HomeMy WebLinkAbout03-10-2002 Planning and Zoning Commission Agenda
Informal Meeting
Planning and Zoning Commission
Monday, September 30, 2002 - 7:30
****** RECREATION CENTER MEETING ROOM B ******
222 SOUTH GILBERT STREET
PUBLIC DISCUSSION OF ITEMS ON THE INFORMAL AGENDA WILL BE HELD AT THE FORMAL MEETING ON /
THURSDAY, October 3, 2002, 7:30 P.M., Emma J. Harvat Hall Civic Center
Agenda
Formal Meeting
Planning and Zoning Commission
Thursday, October 3, 2002 - 7:30 p.m.
Emma J. Harvat Hall
(Civic Center)
A. Call to Order
B. Public Discussion of Any Item Not on the Agenda
C. Announcement of Vacancies on City Boards and Commissions
D. Rezoning Items:
1. REZ02-00016: A request submitted by Hawkeye Investments to rezone approximately 1.20
acres from Office Commercial, CO-l, to Community Commercial, CC-2, for property located
at the southwest comer of Highway 6 East and Broadway Street. (45-day limitation period
October 28)
2. CZ02-012: Discussion of an item submitted by BOAH L.C. for a rezoning from Al,
Agricultural, to Planned Commercial, CP2 for 54.8 acres of property located in Fringe Area
B south of Herbert Hoover Highway and west of Interstate-80. limitation
E. Vacation Item:
1. VAC02-00005 Discussion of an application submitted by Kathleen Steve for a vacation of
the northern two feet of Benton Street between S. Gilbert Street and Maiden Lane.~
F. Development Items:
1. SUB02-00014 Discussion of an application from Arlington, LC for a final plat of
Windsor Ridge Part 16, a 6.94-acre, 5-lot residential subdivision located at the intersection of
Ashford Place & Camden Road. (45-day limitation period: October 13)
2. sUB02-000017 Discussion of an application submitted by Dial Iowa City Land, L.L.C. for the
final plat of Silvercrest Residential Community, Part 2, a 10-lot, 12.17 acre
subdivision located south of American Legion Road and east of Scott Boulevard.
G. Code Item:
Consider amendments to the Zoning Code regarding fines for violations.
H. Other:
I. Consideration of the September 19, 2002 Meeting Minutes.
J. ADJOURNMENT
Upcoming Planning. & Zoning Commission Meetings:
Informal ~)ctober 1~ Nov~nber 4 November 18 December 2 December 16 December 30
Formal October 17 November 7 November 21 December 5 December 19 January 2
STAFF REPORT
To: Planning and Zoning Commission Prepared by: John Adam, Associate Planner
Item: REZ02-00016, SW corner of Date: October 3, 2002
Highway 6 and Broadway
GENERAL INFORMATION:
Applicant: Hawkeye Investments
913 22nd Avenue
Coralville, IA 52241
Contact person: MMS Consultants
Phone: 351-8282
Requested action: Rezoning property at the corner of Broadway
and Highway 6 from CO-I to CC-2.
Purpose: To allow for the establishment of a
commercial use on the first floor and
residential units above.
Location: Lot 3, Block I, Braverman Center, property
at the southwest corner of Highway 6 and
Broadway Street (formerly 1901 Broadway
Street)
Property size: approximately 1.20 acres
Existing land use and zoning: Vacant/Office Commercial, CO-I
Surrounding land use and zoning: North: Residential, RS-5;
East: Office, CO-I;
South:' Commercial, CC-2;
West~ Commercial, CC-2.
Comprehensive Plan: The South District Plan indicates that this
area is appropriate for commercial uses.
File date: September 12, 2002
45-day limitation period: October 28, 2002
SPECIAL INFORMATION:
Public utilities: Site is currently served by water and sanitary
sewer facilities
Public services: Police and fire protection are provided by
the City.
Transportation access: From Broadway Street via Pepperwood
Plaza entrance.
BACKGROUND INFORMATION:
This property once contained the Colonial Park office building; then the building burned down.
The land has sat vacant for a number of years. The request for rezoning was initiated by the
property owner as a condition of sale to a buyer who wishes to build a restaurant on the lot. The
buyer may also subsequently request a special exception to allow construction of.dwelling units
above the ground-floor commercial use.
ANALYSIS:
The South District Plan indicates that this area is suitable for general commercial purposes. The
requested rezoning would not constitute a change from that plan since both Commercial Office
(CO-I) and Community Commercial (CC-2) qualify as general commercial zones. One intent of
the CO-I zone is to provide a buffer between residential and more intensive commercial or
industrial areas. It would be difficult in this instance to argue that this lot is providing a buffer
along much of its perimeter. It is contiguous on two sides with Pepperwood Plaza (zoned CC-2);
it is across Broadway Street from a professional office; and a Iow-density, single-family residential
zone (RS-5) is north of this lot across Highway 6, some 300 feet distant. However, there is an
RM-44 zone on the other side of Broadway, across from the southeast portion of the lot In
consideration of the fact that a zoning change need not eliminate the buffering intent of the
current zoning, staff recommends that the site plan for the development of this lot includes the
provision of a planted hedge or other landscaping in the southwest corner to screen parking
areas from view by the RM-44 zone. The design and adequacy of this buffer would be evaluated at
the time of site plan review.
Whether or not the eventual development of this lot is for a restaurant, offices, retail or other
uses permitted in the CC-2 zone, it would be prudent to approve rezoning subject to the
installation of a walkway at least four (4) feet wide connecting each structure on the lot and at
least one entrance of each structure to the new Highway 6 Trail. Since the trail now exists,
because the community has invested itself and its funds promoting the idea of alternative modes
of transportation, it would be impractical not to make use of it. New development along Highway
6 should be encouraged to utilize this civic commodity. Such a condition is best supported by
another that requires the developer of this lot to place parking behind buildings, as it was when
the Colonial Park office building stood there. The entrance connecting to the trail should be a
non-secondany one, meaning it and the building should have an orientation toward the Highway 6
Trail, even if such an orientation is duplicated on the parking side of the building.
Part of what was formerly Hollywood Boulevard passes through the lot and serves as a one-way
entrance and parking lane. This right-of-way was vacated and conveyed to Hawkeye Investments
in May 1988 (VAC86-0002). The curb cut is onto Broadway Street and sits approximately 50 feet
southerly of the intersection of Highway 6 and Broadway. Because this introduces additional
traffic conflict points so close to the intersection and because Community Commercial uses tend
to generate higher traffic volumes than Office Commercial uses, staff recommends that the curb
cut be eliminated and the pavement removed to be replaced by landscaping. Two existing
driveways--one approximately 130 feet south and the other approximately 200 feet south of the
Hollywood Boulevard drive already serve this lot.
If the purchaser applies for a special exception to add dwelling units above the principal use,
additional provisions may be contemplated during that process.
STAFF RECOMMENDATION:
Staff recommends that REZ02-00016, a request to rezone approximately 1.20 acres from Office
Commercial, CO-I, to Community Commercial, CC-2, for property located at the southwest
corner of Highway 6 East and Broadway Street; be al~l~rOve~l subject to the closure and
elimination of the one-way drive along the Highway 6 frontage, the provision of a connecting
walkway no less than four (4) feet wide between street-facing entrances on any future
structure(s) on the lot and the Highway 6 Trail, a site development plan showing landscaped
screening in the southeast corner of the lot, and the placement of all parking behind any future
structure(s) unless an alternative layout is approved during special exception review.
ATTACHMENTS:
1. Location Map
2. Rezoning Exhibit
Approved by: ~~
Robert Miklo, Senior Planner
Department of Planning and
Community Development
City of Iowa City
M EMORAN DU M
DATE: September 26, 2002 (for October 3 meeting)
TO: Planning and Zoning Commission
FROM: John Yapp, Associate Planner
RE: CZ02-012 Proposed rezoning from A1 to CP2 for 54.8 acres of property
located within Johnson County on the south side of Herbert Hoover
Highway, west of Interstate-80
The applicant, BOAH L.C., has submitted an application to Johnson County to rezone
54.8 acres from Al, Agricultural, to CP2, Planned Commercial, for 54.8 acres of property
located on the south side of Herbert Hoover Highway, west of Interstate-80. The
property is in Fringe Area B of the Fringe Area Agreement between Johnson County and
Iowa City. The Johnson County /Iowa City Fringe Area Agreement provides the City
with the opportunity to review and comment on proposed rezonings within the two-mile
fringe area prior to consideration of the rezoning by the Johnson County Planning and
Zoning Commission and Board of Supervisors.
In 2000, the Fringe Area Agreement was amended to include, among other changes,
consideration of rezonings to County CP2 for the land around the Herbert Hoover
Highway / Interstate-80 interchange. The Fringe Area Agreement states:
Given the existence of commercially zoned property and the demand for
commercial uses at the Interstate-80 / Herbert Hoover Highway interchange,
rezonings to County CP2 (Planned Commercial) of property abutting the
interchange, as shown on the Land Use Plan attached, will be considered. All
existing commercially zoned property and any properties rezoned to CP2 shall be
subject to the County's Site Plan Review Requirements with the following
exception: all parking areas shall be constructed of asphalt or portland cement
concrete (PCC).
The area proposed for rezoning is identified on the Fringe Area Map as commercial
development. Two smaller areas of property at the northwest and southeast of the area
proposed for CP2 development are currently zoned CH, Highway Commercial.
Planned Commercial, CP2, Zone
No specific land use is currently being proposed for this property. However, before land
can be developed in the Planned Commercial, CP2 zone, a site plan needs to be
approved by the Board of Supervisors with a recommendation from the County Planning
and Zoning Commission. The site plan is required to illustrate the specific location of
buildings, access points, interior streets and walkways, utilities, signs, and the location
September 26, 2002
Page 2
and method of screening between the development area and adjoining land uses. The
CP2 zone contains some requirements for screening between the CP2 development and
adjacent agricultural or residential land uses, including evergreen screening or other
plant material as approved on the site plan. The Fringe Area Agreement requires all
parking areas at this location to be asphalt or concrete.
The Fringe Area Agreement and the'CP2 zone require review of a development project
before building permits can be issued. For any development project larger than two
acres, the City and County each review the site plans in accordance with the procedural
requirements of each jurisdiction. The site plan standards applied would be the County
standards. Therefore, for any development larger than two acres in the Fringe Area,
City and County staff will review the site plans. Properties being developed in the CP2
zone are required to have their site Plans approved by the Board of. Supervisors, upon
receiving a recommendation from the Johnson County Planning and Zoning
Commission, which is a more public level of review than the staff review.
Wastewater Treatment
The CP2 zone allows a variety of commercial uses including restaurants, filling stations
and truck terminals, auto and farm implement sales, warehouse and distribution
facilities, meeting halls, religious institutions, office uses, building supply and similar
uses. Some of these uses can generate a significant amount of traffic, and can require
considerable investment in wastewater treatment facilities. The Johnson County Health
Department has been notified of the rezoning request, and will need to approve a
proposed treatment system prior to development occurring. The property owner, at this
time, does not have a specific proposal for how and where wastewater treatment is to be
done. Staff recommends that Johnson County receive more information from the
property owner regarding the potential for wastewater treatment on this property given
it's topography and soil types prior it being rezoned. We do not believe it would be
appropriate to rezone such a large parcel of property for commercial uses without some
assurances that adequate wastewater treatment can be provided.
Traffic Issues
Access to the property is proposed to be via an existing access point on the CH-property
which fronts on Herbert Hoover Highway. No turning lanes or other improvements to
Herbert Hoover Highway are proposed at this time. Because of the high speed of traffic
on this portion of Herbert Hoover Highway and the close proximity of the Interstate-80
entrance and exit ramps, staff feels it would be prudent to require the construction of
turning / deceleration lanes from both directions before commercial development is
permitted on this property. Some of the commercial uses permitted in the CP2 zone
such as restaurants, filling stations, and distribution facilities have the potential to
generate large amounts of traffic, including a high percentage of truck traffic. Requiring
the property owner to install the road infrastructure to allow traffic to safely enter the
property will minimize the chance that the public will have to pay for these improvements
to Herbert Hoover Highway at a later date.
September 26, 2002
Page 3
STAFF RECOMMENDATION:
Staff recommends that the City Council send a letter to the Johnson County Board of
Supervisors finding that the proposed rezoning is in conformance with the Fringe Area
Agreement and therefore recommends approval provided that an agreement be reached
with the property owner regarding the construction of turning lane / deceleration lane
improvements to Herbert Hoover Highway necessary to serve future development on
this property, and that more information be given assuring adequate wastewater
treatment on the property, prior to it being rezoned to CP2, Planned Commercial.
ATTACHEMENTS:
1. Location Map
2. Letter from applicant's engineer
3. Fringe Area Map
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
Memo
To: Mr. John Yapp
Mr. R.J. Moore
From: Doug Frederick, PE, PLS
CC: [Click here and type name]
Date: 09~25~02
Re: BOAH, Inc. rezoning request
Dear John & R.J. - Questions have been posed regarding access and sewage treatment for this
rezoning request. At this time there is an existing drive into the property currently zoned CH. This drive
is approximately 353 feet East of the West'property line and is at approximately Station 168+73.
According to my measurements this ddve would meet the County site distance standards as it is a
county road. This driveway was upgraded in 1976 when the road was still a state highway from a type
C access to a type B. I know that this drive was moved slightly during the reconstruction of Herbert
Hoover Highway as I was at that time with the County and was on site during much of the construction.
The property within the rezoning request would need to enter through the area currently zoned CH as it
appears from information contained with the Plat of Gateway First Addition that the IDOT owns access
control from a point approximately 90 East of the existing drive' on to the East.
The question of sewage treatment is one that will need to be considered according to the rules and
regulations of the Johnson County Health Department and/or the Iowa Department of Natural
Resources. It is unclear at this time to the numbers and/or types of uses within the CP2 zoning that will
be built on this site. This will obviously dictate the type(s) of system(s) that would be required. It is my
understanding that there have been some conversations between BOAH, Inc. and Gateway in the past
regarding using Gateway's treatment facility but to my knowledge nothing pro or con has been decided.
If you have further questions please feel free to contact our office.
Respectfully,
Doug Frederick
~ ~o
' I
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robert Miklo
Item: VAC02-00.05, 320 E. Benton St. Date: October 3, 2002
GENERAL INFORMATION'
Applicant: Kathleen Steve
811 Rider Street
Iowa City, IA 52246
Requested Action: Vacation of a portion of Benton St.
Purpose: To allow expansion of adjacent parking lot
Location: Northern 2' of Benton St. between
So. Gilbert St. and Maiden Lane
Size: Approximately 346 square feet
Existing Land Use and Zoning: CC-2, Community Commercial
Surrounding Land Use and Zoning: North: CC-2, Commercial
South: C1-1, Commercial and Residential
East: C1-1, Residential
West: C1-1, Commercial
File Date: September 5, 2002
BACKGROUND INFORMATION:
Kathleen Steve owns the property located immediately north of E. Benton Street between Gilbert
Street and Maiden Lane. In 1990, the property was developed with a two-story building containing
commercial uses on the ground floor and four second-story apartments. The property was
developed with the maximum square footage of'building area and the minimum number of
required parking spaces with little green space left to allow future expansion of the parking lot. At
the time 19 parking spaces were required for the office, retail and residential uses contained in the -'
building.
The applicant now proposes to develop a portion of the first floor with a restaurant. Because the
parking requirements for a restaurant are greater than retail or office uses, two additional parking
spaces are required. The applicant proposes to reconfigure the parking lot with perpendicular
parking to allow the addition of two parking spaces. The property does not contain sufficient depth
to allow the proposed perpendicular parking. The applicant therefore has proposed the vacation of
two feet of Benton Street. If this portion of Benton Street is vacated and sold to the applicant, it will
be possible to reconfigure the parking to provide the 21 required parking spaces.
ANALYSIS:
Three general criteria determine the advisability of the release of the street or alley right-of-way.
A release would be inadvisable if it would interfere with vehicular or pedestrian circulation and
interfere with the right of access to private property, or inhibit the access of emergency or utility
service vehicles.
In this location the Benton Street right-of-way is 80' wide. West of Dubuque Street, Benton
functions as an arterial street. East of Dubuque Street, .Benton Street functions as a collector
street and therefore only 60' of right-of-way are needed. Vacation of the requested 2 feet of
Benton Street will not interfere with the circulation of the traffic in this area. The applicant owns
all of the property immediately adjacent to the portion of Benton Street that is requested for
vacation. Therefore the release of this right-of-way will not prevent access to adjacent
properties. The actual pavement width of the street will not be reduced and therefore
emergency access should not be hindered by the proposed vacation. In the future the City
may need to make improvements to Gilbert Street where it intersects Benton Street. To assure
that adequate right-of-way exists for such improvements and that the City does not have to
purchase back portions of the right-of-way to be vacated, the vacated portion of Benton Street
should begin at least 25 east of the Gilbert Street right-of-way. The applicants engineering
consultant has requested that the vacated portion of the right-of-way begin 60 feet east of
Gilbert Street. This will satisfy the City's need.
There are no City utilities within the northern 2 feet of Benton Street. Other utility providers
including MidAmerican, Quest and Mediacom have been notified and asked to comment on this
vacation request. If these companies have utilities within the right-of-way, utility easements
may be required or the applicant may need to have the utility lines moved.
If the street is vacated and the parking lot reconfigured, the parking sPaces will be within 2' of
the existing public sidewalk. To assure that there is adequate space between the parking lot
and the sidewalk, the vacation should be subject to the applicant maintaining the two feet of
vacated right-of-way as landscaped area. This will mean that the last two feet of parking
spaces will be landscaped rather than paved and will provide an adequate bUffer between the
parking spaces and the public sidewalk.
Vacation of this portion of Benton Street will provide the property owner with the possibility of
more intense and a wider variety of commercial uses for this location. Because the northern 2
feet of Benton Street right-of-way is not necessary for public purposes, staff believes that it is
appropriate to vacate it with the condition that the applicant maintain the two feet as a
landscaped area.
STAFF RECOMMENDATION:
Staff recommends that VAC02-0005, a request to vacate the northern 2' of Benton Street
beginning 60 east of Gilbert Street and ending at Maiden Lane, be approved subject to the
applicant maintaining the two feet of vacated right-of-way 'as landscaped area and subject to utility
easements if necessary.
Attachments:
1. Location Map
2. Site Plan
3. Additional Information Provided by Applicant
Jeff Davidson, Assistant Director
Department of Planning and Community Development
Additional Information in Reference to Kathleen A. Steve
Application for Vacation of Street or Alley Way
. ..
1. This is ~ application by the property owner to vacate a
two-foot wide portion of the public right-of-way known as East
Benton Street in Iowa City, said two feet being that portion that
immediately abuts the south boundary line of Lot 4, Block 29,
County Seat Addition to Iowa City.
2. Attached is a topographic survey plat that shows the
location of this property.
3. The purpose of the application is to allow the applicant
to purchase the requested portion of East Benton Street as vacated
so that the south boundary line of the present tract owned by
Kathleen A. Steve (Lot 4, Block 29, County Seat Addition) will be
moved two feet to the south, thus extending the parking area that
is available to meet the city requirements for parking for the
rental building shown on the attached survey.
4. The applicant anticipates that she will be required to
move the existing sidewalk now located south of Lot 4 within the
East Benton Street right-of-way two feet to the south of its
existing location and increasing the width of said sidewalk from
four feet to five feet, all at her expense.
jan/pal/realestate/steveappl
STAFF REPORT
To: Joint Staff Prepared by: Shelley McCafferty
Item: SUB02-00014 Date: October 3, 2002
GENERAL INFORMATION:
Applicant: Arlington, LC
2346 Mormon Trek Blvd.
Iowa City, IA 52246
Contact Person: MMS Consultants, Inc.
1917 South Gilbert Street
Iowa City, IA 52240
351-8282
Requested Action: Approval of final plat
Purpose: To create a 5-lot residential subdivision
Location: Intersection of Ashford Place & Camden Road
Size: 6.94 acres
Existing Land Use and Zoning: OPDH-8
Surrounding Land Use and Zoning: North: OPDH-8, undeveloped
South: County, Single Family Residential
East: RS-5, Low-Density Single-Family
Residential
West: OPDH-8, undeveloped
Comprehensive Plan: 2-8 dwelling units per acre
File Date: August 29, 2002
45-Day Limitation Period: October 10, 2002
BACKGROUND INFORMATION:
The applicant, Arlington L.C., is requesting approval of the final plat of Windsor Ridge Part 16, lots
260-263 and Outlot B. This subdivision is 3.94 acres of the 31 .l-acre Windsor Ridge Parts 16-20
subdivision. The preliminary plat and OPDH plan for Windsor Ridge Parts 16-20 was approved by
Council on September 10.
ANALYSIS:
The final plat as submitted is in general conformance with the approved preliminary plat.
Construction plans have been submitted and are being reviewed by the City Engineer. Legal
papers have also been submitted for review by the City Attorney and Engineer. Prior to Council
consideration of the final plat, staff must approve construction plans and legal documents.
Fees are required for the improvement of Lower West Branch Road for 2.59 acres at $3,122
per acre. This should be addressed in the legal papers.
STAFF RECOMMENDATION:
Staff recommends that SUB02-00014, a final plat of Windsor Ridge Part 16, a 6.94-acre, 5-lot
residential subdivision located at the intersection of Ashford Place & Camden Road be
approved subject to staff approval of legal papers and construction 'drawing pdor to City Council
consideration.
ATTACHMENTS:
1. Location map
2. Final plat
Approved by: ~'~~~-~.
Robert Miklo, Senior Planner,
Department of Planning and Community Development
$111411-1 21Vg:lOd~lO0 /CLI2 VA401
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robed Miklo
Item: SUB02-00017 Silvercrest Final Plat Date: October 3, 2002
GENERAL INFORMATION:
Applicant: Dial Companies
11506 Nicholas St. #200
Omaha, NE 68154
Contact person: Merlin Lawrence
402-493-2800
Requested action: Final Plat
Purpose: To allow development of four 4-unit
townhouse style buildings and four 24-unit
apartment buildings on 8 lots.
Location: Southeast corner of Scott Boulevard and .
American Legion Road
Size: 12.18 acres
Existing land use and zoning: Vacant, OPDH-12
Surrounding land use and zoning: North: Residential for Elderly and Medical
Office, OPDH-12 '
East: Religious Institution, County RS
South: Manufactured Housing Park, County
RMH
Westi Residential, RS-5
Comprehensive Plan: Intersections such as this are appropriate
locations for mixed uses and medium
density residential development. The Plan
encourages the creation of group living
facilities for seniors.
File date: September 26, 2002
45-day limitation period: November 10, 2002
60-day limitation period: November 25, 2002
SPECIAL INFORMATION:
Public utilities: City water service is available for this
property. The applicant has built a sanitary
sewer line in the right-of-way of Scott
Boulevard in order to provide service to this
property.
Public services: Police and fire will be provided by the City.
Transportation: The nearest bus route is the Towncrest
route, which passes through the intersection
of Village Green Boulevard and Muscatine
Avenue, approximately 1/4 mile west of this
property.
BACKGROUND INFORMATION:
In 1998 the City approved an annexation, rezoning and preliminary plat for Silvercrest. The City
Council recently approved an amended OPDH plan and preliminary plat to allow construction of
four 24-unit independent living apartment buildings and four 4-unit town house style buildings.
The applicant is now seeking approval of the final plat.
ANALYSIS:
The final plat is in general conformance with the approved preliminary plat. Deficiencies and
discrepancies are noted at the end of this report. The plat depicts 8 lots that will contain
residential buildings and 2 outlots that will contain storm water facilities. Private streets will
provide access from American Legion Road and Silvercrest Place (an existing pdvate street) to
each lot.
Staff is reviewing construction drawings and legal papers, which must be approved prior to City
Council consideration of the final plat.
STAFF RECOMMENDATION: Staff recommends that SUB02-00017, a final plat of Silvercrest
Residential Community, Part 2, a 12.17-acre, 8-lot subdivision be approved subject to staff
approval of construction drawings and legal papers prior to City Council consideration of the
final plat.
ATTACHMENTS:
1. Location map
Approved by:
Jeff Davidson, Assistant Director
Department of Planning and
Community Development
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City of Iowa City
M E ORAN DU M
TO: Planning and Zoning Commission
FROM: Susan Dulek, ^ss't. City ^ttorney~
DATE: September 25, 2002
RE: Increasing Civil Fine for Violation of the Zoning Code
Introduction: With some exception, the City may issue a "municipal infraction"
citation when an ordinance is violated. If the judge finds that the person violated the
ordinance, the judge can, for example, order the person to cure the violation. The
judge may, and almost always does, assess a civil fine. Although state law sets the
limits on the maximum penalties ($500 for first violation and $750 for repeat
violations), municipal ordinances establish the specific amount of the fine.
The Housing Relations Task Force recommended to City Council that civil penalties
for violation of nuisance and neighborhood-related ordinances be increased from
$100 for first violation, $250 for second, and $500 for third to $250, $500, and $750
respectively. The recommended amounts are consistent with ordinances in other
cities in Iowa. An ordinance increasing said fines has had two readings with Council
and will be on the agenda to pass and adopt at the October 8 meeting. Said
ordinance does not, however, include a provision to increase the penalty for zoning
code violations because it needed to be reviewed by you first.
Recommendation/Requested Action: Staff proposes to amend the zoning code
(section 16-6U-7A) to provide that a penalty of $250 be assessed against the
property owner/tenant/landlord for first the offense, $500 for second the second
violation, and $750 for the third violation. Attached is a proposed ordinance.
Conclusion: If you have any questions, please do not hesitate to contact me.
Enc.
Copy to:
Bob Miklo-w/enc.
Doug Boothroy-w/enc.
Marcia Klingaman-w/enc.
Mitch Behr-w/enc.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
*Draft *
AN ORDINANCE AMENDING TITLE '14 ENTITLED "UNIFIED DEVELOPMENT
CODE," CHAPTER 6, ENTITLED "ZONING," ARTICLE U, ENTITLED
"ADMINISTRATION AND ENFORCEMENT," SECTION 7, ENTITLED "VIOLATIONS
AND PENALTIES" TO INCREASE THE MUNICIPAL INFRACTION CIVIL FINES FOR
VIOLATING THE ZONING CODE.
WHEREAS, Resolution 01-353 established a Neighborhood Housing Relations Task Force
(hereinafter "Task Force") to fulfill the goal of improving peaceful habitation in Iowa City and
appointed eleven individuals representing the interests of tenants, landlords, and
neighborhoods to serve on the Task Force;
WHEREAS, the Task Force met fifteen (15) times between November 7, 2001 and May 22,
2002;
WHEREAS, the Task Force held one public forum to elicit comments from the public on its
proposals;
WHEREAS, the Task Force submitted its "Proposed Initiatives/Report of Task Force"
(hereinafter "the Report") to the City Council on June 27, 2002;
WHEREAS, in addition to proposals to amend policy, the Report recommends code
amendments to increase the fines, for municipal infractions for nuisances and other code
violations that impact on neighborhoods;
WHEREAS, on October 7, 2002, City Council passed Ordinance No. that increased the
municipal infraction penalties for violation of nuisance provisions, the building code, the housing
code, the electrical code, the plumbing code, the mechanical code, the fire code, and public
utilities' use of the right-of-way provisions to $250 for first offense, $500 for second offense, and
$750 for third offense;
WHEREAS, the Planning and Zoning Commission recommend increasing said fines for
violation of the zoning code;
WHEREAS, in order to enhance deterrence zoning code violations, the fines for municipal
infractions involving the Zoning Code should be increased; and
WHEREAS, it is in the public interest to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENT.
Title 14, entitled "Unified Development Code," Chapter 5, entitled "Zoning Code," Article U,
entitled "Administration and Enforcement," Section 7, entitled "Administration and
Enforcement," Subsection A is deleted in its entirety and a new Subsection A is added
which reads as follows:
Violation of this Chapter shall be a municipal infraction punishable by a penalty as
provided for in Title 1, Chapter 4, Section 2, Subsection D.
[Note:l-4-2D is not presently in the Code. It is a provision in the ordinance
pending before Council at this time to increase the fines for the building code,
nuisances, etc. In said ordinance, it reads as follows:
Title 1, entitled "Administration," Chapter 4, entitled "General Penalty,"
Section 2, entitled "Civil Penalties for Municipal Infractions," is amended
by adding a new Subsection D, entitled "Civil Citations for Neighborhood
Related and Nuisance Infractions" as follows:
O~dlnnnco Ho.
Civil penalties for municipal infractions of sections 6-1-7, 6-2-4, 6-3-5, 6-4-7, 6-
9-4, 7-1-4, 10-5-6, 14-tA-8E, 14-2A-13, 14-5A-4, 14-5B-6, 14-5C-28, 14-5D-4,
and14-SE-22 shall be punishable as provided in the following schedule for
each day a violation exists or continues:
First offense $250.00
Second offense $$00.00
Third offense $750.00]
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
SECTION II1. 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 unconsti-
tutional.
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 ,2002.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Draft
sue/ord&ms/NTFordZoning.doc