HomeMy WebLinkAbout2012-04-17 Ordinance7b
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
(REZ12- 00003)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 2.43 ACRES OF LAND FROM INTENSIVE
COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2) FOR PROPERTIES LOCATED EAST
OF WEST SIDE DRIVE AND NORTH OF MORMON TREK BOULEVARD NEAR ITS INTERSECTION
WITH HIGHWAY 1 WEST (REZ12- 00003).
WHEREAS, the applicant, McDonald's USA, LLC, has requested a rezoning of property located east of
West Side Drive and north of Mormon Trek Boulevard near its intersection with Highway 1 West from
Intensive Commercial (CI -1) to Community Commercial (CC -2);
WHEREAS, two properties adjacent to the applicant's property that are similarly situated with visibility
and access to two major arterial streets are included in this rezoning action, with the consent of the property
owner, in order to create a consistent and logical zoning pattern; and
WHEREAS, the Comprehensive Plan indicates that this area is intended to provide the opportunity for a
large variety of commercial uses that serve a major segment of the community, and due to the location at
the intersection of two arterial streets and near a highway interchange serve a regional market with visibility
and access more suited to retail commercial uses and restaurants rather than for quasi - industrial uses or
back office functions; and
WHEREAS, the Planning and Zoning Commission has 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 Intensive Commercial (CI -1) to Community Commercial (CC -2):
LEGAL DESCRIPTION
LOTS 1, 2, AND 3 OF WEST SIDE PARK ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, AS
DESCRIBED IN BOOK 38, PAGE 113 BY THE JOHNSON COUNTY RECORDER.
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: Approved by: rt
CITY CLERK ' City Attorney's Office /���
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 4/17/2012
Vote forpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
7
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Andrew Bassman, Planning Intern
Item: REZ12 -00003 Date: March 15, 2012
GENERAL INFORMATION:
Applicant: McDonald's USA, LLC
1650 W 82 "d Street, Ste. 900
Bloomington, MN 55431
(952) 486 -4163
Brian.Smith@us.mcd.com
Contact Person: Joel Jackson
Bishop Engineering
3501 104th Street
Urbandale, IA 50322
(515) 276 -0467
jjackson @bishopengr.com
Property Owner: Archland Property I LLC
One McDonald's Plaza
Oak Brook, IL 60523
(630) 623 -3526
doreen.evans@us.mcd.com
Requested Action: Rezoning from CI -1 to CC -2
Purpose: Expansion of an existing restaurant
Location: 2440 Mormon Trek Blvd.
Size: 2.43 acres
Existing Land Use and Zoning: Fast -food restaurant, CI -1
Surrounding Land Use and Zoning: North: Multi- family residential; RM -12 & commercial;
CIA and CO -1;
South: Commercial; CIA
East: Airport; P1 and commercial; CIA
West: Commercial; CIA and CO -1
Comprehensive Plan: Southwest District Plan
File Date: February 27, 2012
45 Day Limitation Period: April 12, 2012
2
BACKGROUND INFORMATION:
The applicant, McDonald's USA., LLC, proposes rezoning a 1.02 -acre lot from Intensive
Commercial (CI -1) to Community Commercial (CC -2). The City would encourage the two adjacent
properties —a drive - through car wash at 16 West Side Drive, and a gas station at 2410 Mormon
Trek Boulevard —be included in the rezoning since they are similarly situated near the corner of
two arterial streets. BFLS Properties LLC, the owner of the adjacent properties, concurs with the
rezoning their property.
When the new zoning code was adopted in 2005, restaurants were removed as an allowed use
from the CIA zone. As a result, the McDonald's restaurant is considered a non - conforming use,
and as such may not be enlarged. At the time the code was being rewritten, the City was
interested in returning the CIA zone to its original intent, which was to provide locations for land -
consumptive and quasi - industrial commercial uses and only a few restaurants were located in CI-
1 zones.
The West Side Park subdivision, which includes this property, was annexed in the early 1980's
with plans to develop a commercial /light industrial park. In the early 1990's most of the property
within West Side Park was rezoned form CIA to Low Density Multi - Family (RM -12) and was
developed with apartment buildings and duplexes (see RM -12 shown on the location map). The
properties located to the west and north of the subject property were rezoned to Commercial
Office (CO -1) and provide a transition between the CIA and RM -12 zoning.
The applicant has not indicated if they have used or will not use the "Good Neighbor Policy ".
ANALYSIS:
Current zoning: The Intensive Commercial (CI -1) zone provides areas for light industrial uses,
businesses with operations typically characterized by outdoor storage and display of merchandise
and by repair and sales of large equipment or motor vehicles. The types of retail uses allowed in
this zone are limited in order to provide opportunities for more land intensive or quasi - industrial
operations that may detract from a more typical retail commercial environment. Typical uses found
in the CIA zone include vehicle sales lots, mechanics, auto body repair and paint shops, light
manufacturing, warehousing and contractor's yards. Restaurants are not a permitted use in the
CIA zone.
Proposed zoning: The purpose of the Community Commercial (CC -2) zone is to provide for
major business districts to serve a significant segment of the total community population. In
addition to a variety of retail goods and services, these areas may feature a number of large traffic
generators requiring access from major thoroughfares. The CC -2 zone allows all types of retail
businesses, offices, business services, restaurants, quick vehicle servicing (gas stations and car
washes) and personal services such as hair salons, dry cleaners, and banks.
Drive - through facilities, including fast food restaurants, are permitted by special exception in the
CC -2 zone.
The required building setbacks, height limits and parking requirements are generally the same for
both zones. The CC -2 zone allows apartments above the ground floor of commercial uses. The
CI -1 zone does not allow residential uses. Both zones allow general office uses, but the CI -1 zone
does not allow medical offices.
Compliance with Comprehensive Plan: The Southwest District Plan map shows this area as
3
general commercial, an area intended to provide opportunity for a large variety of commercial
uses that serve a major segment of the community. The Southwest District Plan states that this
area contains a variety of uses, and due to the location of this area near the highway interchange,
these businesses serve a regional market rather than just surrounding neighborhoods. Because
of this location, at a major entrance to the community, the appearance of this corridor is an
important component of the economic development of the area.
Compatibility with neighborhood: A rezoning to CC -2 would not change the existing uses within
the area of the proposed rezoning. Rezoning to a CC -2 zone appears to be well- suited to the
existing commercial activity in and around the area of the proposed rezoning. The high visibility,
high traffic volume, and effects of changing economic conditions in the area, such as the
vacancies at the former carpet retail warehouse (1506 Highway 1 West) and the Chevrolet auto
dealership (1600 Highway 1 West), make a rezoning to CC -2 compatible with the neighborhood.
As noted above the West Side Park subdivision has evolved from the original plan of being a
commercial and light industrial park, which required CI -1 zoning, into an area that contains a
mix of residential and commercial uses. In Staff's opinion the proposed zone change appears
to be compatible with this evolution.
STAFF RECOMMENDATION:
Staff recommends approval REZ12 -00003 of a rezoning from Intensive Commercial (CI -1) to
Community Commercial (CC -2) zone for approximately 2.43 acres of land located at north of
Mormon Trek Boulevard east of West Side Drive.
ATTACHMENTS:
Location Map
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
ppdadmin\sffrepVemplate. doc
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1 INN
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Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
(REZ12- 00003)
ORDINANCE NO.
AN ORDINANCE R ONING APPROXIMATELY 2.43 ACRES OF LA D FROM INTENSIVE
COMMERCIAL (CI -1) TO OMMUNITY COMMERCIAL (CC -2) FOR PRO ERTIES LOCATED EAST
OF WEST SIDE DRIVE AN ORTH OF MORMON TREK BOULEVARD NEAR ITS INTERSECTION
WITH HIGHWAY 1 WEST (REZ12- 00003).
WHEREAS, the applicant, Mc nald's USA, LLC, has requested a r oning of property located east of
West Side Drive and north of Mor n Trek Boulevard near its inter ction with Highway 1 West from
Intensive Commercial (CI -1) to Comm ity Commercial (CC -2);
WHEREAS, two properties adjacen to the applicant's property t t are similarly situated with visibility
and access to two major arterial streets ar included in this rezoning ction, with the consent of the property
owner, in order to create a consistent and to ical zoning pattern; an
WHEREAS, the Comprehensive Plan ind ates that this area i intended to provide the opportunity for a
large variety of commercial uses that serve a ajor segment of a community, and due to the location at
the intersection of two arterial streets and near a ighwav inter ange serve a regional market with visibility
and access more suited to retail commercial use and
back office functions; and
WHEREAS, the Planning and Zoning Commis is
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
SECTION I APPROVAL. Property described bel
designation of Intensive Commercial (CI -1) to Communi
rather than for quasi - industrial uses or
reviewed the proposed rezoning and has
DIL OF THE CITY OF IOWA CITY, IOWA:
hereby reclassified from its current zoning
mercial (CC -2):
LOTS 1, 2, AND 3 OF WEST SIDE PARK ADDITION, IOWA CIT))( JOHNSON COUNTY, IOWA, AS
DESCRIBED IN BOOK 38, PAGE 113 BY THE JO NSON COUNV RECORDER.
SECTION II. ZONING MAP. The Building
zoning map of the City of Iowa City, Iowa, to c
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECI
City Clerk is hereby authorized and directed tc
the office of the County Recorder of Johnson C
SECTION IV. REPEALER. All ordinance
Ordinance are hereby repealed.
for is hereby
to this amen
DING. Upon passage a
certify a copy of this ordii
)unty, Iowa, at the owner's
and parts of ordinances in
"ized and directed to change the
upon the final passage, approval
approval of the Ordinance, the
e and to record the same, at
se, all as provided by law.
nfli with the provisions of this
SECTION V. SEVERABILITY. If any se ion, provision or part of the Ordinanc&S
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordirn
section, provision or part thereof not adjudg d invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. Thi Ordinance shall be in effect after its final
publication, as provided by law.
MAYOR
ATTEST:
CITY CLERK
Approved by:
hall be adjudged to be
ce as a whole or any
r_)
)a age-1*proval and
w
City Attorney's Office -- .--).
7�
?4
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 19- 356 -5240
(REZ12- 00003)
ORDINANCE NO.
AN ORDI NCE REZONING APPROXIMATELY 2.43 ACRES OF LAND FRO INTENSIVE
COMMERCIAL -1) TO COMMUNITY COMMERCIAL (CC -2) FOR LOTS 1, 2, AND 3 OF WEST SIDE
PARK ADDITION, I WA CITY, JOHNSON COUNTY, IOWA (REZ12- 00003). /
WHEREAS, the app ant,
West Side Drive and no_ o
Intensive Commercial (CI -1) t
WHEREAS, two properties
and access to two major arteri
owner, in order to create a con
WHEREAS, the Comprehe
large variety of commercial us
the intersection of two arterial
and access more suited to ret
back office functions; and
WHEREAS, the Planning and Zoning Co mis
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE C
SECTION I APPROVAL. Property described
designation of Intensive Commercial (CI -1) to Commu
McDonald's USA, LLC, has requested a rezo
f Mormon Trek Boulevard near its intersecti,
Community Commercial (CC -2);
\nsiven to the applicant's property that ar
are included in this rezoning actin ,
cons logical zoning pattern; and
indicates that this area is int nded
ee a major segment of the ommu
sear a highway intercha a serve
ci uses and restaura s rather t
of property located east of
ith Highway 1 West from
similarly situated with visibility
with the consent of the property
to provide the opportunity for a
nity, and due to the location at
a regional market with visibility
han for quasi - industrial uses or
sion has /reviewed the proposed rezoning and has
CO CIL OF THE CITY OF IOWA CITY, IOWA:
o is hereby reclassified from its current zoning
Pf Commercial (CC -2):
LOTS 1, 2, AND 3 OF WEST SIDE PARK ADDITION, IOWA,CITY, JOHNSON COUNTY, IOWA, AS
DESCRIBED IN BOOK 38, PAGE 113 BY TH JOHNSON CIQUNTY RECORDER.
SECTION II. ZONING MAP.
zoning map of the City of Iowa City
and publication of this ordinance by
SECTION III. CERTIFICATION
City Clerk is hereby authorized an
the office of the County Recorder
SECTION IV. REPEALER. II
Ordinance are hereby repeale V.
SECTION V. SEVERABI I
invalid or unconstitutional,
section, provision or part t
publication, as provideX by law.
The Bu) ding Inspector is he
, low A, to conform to this a
authorized and directed to change the
Iment upon the final passage, approval
D RECORDING. Upon passage
directed to certify a copy of this 6(
Johnson County, Iowa, at the owner
ordinances and parts of ordinances
and approval of the Ordinance, the
linance and to record the same, at
expense, all as provided by law.
conflict with the provisions of this
TY. If any section, provision or part of the Or in
adjudication shall not affect the validity of th
not adjudged invalid or unconstitutional.
DATE. This Ordinance shall be in effect after its
ance shall be adjudged to be
Ordinance as a whole or any
al passage, approval and
MAYOR
ATTEST: Approved by:
CITY CLERK y d C — a y,f 7 10, ity Attorney's Office � I Z
04 -17 -12
7c
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLES 2B AND 2C, AND
PARAGRAPH 14- 4B -4A -7 TO ESTABLISH THREE AS THE MAXIMUM NUMBER OF
BEDROOMS ALLOWED WITHIN A MULTI - FAMILY DWELLING UNIT IN MULTI - FAMILY
ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY USES AND TO
ESTABLISH NEW RESIDENTIAL DENSITY FORMULAS FOR MULTI - FAMILY USES
LOCATED IN MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI-
FAMILY USES.
WHEREAS, one of the stated purposes of the zoning code is to regulate population density
to avoid undue concentration of population and overcrowding of land and to foster a convenient,
compatible and efficient relationship among land uses; and
WHEREAS, in multi - family zones and in commercial zones that allow multi - family dwelling
units, the zoning code currently regulates residential density based on the number of dwelling
units regardless of the number of bedrooms per unit; and
WHEREAS, in Downtown Iowa City and in Iowa City neighborhoods close to the University
of Iowa campus, the demand for student rental housing is highest. These areas coincide with
the City's medium and high density multi - family zones and mixed -use commercial zones,
including the central business zones; and
WHEREAS, in the aforementioned neighborhoods and commercial districts close to
campus, multi - family dwelling units are typically designed, marketed and leased on a per -
bedroom basis rather than on a per -unit basis in response to the strong market for short-term
rentals; and
WHEREAS, the current method of regulating density in the aforementioned areas and zones
provides a disincentive to construct smaller multi - family dwelling units because the same
amount of land area is required for a 1- bedroom apartment as for a 3, 4, or 5- bedroom unit,
which has resulted in a market where only apartments with large numbers of bedrooms are
produced to the exclusion of smaller units regardless of the unmet demand for smaller rental
units that may be attractive to demographically - diverse populations; and
WHEREAS, the lower intensity commercial zones and the low density multi - family zone are
often used as buffers or transition zones in outlying areas of the City and /or in close proximity to
lower density residential areas, including older, more historic single family residential
neighborhoods in the central core of the city, so establishing a residential density standard for
the lower intensity commercial zones that is consistent with the current residential density
standard in the low density multi - family zone, will provide a more compatible transition to nearby
single family neighborhoods; and
WHEREAS, the Comprehensive Plan encourages the development of a diversity of housing
types in every neighborhood to provide living opportunities for all Iowa City residents and to
support a diversity of businesses in mixed -use commercial zones and the Central Business
District that serve a broad spectrum of the Iowa City population, and
WHEREAS, establishing a minimum lot area per bedroom for multi - family dwellings in
medium and high density multi - family zones and in the central business zones will provide for
better control of population density, help stabilize neighborhoods near the University campus,
and encourage development of a diversity of housing types and sizes to support a healthy mix
of businesses in the Central Business District.
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 213-2, Dimensional Requirements for Multi - Family Residential Zones,
deleting the current "Area /Unit" standards for Multi - Family, and substituting the
Ordinance No.
Page 2
following cross - references: "See Table 2B -3, Maximum Density Standards for Multi -
Family Dwellings in Multi - Family Zones ".
B. Inserting the following Table 213-3, within Section 14 -213-4, Dimensional Standards,
immediately following Table 213-2.
Table 213-3: Maximum Density Standards for Multi - Family Dwellings in Multi - Family Zones'
Zone
RM -12
RM -20 & RNS -20
RM -44
PRM
Efficiency or 1-
Efficiency or
435
There is no minimum lot area per unit
Area per
Bedroom Unit
1- Bedroom
2,725
1,800
500
435
Minimum Lot Area
Unit
(in square
Unit
per Unit
Two - Bedroom
2,725
1,800
1,000
875
(in square feet)
Unit
Maximum # of bedrooms per
3
Three-
Bedroom Unit
2,725
2,700
1,500
1,315
Maximum # of bedrooms per multi-
3
3
3
3
family dwelling unit
Notes: 'For purposes of the provisions within this table, any room that is larger than 70 square feet in size, meets the egress
requirements as specified in the Building Code, and is not a typical shared living space, such as a living room, dining area, kitchen,
or bathroom may be considered one or more bedrooms, as determined by the Building Official.
C. Amending Table 2C -2(a), Dimensional Requirements for all Commercial Zones,
except the MU Zone, deleting the current "Area /dwelling unit" standards, and
substituting the following cross - reference: "See Table 2C -2(c), Maximum Density
Standards for Multi- Family Dwellings in Commercial Zones ".
D. Amending Table 2C -2(b), Dimensional Requirements for the Mixed Use Zone (MU),
deleting the current "Area /Unit" standards for Multi - Family, and substituting the
following cross - reference: See Table 2C -2(c), Maximum Density Standards for Multi -
Family Dwellings in Commercial Zones, as shown below.
E. Inserting the following Table 2C -2(c), within Section 14 -2C -4, Dimensional
Standards, immediately following Table 2C -2(b):
Table 2C-2(c): Maximum Density Standards for Multi-Famil y Dwellings in Commercial Zones'
Zone
C0.1, CC -2, CN -1 & MU
CB -2
CB -5 & CB -10
Minimum Lot
Efficiency or 1-
2725
435
There is no minimum lot area per unit
Area per
Bedroom Unit
standard. However, the number of 3-
Two - Bedroom
2725
875
dwelling unit
bedroom units per lot may not exceed
(in square
Unit
30% of the total number of units on the
Three Bedroom
2725
1,315
feet)
lot.
Unit
Maximum # of bedrooms per
3
3
3
multi-family dwelling unit
Notes: 'For purposes of the provisions within this table, any room that is larger than 70 square feet in size, meets the egress
requirements as specified in the Building Code, and is not a typical shared living space, such as a living room, dining area, kitchen,
or bathroom may be considered one or more bedrooms, as determined by the Building Official.
F. Deleting paragraph 14- 2C -4A -2, and substituting in lieu thereof:
2. Standards
Generally, the minimum lot area and width standards for the various Commercial
Zones are stated in Tables 2C -2(a) and 2C -2(b), located at the end of this Section.
Most commercial zones do not have minimum lot size or width requirements.
However, for mixed commercial /residential buildings, the number of dwelling units
allowed is based on the residential density formulas as stated in Table 2C -2(c),
located at the end of this Section.
G. Deleting subparagraph 14- 4B- 4A -7b., and substituting in lieu thereof:
Ordinance No.
Page 3
b. Maximum Density
The residential density standards for Multi - Family Uses in Commercial Zones
are stated in Table 2C -2(c) located in Section 14 -2C -4, Dimensional
Requirements.
SECTION II. NONCONFORMING RIGHTS GRANTED. The number of bedrooms per unit
and the maximum residential density, as determined by the Building Official, based on the
applicable regulations effective April 3, 2012, will be applied to any development activity
associated with establishing or constructing a multi - family use for which a valid building permit
was issued on or prior to April 3, 2012. Other legal nonconforming situations are allowed to
continue in accordance with the provisions of Article 144E of the City Code.
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
MAYOR
ATTEST:
CITY CLERK
day of 12012.
Approved by
,'le 64=z�
CITY ATTORNEY'S ._
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 4/17/2012
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
7�
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City_ g24V
ORDINANCE NO. �-
AN ORDINANCE IRE NDING TITLE 1
PARAGRAPH 14-4 7 TO ESTABLI
BEDROOMS ALLOWITHIN A MUL
ZONES AND IN CERCIAL ZONES
ESTABLISH NEW ENTIAL DEN
LOCATED IN MULTI -FAMI Y ZONES AND
FAMILY USES.
WHEREAS, one of the stat purposes
to avoid undue concentration of p ulation a
compatible and efficient relationshi mong I
WHEREAS, in multi - family zones and in
units, the zoning code currently regula s r
units regardless of the number of bedroo s
WHEREAS, in Downtown Iowa City arX
of Iowa campus, the demand for student re
the City's medium and high density multi
including the central business zones; and
WHEREAS, in the aforementioned n
campus, multi - family dwelling units are ty
bedroom basis rather than on a per -unit b
rentals; and
WHEREAS, the current method of reg la
provides a disincentive to construct s all
amount of land area is required for a be
which has resulted in a market wher only
produced to the exclusion of smaller nits
units that may be attractive to demogr phica
WHEREAS, the lower intensity c mmer
often used as buffers or transition z nes in o
lower density residential areas, including
neighborhoods in the central cor of the cit
the lower intensity commercial ones that
standard in the low density multi amily zone
single family neighborhoods; a
WHEREAS, the Compreh nsive Plan en
types in every neighborhood to provide livi
support a diversity of busin sses in mixed
District that serve a broads ectrum of the to
WHEREAS, establishi g a minimum to
medium and high density multi - family zones
better control of populat' n density, help st
and encourage develop ent of a diversity o
of businesses in the C tral Business Distric
NOW, THEREFO , BE IT ORDAINED
CITY, IOWA:
SECTION I. The Code of Ordinances of
follows:
4, ZONIN , ARTICLES 2B A�r M A
SH THRE AS THE MAXIMUII�-,_ JMiF ,
TI -FAMIL DWELLING UNIT IN MUL**AMIt
THAT A LOW MULTI - FAMILY USES -. lND TO
DENS
FO MULAS FOR MULTI - FAMILY USES
IN COM ERCIAL ZONES THAT ALLOW MULTI-
of the zoning code is to regulate population density
nd ove row of land and to foster a convenient,
and u s; and
com ercial zones that allow multi - family dwelling
eside tial density based on the number of dwelling
per nit; and
in I wa City neighborhoods close to the University
t housing is highest. These areas coincide with
-f ily zones and mixed -use commercial zones,
e ghb rhoods and commercial districts close to
ically esigned, marketed and leased on a per -
sis in re onse to the strong market for short -term
ting density in the aforementioned areas and zones
er multi -fame dwelling units because the same
bed apartme t as for a 3, 4, or 5- bedroom unit,
apartments wit large numbers of bedrooms are
regardless of the nmet demand for smaller rental
Ily- diverse populati s; and
cial zones and the to density multi - family zone are
utlying areas of the Ci and /or in close proximity to
older, more histori single family residential
y, so establishing a resid ntial density standard for
is consistent with the c rent residential density
will provide a more compat le transition to nearby
courages the development of diversity of housing
ng opportunities for all Iowa Ci residents and to
-use commercial zones and the entral Business
wa City population, and
t area per bedroom for multi -fami dwellings in
and in the central business zones 11 provide for
abilize neighborhoods near the Univer 'ty campus,
f housing types and sizes to support a althy mix
t.
BY THE CITY COUNCIL OF THE CITY
the City of Iowa City, Iowa is hereby am
IOWA
a as
A. Amending Table 213-2, Dimensional Requirements for Multi - Family Residential Zones,
deleting the current "Area /Unit" standards for Multi - Family, and substituting the
Ordinance No.
Page 2
following cross - references: "See Table 213-3, Maximum Density Standards for Multi -
Family Dwellings in Multi - Family Zones ".
B. Inserting the following Table 213-3, within Section 14 -213-4, Dimensional Standards,
immediately following Table 213-2.
Table 2B -3: Maximt$'P'Density Standards for Multi-Family Dwellin s in Multi -Famil Zones
Zone
C0.1, CC -2, CN -1 & U
RM -12
RM -20 & RNS -20
RM -44
PRM
2725
Efficiency or
There is no minimum lot area per unit
Area per
Bedroom Unit
1- Bedroom
2,725
1,800
500
435
Minimum Lot Area
nit
Unit
30% of the total number of units on the
per Unit
T o- Bedroom
2 725
1,800
1,000
875
(in square feet)
Uni
Maximum # of bedrooms per
3
3
Thre
Bedro Unit
2725
2,700
1,500
1,315
Maximum # of bedrooms per m ti-
3
3
3
3
family dwelling unit
Notes:' For purposes of the provision within this table, any room that is larger than 7 square feet in size, meets the egress
requirements as specified in the Buildin Code, and is not a typical shared living sp e, such as a living room, dining area, kitchen,
or bathroom may be considered one or re bedrooms, as determined b the Bull n Official.
C. Amending Table 2C -2 ), Dimensional Req Irements for all Commercial Zones,
except the MU Zone, eleting the curren "Area /dwelling unit" standards, and
substituting the following ross- reference: ee Table 2C -2(c), Maximum Density
Standards for Multi - Family ellings in Co mercial Zones.
D. Amending Table 2C -2(b), Di ensional
deleting the current "Area /U 't" stand
following cross - reference: See ble 2
Family Dwellings in Commercial V E. Inserting the following Table Standards, immediately following
R uirements for the Mixed Use Zone (MU),
ds for Multi - Family, and substituting the
2(c), Maximum Density Standards for Multi -
as shown below.
c), within Section 14 -2C -4, Dimensional
2C -2(b):
Table 2C-2(c): Maximum Density Standards for Multi-Farly D lin s in Commercial Zones'
Zone
C0.1, CC -2, CN -1 & U
CB-
C113-5 & CB -10
Minimum Lot
Efficiency or 1-
2725
435
There is no minimum lot area per unit
Area per
Bedroom Unit
standard. However, the number of 3-
Two - Bedroom
2725
875
dwelling unit
bedroom units per lot may not exceed
(in square
Unit
30% of the total number of units on the
Three - Bedroom
2725
1,315
feet)
lot.
Unit
Maximum # of bedrooms per
3
3
3
multi-family dwelling unit
Notes: 'For purposes of the provisions withiryllhis table, any room that is larger than 70 s are feet in size, meets the egress
requirements as specified in the Building C de, and is not a typical shared living space, su as a living room, dining area, kitchen,
or bathroom may be considered one or m re bedrooms, as determined b the Buildin Offici .
F. Deleting paragraph 14- 2C -4A -2, and substituting in lieu the of:
2. Standards
Generally, the inimum lot area and width standards for vatDS Cnme
Zones are stat d in Tables 2C -2(a) and 2C -2(b), located at th er d;_f th#sSec 'o�ir .
Most commer ial zones do not have minimum lot size or Te�rem.
However, for mixed commercial /residential buildings, the numbe welling
allowed is b sed on the residential density formulas as stated;i>I >.ab2C?
located at t end of this Section. .• -, c�, j°
G. Deleting su paragraph 14- 4B- 4A -7b., and substituting in lieu thereofi
Ordinance No.
Page 3
b. Maximum Density
The residential density standards for Multi - Family Uses in Commercial Zones
are stated in Table 2C -2(c) located in Section 14 C-4, Dimensional
Requirements.
SECTION k NONCONFORMING RIGHTS GRANTED. he number of bedrooms per unit
and the maxim residential density, as determined by a Building Official, based on the
applicable regula ' ns effective April 3, 2012, will be pplied to any development activity
associated with est lishing or constructing a multi -fami use for which a valid building permit
was issued on or I n r to April 3, 2012. Other legal nconforming situations are allowed to
continue in accordance ith the provisions of Article 1 -4E of the City Code.
SECTION III. REP ER. All ordinances and p s of ordinances in conflict with the provi-
sions of this Ordinance are ereby repealed.
SECTION IV. SEVERA LITY. If any section provision or part of the Ordinance shall be
adjudged to be invalid or un6Rnstitutional, such djudication shall not affect the validity of the
Ordinance as a whole or an ti
on, prov' ion or part thereof not adjudged invalid or
unconstitutional.
SECTION V. EFFECTIVE DA . This dinance shall be in effect after its final passage,
approval and publication.
Passed and approved this da f , 2012.
MAYOR Approved by
ATTEST:
CITY CLERK
CITY ATTORNEY'S OFFICE
7d
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 5A, OFF - STREET PARKING
AND LOADING STANDARDS, TO INCREASE THE NUMBER OF REQUIRED PARKING
SPACES FOR CERTAIN MULTI - FAMILY DWELLING UNITS WHEN LOCATED WITHIN A
DESIGNATED UNIVERSITY IMPACT AREA (UTA).
WHEREAS, the minimum parking standards specified in the zoning code are intended to
ensure that enough off - street parking is provided to accommodate the demand for parking
generated by the range of uses that might locate at a site over time, particularly in areas where
sufficient on- street parking is not available;
WHEREAS, in multi - family zones and in commercial zones that allow multi - family dwelling
units, the minimum parking requirement for 3- bedroom multi - family dwelling units is 2 parking
spaces; and
WHEREAS, in denser areas of the City close to downtown and the University of Iowa
campus, on- street parking spaces are in high demand from residents, visitors, and commuters;
and
WHEREAS, in denser areas of the City close to the University of Iowa campus, there is a
significant demand from college students for multi - family dwelling units;
WHEREAS, the parking demand for this large population of unrelated college students
within these central neighborhoods is typically higher than the parking demand for 3- bedroom
housing units in outlying areas;
WHEREAS, due to a higher parking demand for on- street and off - street parking spaces that
is causing nuisance issues in the central areas of the city closest to the University of Iowa
campus, it is reasonable to increase the parking requirements in this area, so that at least one
off - street parking space is provided for every bedroom within multi - family dwellings.
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 5A -1, Minimum Parking Requirements in the CB -5 and CB -10 Zones,
indicating that for 3- bedroom Multi - Family Dwelling Units in the CB -5 Zone the parking
requirement is 3 spaces per unit; and
B. Amending Table 5A -1, Minimum Parking Requirements in the CB -5 and CB -10 Zones,
indicating that for 3- bedroom Multi - Family Dwelling Units in the CB -10 Zone built on or
after January 1, 2009 that the parking requirement for 3- bedroom units is 3 spaces per
dwelling unit;
C. Amending Table 5A -2, Minimum Parking Requirements for all zones, except the CB -5
and CB -10 Zones, in the rows that specify parking requirements for Multi- Family
Dwellings in all zones, including the row for the PRM Zone, insert the words, "In the
University Impact Area: 1 space per bedroom (see Map 2B.1 in Article 14 -2B)."
D. Inserting the following map, labeled Map 2B.1, into Section 14 -213-6, Multi- Family Site
Development Standards, immediately following the Central Planning District Map:
Ordinance No.
Page 2
SECTION H. NONCONFORMING RIGHTS GRANTED. The number of parking spaces
required for a multi - family use, as determined by the Building Official, based on the applicable
regulations effective April 3, 2012, will be applied to any development activity associated with
establishing or constructing a multi - family use for which a valid building permit was issued on or
prior to April 3, 2012. Other legal nonconforming situations are allowed to continue in
accordance with the provisions of Article 144E of the City Code.
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 3
ZOT07:
ATTEST:
CITY CLERK
Approved by
CITY ATTORNEY'S OFFICE y13� y
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 4/17/2012
Vote forpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dobyns.
NAYS: Dickens. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
7k
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE JA, OFF - STREET PARKING
AND LOADING ST NDARDS, TO INCREASE THE NU OF REQUIRED PARKING
SPACES FOR CER IN MULTI - FAMILY DWELLING UNITS HEN LOCATED WITHIN A
DESIGNATED UNIVE ITY IMPACT AREA (UTA).
WHEREAS, the min um parking standards specified in he zoning code are intended to
ensure that enough off-s eet parking is provided to acco modate the demand for parking
generated by the range of es that might locate at a site o er time, particularly in areas where
sufficient on- street parking is of available;
WHEREAS, in multi - family ones and in commercial ones that allow multi - family dwelling
units, the minimum parking requ ement for 3- bedroom ulti- family dwelling units is 2 parking
spaces; and
WHEREAS, in denser areas o he City close t downtown and the University of Iowa
campus, on- street parking spaces are ' high deman from residents, visitors, and commuters;
and
WHEREAS, in denser areas of the C close
significant demand from college students fo ulti-
WHEREAS, the parking demand for thi la
within these central neighborhoods is typically c
housing units in outlying areas;
WHEREAS, due to a higher parking dema d f
is causing nuisance issues in the central eas
campus, it is reasonable to increase the p king r
the University of Iowa campus, there is a
mily dwelling units;
e population of unrelated college students
ier than the parking demand for 3- bedroom
on- street and off - street parking spaces that
the city closest to the University of Iowa
' ements in this area, so that at least one
off - street parking space is provided for eve bedroom N'thin ulti - family dwe llings.
NOW, THEREFORE, BE IT ORDAIN D BY THE UNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinan s of the City City, Iowa is hereby amended as
follows:
A. Amending Table 5A -1, Mi imum Parking Requireme sin the CB -5 and CB -10 Zones,
indicating that for 3 -bedr om Multi - Family Dwelling Un s in the CB -5 Zone the parking
requirement is 3 space per unit; and
B. Amending Table 5A-1 Minimum Parking Requirements i the CB -5 and CB -10 Zones,
indicating that for 3- droom Multi - Family Dwelling Units i the CB -10 Zone built on or
after Ja/a2 20 that the parking requirement for 3 -be oom units is 3 spaces per
dwellin
C. Amend A -2, Minimum Parking Requirements for all ones, except the CB -5
and Cs, in the rows that specify parking require ents for Multi - Family
Dwellinzones, including the row for the PRM Zone, ins rt the words, "In the
Universt Area: 1 space per bedroom (see Map 2B.1 in Art le 14 -2B)."
D. Insertinlowing map, labeled Map 213.1, into Section 14 -2B- Multi - Family Site
Develoandards, immediately following the Central Planning istrict Map:
�J
_ C'9
t -Tj
y�
Ordinance No.
Page 2
111
UNIM"IMI-Mmm us!
MMM
N
� M VM
HE
VM
am
,MMM
rWARM
rat
JC
41VERSITY NNPACT AREA
M
SECTION II. NONCONFORMING /RIGHTS GRANTED. The number of parking spaces
required for a multi - family use, as det rmined by the Building fficial, based on the applicable
regulations effective April 3, 2012/yrepealed.
w' I be applied to any devel ment activity associated with
establishing or constructing amily use for which a valid b 'Iding permit was issued on or
prior to April 3, 2012. Oth nonconforming situations re allowed to continue in
accordance with the provisioncle 14 -4E of the City Code.
SECTION III. REPEALERinances and parts of ordinance in conflict with the provi-
sions of this Ordinance are he
SECTION IV. SEVERABI any section, provision or part of a Ordinance shall be
adjudged to be invalid or u onstitutional, such adjudication shall not a ct the valiy of the
Ordinance as a whole or any section, provision or part thereof not cadged valid or
unconstitutional. -_ ,:: -w, _
SECTION V. EFFE IVE DATE. This Ordinance shall be in effect afte 9ZfinaTbpassafi
approval and publicatio
Passed and appro d this day of , 2012.w
CO
U4-1 M�
7e
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 , 2012.
MAYOR
ATTEST:
CITY CLERK
Approved by
&U&t- 4d�
City Attorney's Office 3' I y /(2—
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 4/3/2012
Voteforpassage: AYES: Dobyns, Hayek, Mims, Throgmorton, Champion. NAYS:
Dickens. ABSENT: Payne.
Second Consideration 4/17/2012
Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dobyns, Hayek.
NAYS: Dickens. ABSENT: None.
Date published
Good evening,
At the planning and zoning meetings, there seemed to be some confusion amongst the
commission members as to how these 3 proposals that you are considering would actually
affect the economics of development. There were some comments made that "oh, we all know
that development will still continue, we are just changing the size of the bedrooms being put in
the buildings." Well I put some numbers together to try to give you a better grasp of the extent
of the density reduction that these proposals will result in for any development:
Table 1 is a corner lot 80'x150' analyzed for 3 different zones (RNS -20, RM-44, and PRM),
showing the most economical use of the lot under the current code vs. the proposed code
(assuming all three changes that are being proposed are approved).
Table 1: 80'x150' corner lot
12000 s.f.
7e,
Current code (bedrooms) Proposed Code (bedrooms) % bedroom reduction
RNS-20 1800 sf /unit = 6 units
17 parking spaces 5 -4brms 1 -3brm 6 -2brms
23 12 48%
RM-" 1000 sf /unit =12 units
17 parking spaces 7 -3brms 2 -2brms 8 -2brms 1 -lbrm
25 17 32%
PRM 875 sf /unit =13 units
17 parking spaces 8 -3brms 1 -2brm 8 -2brms 1 -1brm
26 17 35%
As you can see the RNS 20 zone has a 48% reduction in density, and the RM44 and PRM zones
have a 32% and 35% reduction in density as well.
I also looked at a few other lot sizes that have different parking space abilities, to try to get a
better feel for how this would affect all development. Table 2 is an 80'x150' interior lot and
Table 3 is a 112'x160' corner lot.
C1
fV
>�#
��r
Table 2: 80'x150' interior lot
12000 s.f.
Current code (bedrooms)
Proposed Code (bedrooms)
% bedroom reduction
RNS -20
1800 sf /unit = 6 units
26 parking spaces
6 -4brms
6 -2brms
24
12
50%
RM-44
1000 sf /unit =12 units
26 parking spaces
7 -4brms 2 -3brms 1 -1 brm
12 -2brms
35
24
31%
PRM
875 sf /unit =13 units
26 parking spaces
7 -4brms 2 -3brms 1 -1 brm
13 -2brms
35
26
26%
Table 3: 112'x160' corner lot
17920 s.f.
Current code (bedrooms)
Proposed Code (bedrooms)
% bedroom reduction .
RNS -20
1800 sf /unit = 9 units
40 parking spaces
9 -4brms
9 -2brms
36
18
50%
RM-44
1000 sf /unit =19 units
40 parking spaces
16 -3brms 2 -2brms
18 -2brms
52
38
27%
PRM
875 sf /unit = 22 units
40 parking spaces
18 -3brms 4 -2brms
20 -2brms
62
40
35%
As you can see the RNS20 zone is effectively reduced by 50% density, and the RM44 and PRM
zones are reduced 30% to 40% in density. I've also heard discussions from the staff akqut this
process not being a downzoning, as these proposals are actually increasing thq�pumbiec'% of units
you can put on a property. There is a big difference between number of units; "rah Crj
number o`
bedrooms. This can be very misleading as the number of people that you caoave in-a
ru
building, is being greatly reduced as is shown in these tables.
CO
I ask that you take some time to verify these numbers, or even ask staff to verify them, as a 30-
50% reduction in density is a very big deal to property owners.
What to these numbers mean to developers? This will effectively kill the majority of
development. I don't think that was your intent as a council to do so, as I know that one of
your goals as a council is to encourage development. Staff maintains that this will not impeded
development, but I know that it will. Take the project that I was proposing on the corner of
Burlington and Governor Street for example. This is the first example shown in Table #1 in the
RNS -20 zone. The building that I was going to build would have had 23 bedrooms and would
have been assessed at $1.5 million. The 12 bedroom building, that I would be able to build if
you pass these proposals, would be assessed at $780 thousand dollars. After factoring in the
differing construction cost to build each building, as the smaller building would cost less to
build, my net loss as a property owner, is $500,000 for this one property. If I am only allowed
to build 12 bedrooms on this site, the cost to build a new building would cost more than what it
would be worth by over $100,000. 1 don't know very many people that will be willing to do any
development to lose money. This is exactly why I can guarantee to you that these proposals
will effectively kill the majority of development. If you would like me to go further into these
number I would be glad to provide you additional information, but I think I will be over your
time limit if I keep rambling.
Secondly, if you look at the board of regents' webpage, they project continued enrollment
increases of 1% to 2% for the years to come. What I think will happen from these changes is
that development will severely slow down, and as demand for housing continues to go up,
rents will be forced to go up (simple supply and demand economics). As rents go up, all the 3
bedroom houses in the neighborhoods a little ways from downtown, that you are trying to
stabilize, will begin to make sense again for investors to begin converting into 3 bedroom
rentals again. We will be right back where we were in 2005 before the first attempt to
downzone was implemented. This is exactly the opposite effect of what I believe you want to
incur with these changes.
The next issue you need to consider with these changes are the tax consequences. As I'm sure
the council is aware, the conversion of Coops last year will reduce the collected taxes next year
by $700k (that was the number I got from the assessor's office). There is potential for this
number to be 3 -4 times this amount if all properties that could convert do. This amount will
need to be paid by someone and it will have to be spread over all the taxable parcels irLtown.
C.7
There are 4 projects in the downtown area, with plans submitted to the buildin &epaq�nent, --
which will be eliminated or greatly reduced in size if these proposals pass. I cakyI#ed i
$200k /yr. loss in taxable income from these 4 projects alone. This is one of the�s "o yowtoo
increase your taxable base in a very large way, as the effects of these changes over the next 5
to 10 years will add up to a large amount of money.
I don't want to be up here just telling you reasons on why these proposals will not be in the
best interest of the city, without giving you some options that I think will be a better solution to
stabilizing the neighborhoods. 1 propose that you draw up maps of the neighborhoods that
you want to stabilize and protect, similar to the current conservation district maps in the code
book, and enact these changes to those areas, and those areas alone. The way these changes
are written now, they go into effect city wide and will have a negative economic impact on
many owners that are no way close to the neighborhoods that you are trying to protect. Also,
additional incentives should be put into place to allow for more 1 and 2 bedrooms to help make
up for the 30 -50% reduction of density and loss of property values. This would allow for some
development to continue in these zones instead of just stopping all development in these
neighborhood areas.
So please consider some of these other proposals you have heard here tonight, and don't just
vote yes, because you feel that something needs to be done. Let's get it right, this time, so that
future councils don't' have to deal with these same issues in 5 to 10 years.
Thank you for your time.
Mark Holtkamp
319 - 5941062
Iv.
cta
-04-117-12 ti
7f
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12-
00004)
ORDINANCE NO.
ORDINANCE DESIGNATING 1.25 -ACRES OF LAND LOCATED AT 108 MCLEAN STREET AS AN
IOWA CITY HISTORIC LANDMARK (REZ12- 00004)
WHEREAS, the owner, Parish Apartment LLC, has requested a rezoning of property located at 108
McLean Street to designate the property as an Iowa City Historic Landmark; and
WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the
building located on the property and has determined that it meets the requirements for designation as an
Iowa City Historic Landmark; and
WHEREAS, at a public hearing on March 9, 2012 the Historic Preservation Commission recommending
approval of the subject property as an Iowa City Historic Landmark; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning to designate
the subject property as an Iowa City Historic Landmark: and
WHEREAS, the Planning and Zoning Commission found the proposed designation complies with the
Comprehensive Plan policies that encourage the protection of historic properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby designated as an Iowa City Historic
Landmark:
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 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
Irw et
City Attorney's Office -
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 4/3/2012
Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Throgmorton, Champion.
NAYS': None. ABSENT: Payne.
Second Consideration 4/17/2012
Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Date published
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 Intemational (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.
B. Deleting footnote 6 in Table 2C -2(a), Dimensional Requirements for all Commercial
Zones, except the MU Zone, and substituting in lieu thereof:
6Maximum FAR is 10, except for lots with an approved FAR bonus. For lots with
.approved FAR bonuses, the FAR may be increased up to a maximum of 15.
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
Ordinance No.
Page 2
unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
2012.
Approved by
/�ac c� ��,ca-- �Uwt12TU
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 4/17/2012
Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
City of Iowa City 7a
MEMORANDUM
Date: April 11, 2012
To: City Council
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
The final reading of a zoning code amendment related to a floor area bonus for Class A
office space was scheduled for your April 17 meeting. However, staff recommends that
an additional change be made to the zoning ordinance to allow the proposed bonus
provision to achieve its intended purpose.
The proposed amendment as currently drafted would allow the City to grant a floor area
bonus in the Central Business (CB -10) Zone, 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 a building beyond the base floor area ratio allowed
in the CB -10 Zone.
In drafting the amendment to the zoning code, however, staff overlooked a footnote in
Table 2C -2(a), Dimensional Requirements for all Commercial Zones, which establishes
an upper limit on the FAR that can be granted through bonus provisions. This footnote
states that for lots with approved FAR bonuses, the FAR may be increased up to a
maximum of 12. Staff recommends that this footnote be amended to allow flexibility for
the City to grant a floor area bonus for Class A office space beyond an FAR of 12. For
instance, the developer of the proposed building at 114 S. Dubuque Street intends to
use this bonus provision to add three additional residential floors as a bonus for the 3
floors of Class A office space that will be constructed on the 2nd 3rd, and 4th floors of the
building. In this particular instance, the floor area ratio of the proposed building would be
between 14 and 15. If the footnote to Table 2C -2(a) is not amended, the building as
presented to Council will not be possible. Therefore, staff recommends amending the
footnote to read as follows and recommends allowing the City to grant bonus floor area
up to a maximum of 15.
s Maximum FAR is 10, except for lots with an approved FAR bonus.
For lots with approved FAR bonuses, the FAR may be increased up to
a maximum of 15.
Since this amended footnote was not included in the original draft, the City Attorney
advises that Council consider the proposed amendment with this additional
recommended change as a first consideration vote at your meeting on April 17.
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, SUBSECT N 14- 2C -8Q, BONUS
PROVISIONS, ADDING A FLOOR AREA BONUS FOR CO STRUCTING CLASS A
OFFICE SPACE N UPPER FLOORS WITHIN A MULT STORY BUILDING IN A
CENTRAL BUSINE S (CB -10) ZONE.
WHEREAS, the C tral Business District is intended to be the high density, compact,
pedestrian- oriented shop ing, office, service and entertainme t area in Iowa City; and
WHEREAS, there is desire to maintain and supp a market for a wide variety of
businesses in the downtow to ensure the long term econ is health of the downtown; and
WHEREAS, one of the primary economic develo ent goals of the City is to attract
businesses that will provide hl h quality jobs;
WHEREAS, construction o Class A office space i the Central Business District will help to
attract businesses that provide ' h quality jobs.
NOW, THEREFORE, BE IT RDAINED BY T CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordin nces of the ity of Iowa City, Iowa is hereby amended as
follows:
A. Amending Table 2C-4, Bon4 Proylsions, by adding the following bonus provision that
would apply in the CB -10 Zoe s indicated below (the remainder of said table shall
remain unchanged):
Table 2C-4a Bonus Provision
Public Benefit
Bonus Allowed
CB -10 Zone
Provision of Class A office space o floors above th
Up to 2 sq. ft. of floor area for every 1 sq. ft. of
ground -level floor of the building. T qualify for this
Class A office space provided on floors above
bonus, only non - residential uses hall be allowed in
the ground -level floor of the building.
the Class A office space.
As defined by the Building O ers and Managers
Association International (B MA), Class A Office
Space is space that is of a uality that is attractive for
premier office users with r nts above average for the
area. Class A Office Buil ngs have high quality
standard finishes, state f the art systems, exceptional
accessibility and a defi ite market presence.
sions of this Ordinan
adjudged to be i
Ordinance as a
unconstitutional.
F
�ALER. All ordinances and parts of ordin\no conflict with the provi-
are hereby repealed.
ERABILITY. If any section, provision or e Ordinance shall be
or unconstitutional, such adjudication shect the validity of the
or any section, provision or part th adjudged invalid or
CTIVE DATE. This Ordinance shall be in effect after its final passage
approval and publication.
Passed and approved this day of
2012.
Ordinance No.
Page 2
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS:
First Consideration 3/20/2012
Vote for passage: AYES: Do
NAYS: None. ABSENT: Ha
Second Consideration
Vote for passage: AYES: Dobyns , E
NAYS: None. ABSE Payne.
Date published
m
Hayek
Mims
Payne
Throgmorton
that the
Mims, Payne, Throgmorton, Champion, Dickens.
, Mims ,Throgmorton,Champion,Dickens.
M- 3
'7_11-112
15
Prepared by: Brian Boelk, Engineering, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5437
ORDINANCE NO. 12 -4475
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 17t1day of April 20 12
MAYOR ^�
ATTEST:
CITY RK
Ap roved by
City Attorney's Office
pweng/ ord /stormwater- feeincreasefy1 3.doc
Ordinance No. 12 -4475
Page 2
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS: ABSENT:
First Consideration
Vote for passage:
NAYS: None.
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
3/20/2012
AYES: Throgmorton, Champion, Dickens, Dobyns, Mims, Payne.
ABSENT: Hayek.
Second Consideration 4/3/2012
Voteforpassage: AYES: Mims, Throgmorton, Champion, Dickens, Dobyns, Hayek.
NAYS: None. ABSNET: Payne.
Date published 4/26/2012
W9 16
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
ORDINANCE NO. 12 -4476
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF
PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL
USE OF SIDEWALKS," TO ALLOW SIDEWALK CAFES AGREEMENTS TO BE
APPROVED ADMINISTRATIVELY AND TO DECREASE THE ALLEY SETBACK.
WHEREAS, the process for approval of sidewalk cafes has become quite routine since the ordinance
was adopted in 1995;
WHEREAS, it is appropriate for staff to enter into the right of way easement agreements for sidewalk
cafes without the need for Council approval;
WHEREAS, cafes are currently required to be located no closer than ten feet (10') to an alley;
WHEREAS, safety will not be lessened if the setback is decreased to two feet (2') as long as fencing
material is less than twenty percent (20 %) solid; 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 1, entitled "Definitions," is amended by deleting the definition of "sidewalk cafe" and
adding the following new definition:
Sidewalk CaW An outdoor area located temporarily on a public right of way, pursuant to an
agreement, contiguous with any side of a building wherein a restaurant is located and where food and
beverages are taken for consumption by persons sitting or standing at tables in that area.
2. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 3, entitled "Use for Sidewalk Caf6s," Subsection B, entitled "Usable Sidewalk Caf6
Area," is amended by adding the following new sentence at the end of Paragraph 2:
However, a caf6 may be located between two feet (2') and ten feet (10) from an alley if the fencing
located within ten feet (10') is a type that is less than twenty percent (20 %) solid.
3. 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 amended by deleting the first sentence of Paragraph 5 and substituting the following new
sentence in lieu thereof:
A sidewalk cafe may encompass or utilize an elevated planter, including a planter that is not directly in
front of the establishment to which it is connected, if the applicant demonstrates to the satisfaction of City
Manager, or designee, that the proposed cafe meets the following criteria.
4. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 3, entitled "Use for Sidewalk Caf6s," Subsection E, entitled "Sidewalk Cafe Easement
Agreement," is amended by deleting Paragraphs 2 -4 and substituting the following new Paragraphs 2 and
3 in lieu thereof.
E2. The City Manager, or designee, shall either grant or deny the application within thirty (30) days of
the application being filed. If the application is granted, the City Manager, or designee, is authorized to
enter into a public right of way easement agreement. If the application is denied, the applicant may
appeal to the City Council by filing a written appeal with the City Council, and the appeals process shall
be the same as provide for mobile vendors in this chapter.
E3. Even after execution of a public right of way easement agreement, the City Manager, or designee,
shall retain the right to terminate the easement agreement but only after written notice of violation has
been given and the time to cure the violation has expired. Grounds for termination of the easement
agreement shall include, but not be limited to, repeated violations of the state and liquor control laws,
violations of the easement agreement, and creating a safety hazard, health hazard and /or public nuisance
under state or local law. Additionally, the City Manager, or designee, retains the right to terminate the
easement agreement and direct removal of sidewalk cafe operations if there is a substantial and
reasonable need for use of the public right of way for a valid public purpose. The caf6 owner has the right
to appeal a decision to terminate the agreement to the City Council. The appeals process shall be the
same as provided for mobile vendors in this chapter.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Ordinance No. 12 -4476
Page 2
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 17th day of April , 2012.
MAYOR ^�
ATTEST: . ism
1556ERK
Approved by
City Attorney's Office
Ordinance No. 12 -4476
Page 3
It was moved by Mims and seconded by Champion that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
X_
X
X_
x
x
x
X
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 4/3/2012
Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims.
NAYS: None. ABSENT: Payne.
Second Consideration --------------- -
Vote for passage:
Date published 4/26/2012
Moved by Mims, 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, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
17
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN
RIGHTS," CHAPTER 4, ENTITLED "ENFORCEMENT," TO PROVIDE THAT THE
HUMAN RIGHTS OFFICE MAKE THE PROBABLE CAUSE DETERMINATION.
WHEREAS, the City Code presently provides that the Human Rights Office investigates the complaint
and makes a recommendation of probable cause to the City Attorney, who makes the probable cause
determination;
WHEREAS, it is more appropriate for the Human Rights Office to make the probable cause
determination because the Human Rights Office interviews the parties and witnesses and is better able to
determine credibility;
WHEREAS, it is more efficient if the Human Rights Office make the determination because it
eliminates a second layer of administrative review; and
WHEREAS, it is in the best interest of the City to provide that the Human Rights Office to make the
probable cause determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled
"Investigation of Complaints; Predetermination Settlement," is amended by deleting Subsections D, E, G,
and I, and substituting the following new Subsections D, E, G, and I in lieu thereof:
D. After reviewing materials responsive to the questionnaire /document request, the human rights
office shall determine whether the complaint warrants further investigation. If the human rights office finds
there is a reasonable possibility of a probable cause determination or the legal issues present in the
complaint need further development, the human rights office shall promptly resume the investigation of
the complaint. A complaint determined by the human rights office not to warrant further processing by the
human rights office shall be administratively closed. Notice of such closure shall be promptly served upon
the complainant and the respondent by certified mail. Service is effective upon mailing. Such notice shall
state the reasons for administrative closure.
E. A complainant may object to the administrative closure within ten (10) days of service by filing a written
request for review that states the basis for the objection. If a complainant makes a timely written request
for review of the administrative closure, the human rights office shall promptly review the complainant's
request and all relevant material. If, after review by the human rights office, it is determined that the
complaint does not warrant further processing, the human rights office shall close the file and notify the
complainant and respondent of the final decision of administrative closure. If, after review, the human
rights office determines that there is a reasonable possibility of a probable cause determination or the
legal issues presented in the complaint need further development, the allegations will be investigated
further.
G. Upon completion of the investigation, the human rights office shall issue a written investigative
summary and recommendation as to whether probable cause exists that the person charged in the
complaint has committed a discriminatory practice.
I. Any time after a complaint is filed under this title, but before the human rights office issues a probable
cause determination, the human rights office may seek a disposition of the complaint through a
predetermination settlement.
2. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled "Investigation
of Complaints; Predetermination Settlement," is amended by deleting Subsection H in its entirety.
3. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 3, entitled "Proceedings
on Complaints; Probable Cause," Subsections A, B, and C are amended by deleting them in their entirety
and substituting the following new Subsections A, B, and C in lieu thereof:
A. If the human rights office finds that probable cause exists regarding the allegations of the complaint,
the human rights office shall notify the complainant and the respondent of the finding. The human rights
office shall promptly endeavor to eliminate the discriminatory or unfair practice by conference, conciliation
and persuasion.
B. If the human rights office finds that no probable cause exists, the human rights office shall issue a
written finding dismissing the complaint and notifying the parties of the complainant's right to appeal the
finding. Notice of the no probable cause determination shall be promptly mailed to the complainant and to
the respondent by certified mail. Service is effective upon mailing.
C. A complainant may object to the finding of no probable cause within ten (10) days of service by filing a
written request for review that states the basis for the objection. If a complainant makes a timely written
request for review of the finding, the human rights office shall hear the complainant's evidence within
thirty (30) days of the request for review. If no probable cause is again the finding after further review by
the human rights office, the human rights office shall notify the complainant in writing of the decision, and
shall close the file. If the human rights office finds probable cause after review, the human rights office
shall proceed with efforts to eliminate the discriminatory or unfair practice by conference, conciliation and
persuasion.
4. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 10, entitled "Civil
Action Elected- Housing," Subsection B, Paragraph 2b is amended by deleting it in its entirety and
substituting the following new Subsection B, Paragraph 2b in lieu thereof:
An aggrieved person shall not file an action under this section with respect to an alleged
discriminatory housing or real estate practice that forms the basis of a probable cause determination
issued by the human rights office if the commission has begun a hearing on the record under this chapter
with respect to the charge.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 2012.
MAYOR
ATTEST:
CITY CLERK
Approved bk.:.,
c,
City Attorney's Office
2
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 4/
Vote for passage:
Dickens. NAYS:
Second Consideration _
Vote for passage:
Date published
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
17/2012
AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
None. ABSENT: None.