00 31 -Day Pass (Youth, K -12) 27.00 31 -Day Pass (Bulk sales) 28.00 31 -Day Pass (Low Income) 27.00 31 -Day Pass (City Employee) Half Price of 31 -Day Pass (Adult) V. ..... .... __ ...... ......._. 10 -Ride Pass , 8.50 20 -Ride Pass (University of Iowa) ____..___._.._..__.._.__.._.._._._._...____...__ 17.00 ._......._......_____.__.___... .................. ... ................... .__ ........... _ ... .... ................... _.._.._.__._._.._.._....._ ... _ .......... _...................._.. .............. _.._ .......... _ ...... ....... _ ............................................. _... ....._.. University of Iowa Semester Pass (Prorated) 100.00 Kirkwood Semester Pass (Prorated) 100.00 _ -- Youth Semester Pass (K -12, Prorated) �. 100.00^ Special fares: Elderly persons (off peak only, 60+ years) �__._...._ _...._ .............. ............ 0.50 _............. .................................. _ ... ........ _........... ............................... .......__ .........................__..__..._._._........._........_...I--....................._...._._........_......_...............__............_........_..---......_............................_..... ............__._......_......._ Elderly Low Income (off peak only, pass required) Free Person with Disability (off peak only, pass required) _ � Free Saturday Family Fare (Up to 2 adults and 2 children) _ ........... _ ....................................._.._...._........._....... .... _.._....._._.. .............. -... ..... .......... ............ .............. ................. ........... ........... _...................._.......... .................. �� ..................................... ... _ ........................ .._...... 1.00 .................. _..... ................. ................................ ..... __.........._......_.._..... Bicycle Lockers: Annual (Prorated) _ 75.00 Miscellaneous: Use of City Vehicle and Operator [ Fully allocated cost per hour Bus and Shop [ .35 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 on July 1, 2012. Passed and approved this day of MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office 2012. Ordinance No. Page It was moved by and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 3/6/2012 Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published I �- �•�.,.® CITY OF IOWA CITY 13 Ott - - �=`H`gq MEMORANDUM Date: March 1, 2012 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: Transit Fee Amendment for FY2013 Introduction: At the March 6, 2012 City Council meeting, consideration will be given to an ordinance amending transit fares, passes and miscellaneous charges beginning July 1, 2012. History /background: As a part of the FY2013 budget proposal, transit operations will be removed from the general fund, making it an enterprise fund. This results in a loss of $1.1 million in revenues as a result of transit no longer participating in the benefits levy for general fund operations. These revenue losses resulted in a necessity to lower expenses and increase other revenues in order to cover the budget gap created by this change. Discussion of Solution: The Transportation Services Department through the FY2013 budgeting process proposed an increase in transit fares, passes and other miscellaneous charges. These increases will cover a portion of the gap created by transit operations moving from a government activity to a business type activity. Additionally, this fee increase will move transit toward attaining a goal of user fees covering 30% - 35% of actual operating costs. The last transit fee increase was July 1, 1996 and this change, if passed, will take effect on July 1, 2012. Financial Impact: This amendment will result in an estimated increase in user fees of $330,000.00 to transit revenues for FY2013. In addition, as a part of our 28E Agreement for contracted paratransit services with Johnson County SEATS, the single ride fare will increase from $1.50 to $2.00. A copy of the section from the 28E Agreement is included as a part of this memo. This provides the detailed language addressing the fares charged by Johnson County SEATS. Recommendation: The Transportation Services Department recommends approval of this fee amendment. Amended 28E Agreement for Paratransit Service between the City of Iowa City and Johnson County for the period of July 1, 2008 through June 30, 2013 This Agreement is made and entered into by and between the City of Iowa City, Iowa, hereinafter referred to as "Iowa City ", and Johnson County, Iowa, hereinafter referred to as "County". Scope of Services The County shall provide to Iowa City through Johnson County SEATS paratransit service consistent with the Americans with Disabilities Act and the policies of the Iowa City City Council and the Johnson County Council of Governments Paratransit Plan. General Terms 1. Paratransit service area for Iowa City shall be the corporate limits of the City of Iowa City. 2. Paratransit service shall be operated within the corporate limits of Iowa City from 6:00 a.m. until 11:59 p.m., Monday through Friday; 6:00 a.m. until 7:30 p.m. on Saturday; and 8:00 a.m. until 2:00 p.m. on Sunday. The paratransit service shall operate a holiday schedule consistent with Iowa City Transit. 3. Paratransit service shall be operated as a door -to -door service. Service will be in compliance with the "SEATS Riders Guide" as amended. Johnson County SEATS operators shall be sensitive to the needs of passengers with disabilities. 4. The paratransit service shall be operated with a fare which shall be twice the fixed route fare. Paratransit fares collected shall be retained by the County. The only exceptions to the fare of twice the fixed route fare shall be Iowa City residents designated by Iowa City who qualify as being entitled to a discount; such individuals shall be entitled to a paratransit fare equal to the fixed route fare. Reductions in the fare schedule will be done in consultation with the County to determine the commensurate reduction in revenue to the County. Any other fare collected on behalf of any contracting agency and administered by the paratransit provider will not affect the agreement with Iowa City. 5. Iowa City shall pay the cost of vehicle maintenance for any miles the paratransit vehicles are used in fixed route service. Iowa City will continue to have the option to use the vehicles from the Iowa City paratransit fleet when not assigned to Johnson County SEATS paratransit service. 6. Vehicles owned by Iowa City and operated by Johnson County SEATS shall be clearly marked as City of Iowa City and Johnson County (including City of Coralville) paratransit vehicles. Iowa City shall provide signage for the purpose of identifying vehicles that are in use as Iowa City - Johnson County (including City of Coralville) paratransit vehicles. Vehicles and personnel used to provide Iowa City- Johnson County paratransit service shall be neat and clean in appearance. 7. The County shall be familiar with the Johnson County Council of Governments (hereinafter "JCCOG ") complementary paratransit plan for the Iowa City urbanized area and will conduct paratransit service consistent with said document. This will include Iowa City's determination of rider eligibility based upon a certification process. Johnson County SEATS shall notify Iowa City of request for ADA certification on a weekly basis at which time the applicant shat! be entitled to continue to use SEATS for a 21 -day grace period. It shall be Iowa City's responsibility to notify Johnson County SEATS as to whether the applicant is ADA eligible. Otherwise the applicant shall remain eligible for paratransit service. Priority for paratransit service will be given to persons certified under the ADA. 8. Johnson County SEATS shall maintain reporting statistics required by the Federal Transit Administration National Transit Database (formerly Federal Section 15 system). In addition Johnson County SEATS shall provide a management information system consisting of /Lj Prepared by: Ed Moreno, Superintendent, Water Division, 410 E. Washington, Iowa City, Iowa 52240, 319- 356 -5162 ORDINANCE NO'. ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE. WHEREAS, the Water Division recommends amending the City Ordinance Code Section 3 -4 -3 to correct the `water service charged for the first 100 cubic feet or less of water used, based on meter size', which was inadvertently changed in Ordinance # 10- 4399; and WHEREAS, the Water Division also recommends amending the City Ordinance Code Section 3 -4 -3 to clarify the water main extension fee; and WHEREAS, it is in the best interest of the public to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION LAMENDMENTS: TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALITIES, SECTION 3, POTABLE WATER USE AND SERVICE is hereby amended by: A. Deleting the chart for `Water service charges ... for first 100 cubic feet or less of water used, based on Meter size' it in its entirety and replacing it as follows: 3 -4 -3: POTABLE WATER USE AND SERVICE: Water Service Charge (16 -3A-4) for first 100 cubic feet or less of water used, based on meter size. Meter Size (Inches) Charge E! 5/8" x 3/4 " $6.41 3/4 — � - - -� — $7.00 —� �� $8.26 1 1/2 $16.47 2„ � $22.14 _ . - __.... ..... .. 6" I _ _..._ . _.._ - ._..._..__.................. ......_...__..._._._.._.._. $143.61 -' _ There will be no minimum monthly charge for a single purpose water meter for the months of j November to March if no water is used. I B. Deleting the charts for `Extension of major feeder lines (oversizing)' and `Water Main Installation And Connection Fees' in their entirety and replacing them with the following: Extension of water mains $395.00 per acre SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of the 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 after its final passage, approval and publication, as provided by law. Passed and approved this Mayor ATTEST: CITY CLERK day of , 2012. City Attorney's Office t t Z Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration Vote for passage: Mims. NAYS: None. Champion Dickens Dobyns Hayek Mims Payne Throgmorton 2/21/2012 that the AYES: Payne, -Ehrogmorton, Champion,Dickens, Dobyns, Hayek, ABSENT: None. Second Consideration 3/6/2012 Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Date published Z5 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO ALLOW PLANTERS IN LIEU OF FENCING. WHEREAS, sidewalk cafes are a use of public sidewalks in the C132, C65, and C610 zones that require a temporary easement; and WHEREAS, after the first year during which temporary fencing is allowed, anchored fencing is required to delineate the cafe; WHEREAS, planters with flowers and /or other vegetation should be allowed as an alternative to fencing; and WHEREAS, it is in the City's interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Subsection B, entitled "Usable Sidewalk Cafe Area," is hereby amended adding the following new Paragraph 3c: c. Planters with flowers and /or other vegetation are allowed as an alternative to temporary and anchored fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject to the following limitations: (1) The planters shall, at the cafe owner's option, be either fastened to each other or removed from the sidewalk or City Plaza at the end of the day's operation along with the tables, chairs, and other items. (2) The planters shall not be less than twenty -seven inches (27 ") or more than thirty -six inches (36 ") in height excluding plantings. (3) The planters shall be either metal or have a metal frame. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. 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 12012. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 2/21/2012 Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 3/6/2012 AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. /i 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 RIVERFRONT CROSSINGS 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 RIVERFRONT CROSSINGS 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. 11 -335 passed and approved on the 18t" day of October, 2011, adopted an Urban Renewal Plan (the "Urban Renewal Plan ") for an urban renewal area known as the Riverfront Crossings Urban Renewal Area, (the "Urban Renewal Area "), which Urban Renewal Area includes the lots and parcels located within the area legally described as follows: Beginning at a point on the southeast corner of Sturgis Corner Addition Part II; Thence southerly to the centerline of U.S. Highway 6; Thence westerly along said centerline to its intersection with S. Riverside Drive; Thence continuing westerly along the centerline of State Highway 1 to a point where it intersects with the centerline of Orchard Street extended; Thence northerly along the centerline of Orchard Street to the centerline of the Iowa Interstate Railroad; Thence easterly along said railroad centerline to a point that is 190', more or less., west of the point of intersection of the railroad and the centerline of State Highway1 /Riverside Drive; Thence northerly to the north right -of -way line of said railroad; Thence north 118' to the south right -of -way line of S. Riverside Court; Thence north 12.5' to the centerline of S. Riverside Court; Thence west along said centerline to where it intersects with the extension of the west boundary of property described as follows: Commencing 459.5' east of the SW corner of Lot 1; N100% E60% S100% W60% Ryerson's and Sharp's Subdivision. Thence northerly along said west property line extended to the centerline of Myrtle Ave; Thence east along said centerline, continuing east to the west bank of the Iowa River; Thence southerly along the west bank of the Iowa River to the point of beginning; And the right of way of all adjacent roads. 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 120 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office jOhZ Riverfront Crossing Urban Renewal Area � I r PRENTISS ST i yl cyWA Y s - u " � a V(� 1101 O l� Riverfrant Crossing rban Renewal Area p� Approximately 44 Acres alb Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 2/21/2012 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. AYES: None. ABSENT: None. Second Consideration 3/6/2012 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Champion, Dickens. NAYS: Throgmorton. ABSENT: None. Date published