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HomeMy WebLinkAbout2017-04-04 OrdinancePrepared by Jann Ream, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5120 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 5B, SIGN REGULATIONS, TO ADJUST THE SIGN ALLOWANCE FOR FASCIA (BUILDING WALL) SIGNS IN THE CENTRAL BUSINESS ZONES AND CERTAIN RIVERFRONT CROSSINGS SUBDISTRICTS WHEREAS, it is the purpose of the Zoning Code sign regulations to enhance and protect the physical appearance and safety of the community, to protect property values and to preserve Iowa City's areas of natural, historic, and scenic beauty; and WHEREAS, these regulations were recently amended to align standards in the Central Business zones with the recommendations of the Downtown District Storefront and Signage Guidelines; and WHEREAS, the sign standards in the Central Business Zones also apply to the Riverfront Crossings- South Downtown, University, Central Crossings, Park, South Gilbert and Eastside Mixed Use sub -districts; and WHEREAS, the size allowance for fascia (building wall) signs in the Central Business Zones is based on the length of the street -facing storefront fagade, however, the standard does not adequately address the sign needs of unique stand-alone or taller buildings where the side walls do not abut an adjacent building; and WHEREAS, amending the language to allow fascia signs to be sized based on the length of the building wall on which a sign is placed will accommodate signage needs for stand-alone and taller buildings without adversely affecting the proportional standards for street -facing storefront facades; and WHEREAS, for ease of reference this amendment also moves the sign regulations for the Riverfront Crossings zones from the section of the code that describes the base zone into the sign code; WHEREAS, these amendments satisfy the purpose of the sign code and are in the public interest and; WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the sign ordinance and recommends approval; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. APPROVAL. The Code of Ordinances of the City of Iowa City is hereby amended as follows: A. Amend Table 513-4: Sign Specifications and Provisions in the CB -2, CB -5, and CB -10 Zones, deleting the standards for Fascia Signs and substituting in lieu thereof: r Fascia signs 1.5 times the length of the sign wall No longer than 90%of the length of the sign wall, sign band or storefront, whichever is most applicable to the location of the sign. Back lit cabinet signs, where the entire face is illuminated, are prohibited. C(�a . Internally illuminated plastic trim cap letter forms are prohibited. B. Delete 14 -2G -7F(9) "Signs' in the Riverfront Crossings Zones. C. Amend 14-56-8 "Signs Permitted by Zone" by adding the following as Subsection G: G. Sign Standards for Riverfront Crossings and Eastside Mixed Use Zones: 1. In the South Downtown, University, Central Crossings, Park, South Gilbert Subdistricts of Riverfront Crossings and Eastside Mixed Use Zone, signage on mixed use and nonresidential buildings shall be allowed according to the standards that apply in the CB -10 zone, except that in the South Gilbert Subdistrict the maximum sign area for fascia signs for Cottage Industries and associated uses located in existing buildings that are legally non- compliant with storefront frontage standards is 15% of the sign wall. 2. In the Gilbert subdistrict, signage for mixed use and nonresidential buildings shall be allowed according to the standards that apply in the CN -1 zone. 3. In the West Riverfront subdistrict, signage on mixed use and nonresidential buildings shall be allowed according to the standards that apply in the CC -2 zone, except that new freestanding signs shall be limited to fifteen feet (15') in height. 4. Signage for residential buildings shall be allowed according to the standards that apply in residential zones. For multi -family buildings, the larger sign area for fascia and monument signs as specified in multi -family zones applies. 5. Signs shall be integrated into the architectural design of the building and not dominate the facade or interfere with adjacent buildings. For buildings with multiple storefronts, a sign plan is required at the time of development that ensures that signage allowances are fairly apportioned according to the relative width of the individual storefronts and that the signage type and designs are consistent and complementary along the building frontage. 6. On storefront and urban flex frontages, storefront level signs shall be primarily oriented to pedestrians and scaled appropriately. Window signs and temporary signs in windows shall not block views into the interior and shall not cover more than twenty five percent (25%) of the storefront window area. 7. Sign installations shall comply with all other generally applicable sign regulations, standards, and requirements as set forth in this Article. SECTION li. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudicated 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 2017. ATTEST: City Clerk Mayor App ved by: � k �ch�vw✓Z��c�ctaw 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 that the First Consideration 04/04/2017 Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published I Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 ORDINANCE NO. 17-4701 ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE -OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES, SECTION 5, SOLID WASTE DISPOSAL, TO AMEND SOLID WASTE COLLECTION AND DISPOSAL FEES. WHEREAS, Iowa City Code section 3-4-5: Solid Waste Disposal: sets the amount of Fee, Charge, Bond, Fine and Penalty for various Solid Waste materials; and WHEREAS, the Resource Management division needs to increase a number of fees in order to keep up with the increased costs of operation; and WHEREAS, the City wishes to reduce the amount of litter caused by the transportation of unsecured or uncovered loads of refuse and other material to the landfill; and WHEREAS, the City wishes to discourage this litter by establishing a fee for arriving at the landfill with an unsecured or uncovered load; and WHEREAS, the City wishes to eliminate Solid waste permit fees, which have not been in use for several years; and WHEREAS, the City wishes to transition curbside yard waste disposal from $25 annual stickers or $1.25 per bag to a monthly $2.00 fee per dwelling unit, including food waste, effective January 1, 2018; and WHEREAS, the City wishes to increase the fees for curbside household refuse from $11.80 to $12.00 per dwelling unit, as well as increasing the fee for an additional refuse cart from $11.80 to $12.00, and increasing the fee for each additional bag from $1.25 to $2.50; and WHEREAS, the City wishes to increase the curbside recycling fee from $4.10 to $5.10 per dwelling unit; and WHEREAS, the City wishes to increase the fee for electronic waste brought to the landfill from $10.00 to $12.00 for TVs or monitors under 18", from $15.00 to $17.00 for over 18", and from $2.00 to $3.00 for other electronics; and for electronic waste collected curbside, setting the fees at $18.50 for TVs or monitors under 18", and $23.50 for TVs or monitors over 18"; and WHEREAS, the City wishes to increase the tire disposal fee from $.07 to $.15 per pound; and WHEREAS, for other solid waste, the City wishes to increase the minimum fee from $3.25 for anything under 160 pounds, to $6.50 for anything under 300 pounds for Iowa City residents, and $7.00 for non-residents; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 5, SOLID WASTE DISPOSAL: is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-5: SOLID WASTE DISPOSAL: In accordance with Title 16, Chapter 3, Articles A and H of this Code, the following fees, charges, bonds, fines, and penalties shall be imposed. Description Of Fee, Charge, Bond, Fine Or Penalty Charge Yard waste collection fees: Per dwelling unit, per month: 1$2.00 [ Untreated wood waste I Free Collection of large items fees: Appliance collection, per item collected $20.00 Bulky solid waste $12.50 per stop and 1 item; $6.00 per additional items Tire collection $3.75 per tire; $7.50 tire and rim Residential solid waste collection fees: Curbside household refuse: Per dwelling unit, per month 1$5.10 Iowa City community compost $20.00 per ton, $2.00 minimum Wood chip mulch $10.00 per ton, $2.00 minimum Deposit and delinquency fee combined for city water and/or sanitary sewer and/or solid waste collection accounts: Residential owner account, per combined $0.00 residential service for city water and/or Per dwelling unit, per month: 1$12.00 �— Per sticker for each additional bag $2.50 each beyond each unit's monthly allotment 'H Additional refuse carts over 1, per month $12.00 each Per 2 rooming units, per month (in $15.90 addition to the dwelling unit fees) Electronic waste TVs or monitors less than 18 inches $18.50 per item; TVs or monitors 18 inches or greater $23.50 per item r— Curbside recycling: Per dwelling unit, per month 1$5.10 Iowa City community compost $20.00 per ton, $2.00 minimum Wood chip mulch $10.00 per ton, $2.00 minimum Deposit and delinquency fee combined for city water and/or sanitary sewer and/or solid waste collection accounts: Residential owner account, per combined $0.00 residential service for city water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined $120.00 residential service for city water and/or sanitary sewer and/or solid waste collection service 5 percent current billed portion 5 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date Delinquency deposit for combined water and/or An amount equal to an average 2 month billing for the sanitary sewer and/or solid waste collection service delinquent account Special wastes disposal fees: — F Disposal of special wastes (except for 2 times the landfill use fees in this section asbestos containing material and contaminated soils) r Minimum fee � 2 times the landfill use fee for 1 ton �- Asbestos containing material (ACM): r— Nonfriable ACM, from Iowa City $100.00/ton premises subject to a property tax and city owned property Nonfriable ACM, from other locations $105.00/ton Friable ACM, from Iowa City premises $100.00/cubic yard subject to a property tax and city owned property r— Friable ACM, from other locations $105.00/cubic yard Minimum fee for any regulated ACM $10.00 r— Contaminated soil: $15.00/ton ! Minimum fee for contaminated soil $150.00 i Disposal of large items fees (see also Collection of large items fees above): Appliance disposal fees: i r Commercial per item disposed $1.00/cubic foot —� Residential per item disposed $12.50 (at landfill scale house) j Tire disposal fee: Per pound I $0.15 Subject to minimum fee $3.00 untreated wood waste and yard waste: $24.00/ton Minimum $2.00 Landfill use fees: - Arriving at the landfill with an unsecured or 1sr instance in trailing 12 months: Warning uncovered load: 2nd or subsequent instances in trailing 12 months: $50.00 fee. Electronic waste 0 per item; TVs or monitors less than 18 inches 2.00 per item; TVs or monitors 18 inches or greater F7.00 per item r— Solid waste from Iowa City premises subject to a property tax and city owned property: Total landfill fee per ton (includes state$42.50 fee per ton) r— All other solid waste: Total landfill fee per ton (includes state $47.50 fee per ton) r— Minimum fee in lieu of tonnage fees (300 pounds or less): Solid waste from Iowa City premises $6.50 subject to a property tax and city owned property —�I All other solid waste $7.00 TITLE 16, PUBLIC WORKS, CHAPTER 3, CITY UTILITIES, ARTICLE H, SOLID WASTE, SECTION 2, DEFINITIONS: is hereby amended to add the following definition: FOOD WASTE: Food scraps and biodegradable, compostable food -related discards, as further defined by landfill Solid Waste Rules and Regulations. 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. The amendment to the yard waste collection fees shall be effective January 1, 2018. All other amendments to the Ordinance shall be effective on July 1, 2017. Passed and approved this 4th day of April , 2017. ATTEST: 41111— -;4 CLERK App ed by City Attorney's Office Ordinance No. 17-4701 Page 6 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES NAYS First Consideration Vote for passage: Dickens, Mims, Second Consideration _ Vote for passage: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 03/21/2017 AYES: Throgmorton, Botchway, Cole, Taylor, Thomas. NAYS: None. ABSENT: None. Date published 04/13/2017 Moved by Mims, seconded by Botchway, 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: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Julie Voparil Subject: FW: ordinance question From: Eric Goers Sent: Thursday, April 13, 2017 5:06 PM To: Julie Voparil Subject: FW: ordinance question I'm not going to recommend changing the signed copy, so could you just attach my e-mail? Eric From: Rob Rollins [mailto:rob@sterlingcodifiers.com] Sent: Thursday, April 13, 2017 5:05 PM To: Eric Goers Subject: RE: ordinance question Works for me .... Recommend either Julie changes your copy OR attaching a copy of this email. Thanks Rob rob@sterlingcodifiers.com 208-665-7193 From: Eric Goers [mailto:Eric-Goers@iowa-city.org] Sent: Thursday, April 13, 2017 3:00 PM To: Julie Voparil <Julie-Voparil@iowa-city.org> Cc: 'Rob@sterlingcodifiers.com' <Rob@sterlingcodifiers.com> Subject: RE: ordinance question Rob, That's a scrivener's error, by me. That should remain $100.00. Our office thinks we're OK leaving it at $100.00 because we didn't talk about it up top in the exhaustive list of things we proposed changing. Eric Goers Assistant City Attorney 410 East Washington Street Iowa City, IA 52240 319-356-5030 319-356-5008 Fax e ric-goers@ Iowa-citv.o re i r � CITY OF IOWA CIT UNE$CO CITY Of EITERATOR( Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e- mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. From: Julie Voparil Sent: Thursday, April 13, 2017 2:52 PM To: Eric Goers Cc: 'Rob@sterlingcodifiers.com' Subject: FW: ordinance question Ref. Ord. 17-4701 Solid Waste Fees This email came from our Codifer. Can you help ? [See yellow highlight.] From: Rob Rollins[mailto:robCcbsterlingcodifiers.coml Sent: Thursday, April 13, 2017 12:53 PM To: Julie Voparil Subject: ordinance question Ord 17-4701 the chart page 3 under "special waste disposal fees" then the entry for "minimum fee for any regulated ACM" the fee is listed as $10 — in the code currently this fee is $100 — was it the intent to change this fee from $100 to $10? Please advise. Thanks - Rob Rollins, President Sterling Codifiers 3906 N. Schreiber Way Coeur d'Alene, ID 83815 rob@sterlinecodifiers.com 208-665-7193 me 'r CITY OF IOWA CIT -^� COUNCIL ACTION REPO R March 7, 2017 Ordinance amending Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties for proposed changes to Solid Waste Disposal Fees Prepared By: Chris O'Brien, Director of Transportation & Resource Management Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: Proposed ordinance results in the change of several fees within the solid waste collection service and landfill operations. C � PED Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: This proposed ordinance change will result in the amendment of solid waste disposal rate changes. The proposed changes to solid waste disposal rates will establish a more sustainable funding model and create a funding mechanism for new programs. The proposed ordinance amendment will adjust monthly refuse and recycling collection fees by $0.20 and $1.00 respectively, while also establishing a monthly yard waste fee per dwelling unit of $2.00. Fees for additional refuse bags will increase to $2.50 per bag. Collection fees for TVs and monitors will be set at $18.50 for each unit 18 inches or less and $23.50 for each unit over 18 inches. Fees at the Landfill will increase for disposal of TVs and monitors to $12.00 for each unit less than 18 inches and $17.00 for each unit over 18 inches. The fee for small electronics will increase to $3.00 per unit. Tire disposal fees at the landfill will increase to $0.15 per pound. The minimum tipping fee at the landfill will increase to $6.50 for Iowa City premises subject to property tax and city owned property and $7.00 for all other solid waste. Lastly, a fee will be established charging $50.00 per occurrence for vehicles arriving at the landfill with an unsecured load after allowing for a $0 warning for the first violation. All of these amendments would be effective July 1, 2017, except the yard waste collection fees, which would be effective January 1, 2018. Background / Analysis: As a part of the FY2018 budget process, solid waste collection and landfill fees were evaluated to determine if any adjustments were required in order to ensure coverage of both operational expenses as well as upcoming capital projects. Several areas were noted as requiring fee adjustments to account for the increasing costs of providing solid waste collection, recycling and landfilling services. The costs to the landfill for processing electronic waste has steadily increased over the last few years. This has resulted in a proposal to increase the fees charged to cover the costs we incur to collect and process electronic waste. Landfill fees are proposed to increase from $2.00 to $3.00 per unit for small electronics, from $10.00 to $12.00 per unit for TVs and monitors less than 18 inches and om $15.00 to $17.00 per unit for TVs and monitors over 18 inches. These increases will also appear in the fees charged for curbside pick-up services for electronic waste. r 1 CITY OF IOWA CITY %�� COUNCIL ACTION REPORT Additionally, the landfill has seen an increase in the costs associated with the disposal and processing of tires, which are prohibited from being landfilled. An evaluation of the costs and the anticipated revenues resulted in the need to propose a fee increase from $0.07 per pound to $0.15 per pound in the fees associated with these services as the current fee model was not sustainable. Over the past several months, the City has implemented several initiatives as a part of a larger waste minimization plan that resulted in a necessary adjustment of fees to cover the cost of the new programs. Beginning in FY2018, the City's curbside solid waste collection programs will be transitioning to a single stream recycling program from the current sorted curbside recycling program. In addition, a curbside food waste collection program will also be implemented. It is anticipated that the implementation of these two initiatives will have a positive impact by reducing the amount of material being landfilled and increase convenience to residents. In order to fund these programs, the monthly recycling fee will increase from $4.10 to $5.10 and a monthly yard waste/food waste fee will be established at $2.00 per month. In addition, the fees for monthly curbside refuse collection services will increase from $11.80 to $12.00, while the fee for stickers for extra refuse bags will increase from $1.25 to $2.50 each. The minimum fee charged to landfill customers is proposed to increase from $3.25 to $6.50 for Iowa City premises subject to property tax and city owned property and from $3.50 to $7.00 for all other solid waste. This fee in being implemented to assist in financing annual operations and is comparable to landfill tipping fees in other Iowa communities. In order to reduce the amount of litter in areas near and on the landfill site, a fee is being established for those vehicles that arrive at the landfill with unsecured loads. The fee is being set at $50.00 per occurrence with the first violation resulting in a $0 warning. This fee is being established, as a part of our secured load policy, as a mechanism to reduce the amount of litter that accumulates along Melrose Ave., IWV, Hebl Ave. and the landfill site. We spend over $35,000 annually in services to pick-up litter in these areas. Landfill staff has been and will continue to educate customers about the policy leading up to July 1 in an effort to minimize instances where it is necessary to charge this fee. The proposed changes to the solid waste disposal fee structure will result in a more sustainable funding model for ongoing operations and capital projects while also funding new programs that will have a positive environmental impact.