HomeMy WebLinkAbout2012-05-01 Ordinance6a
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239
ORDINANCE NO.
AN ORDINANCE VACATING AND CONVEYING TO THE UNIVERSITY OF IOWA A PORTION OF
THE MELROSE PLACE RIGHT -OF -WAY LOCATED ADJACENT TO LOTS 1 -8, MELROSE PLACE,
IOWA CITY, IOWA.
WHEREAS, the applicant, The University of Iowa Board of Regents, owns certain contiguous lots
surrounding the Melrose Place cul -de -sac, upon which there are presently located single family homes; and
WHEREAS, the University desires to construct a surface parking lot over and across these lots, as well
as over and across a portion of the Melrose Place right -of -way in conjunction with its expansion of the
Children's Hospital;
WHEREAS, the University has therefore requested that the City vacate and convey to it that portion of
the Melrose Place street right -of -way located adjacent to its property; and
WHEREAS, that portion required to be vacated will no longer serve its current public purpose if the
University-owned houses are demolished,
WHEREAS, the University has agreed, as consideration for this vacation and conveyance, to grant to
the City a public access easement over the parking lot to provide appropriate traffic circulation for the public
needs associated with the remaining homes along the remaining Melrose Place right -of -way; and
WHEREAS, the University has also agreed to reconstruct the remaining Melrose Place right -of -way,
including the reconstruction the pavement, curb and gutter, a 4 -foot sidewalk, sanitary sewer abandonments
as needed, water main improvements, and stormwater management improvements; and
WHEREAS, the University has further agreed to certain conditions regarding the design, screening, and
lighting of the proposed parking area in order to minimize impacts on the surrounding residential
neighborhood; and
WHEREAS, vehicle access to the parking lot from Melrose Place will be a one -way entry only to mitigate
traffic control concerns at the intersection of Melrose Place and Hawkins Drive; and
WHEREAS, it is in the City's interest to vacate and dispose of public right -of -way, or portions thereof, that
are no longer.necessary for public access, and
WHEREAS, the Planning and Zoning Commission recommended vacation of a portion of this right -of-
way subject to conditions mentioned above; and
WHEREAS, on May 1, 2012, the City Council adopted a Resolution of intent to consider the proposed
vacation and conveyance of this property, authorizing the publication of public notice of said proposal, and
setting the date and time for public hearing; and
WHEREAS, following public hearing on the proposed vacation and conveyance, the City Council hereby
finds that it is in the public interest to vacate and convey this property to the University of Iowa without
compensation, in exchange for the performance of certain site improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION AND CONVEYANCE. The City of Iowa City hereby vacates and conveys to the
University of Iowa, that portion of the Melrose Place street right -of -way shown on the attached Vacation
Exhibit and legally described as follows:
PART OF THE MELROSE PLACE RIGHT -OF -WAY AND THE PUBLIC RIGHT -OF -WAY
ADJACENT TO LOTS 6 AND 7 FROM SAID MELROSE PLACE RIGHT -OF -WAY TO THE IOWA
INTERSTATE RAILROAD (FORMERLY C.R.I. &P. R.R.) AS DEFINED BY THE FINAL PLAT OF
MELROSE PLACE, JOHNSON COUNTY, IOWA RECORDED IN BOOK 4, PAGE 292, PLAT
RECORDS OF JOHNSON COUNTY, IOWA FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7; THENCE N89 °14'43 "E ALONG
THE SOUTH LINE OF LOT 8 OF SAID MELROSE PLACE, 10.00 FEET TO THE SOUTHEAST
Ordinance No.
Page 2
CORNER OF SAID LOT 8; THENCE NO3 °19'15 "W ALONG THE EAST LINE OF SAID LOT 8,
59.02 FEET; THENCE N86 °40'45 "E, 30.00 FEET; THENCE NO3 °19'15 "W ALONG A LINE
PARALLEL AND 30.00 FEET DISTANT TO THE WEST RIGHT -OF -WAY LINE OF MELROSE
PLACE, 193.10 FEET; THENCE N89 °32'47 "E, 20.03 FEET TO THE NORTHWEST CORNER OF
LOT 1 OF SAID MELROSE PLACE; THENCE S03 °19'15 "E ALONG THE WEST LINE OF LOTS 1,
2, 3, AND 4 OF SAID MELROSE PLACE, 253.36 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 4; THENCE N89 °14'43 "E ALONG THE SOUTH LINE OF SAID LOT 4, 10.00 FEET TO
THE NORTHWEST CORNER OF LOT 5 OF SAID MELROSE PLACE; THENCE S03 °19'21 "E
ALONG THE WEST LINE OF SAID LOT 5, 60.00 FEET TO THE NORTHEAST CORNER OF SAID
LOT 6; THENCE S89 °14'50 "W ALONG THE NORTH LINE OF SAID LOT 6, 56.09 FEET TO THE
SOUTHEASTERLY LINE OF SAID PUBLIC RIGHT -OF -WAY; THENCE S43 °1 8'02 "W ALONG
SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 86.54 FEET TO THE NORTHEASTERLY
RIGHT -OF -WAY LINE OF SAID IOWA INTERSTATE RAILROAD; THENCE N49 °45'32 "W ALONG
SAID NORTHEASTERLY RIGHT -OF -WAY LINE, 10.01 FEET TO THE NORTHWESTERLY
RIGHT -OF -WAY LINE OF SAID PUBLIC RIGHT -OF -WAY; THENCE N43 °18'02 "E ALONG SAID
NORTHWESTERLY RIGHT -OF -WAY LINE, 77.40 FEET TO THE SOUTHEAST CORNER OF
SAID LOT 7; THENCE NO3 °22'12 "W ALONG THE EAST LINE OF SAID LOT 7, 60.00 FEET TO
THE POINT OF BEGINNING CONTAINING 0.27 ACRES (11,876 SQ.FT.) MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS AND RESTRICTIONS OF RECORD.
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.
SECTION V. RECORDING AND EFFECT. This Ordinance shall be recorded and shall have the effect of
conveying the above - described land to the University of Iowa pursuant to Iowa Code Section 354.23.
SECTION IV. CONSIDERATION. This vacation and conveyance is being made in consideration for the
University of Iowa performing the following:
1. Granting to the public an access easement from the remaining Melrose Place right -of -way across
the proposed parking lot to the parking lot's Melrose Avenue access point east of Melrose Place,
although said easement rights shall not vest until completion of the parking lot;
2. Maintenance of a ten (10') setback, construction of a solid fence or wall, and installation of S3
screening, as defined by the Iowa City Code of Ordinances, along the eastern boundary of the
proposed parking lot;
3. Substantial compliance with the City's parking lot design standards, as set forth in the Iowa City
Code of Ordinances, with final site plan to be approved by the Director of Planning and Community
Development, which will not be unreasonably withheld;
4. Reconstruction of the remaining Melrose Place right -of -way. Said reconstruction shall consist of
installation of new pavement, pavement, curb and gutter, a 4 -foot sidewalk along the west side of
Melrose Place, sanitary sewer abandonments as needed, water main improvements, and
stormwater management improvements;
5. Installation of a gate that allows traffic to enter the proposed parking lot from Melrose Place, but not
exit, so that all cars entering the parking lot must exit from the Melrose Avenue access point east of
Melrose Place;
Passed and approved this day of 2012.
MAYOR: Matthew J. Hayek
ATTEST:
CITY CLERK
Approved by �" �L /,��
�,/r/ A�Iwoa_I fG kl e
Ciry rno ey'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 5/1/2012
Vote for passage: AYES: Dickens, Hayek, Mims, Payne, Champion. NAYS: Dobyns,
Throgmorton. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
n
00
N
N
E
a
r`
O
If!
M
O
N
N
I
N
P
V
c
E
d
N
O
W
rn
3
pN
O
N
U
1—
F E
anl7 -• n.
N
VACATION EXHIBIT
Prepared by R- Rodney 10en Anderson -Bogert Engineers & Surveyors, Inc.
4001 River Ridge Dr. N.E. Cedar Rapids, Iowa 52402 0 60
NOTES;
1. DISTANCES ARE IN FEET AND
DECIMALS THEREOF.
Z BEARINGS HEREON ARE BLED
UPON IOWA STATE PLANE HAD S3
SOUTH TONE.
CITY OF IOWA Ott
01C2 6
,0J
I
`- - -- - - - - --
_L=gI DeecrigWon
PART OF THE MELROSE PUCE RIGHT -OF -WAY AND THE PUBLIC
PROPOSED
RERR -OF -WAY ADJACENT TO LOTS 6 AND 7 FROM SAID
R.O.W. VACATE]
LOT 9
Section Line —
RA6AOAO (FORMERLY r-R.LBP. R.RI) AS DEFINED BY THE FINAL
NB8'40 "45"f
PUT OF MELROSE PUCE. JOHNS COUNTY. IOWA RECORDED
30.00'1
MR BOOK 4, PAGE 292, PUT RECORDS OF JOHNSON COUNTY,
IOWA R1nn R DESCRIBED AS FOLLOWS;
FNO REBAR /2 "�
I
09'32'471£
I
LOT 8
I
=
N09''I4
�OC7�
F,� N
--
OF SAID LOT a;
P.O.B.
I
I
�•
I
O$
z
LOT 7
1
I
TOTAL AREA
0.27 ACRES
(11,876 SO.FT.)
LOT 5
FIND Y11/1
j`BDLo• \
\ \
LOT 6 N49'45'3 I
10.01'
\ FND 5/8" IR I
ti------ - - - - -- —
Legend
_L=gI DeecrigWon
PART OF THE MELROSE PUCE RIGHT -OF -WAY AND THE PUBLIC
Boundary Una
RERR -OF -WAY ADJACENT TO LOTS 6 AND 7 FROM SAID
Adjoining Lot Line - — — —
MaAGSE PLACE RGHT -OF' -WAY TO THE IOWA INTERSTATE
Section Line —
RA6AOAO (FORMERLY r-R.LBP. R.RI) AS DEFINED BY THE FINAL
Building Setback Una • • • • • . • •
PUT OF MELROSE PUCE. JOHNS COUNTY. IOWA RECORDED
3/8" IR
MR BOOK 4, PAGE 292, PUT RECORDS OF JOHNSON COUNTY,
IOWA R1nn R DESCRIBED AS FOLLOWS;
Found 5 /B" Rebor
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7;
09'32'471£
Q
20.03•
THENCE NBr14'43"E ALONG THE SOUTH LINE OF LOT a OF
SAID MELROSE PLACE. 10.00 FEET To THE SOUTHEAST CORNER
--
OF SAID LOT a;
Set Section /Quarter Comer
THENCE N0T19'15'W ALONG THE FAST UNE OF SAID LOT a.
Found Section /Quarter Corner
59.02 FEET;
Measured
THENCE NBC40'45"E, 30.00 FEET;
LOT 1
THENCE NOY19'151W ALONG A LINE PARALLEL AND 30.00 FEET
DISTANT TO THE WEST RIGHT -OF -WAY LINE OF MCAOSE PUCE,
193.10 FEET,
THENCE NB9.32'47'E, 20.03 FEET TO THE NORTHWEST CORNER
OF LOT 1 OF SAID MELROSE PUCE;
• — — — — — —
-- THENCE S03'19'15"E ALONG THE WEST UNE OF LOTS 1, 2, 3,
AND 4 OF SAID MELROSE PLACE, 25336 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 4;
THENCE NBVW43"E ALONG THE SOUTH LINE OF 5110 LOT 4,
10.00 FEET TO THE NORTHWEST CORNER OF LOT 5 OF SAID
4
n LOT 2
MELROSE PLACE;
THENCE SOT19'21'E HONG THE WEST LINE OF SAID LOT 5.
=
50.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 6;
THENCE UNE OF 6.
6.9 FEETrTO THE SUDS PUBLIC
- — _
— '-
— RIGHT -OF -WAY;
"�Jp
P " 29
THENCE S43'I8'02'W ALONG SAID SOUTHEASTERLY
QG•
RIGHT -OF -WAY LANE. 6634 FEET TO THE NORDEASTERLY
LOT 3
�'M -OF-WAY LANE OF SAID IOWA INTERSTATE RAILROAD;
THENCE N4745'32W ALONG SNO NORTHEASTERLY
RIGHT -OF -WAY LINE. 10.01 FEET TO THE NORTHWESTERLY
RIGHT -OF -WAY UNE OF SAID PUBLIC RIGHT -OF -WAY;
THENCE N4T18'02"E ALONG SOD NORTHWESTERLY
— — — — — —
- RIGHT -OF -WAY LINE, 77.40 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 7;
THENCE NOT22'12'W ALONG THE EAST LANE OF SAID LOT 7,
80.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.27
LOT 4
ACRES (11,076 SO.Fr.) MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS AND RESTRICTIONS OF
N09'14'43"E
RECORD.
TOTAL AREA
0.27 ACRES
(11,876 SO.FT.)
LOT 5
FIND Y11/1
j`BDLo• \
\ \
LOT 6 N49'45'3 I
10.01'
\ FND 5/8" IR I
ti------ - - - - -- —
Legend
Boundary Una
Adjoining Lot Line - — — —
— — — — -
Section Line —
—
Building Setback Una • • • • • . • •
....... . ..... .
Found Iron Pipe (Unless Noted)
0
Found 5 /B" Rebor
w /Red Cap %16546
Q
Set %N30" Rebor
w /Orange Cap #18646
0
Set Section /Quarter Comer
Found Section /Quarter Corner
A
Measured
(M)
Recorded
(R)
LVl:Al1ViV MAY
6b
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 (CIA) 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 (CIA) 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 111. 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: ICCIL � to
CITY CLERK City Attorney's Office r.
ylr�,
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 4/17/2012
Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration 5/1/2012
- -- - - - - -
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Date published
6c
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 __NNN.,N■
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLES 26 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 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: Maximum Density Standards for Multi - Family Dwellings in Multi - Family Zones'
Zone
CO -1, CC -2, CN -1 & MU
C13-2
CB -5 & CB -10
Minimum Lot
Zone
RM -12
RM -20 & RNS -20
RM -44
PRM
Bedroom Unit
Efficiency or
standard. However, the number of 3-
Two - Bedroom
2725
875
1- Bedroom
2,725
1,800
500
435
Minimum Lot Area
Unit
Three - Bedroom
2725
1,315
feet)
per Unit
Two - Bedroom
2 725
1,800
1,000
875
(in square feet)
Unit
3
3
multi-family dwelling unit
Three-
Bedroom Unit
2,725
2,700
1,500
1,315
Maximum # of bedrooms per multi-
3
family dwelling unit
3
3
3
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-Family Dwellings in Commercial Zones,
Zone
CO -1, CC -2, CN -1 & MU
C13-2
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 74A -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- 413- 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 day of )2012.
MAYOR
ATTEST:
CITY CLERK
Approved by
CITY ATTORNEY'S OFFICE
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 4/17/2012
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Second Consideration 5/1/2012
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dobyns.
NAYS: Dickens. ABSENT: None.
Date published
r
. ®r CITY OF IOWA CITY �5�
s- 4woHfi L. MEMORANDUM
Date: April 26, 2012
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Response to the KBA regarding proposed Zoning Code amendments related to
Neighborhood Stabilization
The initial memo attaches is the initial response to the amendments presented at the April 17
meeting and staff is attempting to meet with the Association prior to our Tuesday meeting.
r
CITY OF IOWA CITY
MEMORANDUM
Date: April 25, 2012
To: Tom Markus, City Manager
From: Karen Howard, Associate Planner
Re: Response to HBA regarding proposed Zoning Code amendments related to
Neighborhood Stabilization
Introduction: The Greater Iowa City Area Home Builders Association (HBA) submitted written
comments to the City Council during the public hearing regarding the proposed zoning code
amendments establishing new residential density standards for multi - family dwellings in certain
zones and increasing the number of parking spaces required for 3- bedroom apartments in the
designated University Impact Area (UTA). The City Council requested staff to provide a response
to the changes suggested by the HBA to inform their discussion at the work session on May 1.
Background(History: Following is a response to the suggestions submitted by the HBA.
HBA suggests excluding the Central Business District from any of the changes proposed.
Staff response: Staff is unsure why the HBA proposes excluding the Central Business
District from the ordinance amendments. However, it appears that they may not
understand that there is currently no limit on the density of residential development in the
CB -5 and CB -10 Zones. Given that the Central Business District is directly adjacent to
the main campus of the University of Iowa, there is considerable demand for student
housing in the area. The only changes currently proposed for the Central Business
District (CB -10) and the Central Business Support (CB -5) Zones are to limit 3- bedroom
apartments to no more than 30% of the total number of units on a lot and to increase the
parking requirement for 3- bedroom units to 3 parking spaces per unit. The intent is to
diversify the mix of residents living in the downtown area in order to maintain a healthy
mix of commercial businesses, civic institutions, and cultural, recreational, and
entertainment venues in the downtown area.
HBA suggests deleting the 20% cap on 3- bedroom units in the RM -12 Zone and in other lower
intensity commercial zones.
Staff response: Staff and the Planning and Zoning Commission agree with the HBA.
The Low Density Multi- Family Zone already has a density standard that is fairly
compatible with lower density single family areas, so no changes are proposed. Staff
believes that the HBA was responding to an earlier draft that was revised before it was
even sent to the Planning and Zoning Commission. Similarly, there are no changes
proposed to the Community Commercial (CC -2) and Commercial Office (CO -1) zones,
both of which have the same density standard as the RM -12 Zone. These zones are
often located in close proximity to single family areas and therefore the allowed density
is set at a compatible level. To be consistent, Staff and the Planning and Zoning
Commission are recommending lowering the residential density allowed in the other two
lower intensity commercial zones that are often located in proximity to single family
neighborhoods, the Neighborhood Commercial (CN -1) and the Mixed Use (MU) Zones.
If adopted, the standard in the CNA and the MU Zones would be the same as allowed in
the RM -12, CC -2, and CO -1 Zones.
April 26, 2012
Page 2
HBA suggests only increasing the square footage requirements for 3- bedroom units in the UTA
rather than in all areas of the city.
Staff response: There has been a concern expressed about inadvertently creating an
incentive to build high density student apartments in outlying areas. The City fields
inquiries regularly from student housing developers that want to build large student
apartment complexes in outlying areas of the city. These inquiries generally follow the
same pattern; the developer wants at least RM -20 zoning or higher and wants to build
large units containing three to five bedrooms per unit. Creating different standards in
outlying areas that would allow greater densities than what could be achieved in the
central part of the city would create an incentive to build student apartment complexes in
areas distant from the university campus, which would increase vehicle miles travelled
and further exacerbate parking congestion in central neighborhoods. Therefore, staff
does not recommend making this change. However, as mentioned during the hearings,
to address the demand for student housing we are exploring new zoning options for high
density private dormitories in locations close to the University campus in areas with good
access to public transit.
HBA suggests adding the densitv bonus for efficiency and one - bedroom units but maintain the
current standard for 3- bedroom units.
Staff response: Multi- family dwelling units close to the University campus are designed,
priced, marketed, and often leased on a per bedroom basis. It makes sense to establish
residential density formulas based on a per- bedroom basis versus a per -unit basis.
Otherwise, the market will continue to produce more large units than small units.
HBA suggests only increasing parking requirements for residential zones located in the UTA but
not any commercial zones.
Staff response: Almost all of the commercial zones in the city allow residential
apartments. Given that there is no limit on residential density in the Central Business
Zones, the highest residential densities (often 100+ units per acre) are achieved in these
commercial zones. Excluding commercial zones from the UTA would be directly counter
to the intent of the proposals being made.
Discussion of Solutions: Staff does not recommend making changes to the proposed
amendments recommended for approval by the Planning and Zoning Commission.
Representatives from the HBA attended the Planning and Zoning Commission meetings and
their suggestions received a full hearing. The amendments were drafted based on input both
from developers and from those interested in stabilizing central neighborhoods. As explained in
email correspondence from staff to the HBA and during the Planning and Zoning Commission
meetings, a concerted effort has been made to strategically address the market imbalance
created by the current density, occupancy, and parking standards in the zoning code due to the
high demand for university student apartments, while also addressing the demand for
apartments from singles, retirees, and families both in the central neighborhoods and in outlying
areas.
Please note, if the Council decides to make any material and substantive change to the
amendments recommended by the Planning and Zoning Commission, they may need to consult
with the Planning and Zoning Commission, as determined by the City Attorney.
q 74-
CITY OF IOWA CITY
MEMORANDUM
Date:
April 25, 2012
To:
City Council
From:
Robert Miklo, Senior Planner
Re:
Code Amendment Protest Petitions
Petitions were submitted to the City Council protesting the zoning amendments establishing the
maximum number of bedrooms and establishing new density formulas for multi - family dwellings,
and establishing new parking requirements within the University Impact Area. Tallies of the
petitions are located below. The petitions did not meet the minimum 20% area threshold
necessary to require a super- majority vote to approve the proposed the amendments. Maps of
the properties represented by the petitions are attached.
Petitions protesting the maximum number of bedrooms and establishing new density formulas:
Zone
Acres
20%
Protest Total
Protest %
RM44
176 acres
35.2 acres
2.2 acres
1.25%
PRM
46 acres
9.2 acres
0.3 acres
0.67%
RNS20
84 acres
16.8 acres
4.5 acres
5.36%
Col
208 acres
41.6 acres
.47 acres
0.23%
Petition protesting increased parking requirements:
University Impact Area
20%
Protest Total
Protest %
1,222 acres
244.5 acres
14.8 acres
1.21%
rq
f �vo
p b05C
N
HIL N01SNµ
Q "V BI
a
u,
i=
a
U
Is
d
u
A 15 ON3a
a 5
$ 1S a3IN3
C_
O
G: J J
I+
C k
FA F
Y1 $
w E �
+a O N t €¢xp
m
3�
O
V1 W ^s
C 3nOn9nQ -:.
m
U
a
a`
3Atl Nwade
v� vi
3Atl NVMOOVW
3Atl NOSNI HO1nH
3Atl Zfl WiONIX31p
is
Is
H1L 2 a _ ¢ 3Atl
3Atl o 3SOa1NO VDU a '� 10 3931100 050P 15 i Na09aV30
1130N
`'�Opag na
3Atl M3Itl3 -
1J ° i o o> O Gee4 NN
Bdyw Brancn z 15 1NVa0
z
]AV S Satld m -o¢ Sc�in z [� d M0113d
yid 30 Mola!
3 z is p 3Atl ONVINVO
a z 1BV3d o s o `OO 15
i ✓' ax a
z 15
3 a a
S ddtll 2 is U Natl10 vWSi is /
is
w
NOSNHOO
�nB
NV
8
-
IS N3anS NVA
L Bill
u
15 390
w
(A liv)
�
1
�
o
G y
G
0_
N3an0 t
m
NNII
N�
C
1S [a NMI
ta38
a
3
x
3non8
0
is
onE ^a
w
K
a0 (~il
N
U O
oU
IS
NO1N'l
IOnB
a
N i
3
�
¢o
10116tl0
¢¢°
Is
w
z�
0
CL n
n
m
L L
>
a
IOSIOtlW
is
OSIOVW
3
'<
a
o
iNOa3
w
`o
�Q
v�3
zo
J
umnl
SNINMVH
' 0
%� 3
\-
is � 6tl9
on a
a
<
3
n
u
15 390
Ol
C
O N
�
n
CL -O
O
01
Ls a31SE
G y
G
15
N3an0 t
C
ta38
N3a
a
c
� N
m
0
U O
O
N N
O
N
IOnB
a
N i
3
i
0
NO1N
¢¢°
G
0
CL n
n
L L
i avi
v
0
a a
ima
a
c
w
O��
N G
O N
N
N ti
ea Nne1
0
H01W
, '
31 W
Gl
O
\
O
0 N
A
N O
7
R
$ N
7
)d
d C
C
°woo
DIDa
�
9
\
C
�
�
�Et•
'•
�
Fll 61Rg1 R @
YF£4A
M
m m m
N N O
"3
• A
8
xumwsa Arc
a
O
f0 N Q
YeLA 1K YYFR
/
WW.VM1
/.YiY
O Or
ti rF
� � 0'
AKn p HmSIN AK
Yrm M
u�
as ^�
gg y
] O
Q to
MO O' D
( gg1MJR
R
N
a
nrei
YMSPI R
m°i
m
a
o
o
2N
tr
awF
mewl[
x 7
N
1!p R
�
T •
b
D
— � YTwFx
u n
m N
O
U9
maxr n
y
y
y
vii 7
usoi n
1C"S
��
� � n
i�
mfE
i��`!�
S4S4 iSiS
•
rcM
.f� mZ
si
YM9
�
R ���L WUS
y
R W : •n
:
•
n
��
.%
RMIIX R
m`.*1W ST
'
m
R
n
n
ti VMI�
M9NOTn
mYWT
EV�
R p}
n i
R dllFl R{
R
i MT n
I Sf ■
p
ii
n W11N
T R
�
r
pI.T na
R
y
a6
S
3
R
CSouthGatp
C O M P A N I E S
DEVELOPMENT • CONSTRUCTION
HOMES • PROPERTY MANAGEMENT
April 24, 2012
Mayor Hayek and Iowa City Council Members
410 East Washington Street
Iowa City, Iowa 52240
Re: Maximum Number of Bedrooms Allowed Ordinance
Council Members:
I did not have an opportunity to speak at the April 17 public hearing but wanted to provide you
with some information I feel is important while you consider adoption of this proposal. I have
participated in most, if not all, of the public speaking opportunities concerning this subject. I
agree with the concerns expressed by most of the public that have spoken and feel this
ordinance is warranted, but not in its present form.
The proposal in front of you not only deals with the omission of four and five bedroom
apartment units, it also changes the current density requirements and caps the total number of
three bedroom units in certain zones. In all of the conversations I have listened to, I never
heard any individual mention that three bedroom units were a problem or concern. In crafting
this proposal, the city staff has determined two bedrooms as the norm. If you look at the graph
showing the number of units built between 1996 -2012 the staff presented at the public
hearing, you will see that there is a minimal difference between two and three bedroom units
built. We own, maintain and manage several hundred three bedroom units. Our complexes do
not get complaints of parties or random parking problems. 1 am sure there are many more
owners /managers that experience the same as we do. If the majority of three bedroom
complexes are not problematic, why are they now subject to change?
If you were to build a four unit structure in one of these zones you would not be allowed any
three bedroom units. You would exceed the 20% maximum. If this structure were a townhome
for sale, it would not be the most desirable on the market. Customarily the end units are three
bedroom units. The center units are usually two bedroom units due to the difficulty in achieving
the required light and egress requirements.
755 MORMON TREK BLVD I P.O. BOX 1907 1 IOWA CITY, IA 52244 -1907 1 319.337.4195 1 SOUTHGATECO.COM
I will ask you to consider amending the proposal that is in front of you. I would encourage
reducing the area requirements for one bedroom units as proposed but leaving the area
requirements for two and three bedroom units as they are currently in the zoning code. l would
also strongly recommend you omit the 20% cap language.
I would be more than happy to expand on this issue if you so desire.
Thank you for your consideration to my comments.
Sincerely
Glenn R. Siders
Vice President
SouthGate Development Services
F. James Bradley Kevin C. Popp lL'
Byron G. Riley Laura C. Mueller J
Michael K. Denney TFIE11 Kimberly H. Blankenship (�•
Patrick M. Courtney Joseph W. Younker
Jessica A. Doro
Donald G. Thompson
Kelly R. Baler Jeremy B. P. Hagan
G Natalie K. Ditmars
Gregory J. Sayler
Dean A. Spina BRADLEY & R1LEY PC Adam S. Tarr
Joseph E. Schmall Raymond R. Rinkol Jr.
Bradley Han ATTORNEYS AND COUNSELORS Charles W. Showalter
CEDAR RAPIDS - IOWA CITY
William J. Neppl
William T. McCartan TOWER PLACE
Maureen G. Kenney ON SouTHGnBERTSTREET V(�EBSTfEADDRE www.bradleyriley.com
Vernon P. Squires
IOWA CITY, IA 52240 -3914
Timothy J. Hill EMAIL ADDRESS:
Paul D. Bums TELEPHONE: 319 - 466 -1511 mpugh @bradleyriley.com
Michael J. Pugh FAX: 319 -358 -5560
Janice J. Kerkove ;- .aDIRECT DIAL:
E :'! 319-35&5562
E r.• J
` ry
April 26, 2012 77,
VIA E -MAIL (council ,iowa- city -ora) AND U.S. MAIL --'
Council Members
410 E. Washington Street ;
Iowa City, Iowa, 52240
RE: Proposed Zoning Amendments
Dear Council Members:
I am writing on behalf of the Greater Iowa City Homebuilders Association (the "HBA "). I have
previously served as President of the HBA and currently serve as a Co -Chair of the HBA's
Legislative Committee, together with Mike Bails of Lepic Kroeger Realtors. In addition to my
service to the HBA, I frequently represent real estate developers and investors in general real
estate and land use matters as a part of my private law practice.
The specific purpose of this letter is to address two proposed amendments to the City's zoning
ordinance which, if passed by Council, will have a dramatic impact on building and development
in our community. Those proposed zoning amendments, and the RBA's recommended
modifications to the amendments, are enclosed herewith for your information and use. The
HBA's primary objection to the amendments is the breadth of the proposed residential density
formulas for multi - family dwellings that will be applicable to our entire city.
It is a worthwhile endeavor for the City Council to look at ways to stabilize neighborhoods that
are impacted by multi - family housing. The HBA understands the importance of stabilizing those
residential neighborhoods that are significantly impacted by student housing, particularly those
neighborhoods immediately east and north of our Central Business District.
➢ it makes good sense to stabilize certain existing residential neighborhoods
➢ it makes good sense to preserve the character of these neighborhoods
it makes good sense to promote long term residents who are committed to their homes
{01218308.DOC}
BRADLEY & RILEY PC
April 26, 2012
Page 2
➢ it makes good sense to promote safe, stable and quiet neighborhoods
All of these are worthwhile goals that should be supported by the community as a whole..
However, as a City Council I encourage you to take a 10,000 foot view of our community. Iowa
City is a community of 67,000 + people. A natural tension exists between stabilizing these older
residential neighborhoods and the sound planning policy of encouraging denser development
near the downtown area and the University campus. As the city staff has pointed out on
numerous occasions, encouraging higher density development near the Central Business District
is one of the guiding principles of our Comprehensive Plan.
The HBA is supportive of sustainable development that encourages density and diversity:
➢ we want to encourage growth near downtown to promote walkability.
➢ for denser developments, good location and planning requires choosing a site that i) has
access to transportation, employment, education and services; ii)reduces the demand for
automobiles; and iii) takes advantage of existing infrastructure.
➢ compact projects prevent sprawl by reducing the amount of land used to achieve
development.
smart developments provide access to multiple transportation options, public and
recreational opportunities and brings education, employment, housing and services together in
close proximity.
One issue that Iowa City has that is unique to other university communities is that the University
campus is intermingled with the Central Business District. If the goal of the University Impact
Area is to stabilize older neighborhoods, there is an inherent competing interest with Vgnting to
promote denser development near the downtown area. These are issues that should bddressed
thoughtfully with the goal of preserving the principals of the City's Compreh �e Pan. l
_a
How you navigate your way through these competing tensions is critical.'
In the Commercial Office and Central Business Zones (CB -2, CB -5, CB -10), kdfi4rp�e of
these zones is for high density mixed uses, including residential. Under the ne proposals th
is only a slightly marginal difference in the density requirements of the multi - family roidential
zones — which is of primary concern to the near north neighborhood, and the density `-���
requirements of the CB -2 Zone. There is a compelling argument to reduce density in those
residential neighborhoods that are significantly impacted by student multi - family housing that
doesn't exist for property zoned principally for commercial purposes.
These proposed zoning amendments, as drafted, represent a broad downzoning (approximately
33 %) for multi - family dwellings throughout the entire City. If you apply the new proposed
square foot requirements to a 20,000 square foot building lot you will be able to build about 1/3
less bedroom units. This puts pressure on the outlier neighborhoods, such as Goosetown,
Dueyville, Manville Heights and Longfellow. Although it is true under the proposed
amendments that approximately the same amount of lot area would be needed per bedroom
regardless of the size of units, that is only after increasing the square foot requirements by
(01218308.DOC)
BRADLEY & RILEY PC
April 26, 2012
Page 3
approximately 1/3. It is difficult to reconcile being in favor of the proposed zoning amendments
and also be ,against urban sprawl.
One unintended consequence of a broad city wide downzoning is that it will have the effect of
reducing property values throughout our community. A current CB -2 zoned property that will
now be developed with 2 /3rds of the existing density will, in theory, be reduced by the
corresponding 1/3 reduction in value. As property values are driven downward, so will the
property tax revenue that is generated from these properties.
These new zoning proposals also have the potential of increasing the cost of housing in Iowa
City. Although the HBA understands wanting to incentivize developers to construct more one
bedroom apartments, the square foot cost of constructing a one bedroom apartment is much
greater than constructing a two or three bedroom apartment, due to the fixed costs of each
dwelling, such as'HVAC, bathrooms, kitchens, etc. In addition, increasing the number of
parking spaces decreases building footprints and tends to drive up building costs.
The HBA's proposed modifications to the zoning amendments are based on the following
principals:
➢ New density requirements should apply only to residential, not commercial zones.
➢ New density requirements should be limited to the University Impact Area.
➢ The University Impact Area should be narrowly defined and exclude the Central Business
District.
➢ The HBA is in agreement with incentivizing the construction of one bedroom apartments.
Knee jerk legislative reactions to specific projects rarely produce favorable outcomes. The HBA
respectfully request that the City Council take a hard look at the size of the University Impact
Area and how that fits within our Comprehensive Plan and other sound planning principles.
Retaining denser development in the Central Business District and other commercial zones is
one method of alleviating high density development in residential areas. We welcome the
opportunity to participate in further discussions with you on these matters.
Thank you for your attention to these important issues and your continued work on behalf of the
City.
Sincerely,
B Y & RILE PC
Mir l J. Pugh
MJP /dab
Enclosures
cc: Tom Markus, City Manager "}
Greater Iowa City Homebuilders Association'
{01218308.DOC}
GREATER IOWA CITY HOMEBUILDERS ASSOCIATION
Recommendations To Proposed Zoning Amendments:
I. AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLES 2B AND
2C, AND PARAGRAPH 14- 4114A -7 TO ESTABLISH THREE AS THE MAXIMUM
NUMBER OF BEDROOMS ALLOWED WITHIN A MULTI- FAMILY DWELLING
UNIT IN THE MULTI- FANIILY ZONES AND IN COMMERCIAL ZONES THAT
ALLOW MULTI -FAMILY DWELLING UNITS AND TO ESTABLISH NEW
RESIDENTIAL DENSITY FORMULAS FOR MULTI- FAMILY USES LOCATED IN
MULTI- FANIILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI-
FAMILY USES.
A. Reduce University Impact Area to exclude the Central Business District.
(That area generally defined as bordered by Burlington Street, Gilbert Street, Market Street and
Madison Street).
B. Table 213-3 Maximum Density Standards for Multi- Family Dwellings in
Multi -Family Zones
1. Keep the bonus density for efficiency and one bedroom units.
Agree with recommended changes.
2. Delete the 20% cap on 3 bedroom units in RM -12 zones.
3. Provided the University Impact Area excludes the Central Business
District (described above in (A)), only increase the square footage requirements for 3 bedroom
units in the University Impact Area.
C. Table 2C -2(c) Maximum Density standards for Multi- Family Dwellings in
Commercial Zones.
Delete the 20% cap on 3 bedroom units.
2. Only change to the square footage requirements should be to
reduce the square footage requirement for Efficiency or 1-Bedroom Units in a CB -2 Zone to
incentivize construction of 1- Bedroom Units.
3. For Efficiency or 1- Bedroom Units, the square footage
requirement should be reduced rather than increased in the CN -1 and MU Zones.
4. In the Commercial Zones, there should be no increase in the square
footage requirements for 2 and 3 bedroom apartments.
{01212101.D0CX}
Pa)
f`e: %l
II. AN ORDINANCE AMENDING TITLE 149 ZONE ARTICLE 4A, OFF -
STREET PAKRING AND LOADING STANDARD, TO INCREASE THE NUMBER OF
REQUIRED PARIUNG SPACES FOR MULTI- FANIILY DWELLING UNITS WHEN
LOCATED WITHIN A DESIGNATE UNIVERSITY IMPACT AREA (UTA)
A. Reduce University Impact Area to exclude the Central Business District.
(That area generally defined as bordered by Burlington Street, Gilbert Street, Market Street and
Madison Street).
B. Only increase parking requirements for residential zones located in the
University Impact Area, as modified by (A) above.
C. Do not increase parking requirements for any commercial zone.
(01212101.DOCX)
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 THE MULTI-
FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY DWELLING
UNITS AND ESTABLISH GRADUATED RESIDENTIAL DENSITY FORMULAS FOR MULTI-
FAMILY DWELLINGS BASED ON THE RELATIVE NUMBER OF BEDROOMS PER
DWELLING UNIT IN MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW
MULTI- FAMILY DWELLING UNITS.
tier
WHEREAS, one of the purposes of the zoning code is, to regulate population density; and
WHEREAS, in multi - family zones and in commercial: zones that allow multi- family dwelling
units, the zoning code currently regulates density "based on' ''the number of dwelling units
regardless of the number of bedrooms per unit; and -'� _.
WHEREAS, this method of regulating densty'° provides an disincentive to construct one -
bedroom dwellings and an incentive to constrdct,three- bedroom dwellingss,,
WHEREAS, the Comprehensive Plan encourages the development'df a diversity of housing
types, and
WHEREAS, a graduated minimum lot area per bedroom for multi- family'*'gllings in multi -
family zones and in commercial zones that allow multi - family dwelling units will provide for better
control of population density and encourage development of ,a diversity of housing types.
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 2B -2, oftnensional' A
deleting the �6�ent t< Upir start
renbes to
i�in s tz;��Au�i -�a it� Zones, �
I . "'Inserting the`followinj table 2B -3', 1h
i immcrlifltcty fr N"ing Tn'kIk2R_7
ments for Multi- Family Residential Zones,
for Multi- Family, and substituting cross -
um Density Standards for Multi- Family
i Section 14 -2BA Dimensional Standards,
Table 2B -3 fi Maximum Density Standards for` Multi-Family Dwellin s in Multi- Family Zones'
Zone „
;ISM -12
RM -20 & RNS -20
RM-44
PRM
'
Efficiency or
1 " -aedom
2,725
1,800
500
435
unit' }'
Two- Bedrooih
2,725
1,800
1,000
875
Minimum Lot Area
Unit
Three-
2,725
per Unit
(in square feet)
Bedroom Unit
Within the University Impact Area
(See Map 28.1), the number of 3-
bedroom units per lot may not
2,700
1,500
1,350
exceed 20% of the total number
of units on the lot,
Maximum # of bedrooms per multi- 3 3 ' 3
family dwelling unit - e—
Notes: 'For purposes of these provisions, any room that is larger than 70 square feet in size, meets the a tessrgquir ents a,% ,
specified in the Building Code, and is not a typical shared living space, such as a living room, dining area, ow, orrwhroom
shall be considered abedroom, as determined by the Building Official. Bedrooms that are of a size ordimN 3ien that4ffih bee ` ii
LL AM
Draft Ordinance No.
Page 2
split into more than one bedroom shall be counted as such, 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 cross - references to a new Table 2C -2(c), Maximum Density Standards
for Multi- Family Dwellings in Commercial Zones, as shown below.
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 cross -
references to the new 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 Densitty Standards for Mufti-Family Hinge in Commercial Zones'
Zone
Co-1 & CC-2
CNA & MU
C13-2
CB -5 & CB -10
Efficiency or 1-
2 725
1,800
435
There is no minimum lot area
Bedroom Unit
per unit standard. However,
the number of 3- bedroom
units per lot may not exceed
Two - Bedroom
2 725
1800
,
1375
Minimum Lot
Unit
20% of the total number of
Three- Bedroom
2,725
Area per
Unit
Within the University Impact
units on the lot.
dwelling unit
Area (See Map 213.1), the
(in square
feet)
number of 3- bedroom units
21700
1,350
per lot may not exceed 20%
of the total number of units
on the lot.
Maximum # of bedrooms per
3
3
3
3=_
multi-family dwelling unit
='
Notes: 'For 'purposes of these provisions, any room that is larger than 70 square feet in size, meets the egreDme wirenims as
specified in the Building Code, and is not a typical shared living space, such as a living room, dining area, kitftw,4r bathroom
shall be considered a bedroom, as determined by the Building Official. Bedrooms that are of a size or dimena,EltOt caR-b easil
split into more than one bedroom shall be counted as such, as determined by the Building Official. ._e r-"-
1
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
and relative number of bedrooms allowed is based on the size of the lot and the zone
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:
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 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
Draft Ordinance No.
Page 3
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 , 2012.
MAYOR Approved by
ATTEST:
CITY CLERK
City Attorney's Office
Q
Ff®.
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 STANDARD, TO INCREASE THE NUMBER OF REQUIRED PARKING
SPACES FOR 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 ,mulb family dwelling units is 2 parking
spaces; and
WHEREAS, in denser areas of the City close t6'downtown and the University of Iowa
campus, on- street parking spaces are in high derhaI nd from residents, visitors, and commuters;
and
WHEREAS, in denser areas of the City close to the University of'Iq\va campus, there is a
significant demand from college students for multifamily dwelling units;
WHEREAS, the parking demand for this lai je population of unrelated college students
within these central neighborhoods, is typically higher #tan'th'e parking demand for 3-bedroom
housing units in outlying areas; ' `'
NOW, THEREFORE, BE IT ORDAINED;BY THE .7711'000NCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION 1. The Code of Ordinan*e -of the Clty.of Iowa 'City, Iowa is hereby amended as
follows:
A. Amending Table 5A-1' Parking Requirements in the CB -5 and CB -10 Zones,
indicating that for 3- bedroom MAI- F'afnily Dwelling Units in the CB -5 the parking
requirements id 3 spaces;per unit; and
B. Amending Tabl+s §A-1, Minlrr U Parking: Requirements in the CB -5 and CB -10 Zones,
iff�ii fdd that far bUIldihgs`bi ` qn ,or after (the effective date of this ordinance) that the
per'cing'tietluiremerit t6o- bedro66units 10 spaces per dwelling unit;
C. Amending Table,5A- 2,` +IVlirtimum Park1hg Requirements for all zones, except the CB -5
and CB -10 Zorls,. in the_ rgws that specify parking requirements for Multi - Family
Dwellings in all zones, including the PRM Zone, insert the words, "In the University
Impact Area: 1 space per bedroom (see Map 28.1 in Article 14 -2B)."
D. Inserting the following jnap, labeled Map 213.1, into Section 14 -2B -6, Multi - Family Site
Development Standards, immediately following the Central Planning District Map:
r-..3
�aamaa
__. %
Crg y
Draft Ordinance No,
Page 2
SECTION Ill. 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 PATE. 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
r�
City Attorney's
-- -t-:
ti �
-,
ii
v
1
F. James Bradley
Byron G. Riley
Michael K. Denney
Patrick M. Courtney
Donald G. Thompson
Kelly R. Baler
Gregory J. Seyfer
Dean A. Spina
Joseph E. Schmall
Bradley G. Hart
William J. Neppl
William T. McCartan
Maureen G. Kenney
Vernon P. Squires
Timothy J. Hill
Paul D. Bums
Michael J. Pugh
Janice J. Kerkove
April 30, 2012
BRADLEY & RILEY PC
ATTORNEYS AND COUNSELORS
CEDAR RAPIDS - IOWA CITY
ToWER PLAcE
ONE SOUTH GILBERT STREET
IOWA CITY, IA 52240.3914
TELEPHONE: 319 - 466 -1511
FAX: 319 - 358-5560
VIA E -MAIL (council ,iowa- city.org) AND U.S. MAIL
Council Members
410 E. Washington Street
Iowa City, Iowa, 52240
RE: Proposed Zoning Amendments
Dear Council Members:
Kevin C. Papp
Laura C. Mueller
Kimberly H. Blankenship
Joseph W. Younker
Jessica A. Doro
Jeremy B. P. Hagan
Natalie K. Ditmars
Adam S. Tarr
Raymond R. Rinkol Jr.
Charles W. Showalter
WEBSITE ADDRESS:
"v.bradlevrilev.com
E- WL ADDRESS:
mpugh @bradleyriley.com
Based on our meeting with City Staff last Friday afternoon, the Greater Iowa City Homebuilders
Association ( "HBA ") is revising its recommended modifications to the attached proposed zoning
amendments. Please see the attached for your information and review.
To achieve neighborhood stabilization in the City's residential zones, both ordinances should be
limited to a narrowly defined University Impact Area which, at a minimum, should exclude the
Central Business District and Commercial Zones.
Your careful attention to these matters is appreciated.
Sincerely,
XL BY & Y C
Michael J. Pugh
MJP /dab
Enclosures
cc: Tom Markus, City Manager
Greater Iowa City Homebuilders Association
{01218890.DOC}
'y DIRECT DIAL:
319 - 3585562
i
-T
Based on our meeting with City Staff last Friday afternoon, the Greater Iowa City Homebuilders
Association ( "HBA ") is revising its recommended modifications to the attached proposed zoning
amendments. Please see the attached for your information and review.
To achieve neighborhood stabilization in the City's residential zones, both ordinances should be
limited to a narrowly defined University Impact Area which, at a minimum, should exclude the
Central Business District and Commercial Zones.
Your careful attention to these matters is appreciated.
Sincerely,
XL BY & Y C
Michael J. Pugh
MJP /dab
Enclosures
cc: Tom Markus, City Manager
Greater Iowa City Homebuilders Association
{01218890.DOC}
GREATER IOWA CITY HOMEBUILDERS ASSOCIATION
Recommendations To Proposed Zoning Amendments:
Revised April 27, 2012
I. 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 THE MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT
ALLOW MULTI-FAMILY DWELLING UNITS 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.
A. Reduce University Impact Area to exclude the Central Business District.
(That area generally defined as bordered by Burlington Street, Gilbert Street, Market Street and
Madison Street).
B. Table 2B -3 Maximum Density Standards for Multi- Family Dwellings in
Multi - Family Zones
1. Keep the bonus density for efficiency and one bedroom units. We
agree with recommended changes.
2. Provided the University Impact Area excludes the Central Business
District (described above in (A)), this ordinance should only be applicable to the University
Impact Area.
C. Table 2C -2(c) Maximum Density standards for Multi- Family Dwellings in
Commercial Zones.
1. Delete the 30% cap on 3 bedroom units in high density CB -5 and
CB -10 Zones.
2. Only change to the square footage requirements should be to
reduce the square footage requirement for Efficiency or 1- Bedroom Units in a CN -1, MU and
CB -2 Zones to incentivize construction of 1- Bedroom Units.
3. In the Commercial Zones, there should be no inc e ftr the squu
footage requirements for 2 and 3 bedroom apartments. s ll =;
'!
{01212101.DOCX}
H. AN ORDINANCE AMENDING TITLE 14, ZONE ARTICLE 4A, OFF -
STREET PARKING AND LOADING STANDARD, TO INCREASE THE NUMBER OF
REQUIRED PARKING SPACES FOR MULTI - FAMILY DWELLING UNITS WHEN
LOCATED WITHIN A DESIGNATE UNIVERSITY IMPACT AREA (UTA)
A. Reduce University Impact Area to exclude the Central Business District.
(That area generally defined as bordered by Burlington Street, Gilbert Street, Market Street and
Madison Street).
B. Only increase parking requirements for residential zones located in the
University Impact Area, as modified by (A) above.
C. Do not increase parking requirements for any commercial zone.
(01212I01.l OCX)
r.._a
(01212I01.l OCX)
"IMMM"
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 Cr
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLES 213 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 Centrausiness
District that serve a broad spectrum of the Iowa City population, and ^'
WHEREAS, establishing a minimum lot area per bedroom for multi - dvnellindsilm
medium and high density multi - family zones and in the central business zo =ill#ovide-4or
better control of population density, help stabilize neighborhoods near the U?wersitp carrVus,
and encoura9e development of a diversity of housing types and sizes to suppt j a hgalthy rix
of businesses in the Central Business District. 4,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH0_-eITMF 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 2B -3, within Section 14 -213-4, Dimensional Standards,
immediately following Table 213-2.
Table 28-3: Maximum Dens' Standards for Multi-Family Dwell[ gs in Multi-Family Zones'
Zone
RM-12
RM-20 b RNS-20
RM-44
PRM
Efficiency or 1-
Efficiency or
435
There is no minimum lot area per unit
Bedroom Unit
1- Bedroom
2,725
1,800
500
435
Minimum Lot Area
Unit
Unit
Two - Bedroom
2,725
1,800
1,000
875
per Unit
(in square feet)
Unit
Maximum # of bedrooms per
Three-
2,725
2,700
1,500
1,315
`
Bedroom Unit
'
or bathroom may be considered one or more bedrooms as determined by the Building Official.
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 hying 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 followings Table 2G -2(b):
Table 2C-2W: : Maximum Dens Standards for Muld -Family Dwellin s In Commercial Zones'
Zone
CO-1, CC-2, CN -18 MU
C13-2
CB-5 & CB-10
Minimum Lot
Efficiency or 1-
2725
435
There is no minimum lot area per unit
Bedroom Unit
standard. However, the number of 3-
Area per
dwelling unit
bedroom units per may not exceed
Two - Bedroom
2725
875
Unit
30% of the total number of unipt# the
(in square
feet)
tot.
Three- Bedroom
2725
1,315_
Unit
Maximum # of bedrooms per
3
3
3 1
mull faml dwellin unit
`
Notes: 'For purposes of the provisions within this table, any room that is larger than 70 square feet in size, n"§_ijje egns
requirements as specified in the Building Code, and is not a typical shared living space, such as living room -� ' area, kitcher�-
a
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 14-4134A-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 14-4E 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 , 2012.
MAYOR
ATTEST:
CITY CLERK
Approved by
y
CITY ATTOROFFICE
3 /�-g /rte
r.,
-z
Ordinance No.
Page _
It was moved by and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 4/17/2012
Vote for passage: AYES. Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
CD
6d
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE SA, 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 213.1 in Article 1428)."
D. Inserting the following map, labeled Map 213.1, into Section 14 -2ER, MulS47amily Site
Development Standards, immediately following the Central Planni6g D[strU. Map ,! ri
Ordinance No.
Page 2
SECTION H. NONCONFORMING RIGHTS GRANTED. The number of parking spaces
required for a mufti- 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 14-4E of the City Code.
SECTION Ill. 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�grdina4p shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect-the v dity of- e
Ordinance as a whole or any section, provision or part thereof not idjudgetO invaWor
unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect afWi final passage,
approval and publication.
Passed and approved this day of , 2012. r
,..i 3
Ordinance. No.
page 3
MAYOR
ATTEST:_
CITY CLERK
Approved by
crry ATTORNEYS OFFICE.,//3r//;,,
YV
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 4/17/2012
Vote for passage: AYES: Hayek, Mims, Phyne, Throgmarton, Champion, Dobyns.
NAYS: Dickens. ABSENT: None.
Second Consideration
Vote for passage:
Date published
r-.) Wl�
6d
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 PRIM Zone, insert the words, "In the
University Impact Area: 1 space per bedroom (see Map 213.1 in Article 14 -2B)."
D. Inserting the following map, labeled Map 213.1, into Section 14 -26 -6, Multi - Family Site
Development Standards, immediately following the Central Planning District Map:
Ordinance No.
Page 2
SECTION II. 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
MAYOR
ATTEST:
CITY CLERK
Approved by
CITY ATTORNEY'S OFFICE
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 4/17/2012
Vote forpassage: AYES: Hayek, Mims, Pb.yne, Throgmorton, Champion, Dobyns.
NAYS: Dickens. ABSENT: None.
Second Consideration 5/1/2012
Voteforpassage: AYES: Mims, Payne, Champion, Dobyns, Hayek. NAYS: Dickens,
Throgmorton. ABSENT: None.
Date published
M13
6e
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 12 -4477
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:
.Ordinance No. 12 -4477
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 Il. 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 1st day of May , 2012.
ATTEST:
CITY 6MRK
Approved by
City Attorney's Office ;S
Ordinance No. 12 -4477
Page 3
It was moved by Dobyns 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 4/3/2012
Vote for passage: AYES: Dobyns, Hayek, Mims,
Dickens. ABSENT: Payne.
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Throgmorton, Champion. NAYS:
Second Consideration 4/17/2012
Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dobyns, Hayek.
NAYS: Dickens. ABSENT: None.
Date published 5/10/2012
To: City Council
Item: SUB12 -00004 and SUB12 -00005
Peninsula 3d and 4t' Additions
GENERAL INFORMATION:
GENERAL INFORMATION:
Applicant:
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
60 -Day Limitation Period:
BACKGROUND INFORMATION:
STAFF REPORT
Prepared by: Robert Miklo
Date: May 1, 2012
Peninsula Development Company
1088 Foster Road
Iowa City, IA 52245
Patrick Stewart
319 887 1000
Final plat approval
Development of 42 residential lots
(24 lots in 3`d Addition & 18 lots in 4t'
Addition)
Foster Road
Third Addition 9.31 acres
Fourth Addition 8.06 acres
Undeveloped OPD -5
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
April 16, 2012
June 15, 2012
On April 3rd the City Council approved the amendments to Planned Development Overlay (OPD)
plan and preliminary plat for The Peninsula Neighborhood. The applicant is now seeking
approval of the final plats for The Peninsula Neighborhood Third and Fourth Additions.
2
ANALYSIS:
The final plats are in general conformance with the approved preliminary plat and the subdivision
regulations. Construction plans are being reviewed by the City Engineer. The City Attorney's
Office is reviewing the legal papers. It is anticipated that staff will approve these documents prior
to the May 1 City Council meeting.
STAFF RECOMMENDATION:
Staff recommends that SUB12 -00004 the final plat of The Peninsula Neighborhood Third
Addition, a 24 -lot 9.31 -acre residential subdivision located on Walker Circle and Willenbrock
Circle and SUB12 -00004 the final plat of the Peninsula Neighborhood Fourth Addition, an 18-
lot, 8.06 -acre residential subdivision located on Foster Road be approved provided that legal
papers and construction drawings have been approved.
ATTACHMENTS:
1. Location Maps
2. Final Plats
Approved by:
NN
Jeff Davidson, Director,
Department of Planning and Community Development
PCD \Staff Reports \sub12 - 0000485 pen..doc
P
-aj(-N-1 z13HS
0
Nl W ,
�Q7%
�► Z
1
1
1f
1
•i
CD
c) QJ
)
Cl-
le
d'
O
O
O
N
m
U
U
0
v
-v
c
ro
-a
m
L
U-
O
V
O
W
H
N
LL
CD
c) QJ
)
Cl-
le
d'
O
O
O
N
m
U
U
0
v
-v
c
ro
-a
m
L
U-
O
V
O
W
H
N
I%
Ln
m
1;
i
........... - -- >
_ SAS 1
O
O � Ilk
s�Q �Q7 Off.
66V
fa
J
c o
•% Cie
L
• / %/ J
_ o LL
i
xx
W
F g0 z V � 4�
�H ' d
20Q z e
Q nu'.xouy rr r
:< Z w 2 E aza d
x I
�� lL =Z U19 S F
s
Jill, t t M
I all
>
-- - - - - -- o OZ
6� fir, : •' : � 4 W
-._____________ ___ ______ ___ ___________ _ _ _ _a- Wv) IpppB II
cD
co z
Lu
B
- - - - - -� � ► E t � is ,
it `\r` .,� /� /' / �� g� - - -• -•; -•'� :� �� "� � dd� +'k�TR gi��i���;i���
Zoo r
II n °/� \ gee % C \` <a,;`��;•' . j' gP !- I '6 1
Q J J Q Z i� ) c. �- \ '`/ ! �5d prg�"j ,7►`,_ \'i'---1 -.� r,ri \NW\,0� �rY �"°°® L o'i
LL
s+ zi
LO
cli
Q
O. �\ x
CN
to 4
CNXI
y;" \ �a(fle� ®O s�sM• " \` .; 7t eP� aye
/ —� 1)\i'• /'°!*� f^ 0.i
77
j 1A
SIM
ra' ii y r i
@ � 6
a
:
?.a 6 r$
aEP �p
Q Z
o _
A
Zoo o�
r-
Y
giII gI
$i le
J
�p6
!
W
Wms ZU
MMO U Ng i
}r
rjrjx �
da
13 F
11 H
E F 9AAI0
25U �
4 g w o
{ �Z =vii
y Z
Q g '
I LL pit, s
z :0,
a o fill As
W
Wm �� s
=
ago
r / oil v
x / 'Nr
11I s
yFa
a �
9 E'
_
e
A
all
d
4 �
I I
E
Sa EE
P za
?.a 6 r$
aEP �p
giII gI
$i le
b44 ?Fe
d
4 �
I I
E
Sa EE
P za
6f
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12-
00004)
ORDINANCE NO. 12 -4478
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 owners 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.
Passed and approved this 1st day of May, 2012.
ATTEST:
CIYY CLERK
Approved by
a� CL
City Attorney's Office -�� /�
Ordinance No. 12 -4478
Page 2
It was moved by Champion and seconded by niokenG that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x-
x
x
X
x
x
x
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
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 5/10/2012
Mks UO-ul -1
6g
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 12 -4479
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 iProvisions
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.
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. 12 -4479
Page 2
unconstitutional.
SECTION V. EFFECTIVE DATE. This
approval and publication.
Passed and approved this 1Gt day of
MMM
LA" O
Ordinance shall be in effect after its final passage,
a; 2012.
Approved by
City Attorney's Office
Ordinance No. 12 -4479
Page 3
It was moved by Mims and seconded by Throgmorton 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 4/17/2012
Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 5/10/2012
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.
MIR
7w�
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
Ap roved b (/ `
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 4/17/2012
Vote for passage:
Dickens. NAYS:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
None. ABSENT: None.
Second Consideration 5/1/2012
Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Date published