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HomeMy WebLinkAbout07-07-2011 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION Thursday, July 7, 2011 - 7:00 PM Formal Meeting Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street AGENDA: A. Call to Order B. Public Discussion of Any Item Not on the Agenda C. Development Item SUB11- 00007: Discussion of an application submitted by Arlington LC for a preliminary plat for Stone Bridge Estates Part Ten, a 27 -lot, 8.06 acre residential subdivision located on the west side of Taft Avenue, north of Huntington Drive. D. Urban Renewal Plan Discussion of an amendment to the Scott Six Urban Renewal Area to add approximately 188 acres of property located east of the Scott Six Industrial Area along 420th Street. E. Code Amendment Items Discussion of amendments to Title 14, Zoning Code including: 1.) Site development standards for the Central Business Service (CB -2), Central Business Support (CB -5) and Central Business (CB- 10) zones: 2.) Clarification regarding setback and frontage requirements for properties that front on City Plaza; 3.) Clarification of standards for off -site parking for Household Living Uses in the CB -10 Zone; 4.) Flexibility to adjust required storefront depths in the CB -10 Zone; 5.) Deleting the limitation on the amount of surface and ground -level parking allowed in the CB -5 Zone; 6.) A requirement in the CB -10 Zone for the first two floors of new buildings to be constructed to accommodate commercial uses; 7.) A requirement in the CB -10 Zone that the first two floors of a building be built to the side lot line; 8.) Standards for the location of residential entrances in mixed use buildings; 9.) Standards for Auto Repair in the Intensive Commercial (CI -1) Zone located within 100 feet of a residential zone boundary; 10.) Side yard setbacks in commercial zones and 11.) Adding a cross reference for administrative approval of off -site parking in commercial zones. F. Consideration of Meeting Minutes: June 2, 2011 G. Other H. Adjournment Planning & Zoning Commission Informal I July 18 I August 1 August 15 i August 29 Formal I Julv 21 August 4 August 18 1 September 1 To: Planning & Zoning Commission Item: SUB11 -00007 GENERAL INFORMATION: Applicant: Contact Person: STAFF REPORT Prepared by: Sarah Walz, Associate Planner Date: July 7, 2011 Arlington LC 1486 South 1 :t Avenue, Unit A Iowa City, IA 52240 John Moreland 319 - 338 -8282 Requested Action: Preliminary Plat for Stonebridge Estates, Part 10 Purpose: To allow the development of a 27 -lot subdivision Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Along an extension of Huntington Drive, north of Court Street and west of Taft Avenue 8.06 acres Undeveloped, Medium Density, single - family (RS -8) zone North: Single-family residential (County -R) South: Residential (RM -12) East: Agricultural (County -Ag) West: Undeveloped (OPD -5) Single- family residential Lower West Branch May 10, 2011 July 25, 2011 Sanitary Sewer can be extended from neighboring subdivisions on the west and south. Public Services: The City will provide Police and Fire protection, and refuse and recycling collection services. The nearest transit route is the Eastside Express with a stop along Ashford Place approximately 1,300 feet from the subdivision. 2 BACKGROUND INFORMATION: The subject property is located east of the Stone Bridge Estates, Parts 6 -9, between the south branch of Ralston Creek and Taft Avenue. At this time Taft Avenue is an unimproved, chip seal road, however in the future it will serve as an arterial street that will carry truck traffic to and from the expanded industrial zone to the south. A single - family home is established on the property to the north; an RM -12 multi - family development is located to the south along Huntington Drive. The proposed preliminary plat will allow the development of 27 single - family lots, located along an extension of Huntington Drive ending in a cul -de -sac. East -west access to the subdivision will be provided from Thames Drive, which will connect Taft Avenue to Colchester Drive. Colchester and Huntington Drives both provide access south to Court Street. In 2009, the property was rezoned from Interim Development Single Family Residential (ID -RS) to Medium Density Single Family Residential (RS -8). The conditional zoning agreement for the property requires the following: a.The developer must grant the City necessary temporary construction easements, as determined by the City, at no expense to the City, for the improvement of Taft Avenue; b.The developer shall contribute 12.5% of the cost of upgrading that portion of the adjacent portion of Taft Avenue to City standards; c. Lots adjacent to Taft Avenue be a minimum of 140 feet in depth; d. A minimum of 50% of the required landscaping along Taft Avenue must be comprised of evergreen plantings and must comply with a landscaping plan submitted at the time of the rezoning. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and have not had discussions with neighboring property owners since the rezoning in 2009. ANALYSIS: Compliance with Comprehensive Plan: The Northeast District Plan shows the area north of Thames Drive as appropriate for large -lot, single - family housing. The concept plan illustrated large lots, with access provided along a rear alley running parallel to the creek. The concept for smaller lots as depicted on the proposed plat was approved with the RS -8 re- zoning based on adequate space being provided for substantial landscaping to buffer the double- fronting lots from traffic on Taft Avenue. The proposed lots that front onto Taft meet the minimum 140 -foot lot depth that was a condition of the RS -8 rezoning, providing space for a required 40 -foot setback and a substantial landscape screen to be installed by the developer. The Northeast District Plan also provides some guidance regarding the preservation of open space along the creek, stating "the plan depicts single - loaded streets adjacent to the Ralston Creek stream corridor to be open to the entire neighborhood, not just available to a small percentage of the residents whose private back yards might otherwise back onto the waterway." Both the west and east sides of Ralston Creek were platted as part of Stone Bridge Parts 6 -9. The stream corridor and the required stream buffers will be set aside as part of a system of contiguous outlots that will include trails to be constructed by the developer. A public access easement will allow community access to the trail system. Compatibility with neighborhood: In staffs view, the proposed subdivision provides an appropriate transition between the multi - family development south of Thames Drive (Windsor Ridge Part 21) and 3 the large -lot, single - family development located west of the creek. The proposed subdivision shows Huntington Drive ending in a cul -de -sac that angles to the east at Outlot A. This outlot reserves land for potential future development. In the event that the single - family property to the north should re- develop, the cul -de -sac could be removed, allowing Huntington to extend further to the north — Outlot A could be subdivided and developed at that time. Staff believes this open space is an appropriate transition to the single - family property to the north. Environmentally Sensitive Areas: As stated previously, Ralston Creek and its required stream buffers were platted as part of Stone Bridge Estates part 6 -9, however the plat for Part 10 does show a narrow strip of the required stream buffer, labeled as Outlot B, along the edge of west of lots 8 -14. This area is designated to be managed by the homeowners association. The proposed outlot is quite narrow, and, taken on its own, would not seem to provide any benefit or use to the homeowners association. Nonetheless, the stream corridor buffer it is intended to provide an ecologically sound transition to the creek in terms of erosion control and stormwater filtration. Without some way of distinguishing theoutlot from the private lots that abut it, over time this area is likely to become confused with individual private properties. Staff recommends the area labeled as Outlot B of Part 10 be incorporated into Outlot C of Part 8 and that all the contiguous outlots along the creek and the trail system be maintained by a single homeowners association that encompasses all properties in the Stone Bridge Development. Plans to address the long -term maintenance of these areas should be addressed at the time of final plat review. Access and street design: Access to the development will be provided along an extension of Huntington Drive. Thames Drive will provide east -west access — connecting Taft Avenue to Colchester Drive. However, whether Thames Drive can be connected to Taft Avenue as it is currently constructed (prior to improving Taft) —this will depend on the grades of the two roads. The portion of Thames Avenue that crosses the creek was included in the preliminary plat for Stone Bridge, Part 7. The applicant has indicated his preference to build this section of the road with Part 10 and has thus included the area in the proposed plat. Staff believes this is appropriate as the crossing provides no real use until such time as it can be connected with Huntington and Taft. Therefore this portion of Thames Drive should be not be included in the final plat of Part 7. Section 15 -3E -2K of the subdivision code states that "At the discretion of the City, subdivisions may be approved that access existing public streets that do not meet City standards, provided the subdivider contributes toward the future construction cost of bringing the segment of the subject public street that abuts the subject property to City standards." As stated above, Taft Avenue is currently an unimproved chip seal road, but is planned as a future arterial street. Therefore the subdivider of Stone Bridge Part 10 is subject to the arterial street costs (12.5% of total construction cost) at the time of final plat. This information must be included in the legal papers for the subdivision. The required minimum 40 -foot building setback is shown along Taft Avenue. Within this setback a 20- foot landscaped buffer is required. No fences are allowed in the 20 -foot buffer area; this prohibition must be made explicit in the subdivision papers. The landscape plan that was approved at the time of rezoning is indicated on the plat. Staff recommends that funds to create the landscape buffer be set aside by the developer prior to building permits being issued for the lots. The buffer will then be installed after Taft Avenue is rebuilt. To provide for the future improvement of Taft Avenue, the applicant is also required to dedicate space for right -of -way and construction easements. These issues should be addressed in the legal papers for the final plat. On the west side of the creek, Thames Drive will include an 8 -foot sidewalk on the south side of the street El to provide an adequate trail connection to the future creekside trail system. Staff recommends that the 8- foot sidewalk be continued east to Taft Avenue as part of the subdivision. Neighborhood parkland or fees in lieu of: Based on the open space formula in section 14 -5K -3, the subdivider is required to dedicate 13,238 square feet of land (approximately 1/3 acre) or fees in lieu of. Fees in lieu of dedication would be appropriate given the lack of suitable open space on this property. Such fees could contribute to the development of a public park on open spaced to be dedicated from parts 6 -9 of Stone Bridge Estates. Storm water management: The applicant will provide infrastructure to convey the storm water to the creek, which carries the 100 -year storm run -off to the public storm water management facility —Scott Park Detention Areas on the south branch of the Ralston Creek. No separate storm water management facility on the property is required. Sanitary Sewer Easement: The proposed plat shows a sanitary sewer easement at the southwest corner of lot 1. This alignment does not match up with a sanitary sewer easement shown in Stonebridge Estates Part 5 -9, which ran north -south along the rear property lines of lots located south of Thames Drives (lots 1 -6). Infrastructure fees: When this property is final platted the applicant /owner will be required to pay tap on fees for water main water main extension at a rate of $395 per acre. No fees for sanitary sewer are required. As noted above, fees will also be collected for the improvement of Taft Avenue (12.5 % of the cost of reconstruction). Mailbox Clusters: The mailbox clusters that serve the subdivision are currently located within the Thames Drive right -of -way and the stream corridor buffer. Mailbox clusters are usually located within an outlot. In this instance, the outlot adjacent to this portion of Thames is not part of the subject subdivision. Staff recommends moving the clusters into the required setbacks of lots 6 and 7 along Thames Drive. STAFF RECOMMENDATION: Staff recommends deferral for SUB11- 00007, a preliminary plat and sensitive areas development plan for Stone Bridge Estates Part 10, pending resolution of the discrepancies noted below. Upon resolution of these discrepancies, staff recommends approval. Issues related to the designation and management of the contiguous outlots along the creek will need to be addressed at the time of final plat review. DEFFICIENCIES & DISCREPENCIES Staff has noted the following discrepancies on the submitted plat: The mailbox clusters to serve the subdivision clusters are currently located within the Thames Drive right - of -way and within the stream corridor buffer. Staff recommends moving the clusters into the required setbacks of lots 6 and 7 along Thames Drive. A sanitary sewer easement shown at the southwest corner of lot 1 alignment does not align with the easement shown in Stonebridge Estates Part 5 -9. ATTACHMENTS: 1. Location Map 2. Plan or plat Approved by: ``2/`��.� Robert Miklo, Senior Planner, Department of Planning and Community Development Na9Its i i �ilWl -1 3ivKdKo JIilo �4 N a am o O ,r �f % I f % 1 W 3 rn i Id O803 W I WHITECHAPEL DR cn m— — — — M lUH 02WON — — —_ — w 2100WOV02le T — o N386 1, t W 3. TA a � z �w -� c/D �i - -- � a ;Iq gg 1 i mix Lu 13 ED z za�� �W IL - CITY OF IOWA CITY MEMORANDUM Date: June 28, 2011 To: Planning and Zoning Commission �M`L_ From: Wendy Ford, Economic Development Coordinator Re: Proposed amendment to the Scott Six Urban Renewal Area A proposed amendment to the Scott Six Urban Renewal Plan is attached for your consideration. The urban renewal plan is proposed for the purpose of and the prerequisite to establishing a tax increment financing district to finance projects within the urban renewal area. State Code requires that prior to the City council holding a public hearing on an amended urban renewal plan; the Planning and Zoning Commission review and submit a written recommendation to the City Council regarding the urban renewal plan's conformity with the Iowa City Comprehensive Plan. Conformity with the Comprehensive Plan The economic well -being goals outlined in the comprehensive plan are: • Diversify and increase the property tax base by 1) encouraging the retention and expansion of existing industry and 2) attracting industries that have growth potential and are compatible with existing businesses; • Increase employment opportunities consistent with the available labor force; • Provide and protect areas suitable for future industrial and commercial development; • Cooperate with local and regional organizations to promote economic development within Iowa City; • Improve the environmental and economic health of the community through the efficient use of resources; and • Consider financial incentives and programs to facilitate achieving the above goals. The proposed urban renewal project area is contiguous to the east boundary of the existing Scott Six Urban Renewal area and along a portion of 420th Street. It provides highly valued rail access on the north and south sides of the Iowa Interstate Railway on land that is especially well suited to industrial development. The amount of land, the physical attributes of the land and its proximity to highway access are ideal for the expansion of Iowa City's industrial park. Urban Renewal Area projects will include the installation of infrastructure associated with attracting development, including but not limited to, streets, water, sewer, electric and rail infrastructure, and other public infrastructure improvements to a portion of 420th Street and surrounding area. The need for such improvements is expected to be created by development projects within the Urban Renewal Area. Additional urban renewal projects in the amended area may include offering financial incentives, including but not limited to the provision of land, grants, loans or other incentives to entities locating in the Area to build a foundry and related support industries for the renewable energy industry. The designation of the amended urban renewal project area for industrial uses is consistent with the Southeast District Plan which refers to the area as the ideal place to expand Iowa City's industrial base. To ensure the ability to add to its industrial base, and because the existing BDI and Scott Six industrial areas were nearly built out, the City recently purchased, annexed, zoned and platted nearly 180 acres of the amended area. The amended urban renewal plan, consistent with the Southeast District Plan, is therefore consistent with the Iowa City Comprehensive Plan. June 30, 2011 Page 2 Tax increment financing For the Commission's information, the following explains how tax increment financing (TIF) works and how TIF will be used in the Scott Six Urban Renewal Area. TIF is a mechanism used to finance projects within a designated urban renewal area. The difference between taxes derived from unimproved and underdeveloped property and those derived after its development is the "increment" of taxes which may be pledged by a city to retire loans, advances, bonds, or other indebtedness incurred by a city or the developer in furtherance of the development. The TIF ordinance makes available to the city all the incremental tax revenues for repayment of project related expenses. The incremental tax revenues include those levied by and for other taxing jurisdictions, such as the county, school district, and community college. Chapter 403 of the Code of Iowa sets forth the provision of tax increment financing. To establish a TIF program, a city must first prepare an urban renewal plan for a specific urban renewal area. A city may designate an urban renewal. area as either a "blighted," "slum," or "economic development" area, each of which s defined in Chapter 403. In this instance, the urban renewal area is designated an economic development area, which is defined as "an area of municipality designed by the local governing body as appropriate for commercial and industrial enterprises." The City's stated objectives for the urban renewal area are outlined in the urban renewal plan. The urban renewal plan also explains why it is in the City's interest to establish this urban renewal area. Communities are frequently called upon to make financial incentives and program available to make a development site and the area attractive to potential new businesses and business expansions. To assist with ensuring that this type of Iowa City development is competitive, the City would make TIF available in the Scott Six Urban Renewal Area. In addition to the Planning and Zoning Commission's review and recommendation, the City will hold a consultation with representatives from the county, school district, and community college, in order to provide these taxing entities with an opportunity to comment on the use of the incremental tax revenues. After the public hearing and the consultation with the affected taxing entities, the City Council will concurrently consider adoption of the urban renewal plan, the TIF ordinance and a developer's agreement. The TIF ordinance establishes the mechanism for separating the incremental tax revenues from the base tax revenues. The developer's agreement will outline more completely the City's obligations and the developer's obligations regarding development within the urban renewal area. Recommendation Staff recommends that the Planning and Zoning Commission forward a written recommendation to the City Council stating that the Scott Six Urban Renewal Plan conforms to the Iowa City Comprehensive Plan, which is the general plan for the development of the City of Iowa City as a whole. Attachments Urban Renewal Plan for Scott Six Urban Renewal Area, amendment no. 1 Approved by: Department of Planning & Community Development Urban Renewal Plan for Scott -Six Urban Renewal Area Amendment No. 1- July 2011 Original -1997 Table of Contents Section 1 - Introduction Section 2 - District Designation Section 3 - Base Value Section 4 - Urban Renewal Plan Objectives Section 5 - Description of Urban Renewal Area Section 6 - Proposed Urban Renewal Activities Section 7 - Conformance with Land Use Policy and Zoning Ordinance Section 8 - Relocation Section 9 - Proposed Projects Section 10 - Financial Data Section 11 - Property Acquisition/Disposition Section 12 - Urban Renewal Plan Amendments Section 13 - Consent to include Agricultural Lane Section 14 - Effective Period Addendum No. 1 - Legal Description Addendum No. 2 - Scott -Six Urban Renewal Project Area Map 2 Section 1: Introduction The original Scott -Six Urban Renewal Plan ( "Plan ") for the Scott -Six Urban Renewal Area was adopted in 1997 and contained approximately 152 acres. The purpose of this Amendment No. 1 ( "Amendment ") is to: • add approximately 188 acres of property to the Scott -Six Urban Renewal Area; • confirm and update the objectives and urban renewal activities; • describe additional proposed urban renewal projects; and • make other changes as desired by the City. The primary goal of the Plan, as amended, is to stimulate, through public involvement and commitment, private investment in new industrial development for the original Scott -Six Urban Renewal Area and the Amendment No. 1 area (collectively "Area" or "Urban Renewal Area "). The Iowa City Comprehensive Plan — 1997 provides a vision for the economic well -being for the residents of Iowa City and outlines the goals the community must strive to achieve in order to attain its economic well -being vision. These goals include: • Increase the amount of land available for industry and commerce to expand and develop; • Increase employment opportunities for the local work force; and • Nurture existing businesses in the city by encouraging their retention and expansion, and by attracting compatible new industries. To help the City of Iowa City ( "City ") achieve these goals, the Comprehensive Plan states that the City may provide financial incentives as a catalyst for private enterprise. The Southeast District Plan, a component of the Comprehensive Plan adopted in 2011, identifies BDI, Scott Six and the recently annexed land to the east of Scott Six (the Amendment No. 1 area) as ideal areas for expansion of Iowa City's industrial base. The District Plan identifies these areas as uniquely suited for industrial activity, as they contain level, well- drained land and are proximate to services, utilities, highways and the Iowa Interstate Railroad. The District Plan refers to the recently annexed land east of Scott Six in particular as an important part of the district's objective to "take steps to make additional land available for future industrial development." The City has concluded it is in the interest of its citizens to encourage the expansion and continued development of the Scott Six industrial park in order to provide land at a price affordable to industrial development. To ensure that the price of land is affordable, the City intends to make available the use of tax increment financing as a means to finance the construction of some of the necessary infrastructure improvements within the Area. In addition, the City will make available the use of tax increment financing to provide direct grants, loans, or rebates for qualifying businesses planning to locate in the Area. To achieve the primary objectives of the Plan, as amended, the City of Iowa City shall undertake the urban renewal activities as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15, 15A and 403 of the 2011 Code of Iowa, as amended. 3 Except as in conflict with or modified by this Amendment, the provisions of the original 1997 Plan, as amended, remain in full force and effect. Section 2: District Designation With the adoption of this plan, Iowa City will continue to designate this Urban Renewal Area as an economic development district that is appropriate for industrial development. The Urban Renewal Area does not contain any residential uses. Section 3: Base Value The Original Area will retain its existing base value. The adoption of Amendment No. 1 will have no effect on the tax increment ordinance that has been adopted for the Original urban renewal area. If Amendment No. 1 is adopted and a Tax Increment Ordinance is adopted and made effective by December 31, 2011, the area added as a result of this Amendment No. 1 will have a base value at the January 1, 2010 level. Section 4: Urban Renewal Plan Objectives The overall goal of the Scott -Six Urban Renewal Plan is to formulate and execute a workable program using public and private resources to develop the Urban Renewal Project Area for industrial development. The following objectives are being continued from the Original Urban Renewal Project Area and expanded for the Area, as amended: • To encourage and support development that will expand the taxable values of property within the Urban Renewal Project Area; • To encourage the development of start-up firms, the expansion of existing businesses, and the attraction of new industries, especially in the area of renewable energy; • To provide for the orderly physical and economic growth of the city; • To enhance the availability of sites to accommodate the construction of new industrial buildings; • To assist with the provision of infrastructure to enable competitive land prices and lease rates; • To make public improvements as deemed necessary by the City to support new industrial development; • To provide financial incentives and assistance to qualifying businesses; • To achieve a diversified, well - balanced economy providing a desirable standard of living, creating job opportunities, and strengthening the tax base; • To plan for and provide sufficient land for industrial development; • To provide other support as allowed under Iowa Code Chapters 15, 15A and 403. Section 5: Description of Urban Renewal Area 4 The legal description of this proposed Urban Renewal Plan Area attached hereto as Addendum No. 1- Legal Description. The location and general boundaries of the Scott -Six Urban Renewal Plan Area are shown on Addendum No. 2 - Scott -Six Urban Renewal Area Map. This area is approximately 340 acres. Section 6: Proposed Urban Renewal Activities The following urban renewal activities are being continued from the Original Urban Renewal Project Area and expanded for the Area, as amended, to encourage industrial development throughout the entire Urban Renewal Area. 1. To undertake and carry out urban renewal projects through the execution of contracts and other instruments. 2. To acquire land and to provide for the construction of specific site improvements such as grading and site preparation activities, access roads and parking, fencing, utility connections, and related activities. 3. To arrange for or cause to be provided the construction or repair of public infrastructure, including but not limited to, streets, water, storm sewer, sanitary sewer, public utilities, sidewalks, street lights, public parks and open spaces, bike trails, landscaping or other related facilities and activities in connection with urban renewal projects. 4. To borrow money and to provide security therefor. 5. To make or have made surveys and plans necessary for the implementation of the Urban Renewal Program or specific urban renewal projects. 6. To acquire property through a variety of means (purchase, lease, option, etc.) and to hold, clear or prepare the property for redevelopment, or to dispose of property. 7. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Iowa City and the State of Iowa. 8. Private Site Improvements: Site improvements may include, but are not limited to, design and construction of buildings, grading for building construction and amenities; adequate paving and parking; adequate landscaping; and on -site utilities. Tax increment financing may be used by qualifying businesses to finance these private site improvements. 9. Public Infrastructure Improvements: Public infrastructure improvements may include, but are not limited to, storm water management facilities, public streets and sidewalks, sanitary sewers, storm sewers, and open space improvements such as wetland mitigation. Public infrastructure improvements shall include electric and rail infrastructure, and improvements to the adjacent portion of 420th Street. Tax increment financing shall be available to finance the construction of these improvements, in whole or in part, at the City Council's discretion. 10. Financial Incentives: To meet the objectives of this Urban Renewal Plan Amendment and to encourage private investment in and the development of the Area, the City may determine to provide financial assistance to qualified private businesses through the making of loans, rebates or grants under all applicable provisions of the Iowa Code, including but not limited to Chapter 15 and 15A, and through the use of tax increment financing under Chapter 403 of the Code of Iowa. 5 a. Loan, Rebates or Grants. The making of loans or grants of public funds to private businesses within the project area may be deemed necessary or appropriate for economic development purposes and to aid in the planning, undertaking and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code of Iowa. Accordingly, in furtherance of the objectives of this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or such other obligations or loan agreements for the purpose of making loans or grants of public funds to private businesses located in the Urban Renewal Area. Alternatively, the City may determine to use available funds for making such loans or grants. b. Tax Increment Financing. The City may utilize tax increment financing as a means to help pay for the costs associated with acquisition and the development of the project area, as well as utilizing such financing to achieve a more marketable, and competitive land offering price and to provide for necessary physical improvements and infrastructure. General obligation bonds, tax increment revenue bonds, internal loans or such other obligations or loan agreements may be issued by the City, and tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): C. Constructing public improvements, such as streets, sanitary sewers, storm sewers, water mains, utilities, rail or other related facilities. i. Making loans or grants to private businesses, including debt service payments on any bonds or notes issued to finance such loans or grants. ii. Providing the local matching share of state or federal grant and loan programs. iii. Encourage the incorporation of energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining LEED certification. iv. Other authorized urban renewal projects. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. Qualifying businesses shall be determined by the City Council. The Council's determination shall be based upon its economic development policy, which may amended from time to time, as may be necessary in Council's discretion, and on additional performance criteria the Council finds appropriate on a case by case basis. Section 7: Conformance with Land Use Policy and Zoning Ordinance The Amendment is consistent with the Iowa City Comprehensive Plan, adopted in 1997, and the Southeast District plan adopted in 2011. The Comprehensive Plan is the general plan for the development of the City as a whole. 0 Comprehensive Plan The Urban Renewal Area is located in the area designated by the Iowa City Comprehensive Plan as the Southeast Planning District. The Iowa City Comprehensive Plan designates the Urban Renewal Area as appropriate for industrial uses. Current Zoning The Area is currently zoned I -1, General Industrial Zone, and ID -1, Interim Development Industrial, which is consistent with this Urban Renewal Plan. Current and Proposed Land Uses The Urban Renewal Area is currently used for agricultural and industrial purposes. This Amendment does not in any way replace the City's current land use planning or zoning regulation process. Section 8: Relocation The City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal projects; however, if any relocation is necessary, the City will follow all applicable relocation requirements. Section 9: Proposed Projects The initial Proposed Projects in the Area, as amended, may include: a. The installation of infrastructure associated with attracting development, including but not limited to, streets, water, sewer, electric and rail infrastructure, and other public infrastructure improvements to a portion of 420th Street and surrounding area. The need for such improvements is expected to be created by development projects within the Urban Renewal Area. b. Offering financial incentives, including but not limited to, the provision of land, grants, loans or other incentives to entities locating in the Area to build a foundry and related support industries for the renewable energy industry. Section 10: Financial Data 1. Constitutional Debt Limit: $ 130,927,980 2. Current general obligation debt: $ 91,565,000 3. Proposed amount of indebtedness to be incurred: Although a specific amount of loans, advances, indebtedness or bonds to be included for projects over time has not yet been determined, it is anticipated that the cost of the proposed projects identified in Section 9 ( "Proposed Projects" above) will be between $55 -65 million, depending on the number and quality of businesses the City is able to attract over time. In no event will debt be incurred that would exceed the City's debt capacity. It is further expected that loans, advances, indebtedness or bonds to be incurred for the Proposed Projects or subsequent projects, including interest on the same, will be financed in whole or in part with tax increment revenues from the Urban Renewal Area. The City Council will consider each request for 7 financial assistance or a project proposal on a case -by -case basis to determine if �t is in the City's best interest to participate. Section 11: Property Acquisition/Disposition The City may provide incentives for land acquisition in the Area. The City will follow applicable procedures for the acquisition and disposition of property. Section 12: Urban Renewal Plan Amendments This Urban Renewal Plan may be amended from time to time for a number of reasons, including but not limited to, to change the boundaries, to add or change land use controls or regulations, to modify goals or types of renewal activities or projects, or to amend property acquisition and disposition provisions. If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after following applicable statutory procedures. Section 13: Consent to Include Agricultural Land The Scott Six Urban Renewal Area contains land that is defined as agricultural land by Iowa Code Section 403.17(3). The City is the sole owner of such land and will consider a resolution consenting to its inclusion within the Urban Renewal Area. Section 15: Effective Period This Urban Renewal Plan, as amended, will become effective upon its adoption by the City Council of Iowa City and will remain in effect until it is repealed by the City Council. With respect to any property covered by this Amendment No. 1 which is included in an ordinance which designates that property as a tax increment area, the use of incremental property tax revenues, or the "division of revenue ", as those words are used in Chapter 403 of the Code of Iowa, is limited to twenty (20) years from the calendar year following the calendar year in which the City first certifies to the County Auditor the amount of any grants, loans, advances, indebtedness or bonds which qualify for payment from the incremental property tax revenues attributable to that Amendment No 1 property. However, the use of tax increment financing revenues (including the amount of grants, loans, advances, indebtedness or bonds which qualify for payment for the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the Urban Renewal Plan shall be limited as deemed appropriate by the Council and consistent with all applicable provisions of law. E ADDENDUM No. 1 Legal Description Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence NOO °03'29 "W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right -of -Way Line of U.S. High -way No. 6 and the Point of Beginning; Thence continuing NOO °03'29 "W, along said West Line, 404.57 feet, to a point on the Easterly Right -of- Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right -of- Way Line of Scott Boulevard and a 1481.54 foot radius curve, concave Northwesterly, whose 385.04 foot chord bears N07 °23'39 "E; Thence N00 °03'29 "E, along said Right -of -Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence NOO° 18'56 "W, along said Right -of -Way Line, 579.87 feet, to a point on the South Right -of -Way of the Heartland Rail Corporation; Thence S62 °09'30 "E, along said South Right -of -Way Line, 749.90 feet; Thence S00 °03'29 "E, 300.25 feet; Thence S1 1'43'38"W, 1240.47 feet; Thence S06 °00'20 "W, 173.94 feet; Thence S02 °29'45 "W, 230.00 feet; Thence S87 °30'15 "E, 266.70 feet; Thence S02 °29'45 "W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears SO1 °12'12 "W; Thence S00 °21'22 "E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89 °38'37 "W, along said South Line, 209.90 feet, to a point on the Northerly Right -of -Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along said Right -of -Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears N59 °59'08 "W; Thence N60 °50'54 "W, along said Right -of -Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record AND Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence NOO °03'29 "W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right -of -Way Line of U.S. High -way No. 6; Thence S60 °50'54 "E, along said Northerly Right -of -Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right -of -Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59 °59'08 "E, to a point on the South Line of said Southwest Quarter; Thence N89 °38'37 "E, along said South Line, 209.90 feet, to the Point of Beginning; Thence NOO °21'22 "W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears NO1 °12'12 "E; Thence NO2 °29'45 "E, 861.87 feet; Thence N87 °30'15 "W, 266.70 feet; Thence NO2 °29'45 "E, 230.00 feet; Thence N06 °00'20 "E, 173.94 feet; Thence NI 1'43'38"E, 1240.47 feet; Thence NOO °03'29 "W, 300.25 feet, to a point on the Southerly Right -of -Way Line of Heartland Rail Corporation; Thence S62 °09'30 "E, along said Southerly Right -of -Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00 °00'45 "E, along said East Line, 990.27 feet; Thence S89 °38'37 "W, 670.00 feet; Thence S00 °00'45 "E, 813.00 feet to a point on the South Line of said Southwest Quarter; Thence S89 °38'37 "W along said South Line, 1380.99 feet, to the point of Beginning. Said tract of land contains 101.57 acres, and is subject to easements and restrictions of record FEW i� Amendment No. 1 Area The NW quarter of the NE quarter of Section 30, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa; also including the west 5.32 acres of the NE quarter of the NE quarter of said Section 30; and including all of the NW, NE, and SW quarters of the SE quarter of Section 19, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa, and all of the SE quarter of the SE quarter of said Section 19 lying north of the southern right -of- way boundary of the Iowa Interstate Railroad; thence beginning at the SE corner of Nathaniel's Addition of the County of Johnson County, which is on the centerline of 4201h Street, west 40% thence W295', N338% E295% and S386'; also that portion of land lying south of the Iowa Interstate Railroad to the centerline of 4201h Street between the western boundary of Nathaniel's Addition and the eastern boundary of the SW quarter of the SE quarter of said Section 19. ADDENDUM No. 2 SCOTT -SIX URBAN RENEWAL AREA MAP City of Iowa City MEMORANDUM Date: July 7, 2011 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Zoning Code Amendments to the Central Business Site Development Standards, Standards for Auto Repair in the CI -1 Zone, and amendments to clarify or correct confusing language or cross - references. Central Business Site Development Standards The site development standards for the Central Business Zones are intended to help ensure that the City's Central Business District develops as an attractive, compact urban area. The standards are "form- based" standards that address the location of buildings and parking areas, and the building form, in particular how building frontages address the public street and sidewalks to ensure that the downtown area remains a mixed use, pedestrian - friendly commercial area. Particular attention is focused on street -level building facades in order to encourage storefront commercial activity, and to prevent blank facades, monotonous streetscapes, and to enhance public safety by providing opportunities for surveillance of the street from the interior of buildings. Excellence in design is encouraged in order to enhance and maintain economic development opportunities in the downtown area. In large part these form -based site development standards are working quite well in achieving the stated purpose. However, as discussed with the City Council at a recent work session, it is a good time to assess our economic development policies and the regulations that help implement those policies with the goal of improving opportunities for investment in the downtown area. While a more in depth review of the standards will be conducted by the planning consultant that the City is in process of hiring to help with the comprehensive planning effort in Riverfront Crossings and Downtown Iowa City, there are several minor changes that staff has identified that will help improve the effectiveness and clarity of the current Central Business site development standards and provide additional flexibility for property owners in situations where there is practical difficulty fully complying with a standard. The proposed changes include: • Clarification regarding setback and frontage requirements for properties that front on City Plaza. Many of the site development standards are intended to address the streetside building fagade, which is the portion of the building that is most visible and accessible to the public. Since properties that abut City Plaza do not have a "streetside" building fagade, language is proposed to clarify that those standards that apply to "streetside" building facades also apply to building facades that face City Plaza, including front setback requirements, storefront window requirements and pedestrian entrance requirements. • Flexibility to adjust required storefront depths in the CB -10 Zone. To ensure that a usable commercial space is established on the ground -level floor of the building, the code specifies that parking areas are not allowed within the first 50 feet of lot depth as measured from the front building line in the CB -10 Zone. While this standard works in most instances, there are some small lots or lots Page 2 that have other characteristics that make it difficult to meet the full 50 -foot depth requirement. Since parking on the ground -level floor of a building requires a special exception, there is a built in review mechanism to consider special circumstances that may warrant a reduction in this storefront depth. Staff recommends allowing the Board of Adjustment additional flexibility to adjust this standard when warranted. Deleting the limitation on the amount of surface and ground -level parking allowed in the CB -5 Zone. Similar to the CB -10 Zone, the CB -5 Zone has standards with regard to location of parking and minimum storefront depth requirements. However, the CB -5 Zone has an additional standard that prohibits more than 50% of a lot to be used for surface parking or ground -level structured parking. As long as the minimum usable storefront space is provided along the building frontage, allowing additional on -site parking on the remainder of the lot may increase the economic viability of new development in the downtown area. A requirement in the CB -10 Zone for the first two floors of new buildings to be constructed to accommodate commercial uses. Market research has revealed that there is a demand for quality office space in the downtown area. However, due the proximity of the University of Iowa to downtown, there is also a high demand for residential apartments. There has been a concern expressed that there has been a proliferation of new buildings in the downtown area that are being constructed in a way that precludes use of the upper floors for office and other non - residential uses. To encourage additional office development in the downtown, staff suggests that both the first and second floors of new buildings in the CB -10 Zone be constructed to meet commercial building code standards and that a larger portion of the second floor fagade be devoted to window openings. Staff also recommends a minimum floor to ceiling height of 11 feet on the second floor. These code changes will ensure that second floor spaces are more attractive and usable for employers seeking downtown office space, but will not prevent the second floor from being used for apartments. A requirement in the CB -10 Zone that the first two floors of a building be built to the side lot line. There has been concern expressed about new buildings constructed in the downtown with small side setbacks (typically about 5 feet), which have resulted in dark, narrow unkempt spaces between downtown buildings. These spaces are unusable, difficult to maintain and are often filled with trash. In addition, there have been cases where developers have tried to use these narrow passages as the only means of access to upper floor apartments. While a side setback is not required in commercial zones, one of the reasons for providing a small side setback is to allow bedroom windows and balconies for upper floor apartments along the side walls of downtown buildings. To provide for a safer and more attractive downtown environment for businesses, residents and visitors, staff recommends requiring the first two floors of a building to be constructed to the side lot line in the CB -10 Zone and the standards for pedestrian building entrances be clarified. Limiting this side setback standard to the first two floors will prevent narrow unkempt spaces between buildings at the street level, but will allow floors above the second level to be stepped back to provide the opportunity for residential windows and balconies. Site Development Standards for the Central Business Service (CB -2) Zone The Central Business Zones (CB -2, CB -5, and CB -10) are intended to promote the development of an active, mixed -use, pedestrian- oriented city center. The zones all allow for a wide variety of businesses, restaurants, services, and entertainment venues, Page 3 and encourage upper floor apartments and condominiums so people have the opportunity to live, work, shop, and seek entertainment in downtown Iowa City. These zones are intended to work in concert, with the highest intensity CB -10 Zone located in the core area of downtown transitioning in intensity to the CB -5 Zone and then to the CB -2 Zone, which is intended for areas on the periphery of downtown. With only a few exceptions,' the uses allowed in these three zones are the same, however, they vary in the scale and intensity of the development allowed. There are currently only two areas zoned CB -2: a portion of the Northside Marketplace along Linn, Bloomington, and North Gilbert Streets; and properties that front on Van Buren Street and Washington Street north of Burlington Street and east of the Chauncey Swan parking facility. During the zoning code revision process in 2005, there was a proposal to eliminate the CB -2 Zone. Its lack of appropriate site development standards promoted an outdated, suburban model of development with buildings setback from the street surrounded by large surface parking areas, which would be out of character for downtown Iowa City and largely unachievable due to the smaller, urban lots that are zoned CB -2. Due to concerns expressed by CB -2 property owners at the time, rather than eliminate the zone, the City Council directed the Planning Department to gather additional public input regarding the CB -2 Zone as part of the Central District planning process and make recommendations for changes that would ensure that future development in these areas is compatible with the existing character of downtown Iowa City and the Northside Marketplace. To that end, two public workshops were held to gather input from business owners, property owners, and nearby residents regarding the Northside Marketplace and the CB -2 Zone. Based on that input, the Central District Plan includes a number of action items that recommend adopting site development standards for the CB -2 Zone that are similar to the standards in the CB -5 and CB -10 Zone that require storefront windows, entrances at grade, buildings located close to the sidewalk and parking located behind buildings but at a lower scale that is compatible with surrounding residential neighborhoods. To achieve the goals expressed by Council and the Central District Plan, staff recommends maintaining the current allowed uses, the height limit of 45 feet and FAR (floor area ratio) of 2, but applying the same Central Business site development standards as apply in the CB -5 Zone, which also includes the possibility for additional floor area bonuses (up to an FAR of 3) to encourage development of quality buildings that will enhance the commercial character of these peripheral central business areas. Standards for Auto Repair in the Intensive Commercial (CI -1) Zone The CI -1 Zone is intended to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. While this zone is intended for these types of uses, it also contains standards to buffer the negative aspects of allowed uses from adjacent residential areas. ' The CB -2 Zone allows a few more auto - serving uses than the CB -5 and CB -10 Zones, including auto repair and drive- through facilities, by special exception. Page 4 Vehicle Repair uses are a good fit in the CI -1 Zone. However, the same site development standards are applied for vehicle repair uses in the CI -1 Zone as apply in other less intense commercial zones. In Staffs view one of these standards has proved to be too restrictive for the CI -1 Zone. The code currently requires that any property containing a vehicle repair use be located at least 100 feet from any residential zone boundary. It has come to our attention that as a result of this standard, which was adopted in 2005, a number of existing auto repair businesses have been classified as "nonconforming uses," and would not be allowed to expand. In addition, new auto repair businesses may not locate areas that have traditionally included these types of uses. Therefore, staff recommends eliminating the distance requirement in the CI -1 Zone and replacing it with a standard that prohibits outdoor work activities between the hours of 10 PM and 7AM and includes a noise standard for indoor work activities during nighttime hours for those auto repair businesses located in a CI -1 Zone that abut a residential zone boundary. Staff believes that this standard along with the existing screening standards will be a more appropriate and reasonable standard for auto repair uses in the CI -1 Zone. Amendments to Clarify or Correct Code Language In all Commercial Zones, if a side or rear setback is provided where not required, the side or rear setback must be at least 5 feet. This standard was carried over from the old code, but has proved unworkable in a number of recent developments. It is not clear what purpose this standard is serving, since current building code standards regulate proximity of buildings, standards for noncombustible materials and other related fire code standards, so it is unnecessary for this standard to be in the zoning code. Staff recommends deleting it. As a result of the zoning code that was adopted in 2005, permission for locating required parking on a separate lot in most commercial zones can now be granted administratively without the need for a special exception. However, a cross reference acknowledging this change is missing from the Accessory Use article of the code. Staff recommends correcting this oversight. Recommendation Staff recommends that the zoning code be amended as indicated on the following pages. The underlined text is the suggested new language and strike - through notation indicates text that will be deleted. All other language in the subject code section will remain unchanged. Approved by: ..___........., Department of Planning and Community Development Amend 14 -2C -8, CB -5 and CB -10 Zone Site Development Standards, as follows: A. Purpose The following site development standards are intended to help ensure that the City's Central Business District develops as an attractive, compact urban area. The standards ensure that parking facilities are integrated into the design of developments so that streets are safe and attractive for pedestrians. Particular attention is focused on street -level building facades in order to prevent fortress -like facades, monotonous streetscapes, and to enhance public safety by providing opportunities for surveillance of the street from the interior of buildings. Excellence in design is encouraged in order to enhance and maintain economic development opportunities in the downtown area. B. Applicability and Procedure The standards of this Section apply to all development in the CB -2, CB -5 and CB -10 Zones. C. C13-2, C13-5 and CB -10 Site Plan Review Procedure 1. Prior to submitting a request for site plan review, the developer must participate in a pre - application conference with the Director of Planning and Community Development or designee to discuss the application of the GB 5 and GB ' 0 'ene Central Business Site Development Standards to the subject property. 2. Review for compliance with the standards and requirements of this Section will occur concurrently and as a part of the site plan review process. 3. Alternative design solutions may be approved if it is demonstrated that the alternatives meet the intent of this Section. D. Minimum Setback 1. A setback is not required, except for buildings that abut Burlington Street. 2. The first story of buildings that abut Burlington Street must be set back 10 feet from the right -of -way line. Building columns supporting upper stories may be located within this 10 -foot setback, provided that an adequate pedestrian passageway is maintained. 3. Doorways adjacent to a right -of -way must be set back so that doors do not swing into a right -of -way. Similarly, stairways and ramps must not be located in a right -of- way. E. Maximum Setback 1. No portion of the first story of a building shall be set back more than 12 feet from the a front or streetside lot line, or a lot line that abuts City Plaza. If a setback is provided, the setback area must be used for one or more of the following purposes: a. Building facades that are recessed in accordance with the articulation standard in subsection L, below; b. Building entrances, including stoops, stairways and ramps; C. Trees and landscaping; d. Pedestrian plazas; e. Arcades; f. Public art; g. Sidewalk cafes. 2. In the CB -10 Zone, to prevent unsafe, unkempt spaces between buildings, the first two stories of a building must be built to the side lot line, unless the subject building wall abuts an alley or usable outdoor space, such as a plaza, green, courtyard, or mid -block pedestrian passage. Minor adjustments to this standard may be approved by the Building Official to account for irregular lot lines or to accommodate structural requirements, such as installing footings or foundations, or to maintain the structural integrity of an adjacent building, as long as the intent of this standard is achieved. F. Parking in the CB -10 Zone Off- street parking is strictly regulated in the CB -10 Zone according to the procedures and standards listed in Article 14 -5A, Off- street Parking and Loading Standards. G. Surface parking location standards in the B -2 and CB -5 Zones If surface parking and loading areas are provided on the street level, they must be subordinate to a principal use allowed in the zone. Therefore, the following standards apply: 1. Location a. Parking and loading is not permitted for the first 30 feet of lot depth as measured from the front building line. Surface parking, parking within accessory structures, and all loading and unloading facilities must be located behind principal building(s) and concealed from view of fronting streets. Parking and loading areas may not be located between the building and the street or within any side setback area. b. Parking and loading areas must be set back at least 5 feet from any side or rear lot line that abuts a non - residential zone. Any specific locations along a side or rear lot line where a parking area, aisle or drive is shared with an abutting lot may be exempted from this standard. C. Parking and loading areas must be set back at least 10 feet from any rear or side lot line that abuts a Residential Zone. 2. Drives a. Vehicular access to parking should be located and designed to minimize traffic congestion and hazards to pedestrians and to preserve street frontages for active building uses. If available, alley or rear lane access is preferred. If alley access is not feasible due to topographical limitations or other unique circumstances, driveway access from a street may be allowed, but must be designed in a manner that will best meet the objectives listed in this subparagraph. b. Drives that are internal to a parking area, including drives that provide circulation around the perimeter of a parking area are considered part of the parking area and must meet the location standards for parking areas as specified above. Drives that are external to a parking area must be set back at least 3 feet from any abutting property that is zoned non - residential, unless the drive is pitched or curbed and drained to prevent the flow of water onto adjoining property or unless a drainage course has been established along lot lines to handle storm water run -off. Any specific locations along a side or rear lot line where a drive is shared with an abutting lot may be exempted from these standards. C. Drives that are external to a parking area must be set back at least 10 feet from any abutting property that is zoned Residential. 3. Landscape Screening a—.—A'! areas ef the site that aFe net used feF buildings, paFking, YehieulaF and pedesti is, sidewalk eafes, and plazas, must be landseaped with tFees- and/eiz plant mateicials. A landseaping plan feF sueh aFeas must be submitted feF site -plar;- b. Any portion of a surface parking area that is not completely concealed from view of a fronting street must be screened to the S2 standard (See Article 14 -5F, Screening and Buffering Standards). Parking areas, loading areas, and drives must be screened from view of abutting properties to at least the S2 standard. Additional screening is required for properties that abut properties zoned Residential. Parking areas, loading areas, and drives must be screened from view of any abutting property zoned Residential to at least the S3 standard. The City may exempt from this landscaping requirement any specific locations along a side or rear lot line where a parking area, aisle or drive is shared with an abutting lot. C. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human -made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. H. Landscaping All areas of the site that are not used for buildings parking vehicular and pedestrian use areas, sidewalk cafes, and plazas, must be landscaped with trees and /or plant materials A landscaping plan for such areas must be submitted for site plan review. I. Drive - Through Facilities Drive - through facilities are not permitted in the CB -5 and CB -10 Zones. J. Mechanical Equipment, Utility Meters, and Dumpsters 1. In no case shall mechanical equipment or utility meters be located along the street side of a building. Mechanical equipment and meters must be placed at the rear of the property whenever possible. If this cannot be achieved, such equipment may be located along the side of the building, provided that the equipment is screened and set back according to the provisions for mechanical structures set forth in Article 14- 4C, Accessory Uses and Buildings. 2. Dumpsters and recycling bins must be located in areas that are not visible from public streets and may not be located in a right -of -way. K. Outdoor Storage and Display 1. Outdoor storage and display areas are not permitted in the CB -L, CB -5 and CB -10 Zones, except for approved Temporary Uses (see Article 14 -4D of this Title) and Special Exceptions (see Article 14 -4B of this Title). 2. The storage of combustible or flammable materials or liquids is strictly regulated according to the provisions of Article 14 -5H, Performance Standards, and according to the International Fire Code, as amended. L. Commercial Suace 1. On the ground level floor of a building, the floor to structural ceiling height must be at least 14 feet. 2. In the CB -10 Zone, on the second floor of a building, the floor to structural ceiling height must be at least 11 feet. 3. In the C13-2 and C13-5 Zones, the first floor of a building must meet the Building Code specifications for commercial uses. In the CB -10 zone, for the first two floors of a building, construction must meet the Building Code specifications for commercial uses. M. Building Entrances 1. Primary building entries must be distinguished by at least two of the following means: a. Canopies or awnings; b. Recesses; C. Raised cornice or similar architectural features; d. Architectural details, such as tile work and moldings that are integrated in the building structure and design. 2. To encourage commercial activity at the street level, entrances to storefronts must be at grade and the ground -level floor height should be no more than one foot above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground -level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground -level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street - facing building fagade. 3. To_grovide safe access for residents within a mixed -use building, any building containing a residential use must have at least one door located on the on the exterior of the building that provides pedestrian access to the dwelling units within the building. Said entrance must be located on a building wall that faces a street, public sidewalk, or pedestrian plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access to dwelling units must not be solely through a parking garage or from an alley. N. Street level `•'0"' ews Minimum Fenestration 1. Along any street - facing building facade and along any portion of a storefront fad that abuts a pedestrian plaza, a minimum of 50 percent of the building fagade between 2 and 10 feet in height from the adjacent exterior grade must be comprised of transparent windows and doors. Such windows must allow views into the interior space or be storefront display windows that are set into the wall. Display cases attached to the outside building wall do not qualify. Ideally, the bottom of such storefront windows must be Fie FneFe than should be no more than 2 feet above the level of the adjacent exterior grade. However, on sloping sites where it is difficult to meet this 2 -foot standard, the height above grade may vary, but shall not exceed 4 feet above the level of the adjacent sidewailE exterior grade (See Figure 2C.2). Glazing shall be clear glass with no more than ten percent daylight reduction (tinting). Glazing shall not be reflective (mirrored). 2. In the CB -10 Zone, to encourage office and other commercial uses on the second floor of a building, no less than 30% of any second floor fagade that faces a public street or pedestrian plaza shall be comprised of windows. Glazing shall not be reflective (mirrored). O. Building Articulation 1. For buildings greater than 50 feet in width, the horizontal plane of any street - facing fagade of the building must be broken into modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: (1) Variation in the wall plane by recessing a building module from the adjacent building module; (2) Variation in material colors, types or textures; (3) Variation in the building and /or parapet height; (4) Variation in the architectural details such as decorative pilasters, banding, reveals, stone or tile accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. 2. For buildings that are 50 feet or less in width, at least every 12 feet in length of the street - facing wall must be articulated by a window, doorway, perceptible change in the wall plane, setback, artwork, or a change in building material. P. Balconies and exterior stairways, corridors and lifts For purposes of this subsection the term," exterior stairways," refers to stairways that lead to floors of a building that are above the first or ground -level floor of a building. "Exterior corridors" refers to unenclosed corridors located above the first or ground -level floor of a building. Balconies and exterior stairways, Exterior corridors and exterior lifts must comply with the following standards: Exterior stairways, exterior corridors, and exterior lifts are prohibited, with the following exceptions. The City will allow exterior lifts on existing buildings that cannot otherwise reasonably meet accessibility requirements, provided the lift is not located on a wall of a building that faces a street or the City Plaza. The City may allow exterior fire egress structures on existing buildings that cannot otherwise reasonably meet code requirements, provided the fire egress structure is not located on a wall of a building that faces a street or the City Plaza. 2. Balconies may not be located on any side of a building that is adjacent to a property that is zoned Single Family Residential. 3. The outer edge of a balcony shall not be closer than 4 feet from a side lot line. 4. The design of any balcony must utilize columns, piers, supports, walls, and railings that are designed and constructed of materials that are similar or complementary to the design and materials used for the rest of the building. Unpainted and unstained lumber is not permitted. Q. Bonus Provisions The following bonus provisions are intended to provide an incentive for developments to incorporate features that provide a public benefit and to encourage excellence in architectural design. Floor area in excess of that allowed by the permitted base floor area or dwelling units in excess of the density otherwise achievable under the provisions of this Article may be granted. The Director of Planning and Community Development will determine whether the proposed features are appropriate in design and location. Decisions of the Director may be appealed to the Board of Adjustment. Bonuses allowed are enumerated in Table 2C -4. Table 2104: Bonus Provisions Public 'Benefit Bonus Allowed CB -2 and CB -5 Zone Masonry finish or architectural metal, not including metal siding, on 0.75 floor area ratio. all non - fenestrated areas of walls visible from a public street. For purposes of this provision, 'masonry' shall be defined as fired brick, stone, or similar such material, not including concrete blocks and undressed poured concrete. Masonry may include stucco or like material when used in combination with other masonry finish. The provision of a theater 5 sq. ft. of floor area for every 1 sq. ft. of theater area. The provision of funds for all street furniture, lighting and 0.25 floor area ratio. landscaping improvements along adjacent street right -of -way in accordance with the any streetscape plan approved by the City. Provision of pedestrian activity areas, such as sidewalk cafes, 3 sq. ft. of floor area for every 1 sq. ft. of pedestrian adjacent to but not in the public right -of -way, provided such areas activity area. do not exceed a depth of 12 feet from the front lot line. Usable open space of size and at a grade that, at a minimum, 2 sq. ft. of floor area for every 1 sq. ft. of usable open allows passive recreational uses and is accessible to all residential space. occupants of a building. Such space may include areas such as yards, courtyards, terraces, and rooftop gardens designed and improved for outdoor activities. Balconies serving individual dwelling units and required setback areas are not eligible for this bonus. Adaptive reuse of any property designated as an Iowa City Up to 3 sq. ft. of floor area for every 1 sq. ft. of floor area Landmark, eligible for landmark designation, registered on the reused. Additional floor area may be constructed on the National Register of Historic Places, or listed as a historically vacant portions of the property that is being reused or on significant building as determined by the Survey and Evaluation of abutting properties. the historic and architectural resources for the vicinity. CB -10 Zone Provision of an off - street loading area that meets the requirements An additional 2.0 floor area ratio, not to exceed 12. set forth in Article 14 -5A, Off- street Parking and Loading Requirements. Amend Table 2C -2(a), as follows: Table 2CG2(a): Dimensional Requirements for all Commetcial Zones, except the MU Zone mairimum Minimum Lot Requirements Minimum Settsscks racks Suiidi auik AMW Zone Total din' Min Area dwelling Width Fron(tt�e Front ' Side Rear Front Max Ht FAR ( unit (ft.) (ft.) A) (ft.) (ft) Ht. (n) (s.f) (ft) CO -1 none 2,725 none none 10 0' 0' none 258 none 1 or 33 CN -1 none 1,800 none none 5 0' 0' See Section 22 or 352 18 1 14 -2C -7E CH -1 none n/a 100 none 10 01 01 none none none 1 CI-1 none n/a none none 10 01 0' none 35 none 1 CC -2 none 2,725 none none 10 Ot Ot none 35 none 2 C13-2 none 875 none none 0 01 0' Alone 45 none 2? C13-5 none none none none 0 or 104 01 01 12 75 25 35 CB -10 none none none I none 1 0 or 104 0' 0' 12 none 25 108 Notes: n/a = not applicable A side setback or rear setback is not required where the side lot line or rear lot line abuts a nonresidential zone. However, where a side lot line or rear lot line abuts a Residential Zone, a setback at least equal to the required setback in the abutting Residential Zone must be provided along the Residential Zone boundary. 2 Maximum height is 22 feet for one -story buildings, with the following exception. One -story buildings may exceed 22 feet in height if there are clerestory windows facing the street that give the appearance of second floor space. The maximum height for all other buildings is 35 feet. 3 Maximum FAR is 1, except for lots across the street from RM, C, or I Zones. The maximum FAR is 3 for lots across the street from RM, C, or I Zones. 4 A front setback is not required, except for buildings that front on Burlington Street. Buildings must be set back at least 10 feet from the Burlington Street right -of -way. Building columns supporting upper stories may be located within this 10 -foot setback provided an adequate pedestrian passageway is maintained. 5 Maximum FAR is 3, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a maximum of 5. 8 Maximum FAR is 10, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a maximum of 12. 'Maximum FAR is 2, except for lots with an approved FAR bonus. For lots with approved FAR bonuses the FAR may be increased up to a maximum of 3. 8 Additional height is allowed under certain circumstances. See Section 14- 2C -4C -1 d(2). Amend 14 -2C -6, Commercial Site Development Standards, as follows: 14-2C-6 Commercial Site Development Sta.. . A. Purpose The Commercial Site Development Standards ensure that commercial development is compatible in scale and intensity to the surrounding development, unsightly elements are screened from public view, and that safe pedestrian and vehicular circulation is established. B. Applicability 1. The standards of this Section apply to all development in the CO -1, CC -2, CI -1, and CH -1, and GB 2 Zones, unless specifically exempted. 2. Development in the CN -1 Zone is subject to the CN -1 Site Development Standards specified in Section 14 -2C -7. 3. Development in the CB -2. CB -5 and CB -10 Zones is subject to the GB ` and G ' ^ Central Business Site Development Standards specified in Section 14 -2C -8. 4. Development in the MU Zone is subject to the MU Zone Site Development Standards specified in Section 14 -2C -9. C. Site Plan Review Procedure Review for compliance with the standards and requirements of this Section will occur as a part of the site plan review process (See Title 18 of the City Code). D. Surface Parking Lot Setback Requirements 1. Front setback requirements Parking and loading areas must be set back at least 10 feet from any front and street -side lot lines. However, any loading area, parking spaces or aisles located within 50 feet of a Residential Zone boundary must be set back at least 20 feet from the front or street -side lot line. 2. Side and rear setback requirements Parking and loading areas must be setback at least 5 feet from any (non - street -side) side or rear lot line. However, parking and loading areas must be set back at least 10 feet from any side or rear lot line that abuts a property zoned Residential. The City may exempt from these setback regulations any specific locations along a lot line where a parking area, aisle or drive is shared with an abutting lot. 3. Drives a. Drives that are internal to a parking area, including drives that provide circulation around the perimeter of a parking area are considered part of the parking area and must meet the setback standards as specified above. Drives that are external to a parking area must be set back at least 3 feet from any abutting property that is zoned non - residential, unless the drive is pitched or curbed and drained to prevent the flow of water onto adjoining property or unless a drainage course has been established along lot lines to handle storm water run -off. Any specific locations along a side or rear lot line where a drive is shared with an abutting lot may be exempted from these standards. b. Drives that are external to a parking area must be set back at least 10 feet from any abutting property that is zoned Residential. E. Drive - Through Facilities Drive - through facilities are regulated as an accessory use and are only allowed in certain zones according to the provisions specified for drive - through facilities in Article 14 -4C, Accessory Uses and Buildings. F. Pedestrian, Bicycle, and Vehicular Circulation The site must be designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation according to the following standards: 1. Pedestrian walkways must be provided between principal buildings and abutting rights of way. The walkways provided on -site must connect to adjacent public sidewalks and trails. 2. On commercial sites with multiple buildings, sidewalks or other approved pedestrian routes must be provided between the principal buildings on the site. The City may exempt commercial sites where pedestrian traffic between buildings is rare or unlikely. 3. Pedestrian routes must be provided on -site that connect parking areas to building entrances. Pedestrian routes from and through parking areas to principal building entrances must be identified on the site plan and integrated into the parking lot design. 4. Pedestrian routes must be continuous, clear of obstructions, and easily identifiable as protected pedestrian routes. Landscaping, curbing, raised paving, bollards, distinctive paving materials, and other similar means may be used to separate and protect pedestrian routes from vehicular traffic. 5. Bicycle parking facilities must be located in areas convenient to building entrances, but must be located so as not to impede pedestrian or vehicular traffic. G. Landscaping and Screening 1. All areas of the site that are not used for buildings, parking, vehicular and pedestrian use areas, sidewalk cafes and plazas, must'be landscaped with trees and /or plant materials. A landscaping plan must be submitted for site plan review. 2. Surface parking areas, loading areas, and drives must be screened from view of public rights -of -way to at least the S2 standard (See Article 14 -5F, Screening and Buffering Standards). 3. Surface parking areas, loading areas, and drives must be screened from view of abutting properties to at least the S2 standard. Additional screening is required for properties that abut properties zoned Residential. Parking areas, loading areas, and drives must be screened from view of any abutting property zoned Residential to at least the S3 standard. The City may exempt from this landscaping requirement any specific locations along a side or rear lot line where a parking or loading area, aisle or drive is shared with an abutting lot. 4. Where a lot occupied by a Commercial or Industrial Use abuts or is across a street or railroad right -of -way from a Residential Zone, Daycare Use, Educational Facility, Parks and Open Space Use, or the Iowa River, any parking and loading areas and outdoor work and storage areas must be located behind buildings or screened from view of said uses and zones to at least the S3 standard. 5. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human -made features, such that the screening is effectively provided and the intent of the standard is met, as determined by the Building Official. H. Mechanical Structures All mechanical structures must be set back and screened from public view according to the applicable provisions set forth in Article 14 -4C, Accessory Uses and Buildings. I. Outdoor Storage and Display 1. In the CO -11, and CC -2 Outdoor storage and display of materials is not permitted in the CO -1 or CC- 2, -e� 2- Zones, except for the following: ' a. Outdoor display of merchandise for immediate sale is permitted in areas immediately adjacent to a principal building. However, the display area may not be located along any building wall that is within 20 feet of a public street and may not be located in a manner that obstructs building entrances and exits, sidewalks, bicycle parking areas, pedestrian routes, or vehicular use areas. b. An approved Temporary Use. A temporary use permit is required (See Article 14 -4D). C. In the CC -2 Zone, an approved Outdoor Storage and Display- Oriented Retail Use. Amend 14- 48 -4A -7, as follows: 7. Multi - Family Uses in the CO -1, CN -1, CC -2, CB -2, CB -5, CB -10 Zones a. Location The proposed dwellings must be located above the street level floor of a building, except as provided in subparagraph e., below. b. Maximum Density (1) In the CO -1 and CC -2 Zones: 1 dwelling unit per 2,725 square feet of lot area. (2) In the CN -1 Zone: 1 dwelling unit per 1,800 square feet of lot area. (3) In the CB -2 Zone: 1 dwelling unit per 875 square feet of lot area. (4) In the CB -5 and CB -10 Zones: No maximum. C. Residential Entrances (i) To provide safe access for residents within a mixed -use building, any building containing a Residential Use must have at least one door on the on the exterior of the building that provides pedestrian access to the dwelling units within the building. Said entrance must be located on a building wall that faces a street, public sidewalk, or pedestrian plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access to dwelling units must not be solely through a parking garage or from an alley. (2) Access to entrance doors of any individual dwellings units above the ground level must be provided from an enclosed lobby or corridor and stairway. Unenclosed or partially enclosed exterior stairways are prohibited. However, the City may allow exterior fire egress structures on existing buildings that cannot otherwise reasonably meet code requirements, provided the fire egress structure is not located on a wall of a building that faces a street. (3) To facilitate commercial uses at the street level, the ground -level floor height should be no more than one foot above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground -level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground -level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street - facing building facade. d. Standards for the Ground Level Floor of the Building (1) On the ground level floor, the floor to ceiling height must be at least 14 feet. (2) For the ground level floor of the building, construction must meet the Building Code specifications for commercial uses. (3) In the CB -10 zone, for the first two floors of a building, construction must meet the Building Code specifications for commercial uses. e. CB -10 Exception In the CB -10 Zone, except as prohibited in subsubparagraph (4), below, the Board of Adjustment may grant a special exception for Multi - Family Dwellings to be located on or below the street level floor of a building, provided that the following criteria are met. (i) The proposed dwellings will be located on a property designated as an Iowa City Historic Landmark. A rehabilitation plan for the property has been reviewed and approved by the Iowa City Historic Preservation Commission. The rehabilitation of the property must be completed according to this plan before an occupancy permit is granted. (2) The proposed dwellings will not significantly alter the overall commercial character of the CB -10 Zone. (3) There are site conditions or building characteristics that make the street level of the subject building or buildings unsuitable for other uses allowed in the CB -10 Zone. (4) If an existing building on a landmark property includes three or more of the following commercial storefront characteristics, dwellings are prohibited on or below the street level floor of that building: (a) The main entrance to the building is at or near grade; (b) The front fagade of the building is located within ten feet of the front property line; (c) The front facade of the building contains ground floor storefront or display windows; and (d) The street level floor of the building was originally constructed to accommodate Sales- Oriented and Personal Service- Oriented Retail Uses and /or has historically been used for these purposes. Amend 14- 5A -3D, CB -10 Zone, as follows: D. CB -10 Zone 1. Off - street parking is not required for any Use, except Household Living Uses, as specified in Table 5A -1. 2. Private, off- street parking is permitted only after approval of a special exception, except for Hospitality- Oriented Retail Uses and Household Living Uses as specified in the following paragraphs. 3. Hospitality- Oriented Uses are allowed up to 1 -1/4 parking spaces for each guest room and parking spaces equal to 1/3 the occupant load of any meeting or convention facilities without going through the special exception process. Any parking spaces allowed under this maximum must meet the standards specified in subparagraphs 5b. through e., below. Any parking spaces requested beyond this maximum must be approved by the Board of Adjustment as a special exception and meet all of the approval criteria listed in paragraph 5, below. 4. Household Living Uses must provide parking according to the specified requirement in Table 5A -1. The parking must meet the standards specified in subparagraphs 5b. through e., below. If it can be demonstrated that there is practical difficulty providing the reauired parking for Household Living Uses on site off -site parking pFeyesed for Household Living Uses may be approved by special exception according to the provisions of 14- 5A -4F, Alternatives to Minimum Parking Requirements. 5. In addition to the general special exception approval criteria specified in Article 14- 46, applications for a special exception for private off - street parking in the CB -10 Zone must meet the following specific approval criteria: a. The applicant must demonstrate through a parking demand analysis that the number of parking spaces requested does not exceed the demand for parking for the specific building or project proposed and that the parking demand cannot be satisfied through the public parking system. Short term parking demand is preferred to be satisfied through the public parking system. b. Surface parking is not permitted. C. Underground parking is preferred over above - ground structured parking. The design of any underground parking must not detract from or prevent active building uses on the ground -level floor of the building. To that end, the ceiling height of any underground parking level may not extend more than 1 foot above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street - facing building facade. d. Above - ground structured parking may be approved only by special exception according to the standards in subparagraph e., below. e. Where parking is located within the exterior walls of a building, the following standards apply: (1) The proposed structured parking will not detract from or prevent ground floor storefront uses. Structured parking may be permitted on the ground - level floor of a building, provided that a substantial portion of the ground level floor of the building is reserved for and built to accommodate storefront uses. On the ground level floor of the building, parking is not allowed within the first 50 feet of building depth as measured from the front building line. The Board may reduce this storefront depth requirement if the applicant demonstrates that conditions on the subject property create a practical difficulty in achieving full compliance. In such a case, the applicant must demonstrate that the resulting alternative storefront space, both the interior and exterior, will be of a quality in both design and materials that will enhance the commercial character of the Central Business District. To mitigate for loss of ground floor commercial space, the Board may also require additional quality commercial space be included on an upper floor or mezzanine level and said space reserved for non- residential uses. (2) Vehicular access to parking within buildings must be from a rear alley or private rear lane, whenever feasible. Garage openings along the primary street frontage are not permitted if access is feasible from another street or from a rear alley, private street or private rear lane. If there is no other feasible alternative, a garage opening may be allowed along the primary street frontage, if the Board determines that the opening(s) will not detract from or unduly interrupt pedestrian flow along the street and traffic and pedestrian safety will not be compromised. Garage openings shall be built to the minimum width necessary for access. (3) Any exterior walls of a parking facility that are visible from a public or private street must appear to be a component of the fagade of the building through the use of building materials, window openings and fagade detailing that is similar or complementary to the design of the building. (4) Each entrance and exit to the parking area must be constructed so that vehicles entering or leaving the parking area are clearly visible to a pedestrian on any abutting sidewalk at a distance of not less than 10 feet. Stop signs and appropriate pedestrian warning signs may be required. Amend 14- 5A -5F, Standards for Structured Parking in Multi - Family and Commercial Zones F. Standards for Structured Parking in Multi- Family and Commercial Zones The following standards apply to structured parking in all Multi - Family Zones and all Commercial Zones, except the CB -10 Zone. Standards for structured parking in the CB -10 Zone are specified in Subsection 14- 5A -3D, above. 1. In the CN -1, CB -2, CB -5, and the MU Zones the ground -level floor of a building is reserved primarily for principal uses allowed in the zone. Therefore, any parking located with the exterior walls of the building must meet the following standards: a. Structured parking is not permitted on the ground -level floor of the building for the first 30 feet of lot depth as measured from the minimum setback line. In the CN -1 Zone it is measured from the "build -to" line. C. The ceiling height of any underground parking may extend no more than 1 foot above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground -level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground -level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street - facing building facade. Amend 14- 4B- 4B -23, Vehicle Repair in the CC -2, CI -1, CH -1, and CB -2 Zones, as follows: 23. Vehicle Repair in the CC -2, CI -1, CH -1, and CB -2 Zones a. The property containing the Vehicle Repair Use must be located at least 100 feet from any Residential Zone boundary, except in the CB -2 and CI -1 Zones. In the CB -2 Zone, the property containing the Vehicle Repair Use must be located at least 70 feet from any Residential Zone boundary. In the CI -1 Zone, if a Vehicle Repair Use is located on a property that abuts a residential zone boundary, the use must comply with the following additional standard: (1) In addition to the applicable Noise Control provisions set forth in City Code Section 6 -4 -3, all outdoor work operations are prohibited between the hours of 10 PM and 7 AM. Any indoor operations that result in noise exceeding 60 dba as measured at the residential zone boundary are prohibited between the hours of 10 PM and 7 AM. b. No vehicle shall be stored on the property for more than 45 continuous days. C. The site must be designed to minimize views of vehicular use areas from the public right -of -way and from adjacent properties. (1) Outdoor storage areas, including storage of vehicles to be repaired, must be concealed from public view to the extent possible. If it is not feasible to conceal the storage areas behind buildings, the storage areas must be setback at least 20 feet from any public right -of -way, including public trails and open space, and screened from public view to at least the S3 standard. (2) Other vehicular use areas that abut the public right -of -way, including parking and stacking spaces, driveways, aisles, and service lanes, must be set back at least 10 feet from the public right -of -way and landscaped according to the S2 standard. (3) All outdoor storage areas that abut other properties must be fenced to the S5 standard and screened to at least the S3 standard (See Article 14 -5F, Screening and Buffering Standards). Landscape screening must be located between the fence and the abutting property. The landscape screening requirement may be waived by the Board of Adjustment (in the case of a special exception) or by the Building Official, upon presentation of convincing evidence that a planting screen cannot be expected to thrive because of intense shade, soil conditions, or other site characteristics. The presence of existing pavement, by itself, shall not constitute convincing evidence. outdoor work and storage areas must be located behind buildings or screened from view of said uses and zones to at least the S3 standard. 5. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human -made features, such that the screening is effectively provided and the intent of the standard is met, as determined by the Building Official. H. Mechanical Structures All mechanical structures must be set back and screened from public view according to the applicable provisions set forth in Article 14 -4C, Accessory Uses and Buildings. I. Outdoor Storage and Display 1. In the CO -17 and CC- 2. and -GB-2 Zones Outdoor storage and display of materials is not permitted in the CO -1 or CC -2, eF G8- -2-Zones, except for the following: a. Outdoor display of merchandise for immediate sale is permitted in areas immediately adjacent to a principal building. However, the display area may not be located along any building wall that is within 20 feet of a public street and may not be located in a manner that obstructs building entrances and exits, sidewalks, bicycle parking areas, pedestrian routes, or vehicular use areas. b. An approved Temporary Use. A temporary use permit is required (See Article 14 -4D). C. In the CC -2 Zone, an approved Outdoor Storage and Display- Oriented Retail Use. Delete subparagraph 14- 2C- 48 -3a., Side and Rear Setbacks Amend Subsection 14- 4C -1D., os follows: Article C. Accessory Uses and Buildings 14-4C-1 General Approval Criteria Accessory uses, buildings or other structures customarily incidental to and commonly associated with a permitted use, provisional use or special exception are permitted, provided they are operated and maintained according to the following standards: A. The accessory use is subordinate to the principal use of the property and contributes to the comfort, convenience or necessity of occupants, customers, or employees of the principal use; B. The accessory use, building or structure is under the same ownership as the principal use or uses on the property; C. The accessory use, building or structure does not include structures, structural features, or activities inconsistent with the uses to which they are accessory; D. Except for off - street parking located on a separate lot as approved according to the provisions set forth in subsection 14- 5A -4F, Alternatives to Minimum Parking Requirements, , the accessory use, building, or structure is located on the same lot as the principal use or uses to which it is accessory; and E. The accessory use, building, or structure conforms to the applicable base zone regulations and to the specific approval criteria and development standards contained in this Article. PLANNING AND ZONING COMMISSION PRELIMINARY JUNE 2, 2011 — 7:00 PM — FORMAL LOBBY CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Wally Plahutnik, Michelle Payne, Tim Weitzel MEMBERS ABSENT: Elizabeth Koppes, Carolyn Stewart Dyer STAFF PRESENT: Karen Howard, Greenwood Hektoen OTHERS PRESENT: Jim Swaim, Mike Rittenmeyer RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 4 -1 ( Plahutnik in the negative; Koppes and Dyer absent) to recommend approval of an amendment to Title 14, Zoning Code, to add a definition of "Parental Group Home" as a type of Group Household, where up to three single parents live together with their babies /toddlers in a single dwelling unit for purposes of social and /or economic support. The Commission voted 5 -0 ( Koppes and Dyer absent) to recommend approval of a request submitted to Johnson County by Michael and Helen Rittenmeyer for a Conditional Use Permit to allow a truck and equipment storage business as a home business for property located in the Agricultural (A) zone at 4525 Taft Avenue SE. This property is within Area B of the Johnson County /Iowa City Fringe Area. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CODE AMENDMENT ITEM: Discussion of an amendment to Title 14, Zoning Code, to add a definition of "Parental Group Home" as a type of Group Household, where up to three single parents live together with their babies /toddlers in a single dwelling unit for purposes of social and /or economic support. Howard summarized the staff memo explaining that occupancy within a dwelling unit is Planning and Zoning Commission June 2, 2011 - Formal Page 2 of 8 determined by what constitutes a "household" as defined in the zoning code. In single family zones, a household is defined as a single person, or a family, or a group of not more than 3 unrelated persons occupying a dwelling unit as a single housekeeping organization; or a group of persons that meet the definition of a "Group Household." Group Households include three different types of "group homes," including elder group homes, elder family homes, and family care homes. The City was approached by Jim Swaim, director for United Action for Youth, regarding a residential program where two or three young mothers, most often teen mothers, would live together in one dwelling unit with their infants as one household, providing each other mutual support. The residents of the household would also receive supportive services from UAY, such as parenting and work skills classes. To allow this type of household, staff suggests creating a definition for a new type of group household, a "Parental Group Home." Howard explained that right now up to three pregnant teens or young adults can live in one dwelling unit and be considered one household, similar to any other group of three unrelated individuals. However, once the babies are born, the occupancy would exceed three unrelated persons, so would be considered an over - occupied situation. By creating a new category, Parental Group Home, this type of supportive living arrangement could continue after the babies are born. Howard stated that the definition proposed in the staff memo would allow up to "three teenagers or adults and up to four children under five years of age, each of whom is related by blood to at least one of said teenagers or adults, placed in a residential dwelling unit by a government or social service agency and occupying said dwelling unit as a single housekeeping unit for purposes of social and /or economic support." Howard explained that this type of household would be of similar size to what is allowed for the other types of group households. For example, family care homes allow up to eight persons with verifiable disabilities to live together within one dwelling unit. Eastham asked whether this definition would include adopted children. Howard stated that the intent was to allow the possibility for unwed teen mothers to live together after their babies are born in a mutually supportive environment. It was not anticipated that teenagers would be adopting children, although adopted children are certainly included in the City's definition of family. A family of any size as defined in the zoning ordinance can live together within a dwelling unit. Plahutnik inquired whether there was any limit on the age of the parents or whether it was intended to be defined broadly. Howard stated that it was staff's understanding that while many of UAY's clients would be teenagers, that young adults, 18, 19, 20 -years of age would also qualify. Howard stated that Jim Swaim was present at the meeting and could better answer specific questions regarding the proposed program. Payne inquired whether this type of group home would require placement by a social service agency or whether any three single parents could meet this group home definition. Howard stated that as written it would require placement by a government or social service agency. Freerks opened the meeting to public discussion. Jim Swaim, director of United Action for Youth, addressed the Commission and explained the program. He stated that their preferred model is to purchase a duplex and place two pregnant teens or young adults within each unit. The idea is to provide a situation that the mothers find mutually supportive. He confirmed that the program would include young moms in their twenties as well as teenagers. They have received a federal HOME grant for this program. Planning and Zoning Commission June 2, 2011 - Formal Page 3 of 8 A commission member asked Mr. Swaim how long each teen parent is allowed to stay in the dwelling. Swaim stated that it is intended to be supportive housing that will help teen moms to transition into more permanent, stable housing. He stated that the program is typically for 18 months of supportive housing. Eastham asked whether this new definition would allow them to do what they would like to do with their program. Swaim answered in the affirmative and expressed support for the amendment as proposed. Freerks inquired if there were any more questions for Mr. Swaim. Seeing none, she closed the public hearing. Payne moved to approve the changes and additions as noted in the staff report regarding Group Household and Parental Group Home. Weitzel seconded. Plahutnik said he would like to consider changing some of the wording so that it read: a type of group household containing not more than three individuals ages 13 to 20. Plahutnik said his rationale behind the change is to create a more narrowly defined type of household. He said that this sounds like a great idea for people and adults in general, but it can grow very complicated and convoluted unless clearly defined. He said that if each of the children is also defined as the actual child of the teenager /adult, then that would narrow the scope and eliminate the possibility for cousins and siblings that the teenager had taken custody of for some reason or another. Payne said that her concern with that is that there might be cases where a teenager winds up caring for younger siblings. Plahutnik said that the idea for this structure is to be narrowly defined for teenage mothers. Payne argued that at the point in time when a young adult/teenager takes in a sibling or other relative they become a mother, and really need this kind of help and support. She said that Plahutnik's wording may be narrowing the scope too far. Freerks said that she could see both sides of the issue. On one hand, it is important to keep the integrity of the code intact; on the other, the change is an attempt to make something legal and workable for a small group of people. Weitzel said it is important that staff knows the Commission's intent, and whether or not they wish to provide more leeway or not. Plahutnik said that staff has been working on this too and has a good perspective on the intent of the regulation. Freerks asked for clarification from Plahutnik on whether at this point he was interested just in changing the wording on age, or if he also wished to define the relationship of the adult and child. Plahutnik asked staff for their opinion on the two wording options and which best fit the intent of the code: 1) a child related by blood to at least one of said teenagers or adults, or 2) a child who is the child of one of said teenagers or adults. Howard said that in her discussions with Swaim he noted that there had been at least one case in which a teenager had her own child but was also taking care of her sister's infant. Howard said there is some precedent for situations in which blood relations come into play, and also in which one of the teens is caring for more than one child. Plahutnik asked if it was then staff's intent to keep the code broad enough to include blood relatives and Howard said that the idea was not to make it too restrictive. She noted that the vast majority of the time it would likely be mothers with one child of their own. Greenwood - Hektoen said that the intent is to allow the governmental agencies administering these programs to determine who is appropriate for it within the general parameters set by the code. Plahutnik moved to change the wording to read "individuals 13 to 20" rather than "teenager /adult." Eastham seconded. Planning and Zoning Commission June 2, 2011 - Formal Page 4 of 8 Eastham asked why the maximum age should be established as 20. Weitzel noted that the UAY program established the maximum age as 20. Eastham noted that this was just one program; there could be other potential models that would be applicable to this code change. Howard said that on the one hand, putting these age ranges in the code invites the idea that the City has determined that this is the appropriate age range for young parents living together; whereas, if the age range is left open, the social service or governmental agency administering the program would be left to determine the appropriate ages for the parents living in the household. Howard cautioned that placing a limit on something in the code without some evidence or reason to create that specific limitation may result in unnecessary hurdles in the future. Freerks said that if the idea is to keep it for teenagers then you could just put a maximum age of 20. Payne noted that limitation may also be problematic. For example, if a 19- year -old was placed in the 18- month program they would be 21 when the program ended. Plahutnik said that this type of home is being considered specifically for the UAY program. He said that if the Commission leaves wiggle room, whether it is a great deal of wiggle room or a small amount of wiggle room, then that interpretive space is left open for all future programs and facilities. Weitzel said that the idea of agency determination is the guiding principle of the code as written. Payne said that the mothers would be placed in the facility by an agency, though Freerks pointed out that no specific agency or governmental body is referenced in the code. Eastham asked again about the reasoning behind the age range at all. He said that his thinking is that the word "adult' is a better word for him precisely because it allows a wider age range. Greenwood - Hektoen suggested the term "young adult' which is still broad, but conveys the intention that there is a specifically targeted population. Howard posed the question a different way; what problems would be created by leaving the age range undefined? She said that at most you would have seven people in the facility: three individuals and their children under the age of five. She asked what the externalities would be for two 40 -year old single mothers as opposed to two teens. She asked if there was any difference on the impact to the neighborhood, or if that impact would be different or greater than that of a group home housing eight people with disabilities. Howard said that the question is how far the Commission wants to go toward defining the code toward a specific program. Freerks said that it appeared to the Commission that the intent of the code was to specifically accommodate the UAY program. Freerks said that in broadening the scope, the change has to be reviewed in terms of how it impacts the broader community. She said that if the scope is broader and more general than the UAY program then perhaps the Commission needs to think a little more about the code change. Plahutnik said that he is all for the program, he simply does not want to have created code for a specific purpose that later has much broader unforeseen implications. Plahutnik said the question must be whether or not we are ready as a community for social service agencies to put unrelated adults and their children in a Parental Group Home, because that is the code that is being written. Eastham said that he is quite comfortable with doing that. Payne said that she agrees that the code should be considered in light of any governmental or social service agency, not just UAY. Freerks said that is always the issue: a specific instance or change is requested and the Commission must take a broader view of it in order to decide if it should be passed. Eastham asked Greenwood - Hektoen if a faith -based operation could also be considered a social service agency, and she said that it likely could be. Freerks said that there is not necessarily one way for this kind of program to be operated under this code. Plahutnik said that is fine with him, but he just wants it to be clear when the vote is taken that as currently written the code is pretty open and broad and not narrowly defined for the UAY project. Eastham said that the restriction that jumps out to him is the age limit for the children. He said that the number of family situations eligible for this type of service is greatly reduced by the limit of five years of age for the children. Plahutnik asked how other group homes were established, and Howard Planning and Zoning Commission June 2, 2011 - Formal Page 5 of 8 said that the other types of group homes have to meet the definitions established by the state and federal government. Greenwood Hektoen said the determination of whether a proposed group home would meet the definition in the code is made by HIS at the time an occupancy permit is requested. Freerks asked how it would work if a group home was sold. Howard said that there can be only one "household" per dwelling unit and "household" is defined in the zoning code. A group household is considered a "household" according to the code. Only one household may live within a dwelling unit whether that household is a traditional family or whether it is a "group household" as defined in the code. She said that the type of residential unit does not change (whether it is a single family house, a duplex unit or a multi - family unit), one household of any allowed type may occupy that dwelling unit. Weitzel said that while he thinks the Commission's discussion has been a good one, but he would like to have more discussion with staff on the matter. He suggested deferring and discussing the issue further. Eastham said he is willing to defer if other Commissioners wish to have more time to look at terms and definitions. He said he is also willing to vote. Weitzel said he is willing to go with the code as presented by staff, but that if it needs to be adjusted, more discussion may be in order. Freerks said the question is to what degree this will be used and how it will impact the community and the code. Payne asked how the Commission would ever know that ahead of time, and Freerks said that ultimately it is a best guess. Weitzel said that the applicant has been working with staff on this for a long time so it has been extensively reviewed. He said that he would rather vote on it as it is or send it back for more research. Howard asked if the Commission would like to have staff come back with a couple of different options along a continuum from narrow to more broadly defined if the Commission decided to defer. Freerks said she would be interested in that because she is in favor of this project but needs to look out how the code change would impact the broader community. Plahutnik asked if UAY was on a time constraint on this project. Payne said that she thinks the language is broad enough to allow more than one agency to use the code, but narrow enough that you are not going to have four adults and fifteen kids living together. She noted that participants also have to be placed there by a social service or governmental agency. She said she thinks there are enough checks and balances to keep the scope fairly narrow. Weitzel said it was impossible to consider ahead of time all of the special considerations that might come into play for these agencies and clients, and he was happy with the code the way it is proposed. He said he does not see it spinning out of control. Freerks said that if there were problems, then the issue could always be revisited and narrowed if need be. Plahutnik withdrew his motion to narrow the language. A vote was taken and the motion carried 4-1 ( Plahutnik in the negative; Dyer and Koppes absent). COUNTY CONDITIONAL USE ITEM: Consider a request submitted to Johnson County by Michael and Helen Rittenmeyer for a Conditional Use Permit to allow a truck and equipment storage business as a home business for property located in the Agricultural (A) zone at 4525 Taft Avenue SE. This property is within Area B of the Johnson County /Iowa City Fringe Area. Howard said that Johnson County asks for City comment on Conditional Use Permits within the two -mile fringe area. In this case, Howard said the property is outside the City's growth area limit, but within the two -mile fringe area. If the City is opposed to the permit, then a super- Planning and Zoning Commission June 2, 2011 - Formal Page 6 of 8 majority of the County Board of Adjustment is required. Howard said that there is agricultural zoning on two sides of the property, and residential on the other two sides. Howard said that this is basically a truck storage business with two non - family employees. Because the site is remote and not in a location where the city is likely to grow in the next 20 years, staff did not feel there was a compelling reason to object to this Conditional Use Permit. However, staff suggests a time limit of ten years on the permit with the possibility of renewal. This would allow the matter to be reviewed after ten years to make sure the circumstances have not changed with regard to growth of the City. Staff recommends that the Commission forward a letter to the Johnson County Board of Adjustment recommending that if a Conditional Use Permit is granted to allow a truck equipment and storage business at 4525 Taft Avenue that it be limited to a period of ten years, with the possibility of future renewals. Weitzel asked how staff had settled on a ten year period. Howard said that she doubted the city would have grown that far in 20 years, so ten would give plenty of time to take stock of the situation. She said that there are no plans to develop the area for urban uses. Freerks asked if there were plans for improvements or investments to the property that would then be problematic for the applicant if in ten years the use was disallowed. Howard said that would be a questions for the applicant, but she believed that there was not. She said it is a fairly rural and agricultural looking property at present. Payne asked if a Conditional Use Permit is one which is filed and recorded for the property permanently. Howard said she did not know how the County handled them, or whether there is a sunset. Howard said that the City does not have Conditional Use Permits; they have Special Exceptions, which do go with the land in perpetuity. Eastham asked what the Comprehensive Plan said about Fringe Area B, and Howard said that it has the area reserved for agricultural uses. Weitzel asked if there were considerations that should be made in terms of noise and other uses for people living across the road. Howard said that there is a proposed time limit for operations but that is the only condition the County is considering. Eastham asked who would assess whether or not Taft Avenue was up to supporting this much traffic. Howard said that the road is a County road so that would be up to them to address. Freerks opened the public hearing Mike Rittenmeyer, 4529 Taft Avenue, said that he has no problem with staff recommendations for a ten year term. He said that the County can restrict them for as many years as they wish. Rittenmeyer said that he has lived on Taft Avenue for ten years. The road is embargoed in the spring, requiring traffic to go around to the gravel road to the south. He said the majority of his traffic is empty trucks coming and going. Dennis Huedepohl, owner of Breckenridge Trailer Court, has signed a no- objection statement for this application. Payne asked if the site was currently being used for his business and the County is now requiring the permit. Rittenmeyer said that was the case. He said that he has put new buildings in up by the road. Weitzel asked if it would be a hardship to Rittenmeyer if in ten years the County did not renew his Conditional Use Permit. Rittenmeyer indicated that he is 60 years old, and hopes to be retiring by then. Freerks closed the public hearing. Planning and Zoning Commission June 2, 2011 - Formal Page 7 of 8 Weitzel moved to approve the staff recommendation that the City forward a letter to the Johnson County Board of Adjustment recommending that a Conditional Use Permit is granted for a truck equipment and storage business at 4525 Taft Avenue, and that it be limited to a period of ten years with a possibility for renewal. Payne seconded. Eastham said that he is often somewhat uneasy with these recommendations for fringe area uses. This particular applicant, Eastham noted, has long -range plans for the property that are at least compatible with residential or commercial uses in the general area. Eastham said that the Conditional Use Permit, however, is for a heavy commercial /industrial use and he would much prefer to have a few more tools to protect the City's long -range interest in the fringe areas. Under the circumstances, Eastham said, it is appropriate to recommend allowing the use. Payne said that at first she was concerned with the impact a ten year limitation could have on a business, but the applicant has addressed that concern. Weitzel said he had just wanted to make sure they were not getting into a situation where they were both restricting and permitting the same use. Freerks said that this seems like another situation where they are simply trying to make legal a use that is already in place. She said she does not think there will be any negative impacts on the City from this use in the next ten years. A vote was taken and the motion carried 5 -0 (Dyer and Koppes absent) CONSIDERATION OF MEETING MINUTES: May 16 & 19 2011: Freerks said that she had a few minor changes that she would be submitting to staff. Payne moved to approve the minutes as amended. Weitzel seconded. The motion carried 5 -0 (Dyer and Koppes absent). OTHER: Eastham said that he had been out to the new Wal -Mart area and he found the parking area and the appearance of the store on each side really matches the vision set forth by staff and the Commission when they were considering the application. He said he found it very encouraging. Payne said she had thought the same thing. Weitzel said that he too approved of the end - design, as it is a very visible and prominent property. Freerks said that she was interested in how the buggy station would look when completed. Payne noted that she will be gone on June 16th and July 7th meetings, but would be present for the June 13th informal meeting. ADJOURNMENT: Eastham motioned to adjourn. Payne seconded. The meeting was adjourned on a 5 -0 vote (Koppes and Dyer absent). z O V5 U) 0 20 O U U LU Z U W r ZZN OQ N od o W H _z ZQ z Q J CL a z I- LL W Q LL z w W p zax0XXXXXX co Z N X l X X x X X X MX ;XXXXXX !�!X i XXXXXX gw�CO�MN�AU')M F- X00000000 W W = W J z w QQ W Q (1) -J Z x m �� QW9YFp wU `1Ww J W w4Wi= -waZmN Z N w N w m >- Q- Q5f- QmOa _3 w zmawwYaa.� E O v U' 0 o z X O) LU C N C! � Q) E vOi 0 0 Qz CL Q 11 II n n w x0Oz w Y g oxxoxxx oxxxxoX � oxxxx0x i I -X XXXXXX I 4X XXXx0x N X i X X X X X x NX XXx - XX NX ! 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Mechanical Structures All mechanical structures must be set back and screened from public view according to the applicable provisions set forth in Article 14 -4C, Accessory Uses and Buildings. I. Outdoor Storage and Display 1. In the CO -1y and CC- grand -6B-2 Zones Outdoor storage and display of materials is not permitted in the CO -1 or CC-2, except for the following: a. Outdoor display of merchandise for immediate sale is permitted in areas immediately adjacent to a principal building. However, the display area may not be located along any building wall that is within 20 feet of a public street and may not be located in a manner that obstructs building entrances and exits, sidewalks, bicycle parking areas, pedestrian routes, or vehicular use areas. b. An approved Temporary Use. A temporary use permit is required (See Article 14 -4D). C. In the CC -2 Zone, an approved Outdoor Storage and Display- Oriented Retail Use.