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HomeMy WebLinkAbout2012-03-20 Ordinance1 5b Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ11- 0017) ORDINANCE NO. ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY PLAN, THE PENINSULA NEIGHBORHOOD CODE, AND SENSITIVE AREAS DEVELOPMENT PLAN FOR THE PENINSULA NEIGHBORHOOD PHASES 3,4 AND 5 LOCATED ON FOSTER ROAD. (REZ11- 00017) WHEREAS, the applicant, The Peninsula Development Company, has requested amendments to the Planned Development Overlay (OPD) Plan and Sensitive Areas Development Plan for the Peninsula Neighborhood to reconfigure lot lines, street design and mix of single - family, row house and multi - family buildings and amendments to the Peninsula Code to clarify how setbacks for garages are measured, allow for porches that are half width of a house rather than full width, and allow the eating and drinking establishments with Live/Work units on Lot 117; and WHEREAS, the Peninsula Neighborhood OPD Plan allows for the construction of up to 410 dwelling units as established in the Peninsula Neighborhood Development Agreement; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed amendments to the Peninsula OPD Plan Sensitive Areas Development Plan and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The amended Peninsula Neighborhood OPD Plan and Sensitive Areas Development Plan attached hereto and incorporated herein by this reference, and the Peninsula Neighborhood Code on file in the City Clerk's Office, for the property described below are hereby approved: Phase 3 and 4: Beginning at the Southwest Corner of Outlot "C" of a Replat of Peninsula Neighborhood First Addition in accordance with the Plat thereof Recorded in Plat Book 45, at Page 207 of the Records of the Johnson County Recorder's Office and a Point on the Southeasterly Line of Auditor's Parcel 2001020 in accordance with the Plat thereof Recorded in Plat Book 43 at Page 43 of the Records of the Johnson County Recorder's Office; Thence N89 °59'01 "W along said Southeasterly Line, 90.40 feet; Thence S60 °46'28 "W, along said Southeasterly Line, 1301.43 feet; Thence N40 °42'52 "W, 477.83 feet; Thence N25'1 3'54"W, 519.90 feet; Thence N64 °46'06 "E, 157.06 feet; Thence NO3 °34'52 "W, 95.35 feet, to the Western most corner of Lot 102 of The Peninsula Neighborhood Phase 2A, in accordance with the Plat thereof Recorded in Plat Book 53, at Page. 136 of the Records of the Johnson County Recorder's Office; Thence S53 °30'11 "E, along the Southerly Line of said The Peninsula Neighborhood Phase 2A, a distance of 188.30 feet; Thence S70 045'54 "E, along said Southerly Line, 56.87 feet; Thence S59 °28'31 "E, along said Southerly Line, 47.52 feet; Thence S89 019'43 "E, along said Southerly Line, 59.10 feet; Thence N73 °05'03 "E, along said Southerly Line 101.10 feet; Thence N64 °46'06 "E, 119.17 feet, to the Southeast Corner of Lot 100 of said The Peninsula Neighborhood Phase 2A, and the Southernmost corner of Lot 54 of The Peninsula Neighborhood Second Addition, in accordance with the Plat thereof Recorded in Plat Book 46, at Page 186 of the Records of the Johnson County Recorder's Office; Thence N84 °30'41 "E, along the Southerly Line of said The Peninsula Neighborhood Second Addition, a distance of 106.48 feet; Thence S62 °13'54 "E, along said Southerly Line, 90.96 feet; Thence S64 °46'22 "W, along said Southerly Line, 433.45 feet; Thence S25 °13'38 "E, along said Southerly Line, 53.00 feet; Thence S25 011'37 "E, along said Southerly Line, 102.73 feet; Thence S27 °04'01 "E, along said Southerly Line, 25.01 feet; Thence S29 013'54 "E, along said Southerly Line, 8.94 feet; Thence N60 046'06 "E, along said Southerly Line, 53.00 feet; Thence N29 013'54 "W, along said Southerly Line, 5.23 feet; Thence N64 046'06 "E, along said Southerly Line, 92.24 feet; Thence S72 °13'54 "E, along said Southerly Line, 11.70 feet; Thence S29 013'54 "E, along said Southerly Line, 16.27 feet; Thence N60 °46'06 "E, along said Southerly Line, 25.00 feet; Thence N29 °13'54 "W, along said Southerly Line, 14.52 feet; Thence N17 °46'06 "E, along said Southerly Line, 10.91 feet; Thence N64 046'06 "E, along said Southerly Line, 92.26 feet; Thence S29 014'40 "E, along said Southerly Line, 8.95 feet; Thence N60 045'20 "E, along said Southerly Line, 53.00 feet; Thence N29 014'40 "W, along said Southerly Line, 5.23 feet; Thence N64 046'06 "E, along said Southerly Line, 46.35 feet; Thence S62 °13'54 "E, along said Southerly Line, Ordinance No. Page 2 98.68 feet; Thence S29 013'54 "E, along said Southerly Line, 21.48 feet; Thence N60 °46'06 "E, along said Southerly Line, 25.00 feet; Thence N60 °45'42 "E, along said Southerly Line, 151.52 feet; Thence N29 014'18 "W, along said Southerly Line, 71.51 feet; Thence N27 °46'06 "E, along said Southerly Line, 61.46 feet; Thence S62 °13'54 "E, along said Southerly Line, 250.95 feet; Thence Northeasterly, 83.24 feet, along said Southerly Line on a 54.25 foot radius curve, concave Northwesterly, whose 75.31 foot chord bears N73 048'58 "E; Thence N29 °43'06 "E, along said Southerly Line, 98.82 feet; Thence N29 051'49 "E, along said Southerly Line, 52.16 feet; Thence S60 °08'11 "E, along said Southerly Line, 120.00 feet; Thence S59 °58'21 "E, along said Southerly Line, 27.11 feet, to the Southeast Corner of Lot 35 of said The Peninsula Neighborhood Second Addition, and a Point on the Southerly Line of said Replat of Peninsula Neighborhood First Addition; Thence S30 °01'39 "W, along said Southerly Line, 17.53 feet; Thence S60 008'11 "E, along said Southerly Line, 191.33 feet; Thence S00 °01'28 "W, along said Southerly Line, 54.60 feet, to the Point of Beginning. Said Tract of Land contains 17.37 Acres, and is subject to easements and restrictions of record. Phase 5: Lots 1, 2, 3, 4, 5, 6, 7 and 7A of Replat of Peninsula Neighborhood First Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 45, at Page 207, in the records of the Johnson County Recorder's Office: and also: Lots 52 and 53 of The Peninsula Neighborhood Second Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 46, at Page 186, in the records of the Johnson County Recorder's Office, containing 2.00 acres and is 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 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 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 //3 //Z sm tp ZEN 2 Lu 0 0 0 aw.n U) z 0 - <. W= . S21 9z 1: w a °�,. .y v , °2�' .,r , c y r iG o o i- z (I NO bo HIM wl gli -0 Z —0 Eg 2a ZEN 2 Lu 0 0 0 aw.n U) z 0 - <. W= . S21 9z 1: w a °�,. .y v , °2�' .,r , c y r iG o o i- z (I NO jI It bo wl -0 Hill W.0 C: = C Co CL U) g g jog HE Cl/ , ", I -,.. ' '-, - 14 @ Jill V ------------------------------- ---------------- „j @ ad e i O ------------------------------------------- xy ------------- z C) 0 0 0 -Eo 0. 0-0 -.0. do� 0 0 oZ, . . . . . . . C) 0 o co Z o' 7.5 w Ap” Z a) 0 -------- --- -- - ------- LLI U) LL C 0 C14 jI It 181 CO M wl -0 W.0 C: = C Co CL U) g g jog HE Cl/ , ", I -,.. ' '-, - 14 @ Jill V JIM 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 3/20/2012 Voteforpassage: AYES: Dickens, Dobyns, Mims, Payne, Throgmor ton, Champion. NAYS: None. ABSENT: Hayek. Second Consideration _ Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: REZ11- 00020, SUB11 -00017 & SUB12 -00001 Date: February 16, 2012 Peninsula Neighborhood GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: Peninsula Development Company 1088 Foster Road Iowa City, IA 52245 Patrick Stewart 319 887 1000 Amended OPD Plan and Preliminary Plat Phases 3, 4 and 5 (Phase 5 includes lots 1 -7 and 52 & 53 of Phase 1). Allow reconfiguration of streets, lots and additional townhouse & multi- family dwellings and amendments to the Peninsula Code and Covenants that regulate the design and site planning for individual buildings. Foster Road Phase 3 & 4 - 17.3.7 acres Phase 5 acres -2 acres Undeveloped and residential North: Residential & Iowa River, OPD -5 South: Park & golf course, P -1 East: Golf course, ID -RS West: Park & Iowa River, P -1 Residential 2 -5 dwelling units per acre February 1, 2012 45 -Day Limitation Period: March 16, 2012 BACKGROUND INFORMATION: The Planned Development Overlay (OPD) rezoning and the original preliminary plat for the Peninsula Neighborhood were approved in 2001. The City entered into an agreement to sell 82 acres of property to the Peninsula Development Company, which agreed to develop the property in accordance with the Peninsula Plan — a new compact neighborhood with a mix of single - family houses, townhouses and apartment buildings. The OPD zoning also allows for the possibility of mixed use buildings, referred to as "Live Work ", which allow either residential or light commercial uses on the ground floor. The neighborhood is modeled after traditional Iowa City neighborhoods with residential buildings featuring prominent front porches, shallow front yards and alleys to provide access to garages and rear yard parking spaces. The 82 acres included within the plan was originally purchased by the City as part of the Meardon property, a larger property needed for development of wellheads for the municipal water treatment plant, and to remove land that is in the floodplain from potential development. The agreement with the development company allowed the 82 acres to be developed with up to 5 dwelling units per acre or a maximum of 410 dwelling units. The City has had a policy of limiting the density of development west of Dubuque Street within the larger area known as the peninsula to no more than 5 units per acre due to there being only means of access via Foster Road. Although the development agreement allows up to 410 units, the approved OPD plan prepared by the Peninsula Development Company showed 390 units. Because of a series of amendments since 2001 the actual total number of units has been reduced to 362. For example in 2003 the Peninsula Development Company requested that the property located on the east side of Swisher Street be changed from a 36 -unit apartment building to 4 to 5 single - family lots. There were other amendments that added or subtracted units. The applicant is now requesting amendments to increase the number of units to closer to the 410 originally contemplated. The applicant is also proposing amendments to the Peninsula Code and Covenants that regulate site and building designs for individual properties. The proposed amendments would clarify how setbacks for garages are measured, allow for porches that are half width of the house rather than full width, update code citations to refer to the current zoning code rather that the code that was in place in 2001, and allow the eating and drinking establishments with Live/Work units according the provisions in of the Neighborhood Commercial (CN -1) zone. The applicant has indicated that they have had a neighborhood meeting to discuss the proposed amendments. ANALYSIS: Comprehensive Plan: As noted the City has restricted development of the larger Peninsula area to no more than 5 dwelling units per acre due to the single street access. This policy was also applied to Mackinaw Village and is expected to apply to future developments within the area unless a second street access is developed to serve the Peninsula. The closure of Foster Road and evacuation of Peninsula area residents during the 2008 flood due to lack of street access for emergency vehicles, emphasized the need to adhere to this policy. The proposed amendments will not allow the development to exceed the originally contemplated density of 5 units per acres. Subdivision Design: The currently approved plan for Phase 3 shows Willenbrock Circle as a single loaded street (lots only on one side) located adjacent to the Elks Golf Course on the south and the bluff that overlooks the Thornberry Dog Park and Peninsula Park on the west (Exhibit A attached). (It should be noted that the Elks Golf Course is on land owned by the City that is leased to the Elks Club. If the golf course ever ceases operation, the rights to the property revert to the City for use as development property or open space.) The approved plan shows single - family lots lining Willenbrock. The proposed redesign eliminates the portion of Willenbrock adjacent to the golf course and proposes a new interior street McCleary Lane, which would provide access to seven 12 or 18 -unit apartment buildings replacing 14 single family lots and one 36 -unit building. Willenbrock would extend to the south to provide access to the property that is leased by the Elks Club. This will allow the property to be accessed for future residential development or public open space in the event that the golf course closes. The remainder of Phase 3 would be similar to the existing approved plan with a mix of single - family and row house lots. The proposed apartment buildings are designed around a landscaped courtyard on one side with a driveway and parking lot on the other. Additional parking is proposed in the lower level of each building. Two parking spaces are provided for each dwelling unit. The courtyard preserves views from Ball and Canton Streets to the golf course and open space beyond. The application includes concept elevations showing the exterior design of the proposed apartment buildings (Exhibit B. 1 & 2 attached). The plan indicates that these building would contain 12 to 18 dwelling units. It should be noted that it will not be possible to achieve 18 units in each building because of the maximum of 410 units allowed in the development. The plan as drafted provides the developer with some flexibility to distribute the allowed number of units among the proposed buildings. In staff's opinion the design presents an attractive fagade, however to help assure that identical apartment buildings do not result in the appearance of an apartment complex rather than a neighborhood with a mix of housing types envisioned in the original Peninsula Plan, staff recommends that complementary but differing facade designs. This can be achieved with variations in building materials, color and architectural details. Another change in the design is the location of Foster Road on the west side of the subdivision primarily in Phase 4. The proposed plan shows the street pulled back from the edge of the bluff to help minimize the amount of grading into the steep slope. This change results in a better grading plan, however the depth of the lots on the block east of Foster Road (lots 142 to 157) is only 87 to 88 feet. To recognize compactness of these lots, the plan limits the interior lots within this block to townhouses and bungalows. Larger are proposed as an option on the corner lots. In the northern part of the subdivision lots 1 to 7 of Phase 1 are currently designated for single - family lots. The Peninsula Development Company is proposing that these lots be re platted as Phase 5 and designated for townhouse (or row house lots). This would result in an increase of 7 dwelling units. The applicant indicates that the topography of these lots present a challenge for designing single family homes. The grade is such that garages will be below the grade of the first floor. According to the applicant, basement level garages have been a marketing challenge for single family homes, but have been more accepted for town house units. Illustrations of the proposed dwelling designs are attached (Exhibit C.). Peninsula Code: In addition to the plat and site plan the Peninsula OPD plan includes a code book that regulates building placement and uses. The applicant and staff are proposing amendments to clarify portions of the code that have been problematic. Significant revisions include clarifying how setbacks for garages are measured, allowing for porches that are half width of the house rather than full width, updated code citations to refer to the current zoning code rather that the code that was in place in 2001, and allowing the eating and drinking establishments within the Live/Work units on lot 117 according the provisions in of the Neighborhood Commercial (CN -1) zone. Summary: The applicant has proposed revisions to the Peninsula Neighborhood OPD Plan that would result in a reconfiguration of lot lines, street design and mix of single - family, row house and multi - family buildings. The proposed revisions are intended to address grading concerns on the western portion of Foster Road, allow for achievement of the density contemplated in the original development agreement and clarify provisions of the Peninsula Code and Covenants. We received a revised plan on February 10. We hope to have completed our review prior to the February 16th Planning and Zoning meeting. STAFF RECOMMENDATION: Staff recommends approval of REZ11- 00020/SUB11- 00017/SUB12 -00001 an application submitted by Peninsula Development Corp. for a rezoning to amend the Planned Development Overlay Plan and a preliminary plat of The Peninsula Neighborhood Phase 3 and 4, a 44 -lot, 17.37 -acre residential subdivision located at Foster Road and Willenbrock Circle and a preliminary plat of The Peninsula Neighborhood Phase 5, an 8 -lot, 2.0 -acre residential subdivision located on Foster Road and Walker Circle. ATTACHMENTS: 1. Location Map 2. Preliminary Plat and OPD plan 3. Exhibits A -C Approved by: Jeff Davidson, Director, Department of Planning and Community Development � J 3£ of N Z0 Z6 m V110 , 0 M w CO Q O aoa y w =o. 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H Stpr�Sb�- V" &M«mj Stw,n! c� Exhibit CA .F�� M Toil ` , •,��� _ " 4 not �!r > r =C-1 -, 24 o. H Stpr�Sb�- V" &M«mj Stw,n! c� Exhibit CA 4-4 ?-LA eta t o Exhibit C.2 ...._.� . �� �.r.. F. 6) t2LA- aTOo�� Exhibit C.3 r " Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA piBl -15F-5 40 (REZ11- 0017) T, ! s� ORDINANCE NO. ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY PLAN AND SENSITIVE AREAS DE LOPMENT PLAN FOR THE PENINSULA NEIGHBORHOOD PHASE 3,4 AND 5 LOCATED ON FOSTERPtOAD. (REZ11- 00017) WHEREAS; a applicant, The Peninsula Development Company, h requested amendments to the Planned Develop ent Overlay (OPD) Plan and Sensitive Areas Dev lopment Plan for the Peninsula Neighborhood to r onfigure lot lines, street design /hanid ix of sing) family, row house and multi - family buildings and amend ents to the Peninsula Code to ow setb ks for garages are measured, allow for porches that are If width of a house rather ll width and allow the eating and drinking establishments with Live ork units on Lot 117; and WHEREAS, the Peni ula Neighborhood OPD Pws f r the construction of up to 410 dwelling units as established in the P insula Neighborhood Deent greement; and WHEREAS, the Planning nd Zoning Commissioh reviewed the proposed amendments to the Peninsula OPD Pla n Sensitive eas Development Plas recommended approval. NOW, THEREFORE, BE IT ORD INED BY THE CITY CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Th amended Peninsighborhood OPD Plan and Sensitive Areas Development Plan attached hereto nd incorporated by this reference, for the property described below are hereby approved: Phase 3 and 4: Beginning at the Southw st Corner of Outlot "C" of a Replat of Peninsula Neighborhood First Addition in accordance ith the Plat thereof Recorded in Plat Book 45, at Page 207 of the Records of the Johnson County ecorder's Office and a Point on the Southeasterly Line of Auditor's Parcel 2001020 in accordance th the Plat thereof Recorded in Plat Book 43 at Page 43 of the Records of the Johnson County Rec r is Office; Thence N89 059'01 "W along said Southeasterly Line, 90.40 feet; Thence S60 046'2 W, long said Southeasterly Line, 1301.43 feet; Thence N40 042'52 "W, 477.83 feet; Thence 25 °13' 4 "W, 519.90 feet; Thence N64 046'06 "E, 157.06 feet; Thence NO3 034'52 "W, 95.35 fee , to the stern most corner of Lot 102 of The Peninsula Neighborhood Phase 2A, in acco ance with the Plat thereof Recorded in Plat Book 53, at Page 136 of the Records of the Johnson ounty Recorder Office; Thence S53 °30'11 "E, along the Southerly Line of said The Peninsula N "ghborhood Phase 2 , a distance of 188.30 feet; Thence S70 °45'54 "E, along said Southerly Line, .87 feet; Thence S59 8'31 "E, along said Southerly Line, 47.52 feet; Thence S89 019'43 "E, along said Southerly Line, 9.10 feet; Thence N73 °05'03 "E, along said Southerly Line 101.10 feet; Thence N64 °46'06 "E, 119. 7 feet, to the Southeast Corner of Lot 100 of said The Peninsula Neighborhood Phase 2A, and th Southern most corner of Lot 54 of The Peninsula Neighborhood Second Addition, in accordance ith the Plat thereof Recorded in Plat Book 46, at Page 186 of the Records of the Johnson County Red rder's Office; Thence N84 °30'41 "E, along the Southerly Line of said The Peninsula Neighborhood Se and Addition, a distance of 106.48 feet; Thence S62 °13'54 "E, along said Southerly Line, 90.96 f t; Thence S64 046'22 "W, along said Southerly Line, 433.45 feet; Thence S25 013'38 "E, along sai Southerly Line, 53.00 feet; Thence S25'1 1'37"E, along said Southerly Line, 102.73 feet; Thence S2 004'01 "E, along said Southerly Line, 25.01 feet; Thence S29 °13'54 "E, along said Southerly Line, 8.9 feet; Thence N60 °46'06 "E, along said Southerly Line, 53.00 feet; Thence N29 °13'54 "W, along said outherly Line, 5.23 feet; Thence N64 °46'06 "E, along said Southerly Line, 92.24 feet; Thence S72 °1 '54 "E, along said Southerly Line, 11.70 feet; Thence S29 °13'54 "E, along said Southerly Line, 16.27 feet; Thence N60 046'06 "E, along said Southerly Line, 25.00 feet; Thence N29 013'54 "W, along said Southerly Line, 14.52 feet; Thence N17 °46'06 "E, along said Southerly Line, 10.91 feet; Thence N64 °46'06 "E, along said Southerly Line, 92.26 feet; Thence S29 014'40 "E, along said Southerly Line, 8.95 feet; Thence N60 045'20 "E, along said. Southerly Line, 53.00 feet; Thence N29 014'40 "W, along said Southerly Line, 5.23 feet; Thence N64 °46'06 "E, along said Southerly Line, 46.35 feet; Thence S62 013'54 "E, along said Southerly Line, t , Ordinance No. Page 2 98.68 feet; Thence S29 °13'54 "E, along said Southerly Line, 21.48 feet; Thence N60 °46'06 "E, along said Southerly Line, 25.00 feet; Thence N60 °45'42 "E, along said Southerly Line, 151.52 feet; Thence N29 °14'18 "W, along said Southerly Line, 71.51 feet; Thence N27 °46'06 "E, along said Southerly Line, 61.46 feet; Thence S62 °13'54 "E, along said Southerly Line, 250.95 feet-, Thence Northeasterly, 83.24 feet, along said, Southerly Line on a 54.25 foot radius curve, concave Northwesterly, whose 75.31 foot chord bears N7 °48'58 "E; Thence N29 °43'06 "E, along said Southerly C e, 98.82 feet; Thence N29 °51'49 "E, alon said Southerly Line, 52.16 feet; Thence S60 °08'11 "E, long said Southerly Line, 120.00 feet; Thence \.559'58'21"E, along said Southerly Line, 27.11 feet, o the Southeast Corner of Lot 35 of said The Peninsula Neighborhood Second Addition, and a P int on the Southerly Line of said Replat of Peninsula Neighborhood First Addition; Thence S30° 1'39 "W, along said Southerly Line, 17.53 feet; Thence �60 °08'11 "E, along said Southerly Line, 19 .33 feet; Thence S00 °01'28 "W, along said Southerly Line, 5,4.60 feet, to the Point of Beginning. S id Tract of Land contains 17.37 Acres, and is subject to easements and restrictions of record. Phase 5: Lots 1, 2, 3, 4, 5, 6, 7 a d 7A of Replat of Peninsul eighborhood First Addition, Iowa City, Iowa, in accordance with the Platt reof recorded in Plat B ok 45, at Page 207, in the records of the Johnson County Recorder's Officer d also: Lots 52 and 3 of The Peninsula Neighborhood Second Addition, Iowa City, Iowa, in accordan V,ector reof recorded in Plat Book 46, at Page 186, in the records of the Johnson Counice, containing 2.00 acres and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Builhereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND R OR1 ING. pon passage and approval of the Ordinance, the City Clerk is hereby authorized and directe o certify a cop of this ordinance and to record the same, at the office of the County Recorder of Johnson ounty, Iowa, at th owner's expense, all as provided by law. SECTION IV. REPEAL/not ances and parts of o inances in conflict with the provisions of this Ordinance are hereby repea SECTION V. SEVERA section, provision or pa f the Ordinance shall be adjudged to be invalid or unconstitutional, sion shall not affect the val ity of the Ordinance as a whole or any section, provision or part theged invalid or unconstitution SECTION VI. EFFECTI his Ordinance shall be in effec fter its final passage, approval and publication, as provided b aw. MAYOR ATTEST: Tom, CITY CLERK Ap roved by 1 H City Attorney's Office 3/1 ry V..r,.r3 fY M0 ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVER Y PLAN AND - SENSITIVE AREAS DEVELOPMENT PLAN FOR THE PENINSULA NEIGHBOR OOD PHASES 3, 4 AND 5 LOCATED ON FOSTE ROAD. (REZ11 -00017) WHEREAS, the app nt, The Peninsula Development Compan , has requested amendments to the Planned Development O day (OPD) Plan and Sensitive Areas evelopment Plan for the Peninsula Neighborhood to reconfig a lot lines, street design and mix of s' gle- family, row house and multi - family buildings and amendments t the Peninsula Code to clarify how tbacks for garages are measured, allow for porches that are half wi of a house rather than full dth, and allow the eating and drinking establishments with Live/Work u its on Lot 117; and WHEREAS, the Peninsula N ' ghborhood OPD Plan allo s for the construction of up to 410 dwelling units as established in the Peninsul Neighborhood Develop nt Agreement; and WHEREAS, the Planning and Z ing Commission has he reviewed the proposed amendments to the Peninsula OPD Plan Sensitive Areas D velopment Plan a has recommended approval. NOW, THEREFORE, BE IT ORDAINED Y THE CITY C UNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The amen ed Per ns a Neighborhood OPD Plan and Sensitive Areas Development Plan attached hereto and inc rporate herein by this reference, for the property described below are hereby approved: Phase 3 and 4: Beginning at the Sout .nest Corner of Outlot "C" of a Replat of Peninsula Neighborhood First Addition in accordanc wi the Plat thereof Recorded in Plat Book 45, at Page 207 of the Records of the Johnson Coun Reco er's Office and a Point on the Southeasterly Line of Auditor's Parcel 2001020 in accordanc with the t thereof Recorded in Plat Book 43 at Page 43 of the Records of the Johnson County R order's Offic ; Thence N89 059'01 "W along said Southeasterly Line, 90.40 feet; Thence S60 °46' "W, along sa Southeasterly Line, 1301.43 feet; Thence N40 042'52 "W, 477.83 feet; Thenc N25 °13'54 "W, 51 90 feet; Thence N64 046'06 "E, 157.06 feet; Thence NO3 034'52 "W, 95.35 fe , to the Western m st corner of Lot 102 of The Peninsula Neighborhood Phase 2A, in acco dance with the Plat there f Recorded in Plat Book 53, at Page 136 of the Records of the Johnson ounty Recorder's Office; ence S53 030'11 "E, along the Southerly Line of said The Peninsula Nei hborhood Phase 2A, a distan of 188.30 feet; Thence S70 °45'54 "E, along said Southerly Line, 5 .87 feet; Thence S59 °28'31 "E, a ng said Southerly Line, 47.52 feet; Thence S89 019'43 "E, alon said Southerly Line, 59.10 feet; Thence N73 °05'03 "E, along said Southerly Line 101.10 feet; hence N64 °46'06 "E, 119.17 feet, to t Southeast Corner of Lot 100 of said The Peninsula Neig orhood Phase 2A, and the Southern ost corner of Lot 54 of The Peninsula Neighborhood econd Addition, in accordance with the Plat hereof Recorded in Plat Book 46, at Page 186 of the cords of the Johnson County Recorder's Office, Thence N84 030'41 "E, along the Southerly Line of id The Peninsula Neighborhood Second Addition, a distance of 106.48 feet; Thence S62 013'54" along said Southerly Line, 90.96 feet; Thence 64 046'22 "W, along said Southerly Line, Al .45 feet; Thence S25 013'38 "E, along said Southerly L e, 53.00 feet; Thence S25 011'37 "E, alo g said Southerly Line, 102.73 feet; Thence S27 °04'01 "E, alo said Southerly Line, 25.01 feet; Thence S29 °13'54 "E, along said Southerly Line, 8.94 feet; Thence N60 046'06 "E, along said Southerly Line, 53.00 feet; Thence N29 013'54 "W, along said Southerly Line, .23 feet; Thence N64 046'06 "E, along said Southerly Line, 92.24 feet; Thence S72 013'54 "E, along said Southerly Line, 11.70 feet; Thence S29 013'54 "E, along said Southerly Line, 16.27 feet; Thence N60 °46'06 "E, along said Southerly Line, 25.00 feet; Thence N29 013'54 "W, along said Southerly Line, 14.52 feet; Thence N17 046'06 "E, along said Southerly Line, 10.91 feet; Thence N64 046'06 "E, along said Southerly Line, 92.26 feet; Thence S29 °14'40 "E, along said Southerly Line, 8.95 feet; Thence N60 045'20 "E, along said Southerly Line, 53.00 feet; Thence N29 014'40 "W, along said Southerly Line, 5.23 feet; Thence N64 °46'06 "E, along said Southerly Line, 46.35 feet; Thence S62 013'54 "E, along said Southerly Line, i Y Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 3tErjj58 -524b (RE211- 0017) ORDINANCE NO. M0 ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVER Y PLAN AND - SENSITIVE AREAS DEVELOPMENT PLAN FOR THE PENINSULA NEIGHBOR OOD PHASES 3, 4 AND 5 LOCATED ON FOSTE ROAD. (REZ11 -00017) WHEREAS, the app nt, The Peninsula Development Compan , has requested amendments to the Planned Development O day (OPD) Plan and Sensitive Areas evelopment Plan for the Peninsula Neighborhood to reconfig a lot lines, street design and mix of s' gle- family, row house and multi - family buildings and amendments t the Peninsula Code to clarify how tbacks for garages are measured, allow for porches that are half wi of a house rather than full dth, and allow the eating and drinking establishments with Live/Work u its on Lot 117; and WHEREAS, the Peninsula N ' ghborhood OPD Plan allo s for the construction of up to 410 dwelling units as established in the Peninsul Neighborhood Develop nt Agreement; and WHEREAS, the Planning and Z ing Commission has he reviewed the proposed amendments to the Peninsula OPD Plan Sensitive Areas D velopment Plan a has recommended approval. NOW, THEREFORE, BE IT ORDAINED Y THE CITY C UNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The amen ed Per ns a Neighborhood OPD Plan and Sensitive Areas Development Plan attached hereto and inc rporate herein by this reference, for the property described below are hereby approved: Phase 3 and 4: Beginning at the Sout .nest Corner of Outlot "C" of a Replat of Peninsula Neighborhood First Addition in accordanc wi the Plat thereof Recorded in Plat Book 45, at Page 207 of the Records of the Johnson Coun Reco er's Office and a Point on the Southeasterly Line of Auditor's Parcel 2001020 in accordanc with the t thereof Recorded in Plat Book 43 at Page 43 of the Records of the Johnson County R order's Offic ; Thence N89 059'01 "W along said Southeasterly Line, 90.40 feet; Thence S60 °46' "W, along sa Southeasterly Line, 1301.43 feet; Thence N40 042'52 "W, 477.83 feet; Thenc N25 °13'54 "W, 51 90 feet; Thence N64 046'06 "E, 157.06 feet; Thence NO3 034'52 "W, 95.35 fe , to the Western m st corner of Lot 102 of The Peninsula Neighborhood Phase 2A, in acco dance with the Plat there f Recorded in Plat Book 53, at Page 136 of the Records of the Johnson ounty Recorder's Office; ence S53 030'11 "E, along the Southerly Line of said The Peninsula Nei hborhood Phase 2A, a distan of 188.30 feet; Thence S70 °45'54 "E, along said Southerly Line, 5 .87 feet; Thence S59 °28'31 "E, a ng said Southerly Line, 47.52 feet; Thence S89 019'43 "E, alon said Southerly Line, 59.10 feet; Thence N73 °05'03 "E, along said Southerly Line 101.10 feet; hence N64 °46'06 "E, 119.17 feet, to t Southeast Corner of Lot 100 of said The Peninsula Neig orhood Phase 2A, and the Southern ost corner of Lot 54 of The Peninsula Neighborhood econd Addition, in accordance with the Plat hereof Recorded in Plat Book 46, at Page 186 of the cords of the Johnson County Recorder's Office, Thence N84 030'41 "E, along the Southerly Line of id The Peninsula Neighborhood Second Addition, a distance of 106.48 feet; Thence S62 013'54" along said Southerly Line, 90.96 feet; Thence 64 046'22 "W, along said Southerly Line, Al .45 feet; Thence S25 013'38 "E, along said Southerly L e, 53.00 feet; Thence S25 011'37 "E, alo g said Southerly Line, 102.73 feet; Thence S27 °04'01 "E, alo said Southerly Line, 25.01 feet; Thence S29 °13'54 "E, along said Southerly Line, 8.94 feet; Thence N60 046'06 "E, along said Southerly Line, 53.00 feet; Thence N29 013'54 "W, along said Southerly Line, .23 feet; Thence N64 046'06 "E, along said Southerly Line, 92.24 feet; Thence S72 013'54 "E, along said Southerly Line, 11.70 feet; Thence S29 013'54 "E, along said Southerly Line, 16.27 feet; Thence N60 °46'06 "E, along said Southerly Line, 25.00 feet; Thence N29 013'54 "W, along said Southerly Line, 14.52 feet; Thence N17 046'06 "E, along said Southerly Line, 10.91 feet; Thence N64 046'06 "E, along said Southerly Line, 92.26 feet; Thence S29 °14'40 "E, along said Southerly Line, 8.95 feet; Thence N60 045'20 "E, along said Southerly Line, 53.00 feet; Thence N29 014'40 "W, along said Southerly Line, 5.23 feet; Thence N64 °46'06 "E, along said Southerly Line, 46.35 feet; Thence S62 013'54 "E, along said Southerly Line, Ordinance No. Page 2 98.68 feet; Thence S29 013'54 "E, along said Southerly Line, 21.48 feet; Thence N60 046'06 "E, along said Southerly Line, 25.00 feet; Thence N60 045'42 "E, along said Southerly Line, 151.52 feet; Thence N29 014'18 "W, along said Southerly Line, 71.51 feet; Thence N27 °46'06 "E, along said Southerly Line, 61.46 feet; Thence S62 013'54 "E, along said Southerly Line, 250.95 feet; Thence Northeasterly, 83.24 feet, along said Southerly Line on a 54.25 foot radius curve, concave Northwesterly, whose 75.31 foot chord bears N73 048'58 "E; Thence N29 043'06 "E, along said Southerly Line, 98.82 feet; Thence N29 °51'49 "E, along said Southerly Line, 52.16 feet; Thence S60 008'11 "E, along said Southerly Line, 120.00 feet; Thence S59 °58'21 "E, along said Southerly Line, 27.11 feet, to the Southeast Corner of Lot 35 of saic\The Peninsula Neighborhood Second Addition, and a Point on the Southerly Line of said Replat of Peninsula Neighborhood First Addition; Thence S30 001'39 "W, along said Southerly Line, 17.53 feet; Thence S60 °08'11 "E, along said Southerly Line, 191.33 feet; Thence S00 001'28 "W, along said Southerly`-Line, 54.60 feet, to the Point of Beginning. Said Tract of Land contains 17.37 Acres, and is subject to easements and restrictions of record. Phase 5: Lots 1, 2, 3, 4, 5, 6,',7 and 7A of Replat of Peninsula Neighborhood First Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 45, at Page 207, in the records of the Johnson County Recorder's Officewand also: Lot 52 and 53 of The Peninsula Neighborhood Second Addition, Iowa City, Iowa, in accorda a with t Plat thereof recorded in Plat Book 46, at Page 186, in the records of the Johnson Count � „Rec rder's Office, containing 2.00 acres and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The yfiding Inspe r is hereby authorized and directed to change the zoning map of the City of Iowa City, to a, to conform to is amendment upon the final passage, approval and publication of this ordinance by la SECTION III. CERTIFICATIO ND RECORDING. \own e and approval of the Ordinance, the City Clerk is hereby authorized a directed to certify a coinance and to record the same, at the office of the County Recorder of ohnson County, Iowa, at texpense, all as provided by law. SECTION IV. REPEALE All ordinances and parts s in conflict with the provisions of this Ordinance are hereby repe 4d. SECTION V. SEVER ILITY. If any section, provision or part of the Ord invalid or unconstitution , such adjudication shall not affect the validity of E section, provision or pa thereof not adjudged invalid or unconstitutional. SECTION VI. EF ECTIVE DATE. This Ordinance shall be in effect after publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office lance shall be adjudged to be Ordinance as a whole or any final passage, approval and C”) _ N) C7, '73 City of Iowa City MEMORANDUM Date: February 16, 2012 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Zoning Code Amendment to add a floor area bonus for downtown building projects that include Class A Office space above the ground level floor of the building In 2011, the City Council adopted new standards in the Central Business (CB -10) Zone requiring that at a minimum the first and second floors of any new building have to be built to commercial building code standards. In addition, a larger portion of the second floor fagade has to be devoted to window openings and the floor to ceiling height has to be at least 11 feet. These code changes are intended to create second floor spaces that are more attractive and usable for employers seeking downtown office space, but will not prevent the second floor from being used for apartments. As noted in the staff memo at that time, market research has revealed that there is a demand for quality office space in the downtown area. It is also a primary economic development goal of the City to increase the commercial property tax base and attract new businesses that will add high quality job opportunities. There is also a very strong market for downtown residential apartments and condominiums due to the proximity of the University of Iowa campus. Due to the strength of the market demand for residential development, the provisions adopted in 2011 may not be enough to create an incentive for developers to build the types of quality office space that will attract Class A office tenants. To provide an additional incentive, staff recommends adding a floor area bonus in the Central Business Zones, whereby for every 1 square foot of Class A office space provided on floors above the ground level floor, up to 2 square feet of additional floor area may be added to the building beyond the base floor area ratio allowed in the Zone. In addition to constructing the Class A office space, the property owner will be required to reserve that space for non - residential uses. There is precedent for this type of bonus provision in the Central Business Zones. There are a number of bonuses listed in Table 2C -4. These bonus provisions are intended to provide an incentive for development to incorporate features that provide a public benefit and to encourage excellence in architectural design. Staff recommends adding this new bonus provision to Table 2C -4 as set forth on the following page. Note that staff also recommends extending the opportunity for the other bonus provisions in this table to apply to development in the CB -10 Zone rather than just in the CB -2 and CB -5 Zones. The underlined text is the suggested new language and strike - through notation indicates text that will be deleted. All other language in the subject code section will remain unchanged. Approved by: Mobert Miklo, Senior Planner, Department of Planning and Community Development f Amend Table 2C -4: Bonus Provisions, as follows: Table 2C -4: Bonus Provisions' Public Benefit Bonus Allowed CB 2 and GO 5 Any Central Business Zone Masonry finish or architectural metal, not including metal siding, on 0.75 floor area ratio. all non - fenestrated areas of walls visible from a public street. For purposes of this provision, "masonry" shall be defined as fired brick, stone, or similar such material, not including concrete blocks and undressed poured concrete. Masonry may include stucco or like material when used in combination with other masonry finish. The provision of a theater 5 sq. ft, of floor area for every 1 sq. ft. of theater area. The provision of funds for all street furniture, lighting and 0.25 floor area ratio. landscaping improvements along adjacent street right -of -way in accordance with the any streetscape plan approved by the City. Provision of pedestrian activity areas, such as sidewalk cafes, 3 sq. ft. of floor area for every 1 sq. ft. of pedestrian adjacent to but not in the public right -of -way, provided such areas activity area. do not exceed a depth of 12 feet from the front lot line. Usable open space of size and at a grade that, at a minimum, 2 sq. ft. of floor area for every 1 sq. ft. of usable open allows passive recreational uses and is accessible to all residential space. occupants of a building. Such space may include areas such as yards, courtyards, terraces, and rooftop gardens designed and improved for outdoor activities. Balconies serving individual dwelling units and required setback areas are not eligible for this bonus. Adaptive reuse of any property designated as an Iowa City Up to 3 sq. ft. of floor area for every 1 sq. ft. of floor area Landmark, eligible for landmark designation, registered on the reused. Additional floor area may be constructed on the National Register of Historic Places, or listed as a historically vacant portions of the property that is being reused or on significant building as determined by the Survey and Evaluation of abutting properties. the historic and architectural resources for the vicinity. Provision of Class A office space on floors above the ground -level Up to 2 sq. ft. of floor area for every 1 so. ft. of Class A floor of the building. Class A Office Space is defined as space that office space provided on floors above the ground -level is of a quality that is attractive for premier office users with rents floor of the building. above average for the area. Class A Office Buildings have high quality standard finishes, state of the art systems, exceptional accessibility and a definite market presence.* To quality for this bonus, the resulting Class A office space must be reserved for non- residential uses. *As defined by the Building Owners and Managers Association International (BOMA) CB -10 Zone Only Provision of an off - street loading area that meets the requirements An additional 2.0 floor area ratio, not to exceed 12. set forth in Article 14 -5A, Off- street Parking and Loading Requirements. Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, SUBSECTION 14- 2C -8Q, BONUS PROVISION , ADDING A FLOOR AREA BONUS FOR CONSTRUCTING CLASS A OFFICE SPA E ON UPPER FLOORS WITHIN A MULTI -STORY BUILDING IN A CENTRAL BUS \ane S (CB -10) ZONE. WHEREAS, ntral Business District is intended to be the high density, compact, pedestrian- orientping, office, service and entertainment area in low City; and WHEREAS, i a desire to maintain and support a market r a wide variety of businesses in the to to ensure the long term economic health of a downtown; and WHEREAS, f the rimary economic development goals the City is to attract businesses that vide hig quality jobs; WHEREAS, ction of ss A office space in the Central usiness Distric t will help to attract businesseprovide hig quality jobs. NOW, THER, BE IT OR INED BY THE CITY COU CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. de of Ordinance of the City of Iowa ity, Iowa is hereby amended as follows: A. Amending Table 2C -4, Bonus Provisi would apply in the CB -10 Zone as it remain unchanged): by a ding the following bonus provision that :ed elow (the remainder of said table shall Table 2C -4: Bonus Provisions' Public Benefit z Bonus Allowed CB -10 Zone Provision of Class A office space on floors alb the Up to 2 ft. of floor area for every 1 sq. ft. of ground -level floor of the building. To qualify f this Class A o ce space provided on floors above bonus, only non - resideInean s shall be al wed in the ground- vel floor of the building. the Class A office spac rv; As defined by the Builders an Managers =_ : ;y Association InternationA), C ss A Office Space is space that is oi ty at is attractive for =3 premier office users wit ove average for the area. Class A Office Buave high quality standard finishes, state rt systems, exceptional accessibility and a definet presence. '? SECTION III. RE ALER. All ordinances and parts of ordinances in conflict ith the provi- sions of this Ordina a are hereby repealed. SECTION I SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to a invalid or unconstitutional, such adjudication shall not affect the validikjr of the Ordinance as a whole or any section, provision or part thereof not adjudged inv id or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 2012. Ordinance Na Page 2 MAYOR ATTEST ( 03 -20 -12 5C Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, SUBSECTION 14- 2C -8Q, BONUS PROVISIONS, ADDING A FLOOR AREA BONUS FOR CONSTRUCTING CLASS A OFFICE SPACE ON UPPER FLOORS WITHIN A MULTI -STORY BUILDING IN A CENTRAL BUSINESS (CB -10) ZONE. WHEREAS, the Central Business District is intended to be the high density, compact, pedestrian- oriented shopping, office, service and entertainment area in Iowa City; and WHEREAS, there is a desire to maintain and support a market for a wide variety of businesses in the downtown to ensure the long term economic health of the downtown; and WHEREAS, one of the primary economic development goals of the City is to attract businesses that will provide high quality jobs; WHEREAS, construction of Class A office space in the Central Business District will help to attract businesses that provide high quality jobs. 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. Amending Table 2C -4, Bonus Provisions, by adding the following bonus provision that would apply in the CB -10 Zone as indicated below (the remainder of said table shall remain unchanged): Table 2C -4: Bonus Provisions Public Benefit Bonus Allowed CB -10 Zone Provision of Class A office space on floors above the Up to 2 sq. ft. of floor area for every 1 sq. ft. of ground -level floor of the building. To qualify for this Class A office space provided on floors above bonus, only non - residential uses shall be allowed in the ground -level floor of the building. the Class A office space. As defined by the Building Owners and Managers Association International (BOMA), Class A Office Space is space that is of a quality that is attractive for premier office users with rents above average for the area. Class A Office Buildings have high quality standard finishes, state of the art systems, exceptional accessibility and a definite market presence. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of 12012. Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK Approved by 9411ael City Attorney's Office /�-�rz 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 3/20/2012 Voteforpassage: AYES: Dobyns, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: Hayek. Second Consideration _ Vote for passage: Date published 5 Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 9A, GENERAL DEFINITIONS, CHANGING THE DEFINITION OF "HOUSEHOLD" AS IT APPLIES IN THE RM -44, PRM, RNS -20, RM -20, AND CO -1 ZONES. WHEREAS, "Household Living" is the most prevalent land use within the city, and includes single family dwellings, two- family dwellings (duplexes), and multi - family dwellings (apartments); and WHEREAS, by definition, only one Household may live within a Household Living Use; and WHEREAS, in all single family zones, the low density multi - family zone (RM -12) and all commercial zones, except the commercial office zone (CO -1), a household may consist of a family and up to one unrelated person; or a group of not more than 3 unrelated persons; and WHEREAS, it is only in the high density multi - family zones (RM -44 & PRM) and the medium density multi- family zones (RM -20 & RNS -20) and the commercial office zone (CO -1) that more than 3 unrelated persons may reside within one dwelling unit; and WHEREAS, in the RM -44 and PRM Zones up to 5 unrelated persons may reside within one dwelling unit; and in the RM -20, RNS -20, and CO -1 Zones up to 4 unrelated persons may reside within one dwelling unit; and WHEREAS, the location of the University campus in close proximity to older residential neighborhoods where the aforementioned zoning designations are prevalent, in combination with the aforementioned occupancy standards for unrelated persons in these zones, create an incentive to develop or redevelop property with residential apartments intended primarily for short term residents, primarily university undergraduate students, with less emphasis on providing commercial space or residential dwellings attractive to longer -term residents; and WHEREAS, there is a desire to maintain and support a market for a wide variety of businesses and residents in the downtown to ensure the long term economic health of the downtown and the surrounding residential neighborhoods; and WHEREAS, it is common practice to control maximum occupancy within residential dwellings to prevent overcrowding, to control parking and traffic congestion, to maintain a stable population, and to preserve or foster a certain character within an area; and WHEREAS, the Central District element of the Comprehensive Plan contains a goal to explore ways to make more of the existing and future rental housing in the Central District available to families and other non - student populations in need of affordable housing, e.g. revisiting occupancy rules and housing code provisions to discourage or prevent unmanaged dorm -style apartments; and WHEREAS, amending the definition of "Household" to be consistent across all zoning districts will allow all types of households, including both student and non - student households, to compete in the market for housing in central neighborhoods close to employment opportunities and cultural, educational, and commercial services and amenities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete the definition of "Household" in Article 14 -9A, General Definitions, and substitute in lieu thereof: HOUSEHOLD: A Household is defined as: Draft Ordinance No. Page 2 • One person; or 2 or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 1 unrelated person, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 3 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. B. Delete subsection 14- 4E -9C, and substitute in lieu thereof: C. The maximum occupancy, as determined by the Building Official based on the applicable regulations effective February 21, 2012, will be applied to: 1) any development activity associated with establishing or constructing a residential use for which a valid permit was issued on or prior to February 21, 2012; or, 2) any residential use for which a valid rental permit was issued prior to (the effective date of this ordinance), the effective date of the current maximum occupancy regulations. For such uses, legal nonconforming rights will be granted for this maximum occupancy. 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 MAYOR Approved by ATTEST: J-(Uo= L'�- CITY CLERK City Attorney's Office 3�ry IIZ 03'2311"" 5e 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: 14 -4E -8 Regulation of Nonconforming Development A. General Provisions 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 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. 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 H. 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: Q abev" CITY CLERK City Attorney's Office -7 -2& 1Z 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: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration 3/20/2012 Voteforpassage: AYES: Dobyns, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: Hayek. Date published 5f ..Nm..mmlom Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00002) ORDINANCE NO. 2 -4+67 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. 12 -4467 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. Passed and approved this 20th day of March, 2012. MAYOR Pro tel Cl Approved by IJA City At orney's Office a a�� It 2 Ordinance No. 12 -4467 Page 3 It was moved by Champion and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims _x Payne x Throgmorton First Consideration 3/6/2012 Vote for passage: AYES: Hayek, Mims, Payne, ' Throgmorton, Champion, Dickens, Dobyns. NAYS: NBne. ABSENT: None. Second Consideration ------ - - - - -- Vote for passage: Date published 3/29/2012 loved by Champion, seconded by Throgmorton, that the rule requiring ordinances to be considered ind voted on for passage at two Council meetings prior to the meeting at which it is to be finally )assed be suspended, the secondconsideration and vote be waived and the ordinance be voted upon -or final passage at this time. AYES: Dobyns, Mims, Payne, Throgmorton, Champion, Dickens. BAYS: None. ABSENT: Hayek. 321 East Market Post Office Box 2150 Iowa City, Iowa 52244.2150 Phone: (319) 354.1104 Fax: (319) 3546962 Email addresses: attorney's last name @ptmlaw.com www.ptmiaw.com William V. Phelan Bruce L. Walker Richard M. Tucker Thomas H. Gelman Gary J. Schmit John E. Beasley Dean D. Carrington Pope S. Yamada Anna Moyers Stone William N. Toomey Daniel W Boyle William M. Tucker (19222003] Charles A. Mullen [19372001] PHELAN TUCKER WALKER TUCKER A T T 0 R N E Y S March 7, 2012 MULLEN GELMAN LLP A T L A W SENT VIA EMAIL ONLY: council0iowa- citV.ong) Iowa City City Council 410 E. Washington St. Iowa City, IA 52240 Re: REZ 12 -00002 —108 McLean Street, Iowa City My Client: Parish Apartments L.L.C. Dear Council: I represent Parish Apartments L.L.C. On behalf of Parish Apartments L.L.C., I request that the second and third readings before the Iowa City City Council regarding the above - referenced rezoning request both occur at the City Council Meeting scheduled for March 20, 2012. Thank you for your assistance. Very truly yours, John E. Beasley :Bch Iowa City City Attorne 's Office 410 E. Washington Str et Iowa City, IA 52240 Bob Miklo 410 E., Washington Street Iowa City, IA 52240 Prepared by: Brian Boelk, Engineering, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5437 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. WHEREAS, pursuant to Chapters 384 and 388, Code of Iowa (2011) the City of Iowa City is authorized to establish a stormwater utility and provide for the collection of rates and charges to pay for said utility; and WHEREAS, stormwater utility rates fund the stormwater utility system over time; and WHEREAS, the flat rate for an Equivalent Residential Unit (ERU) will increase from $2.50 to $3.00, and the multiplying rate for non - residential properties will increase from $1.00 to $1.25. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 6, entitled "Stormwater Utility Fee" is hereby amended by increasing the fee to $3.00. SECTION II. AMENDMENT. Title 16, Chapter 3, Article G, Section 10, Subsection F, entitled "Determination of Storm Water Utility Charge ", Paragraph 3, is hereby amended by substituting one dollar ($1.00) with $1.25. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of 120 MAYOR ATTEST: CITY CLERK Ap roved by City Attorney's Office M�14 2 pweng /ord/stormwater- feeincreasefyl 3.doc 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: NAYS: None. Second Consideration Vote for passage: Date published Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the 3/20/2012 AYES: Throgmorton, Champion, Dickens, Dobyns, Mims, Payne. ABSENT: Hayek. M q Prepared by: Eleanor Dilkes, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. 12 -4468 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 the 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 20th day of March MAYOR Pro tem ATTEST: W CLE- CITY RK Ap b 3 , )a _" City Attorney's Office Ordinance No. 12 -4468 Page 2 It was moved by Throgmorton and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: X x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 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 3/29/2012 Moved by Throgmorton, seconded, by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Champion, Dickens, Dobyns, Mims, Payne, Throgmorton. NAYS: None. ABSENT: Hayek. 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 CREAT TWO SEPARATE OFFENSES TO BE KNOWN AND CITED AS "INDECENT EXPOSURE" D "PUBLIC URINATION AND DEFECATION ". WHEREAS, the same section o he City Code prohibits both indecent exposure and public urination, and therefore the same code section s cited whether the offense being charged is indecent exposure or public urination; WHEREAS, this amendment will NOW, THEREFORE, BE IT ORDAINE� SECTION I. AMENDMENTS. Title 8, "Police Regulations ", Chapter 5, Conduct" is amended by deleting it in its 8 -5 -6 INDECENT EXPOSURE AND a separate code section for each of these offenses. BY THE CITY COUNCIL OF THE CITY OF CITY, iscellaneous Offenses ", Section 6, "Indece5etxposure and itirety and substituting the following in lie thereof: DUCT A. It shall be unlawful for a person to alto or permit the exposure of th genitals, buttock, female breasts or pubes of such person to ano her not eh person's' spoL partner or to commit a sex act in the presence or view of anothe person except a spou or partner, if: (1978 Code §24- 114; amd. 1994 Code) 1. The person does so to arouse or sati4fy the sexu4V'desire of either of them; and 2. The person knows or reasonably should knoXthat the act is offensive to the viewer. B. "Sex act" means any act, actual or sim genitalia or the anus. This would incluc sexual intercourse. 8 -5 -13 PUBLIC URINATION AND DEFECATI which involves contact with human or animal not be limited to, such acts as masturbation or A. It shall be unlawful for any rson to urinate o defecate in or upon any street, alley, public place or in any place open top lic view, provided this subsection shall not apply to restrooms or public facilities designated for uch purpose. (1978C e §24 -114) SECTION Il. REPEA R. All ordinances and parts f ordinances in conflict with the provision of this Ordinance are hereby r ealed. SECTION Ill. SE RABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstit,vfional, such adjudication shall not affec the validity of the Ordinance as a whole or any section, provisio or part thereof not adjudged invalid or unc nstitutional. SECTION i . EFFECTIVE DATE. This Ordinance shall Re in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2012. MAYOR ATTEST: CITY CLERK roved by City Attorney's Office 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: unt of Fee, Charge, Fine or Description of Fee, Charge, Fine or Penalty (Penalty General fares and rates: F Standard fare, general public _ �1.00� 24 hour pass 1 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) F"�- ��---^ - -_ 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) _.. __......._...__........_..--- ........... _ ... .......... __ ..... _ ... -- ..................... _._._ ............. -- ----.. ........._._...._...........__. .._.._....._ .__. ... -- ................. _._ ............. _ ................. ---- .... _ ...... -- -- ................ - .............................. _...__.... 10 -Ride Pass . 8.50 Special fares: | Elderly persons (off peak only, 60+ years) 0.50 Elderly Low Income (off peak only, pass required) F r e e Person with Disability (off peak only, pass required) Free SaturdayTarTily �are (Up to 2 adults and 2 children) 1.00 Bicycle Lockers: Annual (Prorated) | Use of City Vehicle and Operator Bus and Shop .35 1 SECTION 11. REPEALER. All ordinances and parts of ordinances |n conflict with the provision of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance aao whole orany section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective on July 1.3O12. Passed and approved this day of 2012. MAYOR CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 3/6/2012 Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration 3/20/2012 Voteforpassage: AYES: Dickens, Dobyns, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: Hayek. Date published Mkt 10 Prepared by: Ed Moreno, Superintendent, Water Division, 410 E. Washington, Iowa City, Iowa 52240, 319 - 356 -5162 ORDINANCE NO. 12 -4469 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 5/8 ", 5/8" x 3/4 " .._ ............. $6.41 3/4" 1 _._........___.$8.26���' $16.47 - - -�' 2" $22.14 . ........... I ....... .. . ..... .. 4" 6„ $71.37 .__._$143.61 There will be no minimum monthly charge for a single purpose water meter for the months of November to March if no water is used. Ordinance No. Page 2 12 -4469 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 20th day of March , 2012. Mayor Pro teml ATTEST: _ &,.- -,, I CITY CLERK City Attorney's Office t Z Ordinance No. 12 -4469 Page 3 It was moved by Champion and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 2/21/2012 Vote for passage: AYES: Payne, "fhrogmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration 3/6/2012 Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Date published 3/29/2012 Mly 11 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. 12 -4470 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, C135, and CB10 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 20th day of March 2012. MAYOR Pro to ATTEST: ���. �• 5TH -c•e% CITY CtERK Approved by City Attorney's Office Ordinance No. 12 -4470 Page 2 It was moved by Payne and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 2/21/2012 Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration 3/6/2012 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, . Champion. NAYS: None. ABSENT: None. Date published 3/29/-201,2 M� 13 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 ORDINANCE NO. 12 -4471 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE RIVERFRONT CROSSINGS URBAN RENEWAL AREA N /K/A RIVERSIDE DRIVE 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 N /K/A RIVERSIDE DRIVE 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 orr the 18th day of October, 2011, adopted an Urban Renewal Plan (the "Urban Renewal Plan ") for an urban renewal area now known as the Riverside Drive 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; Resolution No. 12 -4471 Page 2 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. Resolution No. 12 -4471 Page 3 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 20th day of March , 20 12 J'al 0� . 1�2 r�� MAYOR Prot m ATTEST: Y CLERK Approved by Crt.G� City Attorney's Office Ordinance No. 12 -4471 Page 4 It was moved by Payne and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ x Champion x Dickens x Dobyns _ x Hayek x Mims x Payne x 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 3 /29/2012 Riverfront Crossing Urban Renewal Area s U � Y ' FQ- MYRTI F AVF r L:do °� Z U U PRENTISS ST LI V 1 U ca u � a � S ipil ;-) u R.i- Terfront Crossin Urban Renewal Area pp Approximately 44 . cres �I�