HomeMy WebLinkAbout2016-07-05 Ordinance-I
4b
Prepared by: John Yapp, Dev. Srvs. Coor., 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252
ORDINANCE NO. 16-4667
ORDINANCE REZONING AMENDING CITY CODE TITLE 14 TO ADOPT AMENDMENTS RELATED TO
ESTABLISHING A COMMUNITY SERVICE - LONG TERM HOUSING USE, AND ESTABLISHING
PARKING, DENSITY AND PROVISIONAL AND SPECIAL EXCEPTION CRITERIA FOR SAID USE
WHEREAS, the City Council Strategic Plan identifies the advancement of social justice and racial equity
as a top priority; and
WHEREAS, one identified initiative for addressing this priority includes support for the Housing First
initiative, a housing model that strives to provide sufficient, permanent supportive housing apartments to end
long-term and chronic homelessness; and
WHEREAS, City Steps 2016-2020, a five-year consolidated plan for Housing, Jobs and Services for
Low -Income Residents adopted by the City Council, also identifies the provision of suitable living
environments, increased housing opportunities, empowerment of low and moderate income households to
achieve self-sufficiency as among the highest priorities for the community; and
WHEREAS, the adopted Comprehensive Plan supports providing options for households of all types and
people of all incomes; and
WHEREAS, the Zoning Code currently allows for short-term shelters, but does not specifically allow the
type of housing model contemplated by the Housing First Initiative; and
WHEREAS, in order to reduce the risk of public opposition and discrimination, yet mitigate the potential
negative externalities of such a multi -family use, Staff recommends allowing such uses provisionally or by
special exception in certain commercial zones, subject to certain approval criteria; and
WHEREAS, it is estimated that one out of every five residents in this type of multi -family housing may
own a car, and thus Staff recommends the parking requirement for this use be consistent with the Assisted
Group Living use parking requirement; and
WHEREAS, to mitigate potential negative externalities of this use, a management plan a to establish
parking requirements, density limitations, and provisional and special exception approval criteria; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments and has
recommended approval by a vote of 6-0.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL.
A. Section 14 -4A -6C. "Community Service Uses" is hereby amended as follows (additions are underlined,
deletions are struck -through):
Characteristics: Uses of a public, nonprofit, or charitable nature providing a local service to people of
the community. Generally, they provide the service on the site or have employees at the site on a
regular basis. The service is ongoing, not just for special events. Included are community centers or
facilities that have membership provisions that are open to the general public to join at any time, e.g.,
a senior center that allows any senior to join. The use may provide shelter or short term housing
where tenancy may be arranged for periods of less than one month when operated by a public or
nonprofit agency. The use may provide tenancy for long-term housing for persons with disabilities
when operated by a public or nonprofit agency. The use may also provide special counseling,
education, or training of a public, nonprofit or charitable nature.
2. Examples: Examples include uses from the following two (2) three 3 subgroups:
a. General Community Service: Libraries; museums; transit centers; park and ride facilities; senior
centers; community centers; neighborhood centers; youth club facilities; some social service
facilities; vocational training facilities for the physically or mentally disabled; soup kitchens;
surplus food distribution centers; public safety facilities, such as police and fire stations.
Ordinance No. 16-4667
Page 2
b. Community Service -Shelter: Transient housing operated by a public or nonprofit agency.
c. Community Service — Long term housing: Long term housing for persons with a disability
operated by a public or non-profit agency.
B. Section 14-2C-2, Table 2C-1: Principal Uses allowed in Commercial Zones is amended to add the
following subgroup regulations to the Community Service Use Category:
Subgroups
CO -1
CNA
CH -1
CIA
CC -2
CB -2
CB -5
CB -10
MU
Community
PR/S
PR/S
PR/S
PR
PR
Service — Long
Term Housing
C. Section 14-5A-4, Table 5A-2: Minimum Parking Requirements for All Zones, Except the CB -5, CB -10 and
Riverfront Crossings Zones is amended to add the following subgroup regulations to the Community Service
Use Category:
Subgroups
Parking Requirement
Bicycle Parkin
Community Service
1 space per three units, or three
25 percent
— Long Term
beds, whichever is greater
Housing
D. Section 1446-4 "Specific Approval Criteria for Provisional Uses and Special Exceptions", Subsection D
"Institutional and Civic Uses" is amended by inserting the following language as a new paragraph 6, and
renumbering the remaining paragraphs accordingly:
6. Community Service — Long Term Housing:
a. Maximum Density:
(1) In the CO -1, CIA and CC -2 Zones: A minimum of 900 square feet of lot area per dwelling unit is
required. Dwelling units must be efficiency and/or 1 -bedroom units.
(2) In the CB -2 and CB -5 Zones: Density standards for multi -family dwellings in commercial zones
in Section 14-2C of this title.
b. Management Plan Required: The applicant must submit a site plan and a management plan that
addresses potential nuisances such as loitering, noise, lighting, late night operations, odors, outdoor
storage and litter. The management plan must include plans for controlling litter, loitering and noise;
provisions for 24/7 on-site management and/or security, and a conflict resolution procedure to
resolve nuisances if they occur. The site plan and management plan must be submitted
concurrently to the City, or if permitted as a special exception said plans must be submitted with the
special exception application.
c. Special Exception Required: A special exception is required if the proposed use is in a CO -1, CI -1 or
CC -2 Zone and is across the street from or adjacent to a single family residential zone.
d. Neighborhood Meeting Required: Prior to a building permit being issued, the owner or operator of the
Community Service — Long Term Housing Use must hold a neighborhood meeting inviting all
property owners within 200 feet of the proposed use. At the neighborhood meeting, the owner or
operator must provide copies of the Management Plan, and contact information for the management
team of the proposed use
e. Site and Building Development Standards:
(1) If the proposed use is located in the Central Planning District, it must comply with the multi -family
site development standards as set forth in Section 14-213-6 of this title.
Ordinance No. 16-4667
Page 3
(2) In the CB -2 and CB -5 Zones, Community Service — Long Term Housing uses must be located
above the street level floor of a building.
(3) The proposed facility must comply with the minimum standards as specified in the Iowa City
Housing Code, as amended, and maintain a rental permit.
(4) In the CO -1, CIA, and CC -2 Zones up to 50% of the first floor of the building may be occupied
by residential uses.
SECTION Il. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City
Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the City s expense, all as provided by law.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 5th day of July '2016
4'7 L
MAYOR:
Approved by:
ATTEST: 24�— -%d zL us o�
CITIMILERK City Attorney's Office
Ordinance No. 16-4667
Page 4
It was moved by Mims and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 06/21/2016
Voteforpassage: AYES: Thomas, Throgmorton, Botchway, Cole,
Dickens, Mims, Taylor. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 07/14/2016
Moved byMims, seconded by Dickens, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and
vote be waived and the ordinance be voted upon for final
passage at this time. AYES: Dickens, Mims, Taylor, Thomas,
Throgmorton, Cole. NAYS: Nbne. ABSENT: Botchway.
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Prepared by: John Yapp, Dev. Srvs. Coor., 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252
ORDINANCE NO. 16-4668
ORDINANCE AMENDING CITY CODE ARTICLE 14-2G, RIVERFRONT CROSSINGS FORM BASED
DEVELOPMENT STANDARDS, TO ADD A RIVERFRONT CROSSINGS AFFORDABLE HOUSING
REQUIREMENT
WHEREAS, the Iowa Legislature has adopted "Iowa Smart Planning Principles", codified in Iowa Code
Section 188.1, which principles include, among others, efforts to facilitate the revitalization of established
town centers and neighborhoods by promoting development that conserves land, protects historic resources,
promotes pedestrian accessibility, and integrates different uses of property, encouraging diversity in the types
of available housing, and promoting the location of housing near public transportation and employment
centers; and
WHEREAS, the Iowa Legislature has evidenced support for mixed income neighborhoods by requiring
that all cities consider the residence of a recipient of services under a home or community-based services
waiver as a permitted residential use of property for the purposes of zoning; prohibiting cities from requiring a
special exception or variance for such a use; and prohibiting cities from establishing limitations regarding the
proximity of one such residence to another (Iowa Code Section 414.32); and
WHEREAS, the City Council adopted Strategic Plan intends to foster a more inclusive, just and
sustainable Iowa City, and sets among its top priorities the encouragement of a vibrant and walkable
urban core with diverse housing types and price points for a variety of income levels, and the
advancement of social justice and racial equity affordable housing programs; and
WHEREAS, permanent and long-term housing in proximity to the source of employment serves to
stabilize the community, reduce regional traffic congestion, and minimize impacts on adjacent
communities; and
WHEREAS, the City has been granted the power to adopt regulations and restrictions on the density
of population, the location and use of buildings, structures and land; and
WHEREAS, the City has divided the city into districts it has deemed best suited to carry out the
purposes of the state and municipal zoning codes and has adopted specific regulations and restrictions on
the construction and use of buildings, structures and land within the distinct districts; and
WHEREAS, the 2007 Iowa City Metro Area Affordable Housing Market Analysis ("2007 Market Analysis")
examines existing and future need for housing among lower income households;
WHEREAS, this 2007 Market Analysis found, among other findings, that housing prices have
outpaced income; that many cost -burdened household are active members of the region's workforce
whose salaries are not keeping pace with housing costs; that the market is producing many more higher -
priced housing units than moderately priced units; and that projected housing construction activity is not
expected to address affordable housing needs; and
WHEREAS this 2007 Market Analysis recommends adopting an inclusionary zoning ordinance to
meet the significant unmet need for affordable housing; and
WHEREAS, the 2015 Iowa City Metro Area Affordable Housing Market Analysis, an update to the
2007 Analysis prepared by the Metropolitan Planning Organization of Johnson County and the Housing
Trust Fund of Johnson County, ("2015 Market Analysis°) found that between 2000-2012, the majority of
housing stock growth was single-family housing; and
WHEREAS, this 2015 Market Analysis further found that the proportion of renters in Iowa City
considered cost -burdened (paying more than 30% of their household gross annual income on rent) and
severely cost -burdened (paying more than 50% of their household gross annual income on rent)
increased between 2000 and 2012; and
WHEREAS, this 2015 Market Analysis found homeowners in Iowa City are increasingly cost -
burdened; and
WHEREAS, this 2015 Market Analysis concluded that real median housing values increased between
2000 and 2012 by an average of 15.6 percent while real median household income decreased by nearly 7
percent during that same time; that the number and percentage of families in poverty in the urbanized
area increased from 1,038 (6.2 percent) in 2000 to 1,684 (8.2 percent) in 2012; and in 2013 the hourly
wage required to afford a two-bedroom apartment in the urbanized area was $16.40.
Ordinance No. 16-4668
Page 2
WHEREAS, this 2015 Market Analysis recommended, among other strategies to increase affordable
housing opportunities, that the City rezone land to allow for more multi -family residential uses and adopt
an inclusionary zoning ordinance; and
WHEREAS, in 2014, the City contracted with the University of Iowa Public Policy Center to study
impediments to fair housing within the City; and
WHEREAS, the resultant report from the Public Policy Center, titled "Analysis to Impediments to Fair
Housing Choice -2014" identifies racial and ethnic concentrations of housing in Iowa City as an impediment
and recommends adopting an inclusionary zoning policy for new ownership and rental housing development
as a method to overcome this impediment; and
WHEREAS, the City Steps 2016-2020, Iowa City's Five -Year Consolidated Plan for Housing, Jobs and
Services for Low -Income Residents, adopted on May 15, 2015, ("City Steps") is intended to guide funding
decisions for housing and community development activities, particularly those funds received through the
federal CDBG and HOME grant programs; and
WHEREAS, the City Steps identifies the high percentage of housing cost -burdened households as the
most common housing problem within the City, identifies that the number of housing cost -burdened
households and declares that the expansion of affordable rental and homeowner housing opportunities is of
the City's highest priorities; and
WHEREAS, the lack of affordable housing makes it difficult for low-income individuals and families
with children to maintain a stable household; and
WHEREAS, high housing costs, physical deficiencies, unstable neighborhoods, and overcrowding all
contribute to local homelessness; and
WHEREAS, the availability of public transportation to adequately link lower income households
located outside of Iowa City to employment opportunities within the City is inadequate; and
WHEREAS, the City Steps Plan indicates that one of the primary areas where people face housing
affordability challenges is near the University campus and the City's urban core; and
WHEREAS, the Riverfront Crossings District is ripe for mixed-use development, including residential
uses, due to the adoption of the Riverfront Crossings Form Based Code which allows a higher density of
development than was previously permitted; and
WHEREAS, the mix of uses allowed under the Riverfront Crossings Form Based Code is intended to
encourage a walkable, pedestrian -friendly area where residents can work, live and play, and will increase the
need for housing that is affordable to the workforce; and
WHEREAS, market forces would not likely result in the creation of affordable housing without the City
requiring the creation of affordable housing in new developments within the Riverfront Crossings District; and
WHEREAS, The Riverfront Crossings District is well -situated to support a mix of housing due to its close
proximity to downtown Iowa City and the University of Iowa campus, its existing and planned mix of uses,
convenient access to public transit and municipal parking facilities, and it is ripe for higher -density
development under the Form Based Code; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed Zoning Code amendment
for an Inclusionary Affordable Housing Ordinance and has recommended approval by a vote of 6-0.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. City Code Article 14-2G, Riverfront Crossings Form Based Development
Standards, is hereby amended by adding a new section as follows:
14-2G-8: Affordable Housing Requirement:
A. Purpose
The purpose of this chapter is to:
1. Create a more inclusive, just and sustainable Iowa City;
2. Reduce concentrations of low and moderate income households in Iowa City;
3. Increase the multi -family housing stock near the University and the City's urban core;
4. Promote the construction of housing that is affordable to the communitys workforce;
5. Increase opportunities for people of all income levels to work and live near key employment
centers;
Ordinance No. 16-4668
Page 3
6. Promote a balanced community that provides housing for people with diverse income levels;
To reduce the number of housing cost -burdened households; and
8. Promote household stability and reduce the threat of homelessness.
B. Definitions
For purposes of this Code Section 14-2G-8, the following definitions shall apply to these terms
Affordable Housing: The collective reference to Owner -occupied Affordable Housing and/or Affordable
Rental Housing, as those terms are defined herein.
Affordable Rental Housing is housing that is rented for no more than the HUD Fair Market Rent for the
Iowa City, IA HUD Metro FMR Area, as adjusted annually, and rented to an Income -eligible Household.
Owner -occupied Affordable Housing is housing that is sold at a price no greater than the most current
published Housing and Urban Development (HUD) homeownership sale price limit for existing and new
homes to an Income -eligible Household.
Income -eligible Household: A household is an income -eligible household for purposes of purchasing
an Owner -occupied Affordable Housing dwelling unit if that household has an annual income equal to or
less than 110% of the area median income (AMI) for Iowa City, as adjusted annually. A household is an
income -eligible household for leasing Affordable Rental Housing if that household has an annual income
equal to or less than 60% of the AMI for Iowa City, as adjusted annually.
C. General Requirements
Affordable Housing Requirement
Except for developments providing affordable housing pursuant to a development agreement with the
City executed prior to June 6, 2016, and except for developments exclusively providing Elder Apartment
Housing, any development containing ten or more dwelling units on land zoned a Riverfront Crossings
zoning designation is required to provide Affordable Housing dwelling units in an amount equal to or
greater than ten percent of the total number of dwelling units. Should ten percent of the total number of
dwelling units result in a fractional number, this fraction shall be rounded up to the nearest whole number
for any fraction over fifty percent to establish the required number of Affordable Housing dwelling units.
Any exempt Elder Apartment Housing developments shall be subject to periodic inspection to insure
compliance with the Title 14 Zoning Code regulations of such use.
2. Methods of Achieving Affordability
The Affordable Housing Requirement may be satisfied through the provision of one or more of the
following methods:
I) on-site owner -occupied affordable housing;
ii) on-site Affordable Rental Housing;
iii) a fee in -lieu contribution to an affordable housing fund;
iv) off-site affordable housing, and/or
v) contribution of land.
If the owner desires to utilize methods iv or v, the owner must establish that methods i, ii, and iii cannot
feasibly be satisfied, as reasonably determined by the City.
3. Affordable Housing Agreement
Upon rezoning to a Riverfront Crossings zoning designation, the property owner shall enter into an
affordable housing agreement with the City establishing which method or methods it will utilize. This
agreement must be executed prior to the close of the public hearing on the rezoning ordinance. Upon
application for a building permit to construct any development for which Affordable Housing is required,
the property owner shall enter into an agreement with the City detailing how it will satisfy the obligations
of this code, which shall include details of the programming and development requirements if applicable.
Ordinance No. 16-4668
Page 4
The City Manager is hereby given the authority to execute such an agreement, which shall be recorded
in the records of the Johnson County, Iowa Recorder's Office at owner's expense.
4. Term of Affordability
The Affordable Housing dwelling units shall remain so for no less than ten (10) years from the issuance
of the Certificate of Occupancy for the dwelling unit and recording of the Deed Restriction described
below.
5. Occupancy
No Affordable Housing dwelling unit shall be occupied by anyone other than an Income -eligible
Household. Households that wish to purchase or rent Affordable Housing dwelling units shall be subject
to verification of their eligibility in accordance with the applicable Income Verification provisions set forth
below and as set forth in administrative rules adopted to accomplish the purposes of this chapter.
6. Deed Restriction
A deed restriction documenting the Affordable Housing requirements, selected method of achieving
affordability, term, applicable resale restrictions, and applicable occupancy and rental restrictions shall be
placed upon the Owner -Occupied Affordable Housing dwelling unit or, in the case of the Affordable
Rental Housing, shall be placed upon the land being developed contemporaneously with the issuance of
the Certificate of Occupancy. This deed restriction shall be recorded with the Johnson County, Iowa
Recorder and referenced in any deed conveying title of any such unit or land during the Term of
Affordability. This deed restriction shall automatically upon the expiration of the Term of Affordability. The
City Manager is hereby authorized to issue any release of this deed restriction, as may be necessary and
appropriate, in a form approved by the City Attorney.
7. Parking
Affordable Housing dwelling units shall be exempt from providing the parking spaces otherwise required
by the zoning code.
D. Owner -Occupied Affordable Housing
Owner -Occupied Affordable Housing must satisfy the General Requirements set forth in Subsection C above
and the following requirements:
1. Development Requirements.
A. Dwelling Unit Types: The Affordable Housing dwelling units shall be comprised of the same mix
of dwelling unit types in proportion to the market rate dwelling units within the development.
B. Dwelling Unit Size and Quality: The Affordable Housing dwelling unit size shall be at least eighty
percent of the floor area for the market rate dwelling units of the same type, and shall be of
similar quality, or as approved by the City Manager or designee.
C. Location: The Affordable Housing dwelling units shall be distributed throughout the development
to achieve integration and avoid concentration or segregation of the Affordable Housing dwelling
units, unless a different distribution will result in the provision of additional Affordable Housing
dwelling units than that which is required by this Code, as approved by the City Manager or
designee.
D. Timing of Construction: The Affordable Housing dwelling units shall be constructed and issued a
certificate of occupancy concurrently with or prior to the market -rate dwelling units in the
development.
2. Program Requirements.
Ordinance No. 16-4668
Page 5
A. Occupancy: An Affordable Housing dwelling unit shall, at all times during the Term of
Affordability, be occupied by an income -eligible household as the household's primary
residence.
B. Income Verification: The annual household income shall be determined according to the HUD
Part 5, Section 8 regulations on Annual Income codified in 24 CFR 5.609, as amended, and
verified by the City prior to close of the sale.
C. Rental Restriction: An Owner -Occupied Affordable Housing unit may not be rented, except an
owner may rent or lease a bedroom in the unit.
D. Sale Restrictions: In addition to the deed restrictions required above, all required Owner -
Occupied Affordable Housing dwelling units shall be subject to the following sale restrictions
during the Term of Affordability, compliance with which shall be verified by the City Manager, or
designee, prior to closing on the sale.
i. Approved Purchasers: A seller of an affordable dwelling unit must sell the unit only to an
income -eligible household.
Sale Price: The sale price of any Affordable Housing dwelling unit shall not exceed the
purchase price paid by the original income -eligible household purchaser or the HUD
Homeownership sale price limit, whichever is greater, with the following exceptions:
(a) Closing Costs: Customary closing costs and costs of sale.
(b) Real Estate Commissions: Costs of real estate commissions paid by the seller to a
licensed real estate agent.
(c) Permanent Capital Improvements: Reasonable value added to the dwelling unit due
to permanent capital improvements installed within the unit by the seller pursuant to
a properly issued building permit.
(d) Special Fees: The seller of an affordable dwelling unit shall not levy or charge any
additional fees or any finder's fee nor demand any other monetary consideration
other than provided in this chapter.
E. Affordable Rental Housing
Affordable Rental Housing must satisfy the General Requirements set forth in Subsection C above and the
following requirements.
Development Requirements.
A. Affordable rental units shall be provided in accordance with the Development Requirements for
owner -occupied Affordable Housing set forth in Subsection D1 above.
B. If a tenant initially deemed an income -eligible household for purposes of occupying an Affordable
Housing dwelling unit pursuant to this chapter, but is subsequently deemed no longer income -
eligible upon annual examination of household income, that tenant's unit shall not be considered
an Affordable Housing dwelling unit and the rent can be adjusted to market rate. To maintain
compliance with the Affordable Housing Requirement, the next available rental unit in the project
of comparable size or larger must be rented to an Income -Eligible Household. To that end, the
Affordable Rental Units need not be specifically designated in a fixed location, but may be
floating throughout the development.
2. Program Requirements
A. Rental Rate: The monthly rental rate shall be no more than the Fair Market rents as published by
HUD for the Iowa City, IA HUD Metro FMR Area, as adjusted annually.
Ordinance No. 16-4668
Page 6
B. Occupancy: Affordable rental units must be rented to income -eligible households.
C. Income Verification: The landlord shall annually verify to the City that the Affordable Rental
Housing units are occupied by income -eligible households. Prior to the commencement of a
lease, the landlord shall determine a potential tenant's annual household income according to
the HUD Part 5, Section 8, regulations on Annual Income codified in 24 CFR 5.609, as
amended. Upon extension or renewal of a lease, the landlord may determine a tenant's annual
household income based upon federal income tax returns for all adults in the household.
D. The owner must annually verify to the City that it is in compliance with these Program
Requirements, and provide any documentation as deemed necessary by the City to determine
compliance, which may include examination the documents used to verify tenant income. Any
violation of this requirement may result in immediate suspension of any rental permit issued for
the applicable unit.
F. Fee -in -Lieu Contribution
In lieu of providing Affordable Housing dwelling units, an owner may contribute a fee to a Riverfront
Crossings District affordable housing fund to be established by the City. The contribution per dwelling unit
shall be determined biennially by resolution of the City Council based upon a formula that analyzes the
difference between renting a market rate unit for the Term of Affordability and renting a dwelling unit
affordable to an income -qualified household. The fund shall be utilized solely for affordable housing
purposes, which may include administration costs, in the Riverfront Crossings District.
G. Transfer of Affordable Dwelling Units Off -Site
Upon the Owner establishing that the Affordable Housing Requirements cannot be satisfied on-site, as
reasonably determined by the City, it may be satisfied by designating off-site existing or newly constructed
dwelling units in the Riverfront Crossings District as Affordable Housing dwelling units. Any transferred
Affordable Housing units shall in no way waive or reduce any obligation to provide Affordable Housing units
within the development to which the obligation is transferred. In addition to satisfying the General
Requirements set forth in Subsection C above, these units must satisfy the following requirements.
Development Requirements:
A. Off -Site Affordable Dwelling Units, whether they are owner -occupied or rental units, shall be
provided in accordance with the Development Requirements for Owner -occupied Affordable
Housing set forth in Subsection D(1) above. The City reserves the right to deny a request to
transfer affordable housing units to a particular development if it would result in an undue
concentration of Affordable Housing units within that development.
B. Timing: Where the Affordable Housing Requirement is to be met through the provision of newly
constructed dwelling units, such units shall be constructed and pass final inspection no later than
the date the occupancy permit is issued for the development creating the need for the Affordable
Housing, unless otherwise agreed upon by the City Manager, or designee. Where the Affordable
Housing Requirement is to be met through the provision of existing off-site dwelling units, they
shall be established as Affordable Housing dwelling units prior to issuance of any occupancy
permit for the development creating the need for the Affordable Housing. The marketing of the
Affordable Housing dwelling units should occur no later than one year after the first market -rate
dwelling unit in the site that generated the requirement passes final inspection, unless otherwise
agreed upon by the City Manager. The Affordable Housing Agreement pursuant to Section C3
above shall be recorded prior to issuance of a building permit for the development creating the
need for the Affordable Housing.
2. Programming Requirements:
Ordinance No. 16-4668
Page 7
A. Where the Off -Site Affordable Dwelling Units are to be Owner -Occupied Affordable Housing,
those units shall comply with the programming requirements for Owner -Occupied Affordable
Housing set forth in Subsection D2 above.
B. Where the Off -Site Affordable Dwelling Units are to be Affordable Rental Housing, they shall
comply with the programming requirements for Affordable Rental Housing set forth in Subsection
E2 above.
H. Land Dedication
Upon the Owner establishing that the Affordable Housing Requirements cannot be satisfied on-site, as
reasonably determined by the City, it may be satisfied by the dedication of land to the City of Iowa City or an
entity designated by the City of Iowa City for construction of affordable dwelling units in accordance with the
provisions of this chapter, upon consideration of the following factors.
1. Location: The land shall be located in the Riverfront Crossings District, in an area appropriate for
residential redevelopment, as determined by the City;
2. Number of Affordable Units: The total dwelling units possible on the land shall be equal to or
greater than the number of required Affordable Housing dwelling units;
3. Dwelling Type: The land shall allow for the provision of affordable units of equivalent type (single-
family, multifamily, town home, etc.), floor area, and number of bedrooms to that which would
have been otherwise required;
4. Land Value: The value of land to be dedicated shall be determined, at the cost of the developer,
by an independent appraiser, who shall be selected from a list of certified appraisers provided by
the City, or by such alternative means of valuation to which a developer and the City agree; and
5. The City reserves the right to refuse dedication of land in satisfaction of the Affordable Housing
Requirement if it determines, in its sole discretion, that such a dedication is not in the best
interests of the public for any reason, including a determination that the City is not likely to
construct or administer an affordable housing development project in a timely manner due to the
unavailability of funds or other resources. Additionally, where the value of the land proposed to be
dedicated is less than the value of the fee in lieu contribution established in accordance with the
provisions above, the City reserves the right to require an owner to contribute a fee making up
this difference in values.
I. Administrative Rules.
The City Manager or designee is hereby authorized to establish administrative rules deemed necessary
not inconsistent with any ordinance adopted by the city council in order to assure that the purposes of
this chapter are accomplished. A copy of the rules shall be on file with the city clerk and available on
the city website.
SECTION II. APPROVAL. Iowa City Code Section 14-213-713(10), titled "Height Bonus For Workforce Or
Affordable Housing" is hereby amended by deleting the section in its entirety and inserting in lieu thereof
the following language:
Height Bonus for Affordable Housing: Up to five (5) floors of additional building height may be granted
for projects that designate a minimum of fifteen percent (15%) of the dwelling units within the
development as Affordable Housing, as defined in Code Section 14-2G-8 and regulated in accordance
therewith.
SECTION III. APPROVAL. Iowa City Code Section 14 -5A -4(B) "Minimum Parking Requirements" is hereby
amended by adding the following language to the end of Paragraph 3:
Affordable Housing dwelling units provided in accordance with Section 14-2G-8 shall not be required to
provide parking, and are therefore exempt from the minimum parking requirement calculation for the
respective Riverfront Crossings zoning classification.
Ordinance No. 16-4668
Page 8
SECTION IV APPROVAL. Iowa City Code Section 14 -5A -4F(4) is hereby amended by deleting the current
language in its entirety and replacing it with the following language in lieu thereof:
Minor Modification for Parking Reduction in the Central Business Zones: In the CB -5 and CB -10 zone,
a minor modification may be granted as specified in section 14-4B-1 exempting up to thirty percent
(30%) of the total number of dwelling units contained in a building from the minimum parking
requirements, provided that those dwelling units are committed to the city's assisted housing program
or any other affordable housing program approved by the city.
SECTION V. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owners expense, all as provided by law.
SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VII. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VIII. EFFECTIVE DATE. This Ordinance shall be in effect on August 1, 2016, after its final
passage, approval and publication, as provided by law.
Passed and approved this 5th day of July 120 16
OR:
1 Approved by:
ATTEST: a"I..)
CITY -CLERK *�Cify Attorneys Office
Ordinance No. 16-4668
Page 9
It was moved by Mims and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
ABSTAIN:
Dickens that the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 06/21/2016
Voteforpassage: AYES: Taylor, Thomas, Throgmorton, Botchway,
Cole, Dickens, Mims. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 07/14/2016
Moved by Mims, seconded by Dickens, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote
be waived and the ordinance be voted upon for final passage
at this time. AYES: Taylor, Thomas, Throgmorton, Cole, Dickens,
Mims. NAYS: None. ABSENT: Botchway.
FILED'G
JUN 2 9 1016
Defining affordable housing City Clerk
Iowa City, Iowa
Whenever discussing affordable housing, the phrase "defined as " should be included.
How will the maximum rent be defined for the 3 Sabin townhouses at 80% AMI?
How will the maximum rent be defined for the 12 Riverside West units at 120% AMI?
How will the maximum rent be defined for the 32 CA Ventures units at 80% AMI?
How will maximum rent be defined for future TIF projects in Urban Renewal Districts?
500 other communities Oust like HUD) define "affordable" as paying 30% of income.
HUD further defines this formula to determine maximum rent:
1. Start with Johnson County Median Family Income for the year. Call this a family of four.
90% of that is a family of three. 80% of MFI is a family of two. 70% is a family of one.
2. Apply the selected affordability level such as 110% AMI, 80% AMI, 60%AMI to find
maximum income by household size.
3. Determine maximum rent of a unit by bedroom count.
Studio = 1 person household
1 bedroom = 1.5 person household
2 bedroom = 3 person household
3 bedroom = 4.5 person household
4. Find 30% of these values. Divide by 12 for monthly maximum gross rent. HUD publishes
the math for 50% AMI and 60% AMI for LIHTCs to use. (This is as easy to lookup as Fair
Market Rent tables.)
The answer varies by the preselected affordability level but all units have the same affordability
level. In contrast, Fair Market Rent varies from 40% AMI to 80% AMI depending on the size of
the unit.
The Riverside West units may have tenants with 120% AMI income paying 50% AMI rent if Fair
Market Rent is the definition of "affordable" applied to that project.
Johnson County definition: "Housing is affordable for households with incomes at or below 80%
of the HUD established Area Median Income if residents pay no more than 30% of their gross
monthly income for either; rent, insurance, and utilities or mortgage, principal, interest,
insurance, and homeowner fees."
Steve Rackis, Iowa City Housing Authority definition for CR Gazette April 2014: "Affordable
Housing is housing for which the occupant(s) is/are paying no more than 30% of his or her
income for gross housing costs, including utilities. Affordability is family specific and defined by
the amount of family income."
We can make no progress on affordable housing without a consistent definition understood
by all.
Cheryl Cruise
905 Bluffwood Dr
Iowa City IA
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 17, ENTITLED "BUILDING AND HOUSING,"
CHAPTER 5, ENTITLED "HOUSING CODE," TO EXCLUDE CRIME VICTIMS
FROM RENTAL PERMIT SANCTIONS.
WHEREAS, Section 17-5-16C provides for rental permit sanctions if the tenant or owner
commits certain crimes on the rental property and/or fails to address repeated nuisances;
WHEREAS, the Governor recently signed HF 493 that goes into effect on July 1, 2016, which
prohibits cities from imposing a penalty on a tenant who summons law enforcement or other
emergency assistance;
WHEREAS, although no provision in the City Code penalizes a tenant for summoning law
enforcement, the rental permit sanction provision arguably impacts a tenant or owner who is a
victim of a crime committed in the rental unit; and
WHEREAS, it is in the best interest of the City to adopt this amendment to exclude victims of
crimes from rental permit sanctions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16,
entitled, "Certificate of Structure Compliance and Rental Permit" is hereby amended by adding the
following new Subsection C(12):
Notwithstanding any other provision herein, the rental permit sanctions are inapplicable to
victims of abuse or crime as provided in HF 493 (2016) to be coded at Section 562A.27B of the
Iowa Code
SECTION ll. REPEALER. All ordinances and parts of ordinances in conflict with the provision
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of .2016.
MAYOR
Approved by �� G- (&
City Attorney's Office
ATTEST:
" X,
CITY CLERK
Ordinance No.
Page
It was moved by
and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
First Consideration _
Vote for passage:
Throgmorton.
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
06/21/2016
that the
AYES: Botchway, Cole, Dickens, Taylor, Thomas,
NAYS: None. ABSENT: Mims.
Second Consideration 07/05/2016
Vote for passage: AYES: Dickens, Mims, Taylor, Thomas,
Throgmorton, Cole. NAYS: None. ABSENT: Botchway.
Date published
07-0 ^
7
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 17, ENTITLED "BUILDING AND HOUSING,"
CHAPTER 5, ENTITLED "HOUSING CODE," TO REQUIRE THAT THE
INFORMATIONAL DISCLOSURE AND ACKNOWLEDGMENT FORM NOTIFY
TENANTS OF THE AVAILABILITY OF A MAP SHOWING WHETHER A
RENTAL UNIT IS LOCATED IN A FLOOD PLAIN.
WHEREAS, the purpose of the Informational Disclosure and Acknowledgement Form is to
apprise tenants of certain information about leasing in general as well information on the unit
specifically, such as its maximum occupancy and available parking;
WHEREAS, when the City has experienced flooding, tenants are often prevented from
accessing their units even though the unit itself is not damaged;
WHEREAS, it is in the best interest of the City to require that the Informational Disclosure and
Acknowledgment Form notify tenants of the availability of a map showing whether the rental unit
is located is within the flood plain.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 14,
entitled, "Informational Disclosure and Acknowledgement Form" is hereby amended by adding the
following new Subsection M:
Notification of the availability of a map showing whether the unit is in a flood plain and a link to
the map.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of 2016.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 07/05/2016
Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton,
Cole, Dickens. NAYS: None. ABSENT: Botchway.
Second Consideration _
Vote for passage:
Date published
that the
r
Previously distributed IP6 of 4/21/16 Info Packet
CITY OF IOWA CITY
WOOL, MEMORANDUM
Date: April 13, 2016
Cop
To: Geoff Fruin, Interim City Manager
From: John Yapp, Development Services Coordinator]. /7 -- -)/
Stan Laverman, Senior Housing Inspector
Re: Flood plain and rental permit location map
Background: Several months ago, the Board of Adjustment sent a letter to the City Council
recommending that rental households be informed whether or not the dwelling they live in is in
the floodplain (attached). At the time, we had no way of easily cross-referencing rental permit
addresses with flood plain information. The goal was to better inform rental households of
floodplain information, so they are better prepared in the event of a flood.
Discussion: To accomplish to goal, staff created a Geographic Information Systems (GIS) map
of rental permit addresses, and combined it with the Johnson County GIS map of 100- and 500 -
year floodplains. While the process of building the dataset for almost 4,500 rental permit
addresses to make them compatible with GIS was time-consuming (over 45 staff hours), we
believe it will be helpful for future uses in addition to the flood plain concern.
Once the GIS map was created, staff considered how to best get the information to the affected
households. The City requires landlords to maintain an Information Disclosure and
Acknowledgement Form which conveys information regarding maximum occupancy,
trash/recycling obligations, parking, snow and lawn maintenance obligations, and
noise/disorderly house concerns. Landlords are required to share this information with tenants,
and landlords and tenants are required to sign the form to ensure the information has been
conveyed. Staff proposes to add an additional item to this form with a link to the flood plain and
rental permit map, so landlords and residents can easily see if the property is in the flood plain.
Flood plain maps are indicative of possible flood risk, but flood risks for specific
properties/structures must be field -verified. Being in the flood plain does not change any rules
or regulations for existing properties.
In addition, staff will 'tag' rental permits if the property is in the floodplain, and have that
information on hand for internal use, and/or if a tenant contacts us for the information.
Modifying our permit information will be implemented as permits are renewed (approximately
two years to complete)
Financial Impact: The GIS map will require maintenance as rental permit addresses change.
Staff anticipates updating the map annually. Now that the dataset has been created, we
anticipate 4-8 hours of staff time annually to update the dataset, produce the map, conduct
quality control on the information, and place it on the website.
Recommendation: Staff recommends amending Housing Code Section 17-5-14 regarding the
Information Disclosure and Acknowledgement Form to require adding a notice of the availability
of the flood plain and rental permit map, and a link to said map. Staff will proceed with
preparing said amendment, unless directed otherwise.
2016 JAN 21 PM 6:32 CITYf IOWA CITY
January 19, 2016 t^11'Y i � € p1, 410 East Washington Street
1�d-)a,.'�'� Iowa City. Iowa 52240-1826
(319)356-5000
' (319)356-5009 FAX
www.icgov:org
Dear City Council,
AtourDecember. meeting, .the Board -of Adjustment approved a motion to recommend that the
C1ty,Council coq$lderta,policy to require, landlords to disclose to tenants when residential rental
propetty'is located inthe floodplain.
There, are. two aspects to,.such. disclosure. The first is whether landlords are aware that a
particular rental prop" is located.in.the, floodpJain,.While most properly ,owners may know this
based on the additional insurance required fofpropeftres, it the 113odplain, ii is possible that a
property manager may not. For this reason, the Board re commends. that this-informafon be
requested as part of the rental permit process. This would compel anyone applying for a rental
permit to determine whether the property they manage is in the floodplain.
The second aspect is disclosure by the landlord to the tenant who will occupy a property. This
could be as simple as including an acknowledgement on the City's information and disclosure
form --a document that accompanies all residential leases.
This issue came to the attention of the Board in October, when we voted to approve the
establishment of residential units above ground floor commercial for a property located in the
Community Commercial (CC -2) zone. The property in question is located in the 500 -year
floodplain. The particular dwelling units approved by the BOA will be located many feet above
the floodplain elevation such that property damage is not likely an issue. However, it is possible
thatduring a flood,. residents, may be;unable.to access their apartments for some time. As a
condition of the approved special exceptiori,.the'applicaht is required;to d)sdose`tii tenants that
the,property is,located in the.flpodp�ain.
,W..hile,the- zoning .code requires All new buildings and additions to be constructed to floodplain
standards,.that,does not allpViate,alljisk.to renters. While flooding on the creeks is brief, floods
along the,lowa„ River.may take weeks or even more than a month to subside. Again, while this
may not put personal property at risk, it may present more than an inconvenience.
This motion by the Board recommending that City Council consider a policy requiring landlords
to disclose to tenants whether a property is located in the floodplain was passed by unanimous
(5-0) vote. We encourage you to consider a proposal implementing such a policy to ensure that
renters have the opportunity to weigh the potential risks that come with renting in the floodplain.
Sincerely,
Larry Bake , Chair
Iowa City Board of Adjustment