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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 I 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 ppdadrn/sffreplOO-OO2Orrn.doc ~ ' Ic~ll 0[ al!ns - poo~ ~op!llOq O/_CZ ¥~o~'~c)¥~oi ~" ~ ~ ~ J~lJ '~ul '6uuaew6ua qoool-~Rm~ uo~ nw~-~'m"~°>~mo'~~'Sll~ ~11~ FI II IR I! Il° ,, .......... ,:~_.~ .~ ~ , ,,_?: ..... ~ .'..,.¥ - -.:1 , . I J X ./' I~ ~ · ~ · · II j~%', :%~' ...... ~ .... ~---, I'~ I ~ · ~n · ,~. · ' x . I ~ i I ~[ 'Il ~u' ~' "~"~ : ~'~ ' i : - · Il ~ ~ / I- ~ - . u~t - ~ ~ Ii I I .I I ~ I I~ x ~oh ~ j ' . ~ , ~1 - ~ I - '~' ~ '' ~ '. ~ "' ~ il i ~.'~ ~Yl ~ ~ .... ~~- ' ~,'~ ' ~ - ~L~ 4~,. ~% II i ~ .:.l:O ~ / (/~,_.-~ ~ ~,,~~ ..... lq. L-: ~. I u I : ~. [ [~l :] ill !l -- : : . - · .... o * ... I ~, ~~ ~~~-i I % ~ / ' :m X I i.~ .il ' ~ ~ · i I ~ -I-~~'- - i ................. , ..... ........... = ..... . d~VA3q~ ~0~ 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