HomeMy WebLinkAbout2018-03-20 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 20th day of March, 2018, in
Emma J. Harvat Hall, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
1. An ordinance approving a rezoning and
Sensitive Areas Development Plan for
Lindeman Subdivision Part Eight,
located in the OPD-5/OPD-8 zone
located South of Lower West Branch
Road and North of Anna Street.
2. An ordinance amending Title 14,
Zoning and Chapter 17-5 Housing
Code, to amend and clarify regulations
related to occupancy of residential
dwellings and to establish standards to
ensure adequate parking and open
space for both rental and owner
households that promote safe,
healthy, and stable residential
neighborhoods.
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, City Hall, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
Kellie Fruehling, City Clerk
03-20-18
4a
To: Planning and Zoning Commission
Item: REZ18-0006/SUB18-00001
Lindemann Subdivision Part 8
GENERAL INFORMATION:
Applicant:
STAFF REPORT
Prepared by: Bob Miko and Sylvia Bochner
Date: February 15, 2018
Allen Homes, Inc.
P.O. Box 3474
Iowa City, IA 52244
319-530-8238
319-337-4610
Contact:
Ron Amelon, MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
319-351-8282
r-amelon@mmsconsultants.net
Property Owner:
Charles and Phyllis Lindemann Revocable Trust,
Lindemann, Robert G., and Ruth Geraldine Kabala
Residuary Trust
P.O. Box 3474
Iowa City, IA 52244
Requested Action:
Approval of a preliminary plat and OPD plan
Purpose:
To allow for the development of a 39 -lot residential
subdivision including 36 single family lots and 3 lots
with 41 townhouse style dwellings.
Location:
South of Lower West Branch Road SE and north of
Anna Street
Size:
20.24 acres
Existing Land Use and Zoning:
Undeveloped, OPD -5 and OPD -8
Surrounding Land Use and Zoning:
North: Residential (County R and A)
South: Residential (OPD -5 and OPD -8)
East: Residential (OPD -8)
West: Residential (OPD -5)
Comprehensive Plan:
Northeast District Plan
Neighborhood Open Space District:
Lower West Branch
File Date:
January 11, 2018
45 Day Limitation Period: February 25, 2018
BACKGROUND INFORMATION:
In 2001, approximately 95 acres were annexed into the city for the Lindemann Subdivision. Upon
annexation, the western 35 acres were zoned Low Density Single Family Residential (RS -5), and
the eastern 60 acres were zoned Medium Density Single Family Residential (RS -8). The rezoning
was subject to a Conditional Zoning Agreement (CZA) that included requirements for the developer
to contribute funds to the City for the reconstruction of Lower West Branch Road to the north of the
property; inclusion of a greenway and trail along the stream and wetland corridor, and an
interconnected street pattern including future street connections to Lower West Branch Road.
A preliminary plat and Sensitive Areas Plan for Lindemann Subdivision with 261 -lots was approved
in in 2002. The Sensitive Areas Plan was required due to the presence of wetlands and a stream
corridor on the property. This is the reason for the OPD -5 and OPD -8 zoning designation. Since
2002, final plats have been approved for Lindemann Subdivision Parts 3 through 7 and most of
those lots have been built upon. The applicant is now requesting approval of preliminary plat and
sensitive areas development plan for Lindemann Subdivision Part Eight, the final phase of the
overall development. The proposal includes 36 single family lots, 3 lots with 41 townhouse style
dwellings, and an outlot for wetland preservation and parkland.
The applicant has indicated that they have used the "Good Neighbor Policy" and conducted a good
neighbor meeting on January 25. A summary of the report of the meeting is attached.
ANALYSIS
Comprehensive Plan: This property is located within the Northeast District. The district plan
indicates that the area is appropriate for single family residential uses with townhouses near
Lower West Branch Road. The district plan depicts a subdivision with interconnected streets and
a linear open space along the stream corridor. The proposed subdivision design, which includes
a mix of single family lots, townhouse style multifamily units, and a 5.16 -acre outlot for wetland
preservation and open space, is consistent with the concept for this area as shown in the district
plan.
Zoning Code: The eastern portion of the property is zoned Planned Development Overlay
Medium Density Single Family (OPDB) and the western portion is zoned Planned Development
Overlay Low Density Single Family (OPD -5). The OPD zoning designation was placed on this
property when an OPD plan was approved for the remainder of the Lindemann development
because of the presence of wetlands and a stream corridor. The subject area was identified as
an outlot for future development, but no specific OPD plan was approved. The applicant is now
proposing an OPD plan that includes a total of 41 townhouse style dwelling units on lots 9, 10 and
39. Lots 1 through 8 are single family lots that comply with the RS -5 zoning standards. Lots 11
through 38 are single family lots that comply with the RS -8 zoning standards.
General Planned Development Criteria: Applications for Planned Development rezonings are
reviewed for compliance with the following standards according to Article 14-3A of the Iowa City
Zoning Ordinance.
1.The density and design of the Planned Development will be compatible with and / or
complimentary to adjacent development in terms of land use, building mass and scale, open
space and traffic circulation and general layout.
Density: On Lots 9,10, and 37, the proposed density is approximately 9 units per acre. The overall
proposed density, including the area of Outlot A, the single family lots, and Lots 9, 10, and 39, is
4.26 units per acre. The overall density is compatible with the surrounding area and the underlying
RS -5 and RS -8 zoning, which allows a maximum density of 5 to 8 units per acre.
Land use and layout: The site plan shows 41 townhouse -style units located in 8 buildings. These
buildings have frontage on Lower West Branch Road, Kennith Drive, Danielle Street, and Olivia
Court, with vehicular access provided from private rear alleys. The private rear alleys for 6 of the
buildings surround a rectangular area of open space. The plat indicates that amenities, such as
seating and grills, may be provided in this area, which will be addressed in the final plat. Staff
recommends that the concept plan showing the amenities be included on the preliminary OPD
plan.
Mass and scale: The site plan shows 8 townhouse -style buildings with 4, 5, or 6 units per building,
with widths of 111.34', 139' or 166.67' respectively. The plat shows that each unit on these
buildings will be articulated to help keep these larger buildings in scale with the surrounding
neighborhood. There are similar townhouse buildings directly to the east of Lindemann
Subdivision. In staff's view the scale and mass of the proposed townhouse buildings is compatible
with the existing and proposed residential development.
Traffic circulation: The plat includes the creation or extension of three street: Danielle Street,
Kennith Drive, and Olivia Court. These streets, along with private rear alleys, will provide sufficient
traffic circulation for the Planned Development.
2. The development will not overburden existing streets and utilities.
Access to the development will be provided via Lower West Branch Road, along with streets
created and extended as part of this subdivision, as described above. These streets will be
sufficient to serve the proposed development and utilities will be constructed as part of the
subdivision.
3. The development will not adversely affect views, light and air, property values and privacy of
neighboring properties any more than would a conventional development.
The proposed planned development is surrounded by other lots to be developed as part of this
subdivision. The townhouses will be similar to others that exist in adjacent subdivisions. The
buildings will be two stories, similar to single family homes and townhouses in the neighborhood.
Both private and public open space is being provided to serve the residents of the development.
In staff's view the location, scale, and design of the proposed townhouses is compatible with the
larger neighborhood.
4. The combination of land uses and building types and any variation from the underlying zoning
requirements or from City standards will be in the public interest, in harmony with the purpose of
the zoning code and with other building regulations of the City.
The applicant is seeking variations in the RS -8 standards to allow multifamily buildings rather than
single family dwellings on individual lots and they propose to dedicate 5.16 acres of property to
the City for public open space. The plan also includes approximately 3.5 acres of private common
open space for use of the residents of the townhouses. In staff's view these variations will be in
the public interest by providing usable open space and by providing more diverse housing options
in this area.
Subdivision Regulations: The proposed subdivision meets all subdivision standards for street
and block design. In staff's view the subdivision design complies with the Neighborhood Design
Principles of the Northeast District Plan, including a variety of housing types, interconnected
streets, provision of open space, preservation of wetlands, and a continuation of the trail network
along the stream corridor.
Environmentally Sensitive Areas: The property contains wetlands and a stream corridor in the
area identified as Oultlot A. One of the purposes of the Sensitive Areas Ordinance is to foster
urban design that preserves open space and minimizes disturbance of environmentally sensitive
features and natural resources. The buffers required by the Sensitive Areas Ordinance are meant
to accomplish the goal of preserving the sensitive environmental features. A 100 -foot buffer is
required between the wetland and any development activity and a 15 -foot buffer is required
between the 30 -foot wide stream corridor and any development activity. The plat includes a
stream corridor buffer and the 100 -foot wetland buffer on the east side of Outlot A. These buffers
are contained within Outlot A, which will be dedicated to the City.
On the west side of the Outlot A, the applicant is requesting that a portion of the wetland buffer
be reduced from 100 feet to 25 feet. Section 14-51-6 E.3. of the zoning code allows for
consideration of buffer reductions where the wetland is less than 5 acres, does not contained
endangered species or plants of regional significance, is not located within a regulated stream
corridor, does not contain standing water, is not a forested wetland and does not provide habitat
for migratory birds. The applicant has submitted a wetland report indicating that the area for which
the wetland buffer reduction is being requested meets these requirements. Staff notes that the
wetland near the area where the buffer reduction is being requested was previously disturbed
when the sanitary sewer line was installed.
A small portion of the buffer will be on lots 6, 7, and 8. At the time a final plat approval a
conservation easement will be needed for those areas.
Neighborhood parkland: The applicant proposes to dedicate Outlot A, which contains 5.16 acres
is to be dedicated to the City for parkland. This will more than satisfy the neighborhood open space
requirements. Although Outlot A contains a significant area of undevelopable wetlands, there are
areas at the end of Lindemann Drive and Olivia Court that are suitable for active park uses. The
Parks and Recreation Commission has agreed to accept Outlot A.
Stormwater management: Stormwater will be directed into the exiting stormwater sewers and the
creek contained in Outlot A. Stormwater detetention will be provided in the Scott Park detention
regional basin, therefore no stormwater detention facilities are required on this property.
Infrastructure fees: Required fees include a watermain extension fee of $435 per acre and a
sanitary sewer tap -on fee of $1,038.26 per acre. When this property was annexed into the City in
2001 Lower West Branch Road was a county road built for rural traffic. As a condition of
annexation and zoning the property for development, the applicant agreed to contribute a portion
of the cost of improving Lower West Branch Road to City standards. Payment of these feels will
be need to addressed in the legal papers at the time of the final plat.
Revised plat: Staff received a revised plat on February 8 and is in the process of reviewing it. We
anticipate completing the review before the February 15 Planning and Zoning Commission meeting.
STAFF RECOMMENDATION:
Staff recommends deferral of this application pending review of the revised plat. Upon resolution
of deficiencies staff would recommend approval of REZ18-0006/SUB18-0001, an application
submitted by Allen Homes, Inc. for a rezoning and Preliminary Plat and Sensitive Areas
5
Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre residential
subdivision located in the OPD-5/OPD-8 zone located South of Lower West Branch Road and
North of Anna Street.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat/Sensitive Areas Development Plan.
3. Summary Report Good Neighbor Meeting.
Approved by:
Department of Neighborhood and Development Services
�1 SUB18-00001
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Lindemann Subdivision Part 8
I i I i I Prepared By: Sylvia Bodiner
Date Prepared: January 2018
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MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
FEBUARY 15, 2018 — 7:00 PM — FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Phoebe Martin, Mark
Signs
MEMBERS ABSENT: Max Parsons, Jodie Theobald
STAFF PRESENT: Wendy Ford, Sara Hektoen, Karen Howard, Stan Laverman, Bob
Miklo
OTHERS PRESENT: John Yapp, Kevin Digmann, Nick Psihayos
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 5-0 the Commission recommends approval of REZ18-0006/SUB18-0001, an
application submitted by Allen Homes, Inc. for a rezoning and Preliminary Plat and
Sensitive Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre
residential subdivision located in the OPD-5/OPD-8 zone located South of Lower West Branch
Road and North of Anna Street.
By a vote of 5-0 the Commission recommends approval of the amendments to Title 14, Zoning
Code, and Chapter 17-5, Housing Code.
By a vote of 5-0 the Commission recommends to forward a written recommendation to the City
Council stating that the Foster Road Urban Renewal Plan conforms to the Iowa City
Comprehensive Plan, and conforms with the general plan for the development of the City of
Iowa City.
LOL'AltMISMORT91-:4.1
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
---> DEVELOPMENT ITEM/REZONING ITEM (REZ18-00006/SUB18-00001):
Discussion of an application submitted by Allen Homes, Inc. for a rezoning, Preliminary Plat and
Sensitive Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre
residential subdivision with 36 single family lots and 41 townhouse style multifamily dwellings
located in the OPD- 5/OPD-8 zone located South of Lower West Branch Road and North of
Anna Street.
Miklo showed an aerial of the area. This area was annexed into the City in 2001 and zoned RS -
5 (Low Density Single Family Residential) and RS -8 (Medium Density Single Family
Summary Report for
Good Neighbor Meeting
Project Name: Lindemann Subdivision Part Eight
Meeting Date and Time: Jan. 25th at 5:30
Meeting Location: St. Patrick's Church
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CITY OF IOWA CITY
Location: Lower West Branch Road
Names of Applicant Representatives attending: Jesse Allen & John Yapp
Ron Amelon & Gina Landau
Names of City Staff Representatives attending: none
Number of Neighbors Attending: 23 Sign -In Attached? Yes X No
General Comments received regarding project (attach additional sheets if necessary) -
Attendees were pleased that the density will remain virtually the same with the new OPD zoning
They were happy that stormwater will be addressed and follow the city regulations
Wetlands will remain untouched/preserved
As many trees as possible will remain when site is being graded
Inquiries as to when construction would begin for infrastructure and then for foundations/approval timeline
Townhouse design is good and liked the colored elevations Jesse brought as an example
Concerns expressed regarding project (attach additional sheets if necessary) -
Townhouses - Where do front doors & garages face? Will they be 2 story? For sale or rent?
Concern about where the site drains to, wetland preservation, keeping as many trees as possible
Lot sizes too small & questioning price point on single family
Will Centurylink provide phone service? Some surrounding homeowners couldn't get it
Any low income planned? Meth lab was discovered last year in the area
Low water pressure on Hummingbird, want to make sure there is enough to handle this dev.
Will there be any changes made to the proposal based on this input? If so, describe:
None planned at this time
Staff Representative Comments
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 2 of 21
Residential). In 2002 in was rezoned and a preliminary plat was approved for the Lindemann
Subdivision, the rezoning was to Planned Development Overlay (OPD) to address the sensitive
areas on the property which included wetlands and a stream corridor. At that time this portion of
the property was platted as an outlot for future development and although it has the Planned
Development Overlay designation there wasn't a specific plan approved or plat approved for this
portion of the property.
Miklo said that the current application is to amend the zoning to approve a specific Planned
Development Overlay Plan and also to approve the preliminary plat for the property. Miklo
stated that the western part of the property zoned RS -5 would contain single family lots, the
center of the property that contains the stream corridor and associated wetlands, is partially
zoned OPD -5 and partially zoned OPD -8 and would be dedicated to the City for park land and
wetland preservation. The eastern portion zoned RS -8 and has the OPD over it will contain
several single family lots plus townhouses that would be clustered in the northeast area. That
will be due to transferring some of the areas from the sensitive areas over to this area. Miklo
noted that the staff report reviews all the conditions and criteria to be reviewed for Planned
Development Overlay and staff finds that this application meets those conditions and criteria.
Miklo reiterated that the sensitive areas are being set aside into an outlot, there is a buffer
reduction requested along the west side where normally a 100 foot buffer would be required, but
they are asking in places for the buffer to be reduced down to 25 feet but would be 100 feet in
other areas. Miklo explained that in this area the wetland was previously disturbed for the
extension of a sewer line through the area and this portion does meet the test for wetland buffer
reduction.
Stormwater management is provided through a regional management system in Scott Park,
however they will be installing storm sewer and directing the storm sewer towards the creek or
existing storm sewer systems in the adjacent streets.
Miklo stated there are infrastructure fees associated with this application including a watermain
extension fee, a sanitary sewer tap -on fee, and fees towards the improvements to Lower West
Branch Road.
Staff did receive a revised plat for this application this week and all the technical questions
identified by the City Engineers have been satisfied. Staff recommends approval of REZ18-
0006/SUB18-0001, an application submitted by Allen Homes, Inc. for a rezoning and
Preliminary Plat and Sensitive Areas Development Plan for Lindeman Subdivision Part Eight, a
39 -lot, 20.24 -acre residential subdivision located in the OPD-5/OPD-8 zone located South of
Lower West Branch Road and North of Anna Street.
Freerks asked about the 3.5 acres of private common open space. Miklo noted that is a
mistake, the 3.5 acres is the entire lot and the private open space is just the center which is
roughly half an acre.
Freerks questioned if there were any steep or critical slopes in this area. Miklo replied that there
are no regulated slopes that require review.
Hensch asked about the buffer in the wetlands area. Miklo stated that the ordinance requires a
100 foot buffer from any jurisdictional wetland, but if the wetland is not associated with
endangered species, unique wetland plants, doesn't contain water for long periods throughout
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 3 of 21
the year, and is not associated with the stream corridor then the applicant can seek a buffer
reduction. Miklo noted that the eastern part of this wetland is associated with the stream
corridor and will contain the full buffer but the western portion where they are seeking the
reduction is outside the stream corridor. Therefore the City is allowed to reduce the buffer down
to 25 feet, however the Commission can choose to require the full buffer. Staff felt it was a
reasonable request given the wetland has already been modified for the sanitary sewer
installation. Hensch asked if the Commission doesn't approve the reduction, how the plan
would be altered. Miklo said if the reduction was not granted the cul-de-sac would have to be
pulled back further west so there would be fewer lots.
Dyer pointed out there are two cul-de-sacs in this plan and it seems like an awfully long drive to
get to the one on the west. Miklo said they had looked at that and the other option was to go
through the wetland to connect the cul-de-sac or continue north to Lower West Branch Road
and Staff felt it is more important in this situation to protect the wetlands than to connect the
streets. He added it is less than 900 feet which is the City maximum for cul-de-sac length. If
there weren't already other lots established in the area there may have been other options.
Freerks asked how the wetlands buffer preservation will happen when on private lots. Miklo said
those will be placed into a conservation easement.
Freerks opened the public discussion.
John Yapp (Allen Homes, Inc.) stated the plan includes single-family and townhouse properties,
and the single family lots will be slightly smaller than lots to the south as they are a bit narrower
but is balanced by the large amount of open space in the development. There will be a little
over five acres donated to the City and little over half an acre in the courtyard of the townhouse
lot. The overall density is a little over four units per acre.
Yapp noted they held a neighborhood meeting a couple weeks ago, some of the concerns of the
neighbors were what the townhouses would look like. Another concern was the lot sizes on the
Lindemann cul-de-sac so they adjusted their plans and made two of the lots slightly bigger (lots
7 & 8). Yapp stated they are including the trail that will extend to Lower West Branch Road and
complete the trail system from Lower West Branch Road to Court Street.
As Miklo noted they are requesting a reduction in the wetland buffer along the west side of the
wetlands which is in an area previously disturbed by the sewer line and in an area where the
trail will be. He added that it is not disturbing the wetland, just reducing the buffer. Yapp noted
that this area was previously farm wetland and does not contain the types of plants or wildlife
that would disallow reducing the buffer.
Yapp stated they do have interconnected streets except for as noted the two cul-de-sacs and
that was to avoid crossing the creek and disturbing the wetland. Anna Drive, the street just to
the south, does provide a bridge over the creek.
Yapp stated that MMS Consultants did produce a water pressure study to show the water
pressure is adequate for this development (which was another concern raised at the
neighborhood meeting). Another concern from the neighbors was the lack of Century Link
service on the north end of Lindemann Drive specifically. Yapp and Jesse Allen met with a
representative from Century Link yesterday to discuss this project and the existing areas to the
south and will work with them to bring fiber to the neighborhood. Century Link is very reluctant
to install copper or phone line because the number of customers that use that is dropping off,
but they are willing to invest in fiber.
Planning and Zoning Commission
February 15, 2018— Formal Meeting
Page 4 of 21
Yapp next showed images of the townhouse styles they are proposing. They feel they will have
variation in the townhomes both vertically and horizontally with the roof lines, stoops, how far
back the front doors are, sizes of the townhouses, and changes in colors. He showed an
example of the courtyard in the middle of the property. There is also variety in the backs of the
units, some have decks over the garages with patio doors that go into the units, some will be
smaller and instead of a deck there is a three -season room next to the garage.
Dyer asked in the courtyard if there would be any amenities. Yapp replied they will include a
gazebo and seating and grilling areas -and have submitted a concept plan with those amenities.
Hensch asked about the wetland buffer and if the wetland area buffer could be larger if those
adjoining lots were decreased a bit. Yapp replied it is a balancing act in trying to meet City
Code, goals of the Comprehensive Plan and also trying to meet approval of neighbors. In this
case a couple of the lots were smaller and several neighbors requested the lot size be
increased to be more consistent with others on the street.
Signs asked if Scott Park water retention area flooded over Scott Boulevard in the past. Miklo
stated he doesn't believe Scott Boulevard ever flooded over, it has been full with water but has
not gone over the street. Martin confirmed that she lived in the area in 2008 and it did not go
over the street.
Hensch asked if there has been water issues with the neighborhood to the south. Miklo is not
aware of any issues.
Freerks closed the public hearing.
Signs moves to recommend approval of REZ1 8-0006/SUB1 8-0001, an application
submitted by Allen Homes, Inc. for a rezoning and Preliminary Plat and Sensitive
Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre
residential subdivision located in the OPD-5/OPD-8 zone located South of Lower West
Branch Road and North of Anna Street.
Martin seconded the motion.
Hensch noted that it probably doesn't make a difference on this application but shared an
overall concern of reducing wetlands buffers as it was also part of another recent application
and the idea of the buffer is to slow down water and keep areas intact. He shared concerns
about water quality, erosion and wet neighborhoods. Freerks agreed but was happy to see the
exchange of land to the City in this proposal and that will help to protect the wetlands. Dyer
added her concern about building on the narrowed buffer.
A vote was taken and the motion passed 5-0.
REZONING ITEM (REZ18-00003):
Discussion of an application submitted by Hodge Construction for a rezoning of approximately
1.1 acres from Intensive Commercial (CI -1) zone to Riverfront Crossings - Central Crossings
(RFC -CX) zone for property located at 225 & 225'/2 E. Prentiss Street.
Miklo began the staff report noting the location of the property as south of Prentiss Street and
east of Ralston Creek, it is currently zoned Intensive Commercial which does not allow any
FILE®
Prepared by: Sylvia Bochner, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; 319-5240
(REZ18-00001) MAR 0 6 2018
4:4o p,M
Ordinance No. City Clerk
!CW2 Cty, !OW;73
Or
nce approving a rezoning and Sensitive Areas Development
Plan f Lindeman Subdivision Part Eight, located in the OPD -5 and
op D_8 z e located South of Lower West Branch Road and North of
Anna Stre4. (REZ18-0006)
Whereas, the aNplicant, Allen Homes Inc., has requested a
West Branch Road Sk and north of Anna Street to approve a p
Plan (OPD Plan); and
Whereas, a prelimin plat and Sensitive Areas Plan for/
2002; and
Whereas, the Planned velopment Overlay zoning
prior phase of the Lindemann evelopment, but no spe
approved for this portion of the pr erty; and
Whereas, the Comprehensive Ian indicates
uses along with townhouses near Lo r West Brai
Whereas, the proposed Sensitive eas Deve
lots and 3 lots with a total of 41 townho a style
located within Outlot A, is consistent with th com
Whereas, the Planning and Zoning CWry
recommended approval of the rezoning and ss
attached hereto and by reference made part Of th
of property located south of Lower
and Sensitive Areas Development
Lindemann Subdivision was approved in
ignation was placed on this property during a
OPD Sensitive Areas Development Plan was
the this area is appropriate for single-family residential
ch oad; and
o ment Plan (OPD Plan), which includes 36 single family
welling units and provides for the protection of wetlands
ehensive plan for this area; and
ission has reviewed the proposed rezoning and has
)ciated Sensitive Areas Development Plan (OPD Plan),
document, and has recommended approval; and
Now, therefore, be it ordained by the City 7ouncil of thq City of Iowa City, Iowa:
Section I Approval. Property descri d below is heby approved for a rezoning to approve a Sensitive
Areas Development Plan (OPD Plan):
Outlot "H", Lindemann ubdivision — Part Two A, owa City, Iowa, in accordance with the plat
thereof recorded in B k 47, at page 76, in the re rds of the Johnson County Recorders
Office, containing 2 .25 acres and subject to easem\confli
d restrictions of record.
Section II. Zoning M/.he Building Inspector is hereby ad and directed to change the zoning
map of the City of Iowaowa, to conform to this amendn the final passage, approval and
publication of this ordinaaw.
Section III. Certifi Recording Upon passage ande f the Ordinance, the City Clerk is
hereby authorized and irected to certify a copy of this ordinancred rd the same, at the office of the
County Recorder of J hnson County, Iowa, at the owners expens pro ed by law.
Section IV. R ealer. All ordinances and parts of ordinin confli with the provisions of this
Ordinance are her by repealed.
Section V. verabili . If any section, provision or part of tnance shall adjudged to be invalid
or unconstituti al, such adjudication shall not affect the validityOrdinance as whole or any section,
provision or rt thereof not adjudged invalid or unconstitutional.
Sectio I. 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 20_
Mayor
Ordinance No.
Page 2
Approved by:
Attest:
City Clerk City Attorney's Office
.ED
61018
409-"
Clerk
ty, Iowa
Development Item/Rezoning Item
R EZ 18-00006/S U B 18-00001
Discussion of an application submitted by Allen Homes, Inc.
for a rezoning, Preliminary Plat and Sensitive Areas
Development Plan for Lindemann Subdivision Part Eight, a 39 -
lot, 20.24 -acre residential subdivision with 36 single family lots
and 41 townhouse style multifamily dwellings located in the
OPD-5/OPD-8 zone located South of Lower West Branch Road
and North of Anna Street.
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l 03-20-18
I . —4 CITY OF IOWA CITY 4b
Z- MEMORANDUivi
Date: February 15, 2018
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
Re: Zoning Code amendments to address changes to state law regarding occupancy
of residential dwellings
Introduction: In April 2017, the state legislature adopted a law to prohibit municipalities, after
Jan. 1, 2018, from enforcing any regulation that limits occupancy of rental property based on the
existence of familial relationships. Controlling occupancy is particularly important in college
towns, such as Iowa City where there is a high demand for student rental housing in
neighborhoods close to campus. Without reasonable controls on occupancy, singles, couples,
families, and retirees have a difficult time competing with groups of students for available single
family homes and duplex units, which can instead be rented and operated as de facto rooming
houses with new students moving in and out on a yearly basis. Establishing a balance between
short term rental opportunities for students and long term housing options for more permanent
residents has always been a challenge in Iowa City's central neighborhoods, which has now
been made more difficult by this change in state law.
In December, as a first phase of the effort to address this issue, the City Council adopted
changes to the Housing Code. These changes include a cap on the number of single family and
duplex rentals allowed in neighborhoods close to the UI campus, a limit on the amount space
within a dwelling that can be used as bedrooms, and a requirement for a minimum amount of
shared living space (living, dining, kitchen areas) within the dwelling based on the number of
bedrooms in the unit. In addition, a number of other requirements and enhanced enforcement
procedures were added to improve the safety and security of dwelling units in anticipation that
occupancies will increase. As a second phase of this effort, changes to the zoning code are
proposed, as described in this memo.
Background: In the Iowa City Zoning Code, residential uses are classified as either "Household
Living Uses" or "Group Living Uses." Household Living Uses include Single Family, Two Family
(duplexes), and Multi -Family Dwellings. One "household," as defined in the code, is allowed
within each of these types of dwelling units. In simplified terms, a household is currently defined
as a single person, or a family with up to one roomer, or a group of no more than 3 unrelated
persons. Group Living Uses are characterized by the residential occupancy of a dwelling by a
group of people who do not meet the definition of a household. Group Living Uses contain
private rooming units that provide facilities for living and sleeping, but not for cooking, and may
contain shared living spaces. Group Llving Uses include rooming houses, group care facilities,
nursing homes, assisted living facilities, fraternities and sororities, and similar.
Page 2
Household Living is distinguished from Group Living in that members of a household live
together as a single housekeeping unit where the responsibilities and expenses of the
household are shared. For example, household members typically share food, household
supplies, vehicles, and all areas of the home are open to all members of the household. In
contrast, in a Group Living Use, such as a rooming house, individuals have their own private
living space and do not typically share household expenses, supplies, vehicles, and the like.
Since Group Living Uses tend to be larger in scale and occupancy than single family dwellings
or duplexes and typically need more space for parking, they are only allowed in higher density
multi -family and mixed-use zones. However, by eliminating the typical means of defining a
"household" (by familial status), it is much more difficult to determine whether a use is a Single
Family Use or whether it is a roominghouse. In other words, if an unlimited number of
individuals can rent a single family house, when is it no longer a single family use? At what point
does it become a rooming house? We will need to rely on other methods to prevent
overcrowded conditions and inappropriately scaled dwellings intended solely to maximum
residential occupancy without regard to the character, livability or long term stability of the
neighborhood.
Discussion of Solutions:
To address the issues described above and to promote safe, healthy, and stable residential
neighborhoods with a mix of housing types and adequate parking and open space for both
rental and owner households, the following changes to the zoning code are proposed:
1. There have been a number of changes to the occupancy limit for Household Living Uses
over the years. When those changes were adopted, occupancy of existing rental permits
were "grandfathered." Since there will no longer be a stated limit on the number of
unrelated persons within a unit, there is no longer a need to grandfather existing rental
occupancies, so these sections of the zoning code should be deleted.
2. To clarify how occupancy is determined, a cross reference to the Housing Code will be
added to all the base zone chapters, including the form -based zoning district chapter,
which will also provide notice that occupancy of properties that are not in compliance with
the minimum zoning requirements for parking and open space will be limited by the
provisions of the Housing Code.
3. The parking requirement for Single Family and Two Family Uses is currently 1 parking
space per dwelling unit plus 1 additional parking space for each additional unrelated
person in excess of two. Since a requirement based on familial status is no longer
enforceable, new parking requirements for single family homes and duplexes are
proposed, as follows:
• For 1 -bedroom and 2 -bedroom units: 1 parking space, plus one additional
parking space for each adult occupant beyond 3.
• For units with 3 or more bedrooms: 2 parking spaces plus one additional parking
space for each adult occupant beyond 3.
Page 3
This will keep parking requirements similar to what is currently required. For most single
family homes and duplexes the requirement will be only 1 or 2 parking spaces per unit.
Only for those households that include a higher number of adults will the parking
requirement be higher. Basing the parking on the number adult occupants is a
reasonable approximation of parking demand because, in general, the greater the
number of adults in the household the higher the number of vehicles. Parking for multi-
family and group living uses remain the same, since requirements for these housing
types are already based on the number of bedrooms, rather than the number of
unrelated occupants.
4. A change to the occupancy standard is proposed for accessory apartments, deleting
reference to the household definition that was tied to familial status and establishing an
occupancy limit of two individuals. Note that accessory apartments are only allowed on
owner -occupied properties and are limited to one bedroom.
5. A new rear setback requirement is proposed for single family and duplex uses in the RS -
8, RNS-12, RS -12, RM -12, RNS-20, and RM -20 zones in the Central and Downtown
Planning Districts. This new standard is proportional to the depth of the lot. These are
zones that are prevalent in the older neighborhoods close to campus and zones intended
to provide opportunities for more affordable, modest homes on smaller lots. They are also
areas that are now vulnerable to inappropriate expansions to increase occupancy. The
proposed formula is: lot depth minus 80 feet for lots greater than 100 feet in depth. For
smaller lots, the rear setback remains 20 feet. This new standard was recommended by
form -based code consultants from Opticos to ensure "house -scale" buildings by
preventing homes from being extended deep into the lot to create a duplex or to add an
excessive number of bedrooms to an existing single family home. This will help to control
occupancy and will maintain a consistent placement of homes on the lot with open rear
yard space behind the home. Language is added to clarify that garages located in the
rear yard and attached to the home by a narrow breezeway are treated as detached
accessory buildings, so are not subject to the principal building setback. In addition, the
code clarifies that rear yard porches, including screened -in porches may encroach into
the rear setback, since these are desirable amenities that are often added to an existing
home, but will not increase the occupancy.
6. The side setback for multi -family and group living uses is increased to 10 feet to be
consistent with the standard in Riverfront Crossings. This will ensure that there is at least
20 feet between multi -family buildings on abutting lots. Similarly, the rear setback in the
PRM Zone is changed to be consistent with the standard in the Riverfront Crossings
District. The current standards have resulted in the close spacing of multi -family
buildings, such as along S. Johnson and S. Van Buren Streets, creating crowded
conditions and concerns about privacy, safety, and livability for residents.
7. The number of bedrooms in attached single family and duplex units is limited to 4. This is
a clear and objective standard that will be easy to administer and will help to control
occupancy to a reasonable level for these housing types.
Page 4
8. To mirror the change made in the Housing Code, the minimum bedroom size in multi-
family uses is increased from 70 square feet to 100 square feet. Since parking is based
on the number of bedrooms and occupancy is no longer limited to 3 unrelated persons,
excessively large bedrooms greater than 225 square feet or with any dimension greater
than 16 feet will be counted as two or more bedrooms. This will prevent bedrooms with
enough space for double occupancy without a commensurate increase in the parking
provided. This large bedroom standard also applies to attached single family and
duplexes.
9. A new minimum open space requirement is proposed for all household types, including
single family, duplexes, multi -family and group living uses. For multi -family and group
living uses, the open space requirement mirrors the requirement and standards currently
applied in the Riverfront Crossings District at 10 square feet per bedroom. For detached
single family uses, a minimum of 500 square feet of usable open space is required in the
rear yard. For duplexes, 300 square feet of usable open space per unit is required in the
rear yard. For attached single family (zero lot line and townhouses), 150 square feet of
open space is required in the rear yard. To provide relief in cases for unusually
constrained lots or lots with little rear yard space, such as reverse corner lots, infill lots,
oddly shaped lots, and similar, an option to request a minor modification to these
standards is provided. However, it should be noted that occupancy of a rental unit will be
constrained if the lot does not fully meet the open space requirement.
10. The descriptions of the residential use categories are amended to more clearly
distinguish Household Living Uses from Group Living Uses. For household living, added
language introduces the term "single housekeeping unit', which is then included in the
new definition of "Household" in Chapter 14-9A, Definitions. The obsolete definition of
household that is based on familial relationship is deleted. In the "exceptions' section of
Household Living, it also clarifies that if there is more than one residential lease issued
per dwelling unit or if there are locks installed on bedroom doors that create de facto
rooming units where an individual resident can prevent other residents from entering
his/her private room, then the use is classified as a Group Living Use.
11. In the definitions chapter of the zoning code, in addition to amending the definition of
"household," a definition of "adult' is added, since parking requirements for single family
and duplex uses will be based on the number of adults. Such a requirement is reasonable
as generally adults are drivers and children are not. There are a few clarifications added
to the definitions of "roomer," 'rooming house', "rooming unit," and "farm dwelling." Since
nonconforming rights are no longer granted for residential occupancy, the definition is
deleted.
12. In addition to the zoning code changes, the Council will be asked to add several clauses
to the Housing Code (Chapter 17-5), that address occupancy limits for single family and
duplex uses that do not meet the minimum parking or open space standards in the zoning
code. Also, a correction to the definition of "accessory dwelling unit' in the Housing Code
is necessary, since accessory dwelling units are not allowed for duplex uses. And finally,
Page 5
a clause is proposed to clarify that for existing single family and duplex rental units where
the percentage of bedroom space within the unit exceeds 35%, the use of those
bedrooms may continue, but no additional bedroom space may be added unless the unit
is brought into full compliance with the standard.
Recommendation: Staff recommends amending Title 14, Zoning Code, and Chapter 17-5,
Housing Code, as described in this memo and as indicated on the attached pages.
A red -lined version of proposed code amendments is attached. The underlined text is new
language to be added to the code and the strike -through notation indicates language to be
deleted.
Approved by:
Delete the following sections,
• Section 14 -4E -2E, Nonconforming Residential Occupancy
• Section 14-4E-9, Regulation of Nonconforming Residential Occupancy
• Section 14 -4E -5C, Occupancy of a Nonconforming Use
Amend 14-2A-5, 14-2B-5, 14-2C-5, and 14-2E-5, Maximum Occupancy for
Household Living Uses, as follows,
The residential occupancy of a Household Living Use is limited to one "household" per dwelling
unit, as this term is defined in Chapter 9, Article A, "General Definitions", of this Title. The
residential occupancy of a Household Living Use is constrained by the provisions of Chapter 17-
5, Housing Code. Occupancy of properties that are not in compliance with the minimum zoning
code requirements may be limited as set forth in Section 17-5-18S Regulations of
Nonconforming Situations
Amend paragraph 14 -2G -3A -2b. (Household Living Uses m the South Downtown,
Park, South Gilbert, and University Subdistricts), as follows.-
b.
ollows;b. Household Living Uses shall be allowed within permitted building types as specified in section
14-2G-5 of this article. For multi -family uses, the provisions in section 14-413-4 of this Title are
superseded by the standards in this article, and therefore, do not apply. Residential occupancy
is limited to one "household" per dwelling unit, as this term is defined in Chapter 9, Article A,
"General Definitions", of this Title. The residential occupancy of a Household Living Use is
constrained by the provisions of Chapter 17-5 Housing Code The maximum number of
bedrooms per dwelling unit is three (3). Residential density (units per acre): no maximum.
However, in the South Downtown and University Subditricts for apartment buildings, multi-
dwelling buildings and mixed use buildings the number of three (3) bedroom units per lot may
not exceed thirty percent (30%) of the total number of units on the lot. In the South Gilbert
and Park Subdistricts for apartment buildings, multi -dwelling buildings, and mixed use buildings,
the number of three (3) bedroom units per lot may not exceed twenty percent (20%) of the
total number of units on the lot.
Amend paragraph 14 -2G -3B -2c. (Household Living Uses in the Central Crossings and
Orchard Subdistricts and Eastside Mixed Use District;
c. Household Living Uses shall be allowed within permitted building types as specified in section
14-2G-5 of this article. For multi -family uses, the provisions in section 14-48-4 of this Title are
superseded by the standards in this article and, therefore, do not apply. Residential occupancy
is limited to one "household" per dwelling unit, as this term is defined in Chapter 9, Article A,
"General Definitions", of this Title. The residential occupancy of a Household Living Use is
constrained by the provisions of Chapter 17-5 Housing Code The maximum number of
bedrooms per dwelling unit is three (3).,
bedfeems is Uffestrieted. Residential density (units per acre): no maximum. However, in the
Central Crossings Subdistrict for apartment buildings, multi -dwelling buildings and mixed use
buildings the number of three-bedroom units per lot may not exceed thirty percent (30%) of
the total number of units on the lot, except for south of the Iowa -Interstate Rail Line, where
the number of three-bedroom units for these buildings types may not exceed twenty percent
(20%). In the Eastside Mixed Use District and Orchard Subdistrict, the number of three-
bedroom units for these buildings types may not exceed twenty percent (20%).
Amend paragraph 14 -2G -3C -2a. (Household Living Uses in the Gilbert Subdistrict),
as follows;
a. Household Living Uses shall be allowed within permitted building types as specified in section
14-2G-5 of this article. For multi -family uses, the provisions in section 14-4B-4 of this Title are
superseded by the standards in this article and, therefore, do not apply. Residential occupancy
is limited to one "household" per dwelling unit, as this term is defined in Chapter 9, Article A,
"General Definitions", of this Title. The residential occupancy of a Household Living Use is
constrained by the provisions of Chapter 17-5 Housing Code The maximum number of
bedrooms per dwelling unit is three (3)., eXEept for Getta , here t" ,� " '
__�'- ...7.�. .. .., nwc� yr
b,..r-,...ms is nice.t:eted. Residential density (units per acre): no maximum. However, for
apartment buildings, multi -dwelling buildings and mixed use buildings the number of three-
bedroom units per lot may not exceed thirty percent (30%) of the total number of units on the
lot, except for south of the Iowa -Interstate Rail Line, where the number of three-bedroom units
for these buildings types may not exceed twenty percent (20%).
Amend paragraph 14 -2G -3D -2a. (Household Living Uses in the West Riverfront
Subdistrict), as follows.-
a.
ollows:
a. Household Living Uses shall be allowed within permitted building types as specified in section
14-2G-5 of this article. For multi -family uses, the provisions in section 14-4B-4 of this Title are
superseded by the standards in this article and, therefore, do not apply. Residential occupancy
is limited to one "household" per dwelling unit, as this term is defined in Chapter 9, Article A,
"General Definitions", of this Title. The residential occupancy of a Household Living Use is
constrained by the provisions of Chapter 17-5, Housing Code. The maximum number of
bedrooms per dwelling unit is three (3). Residential density (units per acre): no maximum.
However, for apartment buildings, multi -dwelling buildings and mixed use buildings the number
of three-bedroom units per lot may not exceed thirty percent (30%) of the total number of
units on the lot; south of Benton Street, the number of three-bedroom units for these buildings
types may not exceed twenty percent (20%).
In Section 14 -SA -4, Amend Table SA -2, Minimum Parking Requirements for All
Zones, Except the CB -5, CS -10, Riverfront Crossings Zones, and the Eastside Mixed
use VISI
Single Family
neuseneie wan mere man a unrsatee persons—a-aaauteaa1 None
a is required far BaGh add t�Gnal unrelated person in required
excess of two. example, if a Single Family Use Gantains 4
unrelated persons, then 3 parking spaGes must be prGylded.
For 1 -bedroom and 2 -bedroom units:1 parking space plus one
additional parking space for each adult occupant beyond 3
2
In Section 14-5A-4, Amend Table 54-3, Minimum Parking Requirements in the
Riverfront Crossings and Eastside Mixed Use Zones, by deleting the minimum
parking requirement for Household Living Uses for the following building types:
cottage home, row house, townhouse, live -work townhouse, andrep/acing it with
the following language:
For 1 -bedroom and 2 -bedroom units: 1 Parking space plus one additional parking space for
each adult occupant beyond 3.
For units with 3 or more bedrooms: 2 parking spaces plus one additional parking space for each
adult occupant beyond 3
Amend Section 14-4C-24, Accessory Apartments, paragraph 2c, (occupancy), as
follows:
....-,TIM n7rj_M"j.=TCr1
apartmentreside en4he-prepefLy in the accessory
Amend 14-4C-36-3, (setbacks for) Attached Accessory Buildings, by adding the
following paragraph d,
d. For purposes of determining setbacks garages located in the rear yard and attached to the
principal dwelling with a (non -habitable) breezeway (8 ft or narrower in width) will be
considered detached accessory buildings and therefore are subject to the setback
requirements for detached accessory buildings rather than principal building setback
requirements. Similarly, subiect breezeways shall be treated as detached accessory
structures/buildings.
Amend 14 2A -4,14-2B-4, and 14-2C-4 by adding a new subsection E, Minimum Open
Space Requirements, as follows:
E. Minimum Open Space Requirements
1. Purpose: The minimum open space requirements are intended to ensure a minimum
amount of private usable open space is provided to support the health well-being and
enioyment of the residents of the dwelling. The intent of the open space is to support
passive recreation, leisure activities informal gathering and opportunities for interaction
with nature.
2. Minimum Requirements
a. On lots that contain Multi -Family Uses or Group Living Uses usable open space shall
be provided on each lot at a ratio of 10 square feet per bedroom but not less than 400
square feet, located in one or more clearly defined compact areas with each area not
less than 225 square feet with no dimension less than 15 feet
b. On lots that contain Detached Single Family Uses a minimum of 500 square feet of
usable open space shall be provided located in the rear yard with no dimension less than
20 feet.
10 feet.
d. On lots that contain Two Family Uses a minimum of 300 square feet of usable open
space per dwelling unit shall be provided located in one or more clearly defined compact
areas, with each area not less than 300 square feet with no dimension less than 12 feet
3. Standards
a. For Multi -Family Uses and Group Living Uses open space shall meet the standards as
set forth in 14 -2G -7E paragraphs 1 through 7
b. For Single Family Uses and Two Family Uses open space shall be located behind the
principal dwelling in an area visible and easily accessible from the principal dwelling and
shall consist of open planted green space which may include trees planters gardens
and other amenities that support passive recreation or leisure activities Paved areas shall
not be counted toward usable open space For Attached Single Family Uses rooftop or
upper floor open air terraces or rear yard -facing porches including screened -in porches
(non -habitable space only) may count toward the open space requirement
4. Minor Modification
A minor modification may be requested according to the provisions and approval criteria
of Section 14-413-1. Minor Modifications, to reduce the required open space for Single
Family and Two Family Uses in the following circumstances provided the additional
approval criteria stated in subparagraph a below, are satisfied Note that reducing the
open space may reduce the allowed occupancy of a rental property (see Chapter 17-5
Housing Code):
a. In order to establish up to two off-street parking spaces (surface parking or in a
garage) on a lot that currently has fewer than two off-street parking spaces; or
b. If the lot is a corner lot is irregular in shape substandard in size or contains severe
topography, or other unique circumstance such that there is practical difficulty
meeting the standard: or
c. The lot contains a manufactured home where due to the shape/dimensions of the
home there is practical difficulty meeting the standard; or
d. The lot contains a detached zero lot line dwelling where the side vard is designed to
serve as usable open space for the dwelling
e. Approval Criteria:
(1) The applicant has demonstrated that every effort has been made to design
buildings, paved areas, and vehicular use areas to meet the open space
requirement. Such efforts may include but are not limited to reducing the width
of driveways, reducing paved areas and size of new buildings or additions and
providing alternative means of vehicular access to the property and
(2) The open space requirement will be satisfied to the extent possible in another
location on the lot, such as a side yard: and
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Table 2A-2: Dimensional Requirements in the Single Family Residential Zones
Maximum Lot
Zone/
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
Coverage
Min.
Use
Lot
Size
Area/
Unit
Lot
Width
Frontage
9
Front
Side
Rear
Max.
Min.
Building
Total
Front
Maximum
#of
Open
Space
s.f.
( )
(s.f.)
ft
(•)
(ft)
(ft.)
(k.)
(ff)
Height
Width
Building
Setback
bedrooms
s•t• 10
(ft.)
(ft)
Coverage
Coverage
per unit"
RS- Detached
12 SF,
ncluding
5,0008
5,000
458
408
156
5+22
See
35
203
50%
50%
n/a
500
ero Lot
Note
—
—
Line
9
20
Duplex
6,000
3,000
5540
156
5+22
See
35
203
50%
50%
4
300/unit
Note
—
9
ttached
F
3,000
3,000
20/287
20
156
0 o
20
35
183
50%
50%
4
150
Other
Uses'
5,000
n/a
45
40
20
5+2z
20
35
203
50%
50%
n/a
Via_
RNS-
12
Detached
SF
5,000
5,000
45
25
156
5+2z
See
35
203
40%
50%
ala
500
Note
9
20
Duplex
6,000
3,000
45
25
156
5+22
See
35
203
40%
50%
4
300/unit
Nate
—
9
10/bedro
MF Uses
5,000
Exisfing4
45
25
156
5+28
20
35
203
40%
50%
3
em, but
no less
than 400
Other
Usesr
5,000
n/a
45
25
20
5+22
20
35
203
40%
50%
n/a
—
n/a
ni„ro
n/a = not applicable
'Other uses must comply with the standards listed in this table unless specified otherwise in Anicle 14AB.
Y Minimum side setback is 5 feel for the first 2 stories plus 2 feet for each additional story. Detached Zero Lot Line Dwellings must comply
with the applicable side setback standards in Article 14AB.
3 A building must be in compliance with the specified minimum building width for at least 75 percent of the building's length.
4 See the Special Provisions of this Arlicle regarding Multi -Family Uses.
8 See applicable side setbacks for Attached SF as provided in Article 14-48, Minor Modifications, Variances, Special Exceptions, and
Provisional Uses.
6 The principal dwelling must be set back at least 15 feet, except on lots located around the bulb of a cul-de-sac; on such lots the principal
dwelling must be set back at least 25 feet. On all lots, garages, both attached and detached, must be set back as specified in Article 14-4C,
Accessory Uses and Buildings.
'Minimum lot width is 20 feet for attached units on interior lots and 28 feet for end lots in a row of attached units. When only two units are
attached, lots must be 28 feel wide.
elf the Single Family Density Bonus Options have been applied, the minimum lot area, lot area per unit, lot width and lot frontage
requirements may be reduced accordingly (See Section 14-2A-7).
M
Table 2A-2: Dimensional Requirements in the Single Family Residential Zones
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
Maximum Lot
Maximum
Zone/
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
Coverage
Front
Min.
Use
Lot
Size
Area/
Unit
Lot
Width
Frontage
Front
Side
Rear
Max.
MIn
in.
Total
Front
Maximum
#of
Open
Space
(ft.)
s.f,
( )
(s.f.)
(ft.)
(ft)
(ft.)
(ft.)
(ft.)
Hei ht
g
(ft.)
Width
Building
Coverage
Setback
Coverage
bedrooms
sL f110
Width
Coverage
Coverage
peruniN3
RM -12
Detached
(ft)
per unit"
�bulyWluuulubfuuuumos
IoOpen space must meet standards set forth in 14-2A4E
I An. hedrnnm within n AAuIf; f—M, Au. k -A 01..-1- e__u.. _. n.._ _ n_.
Amend Table 2B-2, Dimensional Requirements for Multi -Family Residentia/Zones,
as follows;
Table 2B-2: Dimensional Requirements for Multi -Family Residential Zones
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
Max Lot Coverage
Maximum
Zone/
Use
Total
Areal
Width
Min.Min.
Front
Side
Rear
Ht
Total
Front
#of
Min. Open
Saace12
Area
(s f)
Unit
(ft.)
Frontage
(ft)
(ft)
(ft.)
(ft.)
Bldg.
Bldg.
Setback
bedrooms
s f.
kn
s f
( )
(ft)
Width
Coverage
Coverage
peruniN3
RM -12
Detached
SF and
20
Detached
5,0007
5,0007
557
407
155
5+22
See
358
203
50%
50%
We
500
Zero Lot
Note
Line
10
20
358
Duplex
6,000
3,000
55
40
155
5+22
See
203
5011,
5011,
4
300/uni
Note
10
Stt
Attached
3,000
3,000
20/288
20
155
0/104
20
358
nla
50%
50%
4
150
See358
101bedroo
Family
8,175
Table
60
40
20
Qa
20
203
50%
50%
m, but no
2B-33
less than
400
358.
10/bedroo
Gr ou P
Living
8175
See
Art. 4B
60
40
20
5+2 2
10
20
203
50%
50%
See Ad. 4B
but no
less than
le
400
No -e
residential)
5,000
5,000
60
40
20
5A
20
35
203
50%
50%
nla
n/a
RM -20
Detached
35a
SF and
20
Detached
5,0007
5,0007
557
407
155
5+22
See
203
50%
50%
n1a
500
Zero Lot
Note
—
—
Line
10
20
358
Duplex
3,600
1,800
45
35
155
5+22
See
203
50%
50%
4
300lunit
Note
10
SFached
1,800
1,800
201288
20
155
0/104 1
20
358
nla
50%
50%
4
150
7
0
_
oI
gv
l mclFE-
agm�wyc
ov
l
wc
a$d�c1a
ov
8r.
Eoc
l
l
l Eoc�
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E °
II
om
o a_yi
m E
(�
V
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Y m
m
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0
0
0
O
V
U
o
m
1<
A
e
o
e
o
e
o
e
o
0
0
0
0
0
O
H m
O
O
O
R
V
V
V
V
C
N
100
O
U
M
m
N
o+
d
c
C
a
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_
=
ru'i
M
m
m
in
in
in
to
M
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N
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0
o
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C
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yal7a o' 3
m
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m
aim
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10
10
m c d O
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,6
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yy
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00
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10
LLJ
10
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LL'J
N
l0
t0
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4'l
10
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LLJ
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H
z
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a
0
Table 2B-2: Dimensional Requirements for Multi -Family Residential Zones
Zone
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
Max Lot Coverage
Maximum
Zone/
Use
Total
Area/
Width
Min.
Front
Side
Rear
Ht.
Min.
Total
Front
1,800
Min. Open
Space72
435
Area
(s.f.)
Unit
(g,)
Frontage
(ft)
(t)
(ft)
(ft )
(k)
Bldg.
Bldg.
Setback
hof
bedrooms
(s,f,)
Width
Coverage
Coverage
perunit73
101bedroo
Group
Living
5,000
See
AN. 48
none
35
20
542
fir' 2
35s
203
50%
50%
See Art. 4B
m, but no
10
10"
less than
400
resdenlial'
5,000
n/a
none
35
20
102
loll
358
203
50%
50%
nla
We
Notes. n/a =not applicable
'Non-residential uses must comply with the standards listed in this table unless specified otherwise in 1448, Minor Modifications, Variances,
Special Exceptions, and Provisional Uses.
2 Minimum side setback is 5 feet for the first 2 stories plus 2 feet for each additional story. Detached Zero Lot Line Dwellings must comply with
the applicable side setback standards in Article 144B.
3 A building must be in compliance with the specified minimum building width for at least 75 percent of the building's length.
^ See applicable side setbacks for Attached SF as provided in Article 144B, Minor Modifications, Variances, Special Exceptions, and
Provisional Uses.
5 The principal dwelling must be set back at least 15 feet, except on lots located around the bulb of a cul-de-sac; on such lots the principal
dwelling must be set back at least 25 feel. On all lots, garages, both attached and detached, must be set back as specified in Article 144C,
Accessory Uses and Buildings.
6 Minimum lot width is 20 feet for attached units on interior lots and 28 feet for end lots in a row of attached units. When only two units are
attached, lots must be 28 feel wide.
71f the Single Family Density Bonus Options have been applied, the minimum lot area, lot area per unit, lot width and lot frontage requirements
may be reduced accordingly (See Section 14 -2B -4A, Minimum Lot Requirements).
BAdditional height restrictions may apply on properties adjacent to Single Family Zones or Single Family Uses (See Subsection 14-2B4C,
Building Bulk Regulations).
sSee the Special Provisions of this Article regarding minimum lot area per unit requirements in the RNS-20 Zone.
"May be reduced to 5 feet if rear lot line abuts an alley.
720oen space must comply with standards set forth in 14-2B4E
Amend Tables 2B-3 and 2C -2(c), as follows;
Table 2B-3: Maximum Density Standards for Multi -Family Dwellings in Multi -Family Zones'
Zone
RM -12
RM -20 &
RM -44
PRM
RNS-20
Minimum Lot
Efficiency
Area per Unit
or 1-
2,725
1,800
500
435
(in square feet)
Bedroom
Unit
Table 2C -2(c): Maximum Density Standards for Multi -Family Dwellings in Commercial Zones,
Two -
CO -1, CC -2, CN -1 and MU
CB -2
CB -5 and CB -10
Efficiency
Bedroom
2,725
1,800
1,000
875
2,725
Unit
There is no minimum
Bedroom
Three -
Minimum Lot
Unit
standard. However, the
Bedroom
2,725
2,700
1,500
1,315
(in square feet)
Unit
2,725
875
units per lot may not
Maximum # of bedrooms per
exceed 30 percent of
Three-
multi -family dwelling unit
3
3
3
3
Minimum bedroom size,
100 s°, ft.
100 sq. ft.
100 sq. ft.
100 s°. ft.
Notes: ,New bedrooms must be a minimum of 100 square feet in size However, for purposes of the provisions within this table,
any existing habitable room that is larger than 70 square feel in size with a horizontal dimension of at least 7 feet, that meets the
egress requirements as specified in the Building Code, and is not a typical shared living space, such as a living room, dining area,
kitchen, or bathroom may will be considered one oF mora a bedrooms, I. Bedrooms that
exceed 225 square feet in size or have any horizontal dimension greater than 16 feet shall count as two or more bedrooms as
determined by the City. The maximum number of bedrooms may be further constrained by the provisions of the Chapter 17-5,
Housing Code.
Table 2C -2(c): Maximum Density Standards for Multi -Family Dwellings in Commercial Zones,
Zone
CO -1, CC -2, CN -1 and MU
CB -2
CB -5 and CB -10
Efficiency
or 1-
2,725
435
There is no minimum
Bedroom
lot area per unit
Minimum Lot
Unit
standard. However, the
TW0
Area per Unit
number of 3 -bedroom
(in square feet)
Bedroom
2,725
875
units per lot may not
Unit
exceed 30 percent of
Three-
the total number of
Bedroom
2,725
1,315
units on the lot.
Unit
Maximum # of bedrooms per
multi -family dwelling unit
3
3
3
Minimum bedroom size,
100 SI -ft-
1-0-0—S g —ft •
100 so. ft.
Notes: ,New bedrooms must be a minimum of 100 square feet in size However, for purposes of the provisions within this table,
any existing habitable room that is larger than 70 square feet in size with a horizontal dimension of at least 7 feet, that meets the
egress requirements as specified in the Building Code, and is not a lypical shared living space, such as a living room, dining area,
kitchen, or bathroom may will be considered one ermere a bedrooms, as dGt8FFR red by the Bu kfing GfAG al. Bedrooms that
exceed 225 square feet in size or have any horizontal dimension greater than 16 feet shall count as two or more bedrooms as
determined by the City. The maximum number of bedrooms may be further constrained by the Provisions of the Chanter 17-5
Housing Code.
10
Amend paragraphs 14 -2A -45-4b.; 14 -2B -4B -4b, and 14 -2C -4B -4b. (Building features
permitted within required setback area), as follows;
Covered Enclosed porches, covered decks, and covered patios that are attached to the
principal building must comply with the principal building setbacks of the base zone and may not
extend into the required setback area. Unenclosed and screened -in porches (non -habitable
space) may extend up to 15 feet into the rear setback provided they are setback at least 20 feet
from the rear lot line. The standards for uncovered decks and patios are specified in Chapter 4,
Article C, "Accessory Uses and Building", of this Title. Covered Enclosed porches, covered
decks, and covered patios that are attached to an accessory building must comply with the
standards for accessory buildings as specified in Chapter 4, Article C, "Accessory Uses and
Buildings", of this Title.
Amend 14-4A-3 Residential Use Categories, as follows;
14-1A-2 Residential Use Cate ories
HouseholdA. Living Uses
2. Characteristics
The residential occupancy of a dwelling unit by a single household or group
household, who are living together as a single housekeeping unit. The principal use
of the property is for long term residential living with each dwelling unit containings
its own facilities for living, sleeping, cooking and eating meals, and with all spaces
within the unit open to the entire household. The dwelling or dwelling units are
designed for residential living and any accessory use shall be secondary to the use of
the property as a residence. Tenancy is tygicall arranged on a yearly basis, but at
least on a month-to-month basis., .
3. Examples
Examples include uses from the subgroups listed below. The Single Family Uses are
further divided into various dwelling types, because these dwelling types have distinct
dimensional and development standards based on the zone in which they are located.
Group Households, given that they are a type of "household" rather than a type of
dwelling, are permitted in any type of dwelling listed in the three other subgroups.
a. Group Households
Group Households include only the following specific uses: elder family homes,
elder group homes, parental group homes, and family care homes, all as
defined in Article 14-9A, General Definitions.
b. Single Family Uses
A Single Family Use is a Household Living Use where there is no more than one
principal dwelling unit per lot. Single Family Uses include the following dwelling
types.
(1) Detached Single Family Dwellings: Farm dwellings; detached single family
houses; manufactured homes; modular homes; and mobile homes, if
converted to real property and taxed as a site built dwelling, as provided in
the Code of Iowa, as amended. (See Exceptions, below).
(2) Detached Zero Lot Line Dwellings
11
(3) Attached Sing/e Fami/yDwe//ings Attached zero -lot -line dwellings;
townhouse dwellings.
C. Two Family Uses
Two Family Uses are Household Living Uses in which there are two principal
dwelling units within a single building and both dwelling units are located on the
same lot. These uses are often referred to as duplexes.
d. Multi -Family Uses
Multi -Family Uses are Household Living Uses where there are three or more
principal dwellings units within a single building and all dwelling units within the
building are located on the same lot. These uses include apartments,
condominium apartments, elder apartments, assisted living apartments,
townhouse -style apartments and condominiums, efficiency apartments, and
dwelling units located within mixed-use buildings.
4. Accessory Uses
Private recreational uses; storage buildings; parking for residents' vehicles. Home
occupations, accessory dwelling units, childcare homes, and bed and breakfast
facilities are accessory uses that are subject to additional regulations outlined in
Article 14-4C, Accessory Uses and Buildings. Any accessory use of the property shall
remain secondary to the principal use of the property for residential living.
S. Exceptions
a. Mobile homes located within manufactured housing parks approved through a
Planned Development process are considered Detached Single Family Dwellings,
regardless of whether they are converted to real property and taxed as site built
dwellings.
b. Detached Single Family Dwellings and Detached Zero Lot Line Dwellings
approved through a Planned Development process are considered Single Family
Uses for purposes of this Title, even if they are located on one common lot and
sold as condominiums.
C. Single Family Uses that contain accessory apartments are not considered a Two
Family Use.
d. Mixed-use buildings containing dwelling units are always considered Multi -Family
Uses, regardless of the number of dwelling units within the building.
e. Uses such as hotels, motels, and guest houses, which by definition may arrange
tenancy for periods shorter than one month, are not considered residential.
They are considered a form of temporary lodging and are classified as
Hospitality -Oriented Retail.
f. Transient housing, which by definition arranges tenancy for periods shorter than
one month, is not considered residential. It is considered a form of temporary
lodging or shelter and is classified as Community Service - Shelter.
g. Alternatives to incarceration, such as halfway houses, where residents are
placed in the facility by court order and are under supervision of employees or
contractees of the Department of Corrections, are classified as Detention
Facilities.
h. Any Single Family Dwelling or dwelling unit within a Two Family Dwelling where
there is more than one residential lease issued per unit or where there are locks
12
installed on bedroom doors through which one resident may prevent other
residents from entering his/her private rooms when he/she is not 12hVsicall
present is classified as a Group Living Use unless the dwelling meets the
definition of a Group Household
B. Group Living Uses
2. Characteristics
Group Living uses are characterized by the residential occupancy of a dwelling by a
group of people roomers that; who do not meet the definition of a "household" or
"group household".
rl
Tenancy is arranged on a month to month basis, or for
a longer period. Group Living structures contain individual, Private rooming units that
are not open to all the residents of the dwelling. Rooming units contain private space
for living and sleeping but not for cooking +nrw,-a ' at - F
areas f19r-r2side„ts. Bathroom facilities may he nrivata nr chnror4 Thee
rooming unit when he/she is not physically present The residents may or may not
receive any combination of care, training, or treatment, but those receiving such
services must reside at the site.
3. Examples
Examples include uses from the three subgroups listed below.
a. Assisted Group Living
Group care facilities, including nursing and convalescent homes; assisted living
facilities.
b. Independent Group Living
Rooming houses; student dormitories
C. Fraternal Group Living
Fraternities; sororities; monasteries; convents, and rooming house cooperatives.
4. Accessory Uses
Recreational facilities; meeting rooms; associated offices; shared amenity areas
shared kitchens and dining rooms, food preparation and dining facilities; off-street
parking for vehicles of the occupants and staff; storage facilities; off-street loading
areas.
S. Exceptions
a. Uses such as hotels, motels, and guest houses, which by definition may arrange
tenancy for periods shorter than one month, are not considered residential.
They are considered a form of temporary lodging and are classified as
Hospitality -Oriented Retail.
b. Family care homes, elder group homes, and elder family homes are considered
Group Households and are classified as Household Living Uses.
13
C. Transient housing, which by definition arranges tenancy for periods shorter than
one month, is not considered residential. It is considered a form of temporary
lodging or shelter and is classified as Community Service - Shelter.
d. Alternatives to incarceration, such as halfway houses, where residents are
placed in the facility by court order and are under supervision of employees or
contractees of the Department of Corrections, are classified as Detention
Facilities.
Amend Definitions; (14-9A), as follows.
ADULT: A person that is 18 years of acle or olde
LOU 0i'domAl
HOUSEHOLD: A Heuseheld is defined as!
.LI-
HOUSEHOLD: An individual or small group of individuals that reside within a Single Family
Dwelling or within a dwelling unit of a Two Family Dwelling or Multi Family Dwelling as a single
housekeeoinci organization where the responsibilities and expenses of maintaining the
household are shared among the members; also a group of individuals that meet the definition
of a Group Household, as defined in this Title
NONGONFOP
eeeupaney of a Fesidential use that was established in EenfOffnanee with the aeeupan
standaFds of the Gft-G. '
ROOMER: An individual who leases and resides within a rooming unit of a Group Living Use, A
r ident of a group living use. Staff, including live-in staff of an assisted group living use, are
not considered "roomers".
ROOMING HOUSE: Any dwelling, , containing two ene or more
rooming units in which space is let by the owner or operator to four or more roomers. A
rooming house is categorized as an Independent Group Living Use.
14
ROOMING UNIT: Any habitable room or group of adjoining habitable rooms that form a
single, private residential unit intended to be used primarily for living and sleeping, but not for
cooking, located within a group living use.
Amend Chapter 17-5, Housing Code, Section Z8, Minimum Structure Standards for
All Renta/ Housing, by adding a new subsection S, entitled, Regulation of
Noncompliant Situations, as follows;
S. Regulation of Noncompliant Situations
1. Existing single family dwellings and duplex units that are noncompliant with the open
space requirement set forth in Title 14 Zoning Sections 2A-4 and 213-4, may not be
enlarged unless the subject property is brought into compliance with said standard
2. Existing single family dwellings and duplex units that are noncompliant with the number of
required parking spaces are allowed an occupancy of no less than 3 adults or in the case
of a one -bedroom unit 2 adults
3. Prior to issuance of a new rental permit for a single family dwelling or two family dwelling
unit the property must be brought into compliance with the open space requirement and
the required number of parking spaces If it is not feasible to fully meet the parking
standards due to existing buildings on the property, occupancy will be limited according to
paragraph S2. above In cases where it is not feasible to fully meet the open space
standard due to existing buildings on the property, occupancy is limited to 1 adult per 100
square feet of usable open space provided but may be further limited based on other
factors such as available parking
Amend Chapter 17-5, Housing Code, Section 3, Definitions, as follows,.
ACCESSORY DWELLING UNIT: A temporary dwelling unit that is accessory to an owner -
occupied single-family dwelling or duplex.
Amend Chapter 17-5, Housing Code, Section 18, Minimum Structure Standards for
Al/ Renta/ Housing, paragraph L, as follows.-
L.
ollows;
L. Bedrooms cannot exceed 35 percent (35%) of the finished floor area of a single-family
dwelling or duplex unit, not including floor area of a recreation room in the basement. Any
existing single family or duplex unit that contained lawful bedroom space that exceeded this
percentage cap prior to January 1 2018 may continue to be used as bedroom space However,
additional bedroom space may not be added unless the unit is brought into full compliance with
this standard. This dimensional standard is subject to administrative review.
15
Planning and Zoning Commission
February 15, 2018—Formal Meeting
Page 12 of 21
Signs goes back to the fact that the Code is there, and it is very specific in the Riverfront
Crossings District and this isn't it.
Freerks added if there is anything in the language that they changed recently that is making this
happen... will discuss at the end of the meeting because she has specific questions on things
she would like to have answered. Howard said the language updated at the last meeting was
with regard to upper level step backs allowed by a minor adjustment to any district of Riverfront
Crossings and did give quite a bit more leeway to what could be adjusted by staff. Miklo added
that there is some criteria that is has to meet and if the step back is not there, there has to be
other design features to visually break up the mass of the building. Freerks wondered if maybe
that is the problem, that people think they can just doll up the top level with another color or
cornice and actually that is not at all what they had in mind and if they are in anyway confusing
people they maybe need to revisit that because that was not the intention when they made that
change.
A vote was taken and the motion passed 5-0.
y CODE AMENDMENT ITEMS:
Discussion of amendments to Title 14, Zoning, to address changes to state law regarding
occupancy of residential dwellings.
Howard shared the PowerPoint regarding the changes, it is quite lengthy because there are a
lot of little changes happening to the zoning ordinance. In January 2018 the state legislature
changed State Code to prohibit any municipality to enforce any regulation that limits occupancy
of rental property based on the existence of familial relationships. Howard noted that it a
common way to address occupancy across the United States so it has been a little bit of a
struggle for a lot of communities across the state of Iowa, particularly the cities that have large
colleges or universities.
Freerks asked if other states are also making this change. Howard said she is not aware of any
other state having this kind of restriction imposed by the state legislature.
Howard stated the City Council considered a number of changes in December that addressed
the Housing Code and specifically made some changes there. The goals for the recent
changes to the Housing Code and Zoning Code are to establish a balance between the short-
term rental opportunities for students and long-term housing options for more permanent
residents in the city and try to come up with alternative means that they used to be able to rely
on a specific formula of how many people could live within a single-family house or duplex unit.
Howard recapped the Housing Code changes because they do not come before the Planning &
Zoning Commission but she wanted to make them aware of them. These changes include a
cap on the number of single family and duplex rentals allowed in neighborhoods close to the UI
campus. The City set up a rental permit district and there are certain number of those districts
that exceeded the rental permit allowance of the 30% cap on the number of rental units in each
districts. So for many of the areas that are close to campus far exceed that 30% cap so no more
new rental permits shall be issued in those districts, with some exceptions. That was the big
change in the Housing Code. Additionally the City established a limit on the amount space
within a dwelling that can be used as bedrooms, and a requirement for a minimum amount of
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 13 of 21
shared living space (living, dining, kitchen areas) within the dwelling based on the number of
bedrooms in the unit. The idea here is for single-family residences and duplexes that are
supposed to be single-family in character not be chopped up and lose shared living space to
make more bedrooms. Finally, a number of other requirements and enhanced enforcement
procedures were added to improve the safety and security of dwelling units in anticipation that
occupancies will increase.
Howard moved onto the Zoning Code changes and began with a little background on how they
organized the residential use categories in the Zoning Ordinance. Right now there are two
types of residential units in Iowa City, "Household Living Uses" or "Group Living Uses."
Household Living Uses are single-family homes, duplexes, multi -family buildings and a small
group of these would be the group households. Howard noted that they are changing nothing
with regards to the group households (Systems houses, group homes, elder group homes) that
have very specific definitions in the State Code and the Iowa City Code mirrors the State Code.
Therefore any changes do not affect the group homes. Group Living uses are larger in scale
group living environments (nursing homes, group care facilities, rooming houses, fraternal group
living). The distinction between Household Living and Group Living is that members of a
household live together as a single housekeeping unit, people are living together as a unit and
sharing responsibilities and expenses of the household and all areas of the home are open to all
members of the household. GroupLiving Use such as a rooming house, individuals have their
own private living space and do not typically share household expenses, supplies, vehicles, and
the like. Howard explained that there are different zoning requirements for these different
residential uses. The City had to change the definition of household however, by eliminating the
typical means of defining a household"(by familial status), it is much more difficult to determine
whether a use is a Single Family Use or whether it is a rooming house. Before the City could
use a specific number and if it went beyond that number of unrelated people it would no longer
be classified as a single-family house. With that going away, it become grayer and the City will
need to rely on other methods to prevent overcrowded conditions and inappropriately scaled
dwellings intended solely to maximum residential occupancy without regard to the character,
livability or long term stability of the neighborhood.
Howard addressed the changes to the Zoning Code proposed in the Staff Report:
1. Because they have changed the definition of Household over the years, it used to allow
for up to five unrelated people to live together in certain zones, and then it was reduced
down to a limit of three. Over those years because there were exiting units those rental
permits were "grandfathered." Since there will no longer be a stated limit on the number
of unrelated persons within a unit, there is no longer a need to grandfather existing
rental occupancies, so these sections of the zoning code should be deleted.
2. There is a cross reference in each of the Occupancy Sections in the Zoning Ordinance
to the Housing Code because now the two Codes will work together to regulate
occupancy.
They have amended the parking requirement for single-family and duplexes. Previously
they were partly related to the number of unrelated persons living in the household and
that is changed to number of adults in a household because children don't drive and it
made sense to regulate the number of parking spaces required with the number of
adults. This will keep the parking requirements similar to what they are today for single-
family and duplexes uses.
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 14 of 21
4. A change to the occupancy standard is proposed for accessory apartments, deleting
reference to the household definition that was tied to familial status and establishing an
occupancy limit of two individuals. Note that accessory apartments are only allowed on
owner -occupied properties and are limited to one bedroom.
Martin asked how come the City can limit that occupancy but not the others. Howard
said it is complicated when talking about individuals because of children versus adults.
The accessory apartments are a secondary use to a single-family owner -occupied
house.
5. There is a change to the rear setback requirements for single-family and duplex uses,
but is applied only to certain zones in the Central and Downtown Planning Districts,
which are the zones closest to The University of Iowa campus, most affected by the
student market. It is also the areas where there are more traditional neighborhood
patterns, gridded street patterns, similar block sizes, similar lots sizes, alleys in most
situations, etc. This is something that was recommended by the form -based code
consultants, Opticos, after looking at what was happening in the community. People
were taking single-family homes and adding onto the back and extending them out to
take up a large part of the rear yard which is not typical for the pattern of development in
these single-family neighborhoods. Howard did note there are some RS -5 areas in
these districts but they are limited to such changes due to the historical overlay on these
districts.
Martin asked if someone was to remove one of the back duplex parts of one of those
houses, could they build a garage at that back end, with the new setback requirement in
place. Howard said because most of those homes have an alley in the back, the typical
pattern would be for a detached garage which will have its own setback. If they were to
build an attached garage it would have to fit within the new setback requirement as it is
measured as part of the house. They can attach a detached garage to a house with a
breezeway.
6. The side setback for multi -family and group living uses is increased to 10 feet to be
consistent with the standard in Riverfront Crossings. This will ensure that there is at least
20 feet between multi -family buildings on abutting lots. Similarly, the rear setback in the
PRM Zone is changed to be consistent with the standard in the Riverfront Crossings
District. The current standards have resulted in the close spacing of multi -family
buildings, such as along S. Johnson and S. Van Buren Streets, creating crowded
conditions and concerns about privacy, safety, and livability for residents.
7. The number of bedrooms in attached single family and duplex units is limited to 4. This
is a clear and objective standard that will be easy to administer and will help to control
occupancy to a reasonable level for these housing types.
8. To mirror the change made in the Housing Code, the minimum bedroom size in multi-
family uses is increased from 70 square feet to 100 square feet. Bedrooms that exceed
225 square feet or with any dimension greater than 16 feet will be counted as two or
more bedrooms. This will help control parking issues as well.
9. A new minimum open space requirement is proposed for all household types, including
single family, duplexes, multi -family and group living uses. For multi -family and group
Planning and Zoning Commission
February 15, 2018—Formal Meeting
Page 15 of 21
living uses, the open space requirement mirrors the requirement and standards currently
applied in the Riverfront Crossings District at 10 square feet per bedroom, but not less
than 400 square feet. For detached single family uses, a minimum of 500 square feet of
usable open space is required in the rear yard. For duplexes, 300 square feet of usable
open space per unit is required in the rear yard. For attached single family (zero lot line
and townhouses), 150 square feet of open space is required in the rear yard. To
provide relief in cases for unusually constrained lots or lots with little rear yard space,
such as reverse corner lots, infill lots, oddly shaped lots, and similar, an option to
request a minor modification to these standards is provided.
Freerks asked if there is any language regarding if the open space can be impervious
surfaces. Howard said it is stated that the open space for single-family homes and
duplexes has to be in the rear yard and pervious surfaces, it cannot be paved, patios
and decks will not be counted towards open space.
10. There is a use classification system in the Zoning Ordinance that helps identify the
criteria and characteristics of each use category and so they have amended the
descriptions of the residential use category to provide a little more clarity on what is
meant by single-family home or Household Living. For household living, added
language introduces the term "single housekeeping unit". In the "exceptions" section of
Household Living, it also clarifies that if there is more than one residential lease issued
per dwelling unit or if there are locks installed on bedroom doors that create de facto
rooming units where an individual resident can prevent other residents from entering
his/her private room, then the use is classified as a Group Living Use.
11. In the definitions chapter of the Zoning Code, in addition to amending the definition of
"household" so it no longer has anything about family status and added the reference to
"single housekeeping unit". They also added a definition of "adult" to persons age 18 or
over and clarified the definitions of "roomer," "rooming house", "rooming unit," and "farm
dwelling."
12. In addition to the zoning code changes, the Council will be asked to add several clauses
to the Housing Code (Chapter 17-5), that address occupancy limits for single family and
duplex uses that do not meet the minimum parking or open space standards in the
zoning code. If someone is coming in for a new rental permit, changing from an owner -
occupied to a rental, the unit will be reviewed and must be in compliance with the open
space and parking requirements. And finally, a clause is proposed to clarify that for
existing single family and duplex rental units where the percentage of bedroom space
within the unit exceeds 35%, the use of those bedrooms may continue, but no additional
bedroom space may be added unless the unit is brought into full compliance with the
standard.
Staff recommends amending Title 14, Zoning Code, and Chapter 17-5, Housing Code, as
described in the staff memo and as indicated on the attached pages of the memo.
Freerks asked moving forward how will this all be calculated, will it only be for new permit
requests. Howard confirmed that is true, that in cases of zoning changes all previous permits
are grandfathered in, it is only if someone is asking for something new.
Laverman noted that information on these changes can be found on the City's website and
Planning and Zoning Commission
February 15, 2018—Formal Meeting
Page 16 of 21
YouTube channels under rental permit caps
Freerks asked about cottages, and Howard said that clause was just for Riverfront Crossings
and is likely not to be an issues as Riverfront Crossings will more high density.
Freerks had a comment about the minor modification for open space requirements and has
concerns about abuse of that requirement, but is glad that notification will be given to neighbors
if a minor modification is applied for. Howard said there is a distinction for minor modifications.
In the Riverfront Crossings Code it is called a minor adjustment, and that is done through an
administrative review committee, but the minor modification is set up for the whole Zoning Code
and a hearing date is set and notice given to surrounding property owners. It is still staff
administering the hearing and making the decision but there is an opportunity for public input.
Martin asked if the notifications go to the renters that are nearby. Miklo doesn't believe so, just
to the property owners. Freerks suggested a notification sign put in the yard as well so people
would know. Miklo believes they do put signs up and will check on that.
Freerks questioned Amend Chapter 17-5. Howard noted that she did hand out at the beginning
of the meeting a sheet that would substitute the language that was in the Staff Report in the
agenda packet. They realized there was a sentence that was in the first paragraph that should
have been in the last paragraph where they are talking about new rental permits. The City didn't
want to make so that someone that had an existing rental permit, that didn't meet the open
space requirement, loses their permit but to let them know they cannot enlarge.
Freerks also asked about the bedrooms not exceeding the 35% being subject to administrative
review. Howard explained that there needed to be a change for reasonable exceptions.
Freerks opened the public hearing
Nick Psihayos (UI Student) is interested in the Code changes and what the goals of the
Commission and Planning Department looking for with neighborhoods and how to integrate
students and families and obtain good relationships between homeowners and renters.
Freerks stated that none of this can guarantee good relationships, but good rules and
regulations can help facilitate it.
Hektoen gave Savois a copy of the Code which explains the problem and the goals as a good
resource.
Howard noted that in general the City is trying to keep a balance in these neighborhoods that
are single-family in character and close to the University.
Miklo also added the City Zoning Code does have areas where the allowance for higher density
is allowed, the problem is when you introduce a large number of people into a lower density
there are issues (with parking, nuisances, traffic, etc.).
Dyer stated that another objective is so families can live closer to the University and downtown
as well.
Freerks closed the public hearing.
Planning and Zoning Commission
February 15, 2018 -Formal Meeting
Page 17 of 21
Hensch moved to recommend approval of the amendments to Title 14, Zoning Code, and
Chapter 17-5, Housing Code, as described in the staff memo and as indicated on the
attached pages of the memo including the amendment that was distributed at this
evenings meeting.
Signs seconded the motion.
A vote was taken and passed 5-0.
Freerks read a statement of appreciation for Karen Howard who was leaving her position in
Iowa City to take a new position in Cedar Falls, Iowa.
URBAN RENEWAL ITEM:
Discussion of Proposed Foster Road Urban Renewal Plan located between North Dubuque
Street and Prairie du Chien.
Wendy Ford (City of Iowa City Economic Development Coordinator) stated that at the
last meeting on February 6, 2018, the City Council approved a resolution of necessity
which starts the process to establish an Urban Renewal Area and a TIFF District. This
particular one is the Foster Road Urban Renewal Area and Ford showed a map of the
area. It is just south of 1-80, east of Dubuque Street, and west of Prairie du Chien. The
City has been working with the developers in this area who desire to build the road
connecting Dubuque Street to Prairie Du Chien in order to be able to develop the rest
of the properties. The developers, as forecasted in the North District Plan, are seeking
financial assistance from the City to build the road. The City can assist in the
development of this road, and sees the public benefit to this road as being a connector
between Dubuque Street and Prairie Du Chien to facilitate better transportation, better
emergency responses, and access by and to other neighborhoods. Ford noted there
are many public benefits in this project.
Ford showed the area which will be developed as recently approved in a Planning &
Zoning meeting, and noted that this development and street connection are in line with
the Comprehensive Plan and that is why it was approved for rezoning. Ford explained
that the Tax Increment financing aspect of this project depends on the pieces of the
project along Foster Road (a series of townhomes and a larger senior living building).
The Tax Increment that those projects would create then would generate the revenue
that would assist in the cost sharing of the road from Dubuque Street to Prairie du
Chien.
Ford explained that the charge of the Commission make a recommendation to the
Council about whether this Urban Renewal Area fits within and complies with the
Comprehensive Plan. This is one step to happen before a March 20 hearing, the other
step is that the City holds a taxing consultation with representatives from the County
and School District to talk about the implications of the TIF on budgets.
Hensch asked the length of Foster Road extension. Ford said she believes it is around
1500 feet. Hensch asked because the estimated cost is $4 million and that seems
extravagant. Ford explained it includes all the public infrastructure that goes along with
the construction of the road (water, sewer, stormwater).
Hensch asked about eligibility of the TIF, what it is based on. Ford replied that all TIF
Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO.
ly �,
Ordinance amending Title 14, Zoning and Chapter 17-5 HoUgiftd Kde,
to amend and clarify regulations related to occupancy of residential
dwellings and to establish standards to ensure adequat6 04irking and
open space for t�pth rental and owner households that promote safe,
healthy, and stable residential neighborhoods%
Whereas, Iowa City, Ii many cities around
based upon its definition of "fa ly" and whether the
marriage, adoption or placement y a social service a
Whereas, in April 2017 th State legislature
Code Section 414.1 to prohibit mun ipalities, after J
the co ntry, currently regulates occupancy
occu ants are or are not related by blood,
aen : and
any regulation or restriction related o occupancy of
upon the existence of familial or nonfa ilial
property; and,
Whereas, regulation of occupanc b;
promote peaceful habitation in residential
in those neighborhoods impacted by their
pressures of the student rental market; and,
Whereas, since at least the 1960s, r
of unrelated persons and off-street parking;
Whereas, the loss of this tool
neighborhoods; and,
pted a law (HF 134) amending Iowa
ry 1, 2018, from adopting or enforcing
;idential rental property that is based
between the occupants of such rental
onon amilial status has been an important tool to
Of wa City for more than 50 years, particularly
m' to the University of Iowa campus and the
occupancy has been based on the number
threatens the stability of the City's
Whereas, an illustration of this threo is that\soon after House File 134's enactment the
City received approximately 40 applicatio s for buil 'ng permits on existing single-family and
duplex rental properties that would result an increas in the number of bedrooms; and,
Whereas, the passage of HF 13 requires the C\he examine how best to mitigate
increases in occupancy levels on neig orhood stabilityg affordability, public and tenant
safety, urban congestion, blight, risk t public peace an, conflicts between rental and
owner -occupied housing, and exces Ive demands uponsafety, infrastructure and
municipal services; and,
Whereas, in the Iowa City oning Code residentare classified as either
Household Living Uses" or "Gro p Living Uses." Housi ing Uses include Single Family,
Two Family (duplexes), and M i -Family Dwellings. One old," as defined in the code, is
allowed within each of these t es of dwelling units. In sd t rms, a household is currently
defined as a single person, a family with up to one ror a roup of no more than 3
unrelated persons. Group ing Uses are characterized by the residential occupancy of a
dwelling by a group of pe le who do not meet the definition of a household. Group Living Uses
contain private rooming its that provide facilities for living and sleeping, but not for cooking,
and may contain share living spaces. Group Living Uses include rooming houses, group care
facilities, nursing ho s, assisted living facilities, fraternities and sororities, and similar uses.
Whereas, H sehold Living is distinguished from Group Living in that members of a
household live together as a single housekeeping unit where the responsibilities and expenses
of the household are shared. For example, household members typically share food, household
supplies, vehicles, and all areas of the home are open to all members of the household. In
contrast, in a Group Living Use, such as a rooming house, individuals have their own private
living space and do not typically share household expenses, supplies, vehicles, and
and FIL�D
Whereas, Since Group Living Uses tend to be larger in scale and occupancy than single
family dwellings or duplexes and typically need more space for parking, they are only app etil818
higher density multi -family and mixed-use zones. However, by eliminating the typical means of
defining a "household"(by familial status), it is much more difficult to determine whetherQi4sCJ&rk
a Single Family Use or whether it is a rooming house. Instead the City will need to r (Merlowa
methods to prevent overcrowded conditions and inappropriately scaled dwellings intended
solely to maximize residential occupancy without regard to the character, livability or long term
stability of the neighb rhood; and
Whereas, to a ass the issues described above and to promote safe, healthy, and
stable residential neighb oods with a mix of housing types and adequate parking and open
space for both rental and ner households, changes to the zoning code are necessary; and
Whereas, there have een a number of changes to the occupancy limit for Household
Living Uses over the years to dress issues of neighborhood st ility. When those changes
were adopted, occupancy of exi ing rental permits were "grand thered." Since there will no
longer be a stated limit on the nu bar of unrelated persons itin a unit, there is no longer a
need to grandfather existing rental ccupancies, so these sec ons of the zoning code should be
deleted; and
Whereas, to clarify how occup cy is determined, aross reference to the Housing
Code should be added to all the base z e chapters of the oning code, including the form -
based zoning district chapter, which will Ovide notice th occupancy of rental properties will
be constrained by the provisions of the Ho sing Code; a
Whereas, the parking requirement f Single Fa ily and Two Family Uses is currently 1
parking space per dwelling unit plus 1 additio al parkin space for each additional unrelated
person in excess of two. Since a requirement sed o familial status is no longer enforceable,
new parking requirements for single family hom s a duplexes are necessary. Basing the
parking on the number adult occupants is a reas le approximation of parking demand
because, in general, the greater the number of ad s in the household the higher the number of
vehicles; and
Whereas, a change to the occupancy sta da is recommended for accessory
apartments, deleting reference to the househol defim 'on that was tied to familial status and
establishing an occupancy limit of two individu Is, sinc these units are accessory to the
principal use of the property as an owner-oc pied Singl Family Dwelling and are limited to
one -bedroom; and
Whereas, a new rear setback requi ment is propo d for single family and duplex uses
in the RS -8, RNS-12, RS -12, RM -12, RN -20, and RM -20 z nes in the Central and Downtown
Planning Districts. This new standard is roportional to the d th of the lot. These are zones
that are prevalent in the older neighbo oods close to campus nd zones intended to provide
opportunities for more affordable, mo st homes on smaller lot They are also areas that are
now vulnerable to inappropriate exp sions to increase occupan y. The proposed formula is: lot
depth minus 80 feet for lots greater an 100 feet in depth. For s Iler lots, the rear setback
remains 20 feet. This new standa was recommended by form;
sed code consultants from
Opticos to ensure "house -scale" uildings by preventing homes fro being extended deep into
the lot to create a duplex or to d an excessive number of bedroo s to an existing single
family home. This will help to i ntrol occupancy and will maintain a nsistent placement of
homes on the lot with open r ar yard space behind the home. Langu a is added to clarify that
garages located in the rear and and attached to the home by a narro breezeway are treated
as detached accessory b dings, so are not subject to the principal building setback. In
addition, the code clarifi s that rear yard porches, including screened -in porches may encroach
into the rear setback, nce these are desirable amenities that are often added to an existing
home, but will not in rease the occupancy; and
2
Whereas, the side setback for multi -family and group living uses is increa1Efk
to be consistent with the standard in Riverfront Crossings. This will ensure that thle'
20 feet between multi -family buildings on abutting lots. Similarly, the rear setbackh
Zone is changed to be consistent with the standard in the Riverfront Crossings District
current standards have resulted in the close spacing of multi -family buildings, such asF-018
Johnson and S. Van Buren Streets, creating crowded conditions and concems about "clerk
safety, and livability for residents; and
Whereas, the number of bedrooms in attached single family and duplex unitls s o&g
owa
limited to four to help control occupancy for these higher density household living uses; and
Whereas, to mirror the change made in the Housing Code, the minimum bedroom size in
multi -family uses is increased from 70 square feet to 100 square feet. Since parking is based on
the number of bed""',s and occupancy is no longer limited to 3 unrelated persons, excessively
large bedrooms greata an 225 square feet or with any dimension greater than 16 feet will be
counted as two or more drooms. This will prevent bedrooms with enough space for double
occupancy without a co
m nsurate increase in the parking p ovided. This large bedroom
standard also applies to alta ed single family and duplexes• and
Whereas, to ensure a 'nimum amount of private, u able open space is provided to
support the health, well-being a enjoyment of the reside sof residential dwellings and to
support passive recreation, leisur ctivities, informal Bath ring, and opportunities for interaction
with nature, a new minimum open s ce requirement is p _posed for all household living types,
including single family, duplexes, mul ' family and group ving uses. To provide relief in cases
for unusually constrained lots or lots wi little rear yard pace, such as reverse corner lots, infill
lots, oddly shaped lots, and similar, an o ion to reque a minor modification to these standards
is provided. However, occupancy of a rent unit will constrained if the lot does not fully meet
the open space requirement; and
Whereas, the descriptions of theresid tial se categories are amended to more clearly
distinguish Household Living Uses from Group iv' g Uses. For household living, added
language introduces the tens "single housekeepi g unit", which is then included in the new
definition of "Household" in Chapter 14-9A, Defi t ns. The obsolete definition of household that
is based on familial relationship is deleted. In t "e ptions" section of Household Living, it
also clarifies that if there is more than one resi ende ease issued per dwelling unit or if there
are locks installed on bedroom doors that cre to de fa to rooming units where an individual
resident can prevent other residents from a ering his/h r private room, then the use is
classified as a Group Living Use; and
Whereas, in the definitions chapte of the zoning e, in addition to amending the
definition of "household," a definition of " dult" is added, sin a parking requirements for single
family and duplex uses will be based o the number of adult Such a requirement is reasonable
as generally adults are drivers and chi ren are not. There are few clarifications added to the
definitions of "roomer," "rooming hou ", "rooming unit," and "f m dwelling" to address changes
to the regulation of residential occu ncy and since nonconform g rights are no longer granted
for residential occupancy, this defi ion is deleted; and
Whereas, in addition to th zoning code changes, it is advi ble to add several clauses
to the Housing Code (Chapter 17 5), that address occupancy limits r single family and duplex
uses that do not meet the mini m parking or open space standard in the zoning code. Also, a
correction to the definition of " ccessory dwelling unit" in the Housing ode is necessary, since
accessory dwelling units are of allowed for duplex uses. And finally, a lause is proposed to
clarify that for existing singl family and duplex rental units where the p tentage of bedroom
space within the unit exce s 35%, the use of those bedrooms may cont ue, but no additional
bedroom space may be ded unless the unit is brought into full compliance with the standard
Whereas, it is in the City's best interest to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA: �
Section I. Title 14 of the City Code of the City of Iowa City, Iowa is hereby amindl
the following sections:
FEB 2 8 1018
• Section 14 -4E -2E, Nonconforming Residential Occupancy City Clerk
• Section 14-4E-9, Regulation of Nonconforming Residential OccuplM"City, Iowa
Section 14 -4E -SC, Occupancy of a Nonconforming Use
Section II. Titles 14 and 17 of the City Code of the City of Iowa City, Iowa are hereby
amended by deleting strike -through text and adding underlined text as follows:
Amend 14-24-5,14-25-5,14-2C-5, and 14-2E-5, Maximum Occupancy for
Household Living Uses, as follows
The residential occupancy of\a Household Living Use i/General
mited to one "household" per dwelling
unit, as this term is defined in Chapter 9, Article A, Definitions", of this Title. The
Amend paragraph 14 -2G -3A -2b. (Hdqseho# Living Uses in the South Downtown,
Park, South Gilbert, and University sod/ ricts), as follows
b. Household Living Uses shall be allowed wi n permitted building types as specified in section
14-2G-5 of this article. For multi -family uses, a provisions in section 14-46-4 of this Title are
superseded by the standards in this article, #dherefore, do not apply. Residential occupancy
is limited to one "household" per dwelling nit, a this term is defined in Chapter 9, Article A,
"General Definitions", of this Title. The retidential\OCCUDancy of a Household Living Use is
bedrooms per dwelling unit is three (3. Residential der
However, in the South Downtown an University Subd
dwelling buildings and mixed use b 1 dings the number
not exceed thirty percent (30%) of he total number of
and Park Subdistricts for apartme t buildings, multi-dw
the number of three (3) bed roo units per lot may not
total number of units on the to .
The maximum number of
y (units per acre): no maximum.
cts for apartment buildings, multi -
three (3) bedroom units per lot may
its on the lot. In the South Gilbert
pg buildings, and mixed use buildings,
ed twenty percent (20%) of the
Amend paragraph 14 -2 -3B -2c. (Household Living Use in the Centra/ Crossings and
Orchard Subd,' W'c 5 a d Eastside Mixed Use District;
c. Household Living Us shall be allowed within permitted buildin types as specified in section
14-2G-5 of this articl . For multi -family uses, the provisions in sects n 14-413-4 of this Title are
superseded by the standards in this article and, therefore, do not apply. Residential occupancy
is limited to one "household" per dwelling unit, as this term is defined in Chapter 9, Article A,
"General Definitions", of this Title. The residential occupancy of a Household Living Use is
constrained by the provisions of Chapter 17-5, Housing Code. The maximum number of
bedrooms per dwelling unit is three (3).,excep
b,..,-,.eMS is EjnineStFiEted. Residential density (units per acre): no maximum. How rZi the
Central Crossings Subdistrict for apartment buildings, multi -dwelling buildings and mixe use
buildings the number of three-bedroom units per lot may not exceed thirty percent (,3M 9f2018
the total number of units on the lot, except for south of the Iowa -Interstate Rail Line, where
the number of three-bedroom units for these buildings types may not exceed twenty toiivrk
(20%). In the Eastside Mixed Use District and Orchard Subdistrict, the number of tfl✓ei3-City, Iowa
bedroom units for these buildings types may not exceed twenty percent (20%).
Amend paragraph 1`4 -2G -3C -2a. (Household Living Uses in the Gilbert Subdistrict),
as follows.
a. Household Living Uses shall be allowed within permi ed building types as specified in section
14-2G-5 of this article. For Multi -family uses, the provi ons in section 14-413-4 of this Title are
superseded by the standards�n this article and, there ore, do not apply. Residential occupancy
is limited to one "household" per dwelling unit, as t 's term is defined in Chapter 9, Article A,
"General Definitions", of this Titl The residential dccui)ancv of a Household Living Use is
bedrooms per dwelling unit is three 3).—
...............:. unic,.,tHet..., Residentialen
apartment buildings, multi -dwelling bui i
bedroom units per lot may not exceed th
lot, except for south of the Iowa-Intersta
for these buildings types may not exceed
The maximum number of
Sits per acre): no maximum. However, for
d mixed use buildings the number of three -
cent (30%) of the total number of units on the
Line, where the number of three-bedroom units
� percent (20%).
Amend paragraph 14 -2G -3D -2a, ouseho Living Uses in the West Riverfront
Subdistrict), as fo/%ws:
a. Household Living Uses shall be owed within per itted building types as specified in section
14-2G-5 of this article. For multi f mily uses, the provi ions in section 14-4B-4 of this Title are
superseded by the standards in is article and, therefo , do not apply. Residential occupancy
is limited to one "household" p r dwelling unit, as this to is defined in Chapter 9, Article A,
"General Definitions", of this itle. The residential occu a cy of a Household Living Use is
The maximum number of
bedrooms per dwelling uni is three (3). Residential density nits per acre): no maximum.
However, for apartment ildings, multi -dwelling buildings an mixed use buildings the number
of three-bedroom units r lot may not exceed thirty percent ( 0%) of the total number of
units on the lot; south f Benton Street, the number of three -be room units for these buildings
types may not exceed enty percent (20%).
In Section 14-5 -4, Amend Table SA -2, Minimum Parking Requirements for All
Zones, Except a CB -5, CB -10, Riverfront Crossings Zones, and the Eastside Mixed
Use District, a fo/%ws.
Family and Two Family Uses
m9p1LE®
For 1 -bedroom and 24bedroom units: i parking space, plus one FE 12 8 1018
additional parking space for each adult occupant beyond 3.
For units with 3 or more bedrooms: 2 parking spaces plus one C y Clerk
additional parking space for each adult occupant beyond 3 14
City, Iowa
In Section 14-5A-4, Amend Table 5A-3, Minimum Parking Requirements in the
Riverfront Crossings and Eastside Mixed Use Zones, by deleting the minimum
parking requirement for Household Living Units for the following building types:
cottage home, row house, townhouse, live -work townhouse, and replacing it with
the following language:
occupant beyond 3.
occupant beyond 3
Amend Section 14 -4C -2A, Accessory
follows;
9
reside on the prepe in the ac
aflits}may not exceed two (2).
Amend 14 -4C -3B-3, (setbacks for) .4
following paragraph d.
d. For purposes of determining setbacks,
structures/buildings.
Amend 14-24-4,14-28-4,
Space Requirements, as 1
with nature.
2. Minimum Reauirements
paragraph 2c, (occupancy), as
Rit The total number of individuals that
Accessory Buildings, by adding the
14-2C-4 by adding a nek subsection E, Minimum Open
3.
4.
sauare feet, located in one or more clearly defined, compact areas, with each area not
less than 225 square feet with no dimension less than 15 feet.
b. On lots that contain Detached Single Family Uses, a minimum of 500 square fJW4 8 2018
usable open space shall be provided, located in the rear yard with no dimension less than k
20 feet. Or
City, Iowa
In 4--*
providing alternative means of vehicular access to the property; and
(2) The open space re uirement will be satisfied to the eatenRQ;§ible
in another location on the lot, such as a side vard: and '— E
(3) Any potential negative effects resulting from the exception are
mitigated to the extent possible. FEB 2 8 2018
Amend 14 -4B -IA (minor modification applicability), by adding a new paragr5P- fe rk
as follows ^., a City, Iowa
24. Modification to reduce the open space requirement for Single Family and Two Family Uses
in certain aualifvina situations and according to the specific approval criteria as specified in
Sections 14-2A-4 and 14-2B-4
Amend Tat;4�11-2: Dimensional Requirements in the Single Family Residential Zones, as
follows
Table 2A-2: Dimensional Requirements in the Single FamilyResidential Zones
Maximum Lot
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
Coverage
Min.
Zonal
Use
Lot
Area/
Lot
max.
Min.
Total
Front
Maximum
Open
Space
Size
Unit
Width
Frontage
Front
Side
Rear
Height
Building
Building
Setback
# of
p
(%f•)
(s.f.)
Ih•1
(ft)
(ft•)
(ft•)
(R.
(ft.)
Width
(R)
Coverage
Coverage
bedroomsst—
per unit"
R-1
Detached
F,
ncluding
40,000
40,000
80
50
156
5+22
20
35
203
40%
50%
n/a
500
ero Lot
ne
Cher
ses'
40,000
n/a
80
50
20
5 2
20
35
203
40%
50%
nla
nla
S-5
Detached
F,
ncluding
8,0008
8,000
608
458
156
5+
20
35
203
45%
50%
n/a
500
ero Lot
Ine
uplexes
12,000
6,000
80
80
56
5+22
35
203
45%
50%
4
300/unit
Fached
6,000
6,000
40
40
156
0 o or
20
35
203
45%
50%
4
ther
8,000
n/a
60
45
20
5+22
20
35203
45%
50%
n/a
n/a
ses'
S-8
Detached
24
F,
ncluding
5,0008
5,000
458/408
156
5+22
See
35
203
45%
50%
na
¢QQ
Zero Lot
Ine
9
29
Duplex
8,700
4,350
A
70
156
5+22
-S.M
35
2 3
45%
50%
4
300/unit
Note
Fached
4,350
4,350
35
35
156
Doe
20
35
203
45%
50%
4
150
her
5,000
n/a
45
40
20
5+2z
20
35
203
45%
50%
n/a
n/a
Uses'
Table 2A-2: Dimensional Requirements in the Single Family Residential Zones
Maximum Lot
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
Coverage
Min.
Zone/
Use
Lot
Areal
Lot
Max
Min.
Total
Front
Maximum
Open
Space
Size
Unit
Width
Frontage
Front
Side
Rear
Height
Building
Building
Setback
# of
sl E
(s.f.1
(s.f.)
(R•)
IRI
(R.)
(R.)
IR,)
(ft.)
Wide
Coverage
Coverage
bedrooms
IRI
per unit„
S-
Detached
29
2
3F,
ncluding
5,0008
5,000
458
408
156
5+22
See
35
203
50%
50%
n/a
500
Zero Lot
2
ne
9
29
Duplex
6,000
3,000
55
40
156
5+22
See
35
203
50%
50%
4
300/unit
Note
9
Fached
3,000
3,000
20/287
20
156
0 o
20
35
183
50%
50%
4
iQ
tees,
Uses,
5,000
n/a
45
40
20
5+22
20
35
203
50%
50%
Na
n/g
NS-
29
2
Detached
5,000
5,000
45
25
1
5+22
5
203
40%
50%
1�
50
F
Note
�
9
29
Duplex
6,000
3,000
45
25
156
5 2
S
35
203
40%
50%
4
3001unit
e
10lbedm
y
F Uses
5,000
Existing4
45
25
156
5+
0
35
203
40%
50%
3
no less
than 4 00
her
ses
5,000
n/a
45
25
20
5+22
20
35
203
40%
50%
rQ
n(�
Notes:
n/a = not applicable
,Other uses must comply with the standards listed in this table unl ss specified otherwise in Anic 1448.
2 Minimum side setback is 5 feet for the first 2 stones plus 2 feet or each additional story. Detach ero
with the applicable side setback standards in Article 14-48.
3 A building must be in compliance with the specified minimu building width for at least 75 percent of e
t
Lot Line Dwellings must comply FEB 2 8 1018
4Seethe Special Provisions of this Article regarding Multi- F mily Uses.
5 See applicable side setbacks for Attached SF as provid in Article 14-46, Minor Modifications, Varian
Provisional Uses.
6 The principal dwelling must beset back at least 15 f t, except on lots located around the bulb of a cul -di
dwelling must be set back at least 25 feet. On all lots garages, both attached and detached, must be set b
Accessory Uses and Buildings.
7 Minimum lot width is 20 feet for attached units o interior lots and 28 feet for end lots in a row of attached
attached, lots must be 28 feet wide.
building's length.
Special Exceptions, and
City Clerk
Iowa City, Iowa
c; on such lots the principal
as specified in Article 14AC,
When only two units are
81f the Single Family Density Bonus Options h e been applied, the minimum lot area, lot area per unit, lot width and lot frontage
requirements may be reduced accordingly ( Section 14-2A-7).
180oen space must meet standards set forth in 14-2AAE.
Table 2A-2: Dimensional Requirements in the Single Family Residential Zones
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
Maximum Lot
Maximum
Zone/
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
Coverage
` F±
min.
Zone/
Use
Lot
Areal
Lot
Front
# of
Min. Open
Use
Max,
Min.
Total
FrontV
Maximum
O n
Space
Rear
Sire
Unit
Width
Frontage
Front
(R.)
Side
(ft. )
Rear
(ft,)
Height
Building
Width
Building
Setback
#of
F5�di6oltir
lE sl t,po
(�)
(fL)
Width
(ft.)
(ft)
perunh1e
RM -12
(ft,)
(ft)
Coverage
Coverage
_per unit"
Va City, Iowa
Amend Table 25-2, Dimensional Requirements for Mu/ti-Family Residential Zones, as
follows:
Table 2B-2: Dimensional Requirements for Multi -Family Residential Zones
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
Max Lot Coverage
Maximum
Zone/
Total
AresK
Min.
Min.
Total
Front
# of
Min. Open
Use
Area
Unit
Width
Frontage
Front
Side
Rear
HL
Bldg.
Bldg.
Setback
bedrooms
Soace72
(adI
(a.f.)
R)
(ft)
(ft.)
(ft.)
(�)
(fL)
Width
Coverage
Coverage
perunh1e
RM -12
Detached
20
SF and
See
�0°k
Detached
5,000'
5,000'
557
07
155
5+23
358203
50%
n1@
500
Zero Lot
Note
Line
10
20
358
Duplex
6,000
3,000
55
40
1
5+22
Ne
203
50%
50%
4
300/unit
10
Attached
3,000
3,000
20/286
20
155
0 4
20
a
n/a
50%
50%
4
150
SF
–
—
Slti-ee
358
101Ledroo
Family
8,175
Table
60
40
20
10
0
203
50%
50%
3
m, but no
2B-3
less than
400
358
10/bedroo
Gmng
8'175
See
60
40
20
20
203
50%
50%
See An. 4B
m, but no
less than
Art. B
10
LV
400
Non-
5,000
5,000
60
40
20
20
358
203
50%
50%
n(4
n/a
residential'
10
RM -20
Detached
20
358
SF and
Detached
5,0007
5,0007
557
407
1
5+22
50%
50%
n/ft
60
Zero Lot
Note
Line
10
20
358
Duplex
3,600
1,800
4535
155
5+22
Sge
203
50
50%
4
300/unit
Note
>Q
Attached
1,800
1,800
201286
20
155
0/104
20
358
n/a
50%
50%
4
150
SF
358
10/bedroo
ut no
Maori
5,000
Table
60
40
20
5+P
20
203
50%
°/p
3
less than
y
2B-3
400
10
d
Z
c
o E E
4
o c
N
cl
5�
§1
C
FI
g
o c
cI m�
vl
$ o c
g
o c
$
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g
o
c
g
o
c
f/f/Jl m
w'�I
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1
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p
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rdN„j
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3 A building must be in compliance with the speed minimum building width for at least 75 percent of the building's length.
See applicable side setbacks for Attached SF as provided in Article 14-0B, Minor Modifications, Variances, Special Excepts
Provisional Uses. off L�
5 The principal dwelling must be set back at least 15 feet, except on lots located around the bulb of a cul-de-sac; on such lots the principal
dwelling must be set back at least 25 feet. On all lots, garages, both attached and detached, must be set bade as specified in ArficlF86 C,8 1018
Accessory Uses and Buildings.
6 Minimum lot width is 20 feet for attached units on interior lots and 28 feet for end lots in a row of attached units. When only two urglf' Clerk
attached, lots must be 28 feet wide. I O W aC I
If the Single Family Density Bonus Options have been applied, the minimum lot area, lot area per unit, lot width and lot frontage require is Iowa
may be reduced accordingly (See Section 14 -2B -0A, Minimum Lot Requirements).
6Additional height restrictions may apply on properties adjacent to Single Family Zones or Single Family Uses (See Subsection 14-2BAC,
Building Bulk Regulations).
9See the Special Provisions of this Article regarding minimum lot area per unit requirements in the RNS-20 Zone.
breezeways shall be treated as detached accessory structures/buildings,
"May be reduced to 5 feet if reariot line abuts an alley.
tzOpen space must comply with standards set forth in 14 -2B -0E.
13 Anv hMrnnm within o kAunl-Lomily Ae.rhM Sinnlo Pomily nr Ninlov thot ovnood995 m,mm fmA in civ. nr h.. onv hnnvnnA.l Aim.neinn
constrained by the provisions of the Chapter 17-5. Housing Code.
Amend Tables 18-3 and 2C -2(c), as
Table 28.3: Maximum Density Standards for Mu LFamily wellin s in Multi -Family Zones'
Zone
RM -12
RM -20 & RNS-
RM -44
PRM
Efficiency or
1 -Bedroom
2,725
1,800
500
435
Unit
Minimum Lot
Two -
Area per Unit
Bedroom
2,725
1,800
1,000
875
(in square feet)
Unit
Three -
Bedroom
2,725
2,700
1,500
1,315
Unit
Maximum # of bedrooms per
3
3
3
3
mufti -family d lling unit
Minimum bedroom size'
1 0 A
100 . ft.
100 sg• ft •
100 sa. ft.
Notes: 'New bedrooms must be a minimu of 100 square feet in size. However, for pur oses of the provisions within this table,
e b
any existing habitable room that is largan 70 square feet in size with a horizontal dim nsion of at least 7 feet, that meets the
egress requirements as specified in th Building Code, and is not a typical shared living sp ce, such as a living room, dining area,
kitchen, or bathroom" will t co dared eae er�tere a bedrooms, as deterrp aed 4y sildiagAf6s a4. Bedrooms that
.o/
exceed 225 square feet in size or any horizontal dimension greater than 16 feet shall Ant as two or more bedrooms as
determined by the City. The maxi um number of bedrooms may be further constrained by the rovisions of the Cha ter 17-5
Housing Code.
Table 2C -2(c): Maximum Density Standards for Multi -Family I
Zone CO -1, CG2, CN -1 and MU
12
s in Commercial Zones'
CB -2 I CBS and CB -10
Housing Code.
LED
B2 8 Z01B
ty Clerk
City, Iowa
Amend paragraphs 14 -2A -4B -4b.; 14 -2B -46-4b. and 14-2C-45-4b.(Bui/ding features
permitted within required setback area), as follows:
6evered Enclosed porches, covered de and covered patios that are flatbed to the principal building must
comply with the principal building setb�of the base zone and ma not extend into the required setback area.
Unenclosed and screened -in porches (non- bitable space) may ext nd up to 15 feet into the rear setback provided
they are setback at least 20 feet from the reg lot line. The s for uncovered decks and patios are specified in
Chapter 4, Article C, "Accessory Uses and B ' ding", of this Ti . 6evered Enclosed porches, covered decks, and
covered patios that are attached to an accessorywilding must mply with the standards for accessory buildings as
specified in Chapter 4, Article C, "Accessory UsdX and Build' gs", of this Title.
Amend 14-4A-3 Residential Use
B. Household Living Uses
1. Characteristics
The residential occupancy of dwelling un by a single household or group
household, who are livingt ether as a sin a housekeeping unit. The principal use
of the property is for Iona erm residential Ify'Ing with each dwelling unit containin�c s
its own facilities for living/ sleeping, cooking arV eating meals, and with all spaces
within the unit open to t4e entire household. a dwelling or dwelling units are
desioned for residentia living and anv accessory se shall be secondary to the use of
the property as a residence. Tenancy is typicall a ranged on a yearly basis, but at
least on a month -to- onth basis.,
2. Examples
Examples include ses from the subgroups listed belo . The Single Family Uses are
further divided i o various dwelling types, because th a dwelling types have distinct
dimensional an development standards based on the z ne in which they are located.
Group Househ ds, given that they are a type of "househ d" rather than a type of
dwelling, are rmitted in any type of dwelling listed in the three other subgroups.
13
Efficiency or
c
1 -Bedroom
2,725
435
There is no minimum�T
F.
Unit
area per unit slander
Two-
Minimum Lot
However, the number of
Area per Unit
Bedroom
2,725
875
3 -bedroom units per lot F
lin square feet)
Unit
may not exceed 30 C
Three-
percent of the total
in
Bedroom
2,725
1,315
number of units on
Unit
Maximum t1' of bedrooms per
3
3
3
mufti -family dwelling unit
Minimum bedroom size'
100 sa. ft.
100 sa. it
100 sa. ft.
Notes: 'New bedrooms must be a minimum of 100 square feet in size. However, for purposes of the provisions within this table,
any existing habitable m that is larger than 70 square feet in size with a horizontal dimension of at least 7 feet, that meets the
egress requirements as 'fled in the Building Code, and is not a typical shared living space, such as a living room, dining area,
kitchen, or bathroom rtay be considered 6ee9FMGF8 a bedrooms, . Bedrooms that
exceed 225 uare feel in siz or have anv horizontal dimension greater than 16 feet shall count as two or more bedrooms as
determined by the City The mAmurn number of bedrooms may be further constrained by the provisions of the Chapter 17-5
Housing Code.
LED
B2 8 Z01B
ty Clerk
City, Iowa
Amend paragraphs 14 -2A -4B -4b.; 14 -2B -46-4b. and 14-2C-45-4b.(Bui/ding features
permitted within required setback area), as follows:
6evered Enclosed porches, covered de and covered patios that are flatbed to the principal building must
comply with the principal building setb�of the base zone and ma not extend into the required setback area.
Unenclosed and screened -in porches (non- bitable space) may ext nd up to 15 feet into the rear setback provided
they are setback at least 20 feet from the reg lot line. The s for uncovered decks and patios are specified in
Chapter 4, Article C, "Accessory Uses and B ' ding", of this Ti . 6evered Enclosed porches, covered decks, and
covered patios that are attached to an accessorywilding must mply with the standards for accessory buildings as
specified in Chapter 4, Article C, "Accessory UsdX and Build' gs", of this Title.
Amend 14-4A-3 Residential Use
B. Household Living Uses
1. Characteristics
The residential occupancy of dwelling un by a single household or group
household, who are livingt ether as a sin a housekeeping unit. The principal use
of the property is for Iona erm residential Ify'Ing with each dwelling unit containin�c s
its own facilities for living/ sleeping, cooking arV eating meals, and with all spaces
within the unit open to t4e entire household. a dwelling or dwelling units are
desioned for residentia living and anv accessory se shall be secondary to the use of
the property as a residence. Tenancy is typicall a ranged on a yearly basis, but at
least on a month -to- onth basis.,
2. Examples
Examples include ses from the subgroups listed belo . The Single Family Uses are
further divided i o various dwelling types, because th a dwelling types have distinct
dimensional an development standards based on the z ne in which they are located.
Group Househ ds, given that they are a type of "househ d" rather than a type of
dwelling, are rmitted in any type of dwelling listed in the three other subgroups.
13
0
a. Group Households
FILED
Group Households include only the following specific uses: elder family eg,1010
elder group homes, parental group homes, and family care homes, all
defined in Article 14-9A, General Definitions. City Clerk
b. Single Family Uses Iowa City, Iowa
A Single Family Use is a Household Living Use where there is no more than one
principal dwelling unit per lot. Single Family Uses include the following dwelling
types.
(1) Detached Single Family Dwellings. Farm dwellings; detached single family
houses; manufactured homes; modular homes; and mobile homes, if
converted to real property and taxed as a site built dwelling, as provided in
�he Code of Iowa, as amended. (See Exceptions, below).
(2) Detached Zero Lot Line Dwellings.
(3) Attached Single Family Dwellings Attached zero -lot -line dwellings;
townhouse dwellings.
C. Two Family Uses
Two Family Uses are Hou/Iot.
Living ses in which there are two principal
dwelling units within a sinding nd both dwelling units are located on the
same lot. These uses arefer d to as duplexes.
d. Multi -Family Uses
Multi -Family Uses ar� Hoiving Uses where there are three or more
principal dwellings units single building and all dwelling units within the
building are located on', hlot. These uses include apartments,
condominium apartment'spartments, assisted living apartments,
townhouse -style apartme condominiums, efficiency apartments, and
dwelling units located wited-use buildings.
Accessory Uses
Private recreational uses; sragebuildings; parking for residents' vehicles. Home
occupations, accessory d (ling uni , childcare homes, and bed and breakfast
facilities are accessory u es that are ubject to additional regulations outlined in
Article 14-4C, Access) Uses and Buil Ings. Any accessory use of the property shall
remain secondary to the DrinciDal use of the Droperty for residential livino.
Exceptions
a. Mobile hom located within man ufa ured housing parks approved through a
Planned D elopment process are con 'dered Detached Single Family Dwellings,
regard les
of whether they are convert to real property and taxed as site built
dwelIIno .
b. Deta0bd Single Family Dwellings and Det ched Zero Lot Line Dwellings
appred through a Planned Development )cess are considered Single Family
Use for purposes of this Title, even if they a e located on one common lot and
sold as condominiums.
C. Single Family Uses that contain accessory apart ents are not considered a Two
Family Use.
14
C.
d. Mixed-use buildings containing dwelling units are always considered1611-fan
Uses, regardless of the number of dwelling units within the building.
e. Uses such as hotels, motels, and guest houses, which by definition mafwrlilir&gfol9
tenancy for periods shorter than one month, are not considered residents ,I.
They are considered a form of temporary lodging and are classified `'J y Clerk
Hospitality -Oriented Retail. �✓a City, Iowa
f. Transient housing, which by definition arranges tenancy for periods shorter than
one month, is not considered residential. It is considered a form of temporary
lodging or shelter and is classified as Community Service - Shelter.
g. Alternatives to incarceration, such as halfway houses, where residents are
plad6d� in the facility by court order and are under supervision of employees or
contractees of the Department of Corrections, are classified as Detention
Facilities:.
h.
Group Living Uses
1. Characteristics
Group Living uses are character
group of people roomers that
"group household". The size
T
a longer period. Group Living !�
5y the residential occupancy of a dwelling by a
do not meet the definition of a "household" or
is arranged on a month-to-month basis, or for
; contain individual,rip vate rooming units that
dwelling. Rooming units contain private space
rooming unit. The r idents may or may not ceive any combination of care,
training, or treatm nt, but those receiving suc services must reside at the site.
2. Exa/raterennadlG�roup
Exaa uses from the three subgroups listed below.
a. Group Living
e facilities, including nursing and co valescent homes; assisted living
b. ent Group Living
ouses; student dormitories
c. l Group Living
Fraternities; sororities; monasteries; convents, and rooming house cooperatives.
15
3. Accessory Uses
Recreational facilities; meeting rooms; associated offices; shared ameni
shared kitchens and dining rooms, food preparation and dining facilities; offs r
ED
parking for vehicles of the occupants and staff; storage facilities; off-street Ippgip% ZOIe
areas.
4. Exceptions City Clerk
Iowa Cit Iowa
a. Uses such as hotels, motels, and guest houses, which by definition may arrari✓32
tenancy for periods shorter than one month, are not considered residential.
They are considered a form of temporary lodging and are classified as
Hospi lity-Oriented Retail.
b. Family c re homes, elder group homes, and elder family homes are considered
Group Ho eholds and are classified as Household Living Uses.
C. Transient ho sing, which by definition arranges tenancy for periods shorter than
one month, is of considered residential. I is considered a form of temporary
lodging or shelt r and is classified as Co unity Service - Shelter.
d. Alternatives to inc rceration, such as h fway houses, where residents are
placed in the facili by court order a are under supervision of employees or
contractees of the Department of C rredions, are classified as Detention
Facilities. \
Amend Definitions: (14-9A), as
DWELLING, FARM: A Detached Sii
family household that maintains and
located.
:.r'';:;; �'=..a:11
of a Group Household, as defined in this Title.
f Dwelling located on a farm and occupied by the
owns or leases the farm on which the dwelling is
16
ROOMER: An individual who leases and resides within a rooming unit of a Group Living Use. Awn
of a greup Wing use- Staff, including live-in staff of an assisted group living use, are not considered
"roomers".
ROOMING HOUSE. Any dwelling, eF that paFt ef any dwelling, containing two ene-or more rooming
units in which space i let by the owner or operator to four or more roomers. A rooming house is
categorized as an Inde ndent Group Living Use.
ROOMING UNIT: Any h stable room or group of adjoining habitable rooms that form a single, private
residential unit intended to used primarily for living and sleeping, but not for cooking, located within a
group living use.
Amend Chapter 17-5, Housin Code, Section 18,
Housing, by adding a new sub ion S, entitled,
follows.
S. Regulation of Noncompliant Situations
1. Existing single family dwellings
2.
bedroom unit, 2 adults.
3.
Amend Chapter 17-5, Hou*ng Code, Section 3,
ACCESSORY DWELLING IT: A temporary dwelling unit that is ii C
dwelling OF deplex. \
Amend Chapter 17- Housing Code, Section 18, Minimum
Housing, paragrap L, as follows.
Structure Standards for All Rental
w of Noncompliant Situations, as
as follows.
to an owner -occupied single-family
Standards for All Rental
201E
L. Bedrooms canno exceed 35 percent (35%) of the finished floor area of a single-family dwelling or duplex unit,
not including flo area of a recreation room in the basement. Any existing single family or duplex unit that
contained lawful bedroom space that exceeded this percentage can nrior to January 1. 2018 may continue to be used
as bedroom soace. However. additional bedroom space may not be added unless the unit is brought into full
compliance with this standard. This dimensional standard is subject to administrative
17
Section III. Repealer. All ordinances and parts of ordinances in conflict with the provision 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.
18
FLED
FEB 2 8 Z91g
City Clerk
Iowa City, Iowa
Kfice
J �L
Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
FEB 2 6 2018
ORDINANCE NO. City Clerk
Cite_ IOW7,
Ordinance amending Title 14, Zoning and Chapter 17-5 Housing Code,
to amend and clarify regulations related to occupancy of residential
dwellings and to establish standards to ensure adequate parking and
open space for both rental and owner househ9fds that promote safe,
and stable residential neighborhoods.
Wh as, Iowa City, like many cities around the
based upon i definition of "family" and whether the oc(
marriage, adopt n or placement by a social service ages
Whereas, April 2017 the State legislature ac
Code Section 414.1 prohibit municipalities, after Janu
any regulation or rest 'ction related to occupancy of r)
upon the existence of fa ilial or nonfamilial relationshid
property; and,
Whereas, regulation occupancy based on
promote peaceful habitation in sidential areas of I
in those neighborhoods impacte by their proxim>i
pressures of the student rental me et; and,
Whereas, since at least the 1 Nos,
of unrelated persons and off-street parRipg
Whereas, over fifteen years ag
related to the livability of neighborhoods,
neighborhoods near the University of Iowa
Whereas, on October 23, 2001, th
Relations Task Force in Resolution No. 0/I
and neighborhoods to review nui.
residential areas of Iowa City'; and,
Whereas, on June 27, 2002
Task Force" ("2002 Task Force Ret;
Whereas, the 2002 Task F
City Council established the Tas
rytry, currently regulates occupancy
is are or are not related by blood,
and
Oted a law (HF 134) amending Iowa
ry 1, 2018, from adopting or enforcing
,idential rental property that is based
between the occupants of such rental
6milial status has been an important tool to
Iva City for more than 50 years, particularly
to the University of Iowa campus and the
m occupancy has been based on the number
City Council began closely considering issues
ding the impact of the rental housing market in
pus; and,
! Cit 'council established the Neighborhood Housing
-353sisting of representatives of owners, tenants,
laws an ,policies "to afford peaceful habitation in
Task Force su fitted its "Proposed Initiatives/Report of
to the City Counc and,
Report begins with s marizing the reasons why the
B, which include: "[T]h Neighborhood Council [an ad-
hoc group consisting of represe tatives of neighborhood assocl tions] also explored the efforts
of other college communities t address the tensions that exist w en long-term residents co-
exist with significant, short-te rental populations. For example, th Neighborhood Council
collected information on ke ordinances, couch ordinances, tenant i ormation handbooks, and
efforts to limit over Occup cy."; and,
Whereas, seven of the twenty-six recommended initiatives i the 2002 Task Force
Report were directed occupancy which resulted in the requirement tha andlords and tenants
acknowledge in writi the maximum occupancy of the unit (i.e., the Info ational Disclosure
and Acknowledgm seven/
Form) and the inclusion of the maximum occupancy n the face of the
online rental permX; and,
Whereas one recommendation in the 2002 Task Force Report specifibally addressed
quality and liva llity of neighborhoods near the University of Iowa: "Direct City Manager to direct
police to consi er increased patrols of neighborhoods experiencing numerous disorderly house
and criminal complaints, including, for example, foot patrols in near -downtown neighborhoods
between 2-3 a.m. This proposal would help to stop problems before they happen."; and,
ALEWhereas, the Southwest District and Central District Plans, adopted in 2002 E D
respectively, as integral components of the City's Comprehensive Plan, set forth goals and
objectives for addressing housing and quality of life issues in central city neighborhoods; "2 6 Zola
Whereas, a goal of the Central District Plan is to continue to monitor and enfonW the
Neighborhood Nuisance Ordinance and to identify any additional quality of life i$pudg'� ar
surface so that they can be addressed in a timely fashion through targeted code enfor�e ";it,
mediation, education, or additional regulations; and,
Whereas, it is a goal of the Central District Plan to work to achieve a healthy balance of
rental and owner -occupied housing in the district's older neighborhoods to promote long-term
investment, affordable housing opportunities, and preservation of historic homes and
neighborhoods; and,
Whereas, ' is a goal of the Southwest District Plan to Lbilize existing single family
neighborhoods in der to provide the opportunity and encoura
close to the Univers' y and downtown Iowa, including singles,
elderly populations; a d,
Whereas, it is goal of the Southwest District Pla/
university students with he goal of
singles, and older persons; nd,
Whereas, in recognit n of th
negatively impacts the quality,'i<vabili
the maximum penalty allowed\by
requirements of the City Code; and,
Whereas, the loss of this
protecting existing
e fact that over
ty and value of
state law for
tool
neighborhoods, particularly those neighbonc(
careful study of alternative options; and,
Whereas, an illustration of this threat
City received approximately 40 applications
duplex rental properties that would result in a
Whereas, in previous years the City
households of all types to live
nilies, university students and
to balance the unique needs of
ing that is suitable for families,
�pancy of rental units is an issue that
iighborhoods, City Council has imposed
violation of the maximum occupancy
threatens the stability of the City's
t to the University of Iowa and requires
iat soon after House File 134's enactment the
building permits on existing single-family and
ease inthe number of bedrooms; and,
r eived fewer than five such applications per
year; and,
Whereas, on June 13, 2017, the Ci Council in esponse to HF 134 established in
Ordinance No. 17-4710 a moratorium on a issuance o ew rental permits and building
permits that enlarged rental dwellings in he central area o Iowa City that automatically will
expire on January 1, 2018 to study ho to mitigate the imp is of rental housing and increases
in occupancy levels on neighborhood tability, housing afford ility, public and tenant safety,
urban congestion, blight, risk to publi peace and order, conflic between rental and owner -
occupied housing, and excessive d mands upon public safety, i astructure and municipal
services; and,
Whereas, since passage Ordinance No. 17-4710, the Cit has studied the relationship
between concentrations of rent housing and neighborhood stability, quality, and livability and
how best to address the negati a impacts resulting from such concentrations; and,
Whereas, over the ye s, many single-family homes in the neighborhoods surrounding
the University of Iowa camp have been converted from owner occupied to rental; and,
Whereas, the fall 2 6 student enrollment at the University of Iowa was 32,011
(undergraduate, graduate and professional) with the University of Iowa providing housing for
7,942 students by mean of dormitories, fraternities/sororities, University owned units, and
University leased units; and,
Whereas, in the fall of 2016, the University of Iowa provided housing for approximately
25% of the students, which meant approximately 24,000 students needed to secure non -
University providing housing during the 2016-2017 academic year; and,
Whereas, the fall 2017 student enrollment at the University of Iowa is 33,564
(undergraduate, graduate, and professional); and,
ED
Whereas, although the University of Iowa opened a new dormitory (Catlett Hain the
fall of 2017, it also leased fewer units on the private market such that it still provides onhEg 2 g 2818
approximately 28% of the housing for University of Iowa students, which means that
approximately 24,000 students needed to secure non -University provided housing in Atrib stvlerk
2017; and, Iowa City, Iowa
Whereas, in the Iowa City Zoning Code residential uses are classified as either
"Household Living Uses" or "Group Living Uses." Household Living Uses include Single Family,
Two Family (duplexes), and Multi -Family Dwellings. One "household," as defined in the code, is
allowed within each of these types of dwelling units. In sim 'fied terms, a household is currently
defined as a single person, or a family with up to one room e or a group of no more than 3
unrelated persons. Group Living Uses are characterized by a residential occupancy of a
dwelling by a g oup of people who do not meet the definitio of a household. Group Living Uses
contain private oming units that provide facilities for livin and sleeping, but not for cooking,
and may contain shared living spaces. Group Living Uses include rooming houses, group care
facilities, nursing omes, assisted living facilities, fratemi as and sororities, and similar.
Whereas, usehold Living is distinguished fro Group Living in that members of a
household live toget r as a single housekeeping unit here the responsibilities and expenses
of the household are s red. For example, household embers typically share food, household
supplies, vehicles, and a areas of the home are ope to all members of the household. In
contrast, in a Group Living se, such as a rooming ouse, individuals have their own private
living space and do not typi ly share household penses, supplies, vehicles, and the like;
and
Whereas, Since Group U 'ng Uses tend be larger in scale and occupancy than single
family dwellings or duplexes and ically need ore space for parking, they are only allowed in
higher density multi -family and mixe se zon s. However, by eliminating the typical means of
defining a "household"(by familial statu , it is uch more difficult to determine whether a use is
a Single Family Use or whether it is a ro i house. Instead the City will need to rely on other
methods to prevent overcrowded condition and inappropriately scaled dwellings intended
solely to maximum residential occupancy i out regard to the character, livability or long term
stability of the neighborhood; and
Whereas, to address the issues escribe above and to promote safe, healthy, and
stable residential neighborhoods with a ix of ho ing types and adequate parking and open
space for both rental and owner hous olds, Chang to the zoning code are necessary; and
Whereas, there have been a mber of chan s to the occupancy limit for Household
Living Uses over the years to addres issues of neighb hood stability. When those changes
were adopted, occupancy of existin rental permits were randfathered.° Since there will no
longer be a stated limit on the num er of unrelated person within a unit, there is no longer a
need to grandfather existing renta occupancies, so these se ions of the zoning code should be
deleted; and
Whereas, to clarify how cupancy is determined, a cros eference to the Housing
Code will be added to all the b e zone chapters of the zoning co including the form -based
zoning district chapter, which ill also provide notice that occupancy properties that are not in
compliance with the minimu zoning requirements for parking and ope space will be limited by
the provisions of the Housin Code; and
Whereas, the parki g requirement for Single Family and Two Family Uses is currently 1
parking space per dwelli unit plus 1 additional parking space for each additional unrelated
person in excess of tw . Since a requirement based on familial status is no longer enforceable,
new parking require nts for single family homes and duplexes are necessary. Basing the
parking on the number adult occupants is a reasonable approximation of parking demand
because, in general, the greater the number of adults in the household the higher the number of
vehicles; and
3
Whereas, a change to the occupancy standard is recommended for accessory
apartments, deleting reference to the household definition that was tied to familial status and
establishing an occupancy limit of two individuals, since these units are accessory to tMB 2 6 1010
principal use of the property as an owner-occupied Single Family Dwelling and are limi'e�yt�lerk
one-bedroom; and
Whereas, A new rear setback requirement is proposed for single family and 1 �&4wa
in the RS-8, RNS-12, RS-12, RM-12, RNS-20, and RM-20 zones in the Central and Downtown
Planning Districts This new standard is proportional to the depth of the lot. These are zones
that are prevalent'n the older neighborhoods close to campus and zones intended to provide
opportunities for m re affordable, modest homes on smaller lots. They are also areas that are
now vulnerable to inppropriate expansions to increase occupancy. The proposed formula is: lot
depth minus 80 feet r lots greater than 100 feet in depth. For smaller lots, the rear setback
remains 20 feet. This ew standard was recommended by form-based code consultants from
Opticos to ensure "hi -scale" buildings by preventing homes fro being extended deep into
the lot to create a duple or to add an excessive number of bedroo s to in existing single
family home. This will het to control occupancy and will maintain consistent placement of
homes on the lot with open ear yard space behind the home. La uage is added to clarify that
garages located in the rear rd and attached to the home by a arrow breezeway are treated
as detached accessory buildi s, so are not subject to the prin pal building setback. In
addition, the code clarifies that ar yard porches, including s eened-in porches may encroach
into the rear setback, since thes are desirable amenities th are often added to an existing
home, but will not increase the oc panty; and
Whereas, the side setback f multi-family and gr p living uses is increased to 10 feet
to be consistent with the standard in •verfront Crossin . This will ensure that there is at least
20 feet between multi-family buildings abutting lots. imilarly, the rear setback in the PRM
Zone is changed to be consistent with th standard i he Riverfront Crossings District. The
current standards have resulted in the clo spacin of multi-family buildings, such as along S.
Johnson and S. Van Buren Streets, creating row d conditions and concerns about privacy,
safety, and livability for residents; and
Whereas, the number of bedrooms in a ched single family and duplex units is limited to
four. This is a clear and objective standard tha be easy to administer and will help to control
occupancy to a reasonable level for these hig er d sity household living uses; and
Whereas, to mirror the change made n the using Code, the minimum bedroom size in
multi-family uses is increased from 70 squ a feet to 0 square feet. Since parking is based on
the number of bedrooms and occupancy i no longer Ii ited to 3 unrelated persons, excessively
large bedrooms greater than 225 square eat or with an dimension greater than 16 feet will be
counted as two or more bedrooms. Thi will prevent bed oms with enough space for double
occupancy without a commensurate i rease in the parkin provided. This large bedroom
standard also applies to attached
sir le family and duplexe and
Whereas, to ensure a mini m amount of private, u le open space is provided to
support the health, well-being an enjoyment of the residents residential dwellings and to
support passive recreation, leis a activities, informal gathering, nd opportunities for interaction
with nature, anew minimum o en space requirement is propose or all household living types,
including single family, duple as, multi-family and group living uses. To provide relief in cases
for unusually constrained I s or lots with little rear yard space, such s reverse corner lots, infill
lots, oddly shaped lots, a similar, an option to request a minor modi cation to these standards
is provided. However, it hould be noted that occupancy of a rental unit will be constrained if the
lot does not fully meet a open space requirement; and
Whereas, th descriptions of the residential use categories are amended to more clearly
distinguish Househ Id Living Uses from Group Living Uses. For household living, added
language introduces the term "single housekeeping unit", which is then included in the new
definition of "Household" in Chapter 14-9A, Definitions. The obsolete definition of household that
4
is based on familial relationship is deleted. In the "exceptions' section of Household Living, it
also clarifies that if there is more than one residential lease issued per dwelling unit or if there
are locks installed on bedroom doors that create de facto rooming units where an individpl* 2 (i 2016
resident can prevent other residents from entering his/her private room, then the use is
classified as a Group Living Use; and
Whereas, in the definitions chapter of the zoning code, in addition to amendingcthe�
definition of "house old," a definition of "adult" is added, since parking requirements for single
family and duplex u es will be based on the number of adults. Such a requirement is reasonable
as generally adults re drivers and children are not. There are a few clarifications added to the
definitions of "roome " "rooming house', "rooming unit," and "farm dwelling" to address changes
to the regulation of res' ential occupancy and since nonconforming) rights are no longer granted
for residential occupan . this definition is deleted: and
Whereas, in addit n to the zoning code changes, the
several clauses to the Hou in
g Code (Chapter 17-5), that add
family and duplex uses that o not meet the minimum parking
zoning code. Also, a Corr
to the definition of "accessory
is necessary, since accessory welling units are not allowed f
clause is proposed to clarify tha for existing single family an
percentage of bedroom space wi in the unit exceeds 35% th
continue, but no additional bedroo space may be added nl
compliance with the standard
Whereas, it is in the City's bes interest to
NOW, THEREFORE, BE IT ORDAINED BAY THE
IOWA:
SECTION I. The Code of Ordinances of tl
forth in the attached redlined document entit
underlined text being new language added to
language to be deleted;
Section Il. Repealer. All ordinances and
this Ordinance are hereby repealed.
Section 111Section III. Severabilitv. If any section, pr
be invalid or unconstitutional, such adjudi ii
whole or any section, provision or part the of
Section IV. Effective Date. This Ordi nce
and publication, as provided by law.
Passed and approved this
Mayor
City Clerk
you cil will be asked to add
re# occupancy limits for single
0 open space standards in the
rrelling unit" in the Housing Code
duplex uses. And finally, a
duplex rental units where the
e use of those bedrooms may
ass the unit is brought into full
ordinance.
COUNCIL OF THE CITY OF IOWA CITY,
of Iowa City, Iowa is hereby amended as set
tachment to the Ordinance No. XXXX," with
y Code and strike -through notation indicating
parts ordinances in conflict with the provision of
vision or rt of the Ordinance shall be adjudged to
in shall not ffect the validity of the Ordinance as a
not adjudge invalid or unconstitutional.
shall be in a ct after its final passage, approval
18.
by
City Attorney's Office
Attachment to Ordinance No. XXXX
FEB 2 6 2018
Delete the following sections. City Clerk
• Sectio614-411l Nonconforming Residential Occupancy Iowa City, Iowa
• Section 1 4-4&9, Regulation of Nonconforming Residential Occupancy
• Section
Amend 14-2A-5, 1
Household Living
The residential occu
unit, as this term is
Nonconforming Situations.
Occupancy of a Nonconforming Use
•5, 14-1C-5, and 14-2E-5,
as follows:
a Household Living Use is
in Chapter 9, Article A, '
Occupancy for
to one "household" per dwelling
I Definitions', of this Title. The
Amend paragraph 14 -2G -3A -2b. (Household Li ing Uses in the South Downtown,
Park South Gilbert and Universitybdistri ), as follows:
b. Household Living Uses shall be allowed ' hin p rmitted building types as specified in section
14-2G-5 of this article. For multi -family uses, a firovisions in section 14-413-4 of this Title are
superseded by the standards in this article, an erefore, do not apply. Residential occupancy
is limited to one "household" per dwelling unit, a this term is defined in Chapter 9, Article A,
"General Definitions", of this Title. The resid tial )KC1.113angi of a Household Living Use is
constrained by the wovisions of Chapter 174, HousNo Code. The maximum number of
bedrooms per dwelling unit is three (3). Re idential d sity (units per acre): no maximum.
However, in the South Downtown and Un ersity Subdi icts for apartment buildings, multi
dwelling buildings and mixed use buildin s the number o three (3) bedroom units per lot may
not exceed thirty percent (30%) of the otal number of un- on the lot. In the South Gilbert
and Park Subdistricts for apartment b dings, multi-dwellin buildings, and mixed use buildings,
the number of three (3) bedroom uni per lot may not exce d twenty percent (20%) of the
total number of units on the lot.
Amend paragraph 14-2G-36 c. (Household Living Uses' e Central Crossings and
Orchard Subdistricts and Ea ide Mixed Use District.
c. Household Living Uses shal be allowed within permitted building ty s as specified in section
14-2G-5 of this article. For Iti-family uses, the provisions in section 14-46-4 of this Title are
superseded by the standar in this article and, therefore, do not apply. Residential occupancy
is limited to one "househo " per dwelling unit, as this term is defined in Chapter 9, Article A,
"General Definitions", of is Title. The residential occupancy of a Household Living Use is
constrained by the Dro sions of Cha ter 17-5 Housing Code. The maximum number of
bedrooms per dwellin unit is three (3)., _-- „_. fee G_µ,_.. Hemes, ...w ,._„ thenumbei:_f
Residential density (units per acre): no maximum. However, in the
Central Crossings bdistrict for apartment buildings, multi dwelling buildings and mixed use
buildings the number of three-bedroom units per lot may not exceed thirty percent,,w) of
the total number of units on the lot, except for south of the Iowa -Interstate Rail Lir1e reE
the number of three-bedroom units for these buildings types may not exceed twenty renT
(20%). In the Eastside Mixed Use District and Orchard Subdistrict, the number of thregEB 2 6 2018
bedroom units for these buildings types may not exceed twenty percent (20%).
Amend paragraph
as follows.
a. Household Living U
14-2G-5 of this article.. FoFo\n n
superseded by the standar
is limited to one "household
"General Definitions", of this
City Clerk
Iowa City, Iowa
(Household Living Uses in dre Gilbert Subdistrict),
I be allowed within permitted build/g types as specified in section
ilti-family uses, the provisions in Oction 14-46-4 of this Title are
in this article and, therefore, do ficit apply. Residential occupancy
per dwelling unit, as this term i defined in Chapter 9, Article A,
bedrooms per dwelling unit is thYl
bedic......,.,.:_ .._ ,.,.._:,.t,,.,. Resider
apartment buildings, multi-dwellir
bedroom units per lot may not ex
lot, except for south of the Iowa-]
for these buildings types may not
Ater 17-5, Housing Code. The maximum number of
I density (units per acre): no maximum. However, for
uildings and mixed use buildings the number of three-
thirty percent (30%) of the total number of units on the
e ate Rail Line,,where the number of three-bedroom units
ceed,twenty per/tent (20%).
Amend paragraph 14 -2G -3D -2a.
Subdistrict), as follows:
a. Household Living Uses shall be allowed wi
14-2G-5 of this article. For multi -family uses,
superseded by the standards in this article ai
is limited to one "household" per dwelling
"General Definitions", of this Title. The reid
Living Uses in the West Riverfront
building types as specified in section
s in section 14-4B-4 of this Title are
do not apply. Residential occupancy
i is defined in Chapter 9, Article A,
constrained by the provisions of Chapter 7-5 Housina Co e. The maximum number of
bedrooms per dwelling unit is three (3). esidential density units per acre): no maximum.
However, for apartment buildings, mul -dwelling buildings a mixed use buildings the number
of three-bedroom units per lot may n exceed thirty percent 0%) of the total number of
units on the lot; south of Benton Str et, the number of three -be room units for these buildings
types may not exceed twenty perce t (20%).
In Section 14-5A-4, Amend able SA -2, Minimum Parking Requirements for All
Zones, Except the CB -5, C 10, Riverfront Crossings Zones, and the Eastside Mixed
Use District, i In/lows:
In Section 14 -SA -4, Amend
Riverfront Crossings and Ea
parking requirement for Ho
cottage home, row house, t
the following language:
each adult occupant beyond 3.
adult occupant beyond 3
VED
None
required F 8 2 6 Y018
For 1 -bedroom and 2 -bedroom units:1 parking space. olus one ty Clerk
additional parking space for each adult occupant beyond 3. IOW City, IOWA
SA -3, Minimum Parking Re
Mixed Use Zones, by deleb
Fd Living Uses for the fo/%N
ruse, live -work townhouse,
Amend Section 14-4C-2., Accessory
follows:
C.
reside en thepFepel#y in the ar
uffits}may not exceed two (2).
Amend 14-4C-35-3, (setbacks for) A
following paragraph d.
d. For purposes of determining setbacks,
structures/buildings.
6ments in the
he minimum
building types:
'replacing it with
2c, (occupancy), as
The total number of individuals that
Buildings, by adding the
Amend 14 -2A -4,14-2B-4, an 14-2C-4 by adding a new subsection E, Minimum Open
Space Requirements, as foll ws:
passive recreation leisure activities informal gathering and 0000rtunities for interaction
with nature.
EMO
:euaipo lenoa y •a
. ulllamp aq joj awe s Gado algesn se aeras
�j
9101 'bototem ssal jou inq woapaq jaa ;aa; ajen s pj;o ogej a;e;ol gjea uo P@P!AOJa aq
(legs ase s ua o algesn sash uln!l� dnoig jo sashllwej-UglnW uleluo:) leLp sgol up •e
.,
s;uawaip ab wnwlulW -Z
(1) The applicant has demonstrated that every effort has been made to design
of driveways, reducing paved areas and size of new buildings or additions, and
providing alternative means of vehicular access to the property; and
(2) The open space requirement will be satisfied to the extent possible in another
location on the lot, such as a side yard; and
(3) 1\ Any potential negative effects r4ulting from the exception are mitigated to the
Amend 14-4H-14 (minor modification
as follows.
Amend Table 2A-2:
Zones, as follows
by adding a new paragraph 24,
in the Single Family Residential
Table 2A-2: Dimensional Requirements - th Single Family Residential Zones
Maximum Lot
Minimum Lot Requirements
nimum Setbacks
Building Bulk
Coverage
Min.
Zone/
Lot
Area/
Lot
Max.
Min.
Total
Front
Maximum
Ooen
Space
Use
Size
Unit
Width
Frontage
on
/(fto
Side
Rear
Height
Building
Building
Setback
# of
sl LE
(s.f.)
(s.f.)
IR•1
(R)
.)
(R.)
(ft.)
(ft.)
Width
Coverage
Coverage
bedrooms
IR)
per unit"
R-1
Detached
F,
ncluding
40,000
40,000
80
50
156
5+22
20
35
203
40%
50%
n/a
500
Zero Lot
ne
ther
40,000
n/a
80
50
20
5+22
20
35
203
40%
50%
n/a
n/a
ses'
S-5
Detached
F.
ncluding
8,0008
8,000
608
4
156
5+22
20
X
203
45%
50%
n/a
500
Zero Lot
ne
I
I
I
Duplexes
12,000
6,000
80
80
156
5+22
20
35
203
45%
50%
4
nLunit
Fached
6,000
6,000
40
40
156
Dos
20
35
03
45%
50%
4
MO
Dither
8,000
n/a
60
45
20
5+22
20
35
203
45%
50%
n/a
n/a
ses'
S-8
lathed
gg
F,
See
ncluding
5,0008
5,000
458
408
156
5+22
35
203
45%
50%
n/a
500
ero Lot
Note
Line
9
5
Table 2A-2: Dimensional Requirements in the Single Family Residential Zones FEB 2 6 2018
Maximum Lqt
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
CoveragdNn ity
lerk
Min
Zone/
Lot
Area/
Lot
Max,
Min.
Total
�rFront 1
, Maximum
Open
Use
Size
Unit
Width
Frontage
Front
Side
Rear
Height
ildmg
Building
Setback
#of
Space
Ll
(s.f.)
(s.f.)
(ft.)
(ft)
(ft')
Ift l
(ft.)
(ft)
dth
91)
Coverage
Coverage
bedrooms
per unit
29
Duplex
8,700
4,350
70
70
156
5+22
See
35
/203
45%
50%
4
300/unit
Note
9
41t5F
4,350
4,350
35
35
156
0 o or
20
35
203
45%
50%
4
150
105
Dither
ses'
5,000
n/a
45
40
20
5+22
20
35
203
45%
50%
Na
nA
RS-
Detached
20
2
F,
Sce
ncluding
5,0008
5,000
450
40°
156
5+22
3
203
50%
50%
n/a0000
ero Lot
Note
Ine
9
20
Duplex
6,000
3,000
55
40
156
5+22
See
35
203
50%
50%
4
/unit
Note
9
Fach�
3,000
3,000
20/281
20
156
DOr
2
35
183
50%
50%
4
150
her
rres'
5,000
n/a
45
40
20
5+22
20
35
203
50%
50%
n/a
n/a
NS -
12
Detached
5,000
5,000
45
25
156
5+2
_
35
203
40%
50%
�a
500
F
Note
9
uplex
6,000
3,000
45
25
156
5+22
i0te
203
40%
50%
4
300/uni
9
10/bedro
om. ut
F Uses
5,000
Existing4
45
25
1
5+2s
20
35
203
40%
50°k
3
no less
than 400
Dither
Uses'
5,000
n/a
45
25
20
5+2z
20
35
2
40°h
50%
nla
n/a
Notes:
n/a = not applicable
'Other uses must comply with the standards listed /ium
nless specified otherwise in Article 14-0B.
Y Minimum side setback is 5 feet for the first 2 storit for each additional story. Detached Zero Lot Lin\Dwe ngs must comply
with the applicable side setback standards in Articl
3 A building must be in compliance with the specifieuilding width for at least 75 percent of the building's length.'
4 See the Special Provisions of this Article regardiny Uses.
5 See applicable side setbacks for Attached SF as rticle 1448, Minor Modifications, Vadances, Special Exceptions, and
Provisional Uses.
6 The principal dwelling must be set back at least 15 feet, except on lots located around the bulb of a cul-de-sac; on such lots the principal
dwelling must be set back at least 25 feet. On all lots, garages, both attached and detached, must be set back as specified in Article 144C,
Accessory Uses and Buildings.
Table 2A-2: Dimensional Requirements in the Single Family Residential Zones
Minimum Lot Requirements
Minimum Setbacks
B Idling Bulk
Maximum Lot
Maximum
Min. Open
Zone/
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
Coverage
Front
Min.
Zone/
Lot
Area/
Lot
Front
q of
Space12
Use
Max.
Min.
Total
Front
Maximum
en
Space
Use
Size
Unit
Width
Frontage
Front
Side
Rear
Height
Building
Building
Setback
8 of
E
(fL)
(s•f•)
(s.L)
(fL)
(ft)
(L)
(ft)
(L)
(R)Coverage
Wim
(R)
Coverage
bedroomsat
per unit tt
7 Minimum lot width is 20 feet for attached units on interior lots and 28 feet for end lots in a row of attached units. When only two units are
attached, lots must be 28 feet wide.
81f the Single Family Density Bonus Option have been applied, the minimum lot area, lot area per unit, lot width and lot rontage
requirements may be reduced accordingly ee Section 14-2A-7).
9The principal building rear setback is 20 f except in the Central Planning District and Downtown Planning Dist ct, ere the rear setbackLE
s1 i
is danondant nn tha dpnth of the Int Fnr Intl pal to nr less than i nn fact in danth, min rear sathank = 9n feet Fnr Intd nreater than 100 feet .��
2 6 1010
City Clerk
va City, Iowa
Amend Table I0-1, Dimensional Requirements for Mu/ti-Family Residential Zones,
as follows:
Table 2B-2: Dimensional Requirements for Multi -Family Residential Zo es
Minimum Lot Requirements
Minimum Setbacks
B Idling Bulk
Max Lot Coverage
Maximum
Min. Open
Zone/
Total
Area/
Width
Min.
Front
a
Rear
HL
Min.
Total
Front
q of
Space12
Use
Area
Unit
Frontage
Bldg.
g
Bldg.
g
Setback
bedrooms
s.f.
( )
(s.f.)
(ft.)
Iftl
(ft.)
(R
(fL)
(R)
Width
Coverage
Coverage
per unit1J
'3
fsf!
Detached
SF and
Detached
5,0007
5,0007
59
407
155
5+28
358
203
50%
50%
n/a
500
Zero Lot
of
Line
10
12
F0
e
Duplex
6,000
3,000
55
40
155
5+ z
203
50%
50°k
4
300/unit
Note
>Q
Attached
3,000
3,000
20/286
20
155
01104
20
358
n
50%
50%
4
150
358
10/bedroo
Multi-
8,175
Tab
60
40
5+2�
20
203
50%
50%
3
m, but no
Family
2B 3
10
less than
\,
400
358
10/bedroo
m no
Group
8,175
See
60
40
20
10
20
203
50%
50%
See An. 4B
less than
Living
Art. 4B
10
400
Nesidentialt
5,000
5,000
60
40
20
20
35 8
203
50%
50%
n/a
nig
7
CJ
d
r
�I
g o
vl'
$
o
r
8@
A
vI
g
vl
E
E�
d
�I
a_yi
cTil
E�
a_yi
E�
n
Yi
v
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op
ep
a
op
ap
op
0pp
0
0
0p
op
LL � >
p�p
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10
It's
�
W U
10
10
1tJ
4�J
1fJ
1(J
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ll�
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o
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b d
F Ip G
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0
to
Si
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In
0
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v
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In
v
In
v
In
a
In
v
t�i
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tp
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32 9
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eh
A
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-7Z
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`g'
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(h -O O
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(n ¢
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tLq
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(n F m N c N
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(n Q
C
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m
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c
cf
•C
S
25
n
o
25
25
Q
I(j
f'J
I[J
I[J
16
IA
N
O
In
Iry
YJ
m
E
pN
pQ
d
m2
~
m
N d
y� LL y N C
O (n O J
ty
r LL
Q
N>
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Qry1 LL 4I c
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0
T- LL
Q (n
N
LL
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(n
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a
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m 2
CJ
Table 2B-2: Dimensional Requirements for Multi -Family Residential Zones
Minimum Lot Requirements
Minimum Setbacks
Building Bulk
Max Lot Coverage
Maximum
Min.
Zone)
Use
Total
Area
Area/Width
Unit
( )
Widfh
Frontage
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Fit
(n)
Min.
Bldg.
Width
Total
Bldg.
stag
Coverage
Front
Setback
Coverage
9
I i iof Ii l
bedrooms
per unit 13
an
So e12
IiL
Group
Living
5'�
See
Art. 4B
none
35
20
5.1w
10
20
351
203
50%
°
50 h
A .4B
—
10/bedroo
m, but no
less than
400
residential)
5,000
n/a
no
35
20
10
20
351
203
50%
50°h
rt
n/a
PRM
Mufti-
5000
,Family
See
Table
2B-3
none
35
20
&4
10
5+,93
1077
351
2 3
50%
50%
3
10/bedroo
m but no
less than
400
Group
Living
5,000
See
Ad. 4B
none
\3520
5+82
10
ti a23
1017
351
203
50%
50%
See Art. 4B
10/bedroo
m, but no
essthan
400
residential)
5,000
n/a
none
35
0
6+W
106+22
11
31
203
50%
50%
nl;i
n/a
Notes: n/a = not applicable
'Non-residential uses must comply with the standards listed in is table unless
Special Exceptions, and Provisional Uses.
t Minimum side setback is 5 feet for the first 2 stories plus 2 feet f ac
the applicable side setback standards in Article 14-0B.
3 A building must be in compliance with the specified minimum building
4 See applicable side setbacks for Attached SF as provided in Article 14
Provisional Uses.
5 The principal dwelling must be set back at least 15 feet, except on lots
dwelling must be set back at least 25 feet. On all lots, garages, both atta
Accessory Uses and Buildings.
6 Minimum lot width is 20 feet for attached units on interior lots and 28 f
attached, lots must be 28 feet wide.
'If the Single Family Density Bonus Options have been applied, the In
may be reduced accordingly (See Section 14 -2B -4A, Minimum Lot eqt
°Additional height restrictions may apply on properties adjacent to ingh
Building Bulk Regulations).
otherwise in 144B, Minor Modifications, Variances,
story. Detached Zero Lot Line Dwellings must comply with
at least 75 percent of the building's length.
or Modifications, Variances, Special Exceptions, and
�t round the bulb of a cul-de-sac; on such lots the principal
an and etached, must be set back as specified in Article 144C,
for end lots a row of attached units. When only two units are
Im lot area, lot ea per unit, lot width and lot frontage requirements
Family Zones or
9See the Special Provisions of this Article regarding minimum I area per unit requirements in
10 The ndnnlnni hiiillllnn rear Sathark IS %r feat eYMnt In tha antral Planninn niorict and nn,
Amend Tables 28-3 and 2C -2(c), as follows:
Family Uses (See Subsection 14 -2B -4C,
Zone.
Table 213-3: Maximum Density Standards for Multi -Family Dwellings in Multi -Family Zones'
`Zone
CO -1, CC -2, CN-1/kind MU
CB -2
CB -5 and CB -10
FEB
Efficiency
RM -12
RM -44
PRM
or 1-
2,725
RNS-20
There is no minimum
Git
Efficiency
of area per unit
Iowa
or 1-
2,725
1,800
500
435
Bedroom
Two-
Area per Unit
Minimum Lot unit
2,725
875
units r lot may not
(in square feet)
Unit
exceed percent of
the total n ber of
Area per Unit
Bed m
2,725
1,800
1,000
875
(in square feet)
units on the lot.
Unit
it
Unit
3
3
multi -family dwelling unit
Minimum bedroom size' A100
so. ft.
100 sq. R.
100 so. lt.
Notes:' New bedrooms must be a miAnnum of 100 square feet in size. However for purposes of the provisions within this table,
2,725
2,700
1,500
1,315
Unit
Maximum # of bedrooms per
3
3
3
3
multi -family dwelling unit
Minimum bedroom size'
IKSO.
10 ft.
100K ft.
100 sa. ft.
Notes: 'New bedrooms must be a minimum of 100 soNre feet in size. However, f purposes of the provisions within this table,
any existing habitable room that is larger than 70 square et in size with a horiz tal dimension of at least 7 feet, that meets the
egress requirements as specified in the Building Code, and not a typical char d living space, such as a living room, dining area,
kitchen, or bathroom may will be considered eneeFmore a be oms, as date iced by the @uilding9Efs al. Bedrooms that
exceed 225 square feet in size or have any horizontal dimension eater tha 19f ' shall count as two or more bedrooms as
determined by the City. The maximum number of bedrooms may be rther knstrained by the provisions of the Chapter 17-5
Housing Code.
Table 2C -2(c): Maximum Density Standards for Mu 1 -Family Dwelli s in Commercial Zones'
Zone
CO -1, CC -2, CN-1/kind MU
CB -2
CB -5 and CB -10
Efficiency
or 1-
2,725
435
There is no minimum
Bedroom
of area per unit
Unit
s ndard. However, the
Minimum Lot
nu erof3-bedroom
Two-
Area per Unit
Bedroom
2,725
875
units r lot may not
(in square feet)
Unit
exceed percent of
the total n ber of
Three-
Bedroom
2,72
1,315
units on the lot.
Unit
Maximum # of bedrooms per
3
3
multi -family dwelling unit
Minimum bedroom size' A100
so. ft.
100 sq. R.
100 so. lt.
Notes:' New bedrooms must be a miAnnum of 100 square feet in size. However for purposes of the provisions within this table,
any existing habitable room that is rger than 70 square feet in size with a horizontal dimension of at least 7 feet, that meets the
10
? 6 1018
Clerk
:ity, Iowa
egress requirements as specified in the Building Code, and is not a typical shared living space, such as a living room, dining area,
kitchen, or bathroom may will be considered one er-mere a bedrooms, . Bedroomsthat
exceed 225 square feet in size or have any horizontal dimension greater than 16 feet shall count as two or more bedrooms, as
determined by the City. The maximum number of bedrooms may be further constrained by the provisions of the Chapter 17-CEE
Housing Code.
Amend paragraphs 14 -2A -4B -4b.; 14-26-40-4b.
permitted within required setback area), as folk
hovered Enclosed orches, covered decks, and coven
principal building m st comply with the principal buildin
extend into the requ ed setback area. Unenclosed am
s ace may extend u to 15 feet into the rear setback
from the rear lot line. a standards for uncovered dec
Article C, "Accessory Us sand Building", of this Title. t
decks, and covered patio that are attached to an acce
standards for accessory but ings as specified in Cha
Buildings', of this Title.
Amend 14-4A-3 Residential OFe Categories, a�
A. Household Living Uses
2. Characteristics
The residential occupancy of a
household, who are living tope
its own facilities for living, sleeping,
Lu to
14 -2C -46-4b. (Building features
patios that are attached to the
of the base zone and may not
and patios are specified in Chapter 4,
mored Enclosed porches, covered
Dry building must comply with the
4, Article C, "Accessory Uses and
follows.
unit by a single household or group
single housekeeping unit. The principal use
'al livinci, with each dwelling unit containinn s
k g and eating meals, and with all spaces
hord. The dwelling or dwelling units are
the property as a residence. Tena cy is ica arranged on a yearly basis, but at
least on a month-to-month basis. 7three
3. Examples
Examples include uses from the ubgrouow. The Single Family Uses are
further divided into various dwe ing typese dwelling types have distinct
dimensional and development andardse one in which they are located.
Group Households, given that hey are aus old" rather than a type of
dwelling, are permitted in any type of din t e three other subgroups.
a. Group Households
Group Households incl de only the following specific uses: elder family homes,
elder group homes, p rental group homes, and family care homes, all as
defined in Article 14- A, General Definitions.
b. Single Family Use
A Single Family Use is a Household Living Use where there is no more than one
principal dwelling unit per lot. Single Family Uses include the following dwelling
11
a
types.
(1) Detached Single Family Dwellings: Farm dwellings; detached single family
houses; manufactured homes; modular homes; and mobile homesrif % /Ij,",
converted to real property and taxed as a site built dwelling, as provided in
the Code of Iowa, as amended. (See Exceptions, below).
(2) Detached Zero Lot Line Dwel s.
(3) Attached Single Family Dwel/in . Attached zero -lot -line dwellings;
townhouse dwellings.
C. Two Family Uses
Two Family Uses are Household Livin Uses in which there are two principal
dwel'ng units within a single building and both dwelling units are located on the
same ot. These uses are often referr d to as duplexes.
d. Multi- amity Uses
Multi -Fa ily Uses are Household Livi g Uses where there are three or more
principal wellings units within a sin le building and all dwelling units within the
building a located on the same to These uses include apartments,
condominiu apartments, elder ap rtments, assisted living apartments,
townhouse- s le apartments and c ndominiums, efficiency apartments, and
dwelling units Gated within mi
-use buildings.
Accessory Uses
Private recreational us ;storage bui Ings; parking for residents' vehicles. Home
occupations, accessory elling uni , childcare homes, and bed and breakfast
facilities are accessory use that are subject to additional regulations outlined in
Article 14-4C, Accessory Use and uildings. Any accessory use of the property shall
5. Exceptions
a. Mobile homes located withi nufactured housing parks approved through a
Planned Development pro ss a considered Detached Single Family Dwellings,
regardless of whether the are co verted to real property and taxed as site built
dwellings.
b. Detached Single Family wellings an etached Zero Lot Line Dwellings
approved through a PI nned DevelopmbQt process are considered Single Family
Uses for purposes of is Title, even if th are located on one common lot and
sold as condominiu
C. Single Family Uses at contain accessory ap rtments are not considered a Two
Family Use.
d. Mixed-use buildin s containing dwelling units ar always considered Multi -Family
Uses, regardless f the number of dwelling units ithin the building.
e. Uses such as ho els, motels, and guest houses, wh h by definition may arrange
tenancy for per ods shorter than one month, are not considered residential.
They are con 'dered a form of temporary lodging and are classified as
Hospitality -Oriented Retail.
12
B.
L Transient housing, which by definition arranges tenancy for periods shorterihan .J
one month, is not considered residential. It is considered a form of temporary
lodging or shelter and is classified as Community Service - Shelter. FEB 2 g 1018
g. Alternatives to incarceration, such as halfway houses, where residents are
placed in the facility by court order and are under supervision of employees;,orlerk
contractees of the Department of Corrections, are classified as Detenfiona City, Iowa
Facilities.
h. Anv Sinale Familv Dwelling or dwelling �ltiit within a Two Familv Dwellino where
Group Living Use
2. Characteristi
Group Living us are characterized by the res' ential occupancy of a dwelling by a
group of people mers that who do not m et the definition of a "household" or
"group household".
Tenancy is arr ged on a month-to-month basis, or for
a longer period. Grou Living structures conin individual, private rooming units that
are not open to all the sider of the dwe in .Rooming units contain private space
for living andSlee in b not for cooking./withFA
and fnayalse E-11-11 --A'----Fnrnen dining and Fneeting
otios feF Bathroom cilities m be private or shared. There may also be
shared kitchen and dining faciliflOas and sliared common rooms and amenities for all
residents. The rooming units are Nrnislid with locks through which one member of
the group may revent other member df the aroup from entering his/her private
rooming unit when he/she is not h si 11v oresent. The residents may or may not
receive any combination of care, traing, or treatment, but those receiving such
services must reside at the site.
3. Examples
Examples include uses from the thr a subgroup isted below.
a. Assisted Group Living
Group care facilities, includi g nursing and con lescent homes; assisted living
facilities.
b. Independent Group Li ng
Rooming houses; studen dormitories
C. Fraternal Group Livin
Fraternities; sororities; onasteries; convents, and roomin house cooperatives.
4. Accessory Uses
Recreational facilities; me Ing rooms; associated offices; shared amenity areas,
shared kitchens and dinin rooms food preparation and dining facilities; off-street
parking for vehicles of thie occupants and staff; storage facilities; off-street loading
areas.
13
S. Exceptions
a. Uses such as hotels, motels, and guest houses, which by definition may arrange
tenancy for periods shorter than one month, are not considered resider<fial
They are considered a form of temporary lodging and are classified as
Hospitality -Oriented Retail
b. Family care homes, elder group homes, and elder family homes are considered
Group Households and are classified as Household Living Uses.
c. Transient housing, which by definition arranges tenancy for periods shorter than
one month, is not considered residential. It is considered a form of temporary
lodging or shelter and is classified as C mmunity Service - Shelter.
d. Alte natives to incarceration, such as h Ifway houses, where residents are
plat d in the facility by court order an are under supervision of employees or
cont r ctees of the Department of Corr ctions, are classified as Detention
Faci i ubc.
Amend Definitions. ( -9A), as follows.
DWELLING, FARM: A DetacSingle Family
ily
famhousehold that maintain nd operates,
located.
ling located on a farm and occupied by the
or leases the farm on which the dwelling is
ROOMER: An individual�o leases and resides within a rooming unit of a Group Living Useleases and resides within a rooming unit of a Group Living Use.
Staff, including live-in staff of an assisted group living use, are
not considered "roomers".
14
ROOMING HOUSE: Any dwelling, OF that paFt of any dwelling, containing two one or more
rooming units in which space is let by the owner or operator to four or more roomers. A
rooming house is categorized as an Independent Group Living Use. FEB 2 6 1018
ROOMING UNIT: Any habitable room or group of adjoir i g habitable rooms that Si� lerk
single, private residential unit intended to be used primaril for living and sleeping, but iqt J8�va
cooking, located within a group living use.
Amend Chapter
All Rental Housl
Noncompliant S
2.
3.
5, Housing Code, Section 18, N
by adding a new subsection S,
rtions, as follows:
factors, such as available parking.
Amend Chapter 17-5, Housing Code, $ecdon 3,
ACCESSORY DWELLING UNIT: A temp rary dwelling
occupied single-family dwelling OF duple
Amend Chapter 17-5, Housing Cod, Section 18,
All Rental Housing, paragraph L, a follows:
Structure Standards for
. Regulation of
as follows:
that is accessory to an owner -
Structure Standards for
L. Bedrooms cannot exceed 35 percept (35%) of the finished floor area of a single-family
dwelling or duplex unit, not includin loor area of a recreation room in the basement. Any
existing single family or duplex unit that contained lawful bedroom space that exceeded this
percentage cap prior to January 1 2018 may continue to be used as bedroom space. However,
additional bedroom space may not be added unless the unit is brought into full compliance with
this standard. This dimensional standard is subject to administrative review.
15
Code Amendment Items
Discussion of amendments to Title 14, Zoning, to address
changes to state law regarding occupancy of residential
dwellings.
Change to State Law
After January 2018, municipalities are prohibited from enforcing any
regulation that limits occupancy of rental property based on the
existence of familial relationship.
Our current zoning code regulates occupancy based on the
definition of "Household," which includes a limit on the number of
"unrelated persons" that can live within residential dwelling unit.
In a college town like Iowa City, without reasonable controls on
occupancy, singles, couples, families, and retirees have a difficult
time competing with groups of students for available single family
homes and duplex units, which can instead be rented and operated
as de facto rooming houses.
Goal of the proposed recent changes to the Housing Code and these
proposed changes to the Zoning Code are to establish a balance
between short term rental opportunities and students and long
term housing options for more permanent residents.
Proposed Zoning Code Changes
Delete sections of the zoning code related to "grandfathered occupancy."
Since there will no longer be a stated limit on the number of unrelated
persons, there is no need for any grandfathering of occupancy.
Cross reference to Housing Code is added for clarity.
Amend parking requirements for single family and
duplexes:
For 1 -bedroom and 2 -bedroom units: 1 parking space, plus one additional
parking space for each adult occupant beyond 3.
For units with 3 or more bedrooms: 2 parking spaces plus one additional parking
space for each adult occupant beyond 3.
Limit occupancy of accessory apartments to 2.
Proposed Zoning Code Changes
Change the rear setback requirement for single family and
duplex units in RS -8, RNS-12, RS -12, RM -12, RNS-20, and
RM -20 Zones within the Central and Downtown Planning
Districts.
For lots 100 feet or less in depth = remains the same at 20 feet
For lots greater than 100 feet in depth = lot depth — 80 feet.
Preserve backyard open space and minimizing
impervious surface customary in residential
neighborhoods.
Proposed Zoning Code Changes
Increase side setback for Multi -Family and Group Living
Uses to 10 feet to be consistent with standard in the
Riverfront Crossings Code.
Limit the number of bedrooms withii
units to 4.
and duplex
Mirror changes made to the Housing regarding bedroom size in attached
single family, duplexes, and multi -family units:
minimum size: 100 square feet
Bedrooms that exceed 225 square feet or with any dimension greater
than 16 feet will count as two or more bedrooms
Proposed Zoning Code Changes
Add a minimum open space requirement for residential
uses:
Multi -family and Group Living Uses: 10 sq.ft. per bedroom, but not less
than 400 square feet (same as Riverfront Crossings) with no dimension
less than 15 feet.
Detached Single Family: 500 square feet required in the rear yard with
no dimension less than 20 feet.
Duplexes: 300 sq. ft. per unit required in the rear yard, with no
dimension less than 12 feet.
Attached Single Family: 150 square feet required in the rear yard, but
may also be in upper floor terrace or screened in porch above a garage,
with no dimension less than 10 feet.
Minor Modification available to provide relief in cases of severely
constrained lots, but then occupancy will be limited to no more than 1
adult per 100 square feet of open space.
Notice of Public Hearing
Notice is hereby given that a public hearing will be
held by the City Council of Iowa City, Iowa, at
7:00 p.m., on the 201" day of March, 2018, in City
Hall, Emma Harvat Hall, 410 E. Washington
Street, Iowa City, Iowa, or if said meeting is
cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk; at which
hearing the Council will consider:
Ordinance amending Title 3, Entitled "Finances,
Taxation and Fees," Chapter 4, entitled "Schedule
of Fees, Rates, Charges, Bonds, Fines and
Penalties," and Title 16, entitled "Public Works,"
Chapter 3, entitle "City Utilities," Article A, entitled
"General Provisions," Section 5 entitled
"Establishing City Utility Accounts; Deposits
Required" of the City Cade to increase water
service charges and fees, to eliminate the SurePay
discount, to codify the Low Income Discount program,
and to waive the delinquency deposit if the account
holder enrolls in SurePay.
Copies of the proposed ordinance are on file for
public examination in the office of the City Clerk,
City Hall, 410 E. Washington St., Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
Kellie Fruehling, City Clerk
r �`y CITY O F IOWA CIT 0720-18
not
NO' COUNCIL ACTION REPO 5
February 27, 2018
Resolution to Set Public Hearing to Amend the Schedule of Fees, Rates,
Charges, Bonds, Fines and Penalties for FY2019
Prepared By: Jacklyn Budding, Budget & Compliance Officer
Reviewed By: Dennis Bockenstedt, Finance Director;
Ashley Monroe, Assistant City Manager
Fiscal Impact: Water rate adjustments for FY2019 amounting to an increase of
approximately $500,000 per year in revenues
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance amending Title 3, Entitled "Finances, Taxation and Fees,"
Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines
and Penalties," and Title 16, entitled "Public Works," Chapter 3,
entitle "City Utilities," Article A, entitled "General Provisions," Section 5
entitled "Establishing City Utility Accounts; Deposits Required"
Executive Summary:
The Finance Department requests the City Council set a public hearing for March 20, 2018 to
consider amending Title 3, Chapter 4 and Title 16, Chapter 3A-5 of the City Code.
Title 3, Chapter 4 amendments include a 5% Water rate increase, the addition of a fee for work
done outside of normal working hours, the elimination of the SurePay discount, the removal of
the charges for a returned check or automatic bank debit. Additionally, the changes include the
codification of the Low Income Discount program.
Title 16, Chapter 3A-5 amendments allow for the delinquency deposit to be waived if the
account holder enrolls in SurePay.
Background / Analysis:
Title 3. Chapter 4 of the City Code is the 'Schedule of Fees Rates, 3• Chapter 4 °f the City Code is the 'Schedule of Fees Rates Charges Bonds Fines
Fines
and Penalties'
Water Rate Adjustments
In May 2008, HDR Engineering completed a comprehensive water rate study for the City. In
that study, they identified the City's challenge to maintain capital funding rates equal to or
greater than depreciation to ensure the replacement of existing infrastructure. They also
recommended that the City implement rate increases of 5% in 2010 and 3% in fiscal year
2011 to fiscal year 2017. Since that study, the City has only implemented 5% increases for
fiscal year 2015 and fiscal year 2016.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
In fiscal year 2017, the Water fund had an ending unassigned un a ance o
The revised projected fund balance for fiscal year 2018 is $7,781,028, a more than 11 %
decrease. The City's five-year capital improvement program projects water funding for capital
projects over the next five years to be between $909,000 and $1,646,000 each year for a total
of $6,562,425. This figure does not include the cost of repairing emergency water main
breaks. Without a rate increase, the fund balance would continue to decline.
The Water fund is an enterprise or a business -type fund that is expected to be self -funding.
The primary solution is to review water rates and charges to ensure that the fund is
generating sufficient revenue to cover both its operating and capital expenses. By
implementing a user rate increase of 5% in fiscal year 2019, the anticipated decline in the
water fund's cash balance is greatly reduced. This solution also provides for a much healthier
and sustainable fund over time versus financing the necessary capital improvements through
revenue bonds or other debt. Over time, the bonded debt payments would actually require
greater rate increases due to their coverage ratios, reserve requirements, interest charges,
and long-term payment schedules.
All fees and charges, within the Water rates, are proposed to be increased 5%, with a few
small exceptions. The fee for the direct purchase of water is proposed to remain at $0.50 per
100 gallons, the deposit for residential tenant accounts is proposed to remain at $120, and
the 'During Normal Working Hours' fees for reconnection of discontinued service and the
posting fee for shutting off water in collection procedure are both proposed to stay at $45
each. With these changes the minimum monthly charge for households with a 5/8 or 5/8 x 3/4
meter size increases from $7.07 to $7.42, and the average residential bill is projected to
increase by approximately $1.50 a month.
A service fee for work done outside of the normal working hours of $84 plus the hourly
overtime rate beyond 2 hours is being added to this water rate ordinance. Previously there
was no fee within the ordinance for this work, and the City was not able to recover the costs
associated with the work done.
Additionally, the discount for enrolling in SurePay is being eliminated. This discount was
originally offered to incentivize people to sign up for SurePay. The cost of this discount
continues to rise, and more people are moving to automatic payments on their own.
Therefore, staff recommends eliminating the SurePay discount for this rate ordinance.
In addition to the proposed changes to the above Water rates and charges, the new
ordinance removes charges for a returned check or automatic bank debit. This charge is not
required to be listed, and the limit is set by the State. It is staffs recommendation that these
charges be removed from the water rate ordinance.
The proposed fee increases are expected to generate enough revenue to be able to support
the increase in funding for the capital improvement program and ensure that the Water fund
remains a self -funding enterprise. The expected increase in revenues is approximately
$500,000 a year.
rr ' CITY OF IOWA CITY
COUNCIL ACTION
REPORT
Codification of the Low Income Discount r gram
A Low Income Discount program was also added in the Water, Wastewater, Solid Waste, and
Stormwater rates. The discount is at 60% of the minimum monthly charge for Water,
Wastewater and Stormwater, and at 75% of the monthly charge for Solid Waste.
Wording was also added to the Water, Wastewater, and Solid Waste rates stating that the 5
percent delinquency charge can be waived once every 12 months, the delinquency deposit fee
can be waived if the account holder enrolls in SurePay, and the $45 posting fee for shut off of
water in the collection procedure can be waived once in the lifetime of the account.
Title 16. Chapter 3A-5 of the City Code is 'Establishing City Utility Accounts: Deposits
Required'.
Delinquency Deposit Adjustments
Title 16, Chapter 3A-5 was also updated to include wording that the delinquency deposit can
be waived if the account holder enrolls in SurePay.
Prepared by: Jacklyn Budding, Budget & Compliance Officer, 410 E. Washington St.
i
IA 52240 (319) 356-5063
Ordinance No.
FEB 2 8 201e
Ordinance amending Title 3, entitled "Finances, Taxationity Clerk
Fees," Chapter 4, entitled "Schedule of Fees, Rates, Chargesa City, Iowa
Bonds, Fines and Penalties"; and Title 16, entitled "Public
Wor s," Chapter 3, entitled "City Utilities," Article A, entitled
"Gene I Provisions," Section 5 entitled "Establishing City
Utility Ac ounts; Deposits Required."
Whereas, pursua t t Chapter 384, Code of Iowa (2013), the City of low City is authorized to
establish and provi a the collection of rates to pay for the City's utility ystems, including the
City's water supply a tr tment system; and
Whereas, the City's financial licies dictate that the Water fund shall b self-supporting; and
Whereas, the City's current wate ate structure does not provide re enue to sufficiently fund the
necessary water main replacement\innds
fund capital progra ,and
Whereas, the Iowa City City Councprovide a water r to and fee structure thatmakes
the City's water utility self-sustaininWhereas, to that end, the Iowa Citil proposes increase water user charges by 5%
on July 1, 2018 to recover the City'viding thos services, and
Whereas, City staff seeks to codify the fees charged for
outside of normal working hours, and
Whereas, the cost of the SurePay discount continu o
be incentivized to sign up for SurePay, and
Whereas, the limit is set by the State for char s for re,
the fees for returned checks/automatic bank bits need
Whereas, the City has been providing a L Income Di.
and
Whereas, the policies for the Low
Whereas, similar to the Low Incc
account holder enrolls in SurePa
Now, therefore, be it ordained y
Section I. Amendments.
callouts for any water work done
rise, and people are no longer needing to
Discount program
Discount program, the
checks/automatic bank debits, and
codified, and
the City Council of the City of Iowa
for several years already,
be codified, and
deposit is waived if the
1. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees,
Rates, Charges, Bonds, Fines and Penalties," Section 3, entitled "Potable Water Use
and Service," of the City Code is hereby amended by deleting it in its entirety and
replacing it as follows:
Ordinance No.
Page i 2
3-4-3: POTABLE WATER USE AND SERVICE:
Description Of Fee,
Charge,
Bond, Fine Or Penalty
FEB 2 8 2018
Amount Of Fee, Charge, Iowa City,
Bond, Fine Or Penalty
Water service charges
(see section 16 A-4 of FMeter Size
this code): (Inches)
For first 100 cubic feet s/s, % X3 /4
or less of water used, 3/4
based on meter size 1
11/2
2
3
4
6
Other charges and
discounts:
Low Income Discount
Temporary water use
(see subsection 16 -3A -4B
of this code):
During construction for
the first 90 days from
the date of the
connection to the wa
main for a new wat
service or a maxi m
of 90 days for
reconstruction:
Charge
July 1, 2018
$ 7.42
8.11
9.56
19.06
25.63
47.37
82.62
166.25
single purpose water meter for the
Charge Per 100 Cubic Feet
July 1, 2018
$3.47
2.49
3.47
Charge
July 1, 2018
60%o inimum monthly water
charge
Charge er Month
July 1,N2018
There will be no minimum monthly charge for
months of November to
March if noNh
User charges for water in
M
excess of 100 cubic feet
U
per month:
(Cub
Dual purpose meters
101- 3 00
Over 000
Single purpose
meters
Ov r 100
Other charges and
discounts:
Low Income Discount
Temporary water use
(see subsection 16 -3A -4B
of this code):
During construction for
the first 90 days from
the date of the
connection to the wa
main for a new wat
service or a maxi m
of 90 days for
reconstruction:
Charge
July 1, 2018
$ 7.42
8.11
9.56
19.06
25.63
47.37
82.62
166.25
single purpose water meter for the
Charge Per 100 Cubic Feet
July 1, 2018
$3.47
2.49
3.47
Charge
July 1, 2018
60%o inimum monthly water
charge
Charge er Month
July 1,N2018
Ordinance No.
Page 13
li I A
Single- and two- $ 17.37
family residences
FEB
T Multi -family 17.37
residences City C
-Inwa Ci.
Commercial 28.94
struc s
After 90 days any
structure, until th 115.76
water meter is
installed
Charge
July 1, 2018
Direct purchase of water
$0.50
fee, per 100 gallons or
fraction thereof (see
subsection 16 -3A -4C of
this code)
I
Deposit and delinquency
'-
fee for combined city
water and/or sanitary
sewer and/or solid waste
collection accounts (see
section 16-3A-5 of this
code):
0.
Residential owner
account
r Residential tenant
120.0
;account
Commercial account
An amount equal to an average 2 mo billing for
commercial service for city water and/o anitary sewer
service, or $120.00, whichever is greater
r-
ncy charge on current billed portion of the outstan 'ng amount on
5 percent delin/fbilling
combined wated/or sanitary sewer and/or solid waste account the 's not paid
within 22 days date. Can be waived once every 12 months
r
Delinquency de sit fee
An amount equal to an average 2 month billing r,the
for combined ter
delinquent account. Can be waived if the ac coun older
and/or sanita sewer
enrolls in SurePay.
and/or solid aste
collection ccounts (see
Y018
irk
Iowa
Ordinance No.
Page 14
section 16-3A-5 of this
code)
r
To connect water main
extensions, per acre
r —,
Reconnection of
discontinued service
r
Posting fee for shutting
off water in collection
procedure
Frozen water meters
Shut off water service at
curb and check for
exterior leaks
Broken or damaged
hydrant
Location of city owned
water main for other
utilities
Location of city owned
water main for private
enterprise /
FEB 2 818
Charge City CI k
July 1, 2018 lowauty, wa
$456.75
Service Fees
During Normal /After Normal
Working
Hours F/ Working Hours'
.00; Can be waivedNot done after normal working
k3 in the lifetime of t4611 hours
$36.75, lus cost oC $84.00, plus cost of meter
meter //
No ch $84.00, plus hourly overtime rate
beyond 2 hours
4e air cost $84.00, plus repair cost
I
No charge No charge
No charge 1$84„00, plus hourly overtime rate
bevdnd 2 hours
Check water meter f $80.85
accuracy at cons u er-s
request
Annual fire by nt fee for 95.55
inspection a operation
of fire hydr is which are
privately owned or owned
by other government
agencies
Not don after normal working
hours
Not done aft normal working
hours
Ordinance No.
Page 15
FILE®
After hours callout fee for Not applicable $84, plus hourly overtime rfiW 2 8
any water work done beyond 2 hours Cit CI
outside of normal working y
hours Iowa City,
Note:
1. The water division's normal working hours are 7:00 A.M. to 3:30 P.M., Monday through
Friday.
2. Title 3, en led "Finances, Taxation and Fees," Chapter 4, entitl d "Schedule of Fees,
Rates, Char s, Bonds, Fines and Penalties," Section 4, entitl d "Wastewater Treatment
Works User C rges," of the City Code is hereby amended b deleting it in its entirety
and replacing it a follows:
3-4-4: WASTEWATER
WORKS USER CHARGCS:r L -j
Sanitary Sewer Service C rges; Amount Fee, Charge, City Code
Description Of Fee, Charge, ond, Bone Or Penalty Chapter, Article
Fine Or Penalty I Or Section
Reference
Minimum monthly charge (includes the
first 100 cubic feet of water used)
Monthly charge for each additional
cubic feet of water used i
Low Income Discount
Monthly surcharge:
BOD (per p7d)
0 or less MPL'
BOD (per pm 301 MPL to
2,000 MPL'
.15 �6-3A-4
3 .99\ 1 16-3A-4
60% of mohly minimum 16-3A-4
charge
I
Included in chargef 100 16-3A-4
cubic feet of water us
$ 0.284
16-3A-4
Ordinance No.
Page 1 6
— BOD (per pound) greater than 2,000 F425
MPL'
r—
Suspended solids (SS) (per pound) 0 .227
Monthly minimum, unmetered user 33.36
Manufared housing park, monthly
minimum per lot
F --
Holding tank wa - plus landfill fees
Holding tank waste har - annual
permit
Deposit and delinquency fee fo
combined city water and/or sani
sewer and/or solid waste collection
accounts:
Residential owner account, per
combined residential service for ci
water and/or sanitary sewer and/ r
solid waste collection service
Residential tenant accoun , per
combined residential se 'ce for city
water and/or sanitary war and/or
solid waste collectio service
r
5 percent delinq ency charge on
current billed p rtion of the
outstanding ount on combined
water and/o sanitary sewer and/or
solid wast account that is not paid
within 2 ays of billing date
33.36
16 -3A -4D
FEB 2 010
rk
16-3A-4 Iowa Cit Iowa
16-3A-4
16-3A-4
0 .032 per gall n [L6 -3A-4
907 .00 par --4
e ye16 3A
M
5.0 percent can
portion. Can be
once every 12 r
16-3A-5, 16-3A-
7
Ordinance No.
Page 17
ueimquency oeposit Tee Tor comDmea
city water and/or sanitary sewer and/or
solid waste collection accounts
An amount equal to an
average 2 month billing for
the delinquent account.
Can be waived if the
account holder enrolls in
SurePay.
16-3A-5
FEB 2 g
City CI
Iowa City,
Note:
1. Millig s per liter (MPL).
3. Title 3, en ' led "Finances, Taxation and Fees," Chapter 4, titled "Schedule of Fees,
Rates, Char s, Bonds, Fines and Penalties," Section 5, titled "Solid Waste Disposal,"
of the City Cod 's hereby amended by deleting it in its a tirety and replacing it as
follows:
3-4.5: SOLID WASTE DISPO L3:4t (3
Description Of Fee, Charge, Bond, FiCharge
Penalty
Yard waste collection fees': \ ne Or
Per dwelling unit, per month
$ 2.00
r—
Low Income Discount
75% of monthly charge
Untreated wood waste
Free
Collection of large items f s:
Appliance collectio , per item collected
20.00
Bulky solid was
$12.50 per op and 1 item; $6.00
per additiona 'terns
Tire collect' n
$3.75 per tire, $7. 0 tire and rim
Resident' solid waste collection fees:
I
Ordinance No.
Page 1 8
Curbside household refuse:
[Per dwelling unit, per month
[[Low Income Discount
Per sticker for each additional bag beyond
eac nit's monthly allotment
Additional r se
r
Per 2 rooming ur
the dwelling unit
Electronic waste
FCurbside recycling:
$12.00
75% of monthly charge
2 .50 each
carts over 1, per month F1 2)6oeach
per month (in addition to Y15.90
Per dwelling unit, —per month
�F--I rLow Income Discount /
Iowa City community compofit
F-
Wood chip mulch
Deposit and delinque y fee combined for city water
and/or sanitary sew and/or solid waste collection
accounts:
Ns or monitors less than 18
inches $18.50 per item; Ns or
monitors 18 inches or greater
$23.50 per item
$5.10
of monthly charge
$200 per ton, $2.00 minimum
$10.00 er ton, $2.00 minimum
FResidential o ner account, per combined $ 0.00
sidential rvice for city water and/or sanitary
sewer a /or solid waste collection service
x
Ordinance No.
Page 1 9
Residential tenant account, per combined
residential service for city water and/or sanitary
sewer and/or solid waste collection service
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
datee.
Delinquency 6
sanitary sewer
for combined water and/or
r solid waste collection service
120.00
FEB 2 8
C ity
Iowa C
5 percent current billed portion.
Can be waived once every 12
months.
An amount equal to an average 2
month billing for the delinquent
account. Can be waived if the
account holder enrolls in
SurePay.
Special wastes disposal fees.
Disposal of special wastes (ex pt for sbestos times the landfill use fees in this
containing material and contami t soils) section
Minimum fee 2 times the landfill use fee for 1
ton
Asbestos containing mate7(ACMV):F
Nonfriable ACM, fro Iowa City premises $100 .00/ton
subject to a prope tax and city owned
property
Nonfriable
Friable C
to a pr pe
i
from other locations
from Iowa City premises subject 100
tax and city owned property
ACM, from other locations
.00/ton
yard
105 .00/cubic yard
Minimum fee for any regulated ACM 1100.00
C
Ordinance No.
Page 1 10
Contaminated soil:
Minimum fee for contaminated soil
Disposal of large items fees (see also Collection of
large items fees above):
Applianc isposal fees:
Commercia er item disposed
I
Residential per it disposed
Tire disposal fee: -F[ \
Per pound
Subject to minimum fee
Untreated wood waste and yard
Minimum /
Landfill use fees:
Arriving at the landfillv�yifh an unsecured or
d: /
uncovered loa
15 .00/ton
150.00
140/cubic foot
FIL
FEB 2 8 �g
ity CI k
Iowa City, wa
$12.50 (at landfill scale house)
$ 0.15
3.00
24.00/ton
2.00
First instan n trailing 12 months Wa 'ng
I �
Second o subsequent instances in trailing 12 $50 .00
months
Electronic waste $3.00 per item; TVs or monitors
less than 18 inches $12.00 per
Ordinance No.
Page 1 11
F—
Solid waste from Iowa City premises subject to a
property tax and city owned property:
Total landfill fee per ton (includes state fee per
ton)
All other solid ste:
Total landfill fee r ton (includes state fee per I
ton)
"I
item; Ns or monitors 18 incl
or greater $17.00 per iterrY g2 8
$42.50
.50
FMinimum fee in lieu of tonn a fees (300 pound
Solid waste from Iowa City pre 'ses subje to 6.50
a property tax and city owned pro erty
r All other solid waste 7.00
Iowa City,
4. Title 3, entitled "Finances, Tax ion and Fees," C pter 4, entitled "Schedule of Fees,
Rates, Charges, Bonds, Fine)f and Penalties," Secfign 6, entitled "Stormwater Utility
Fee," of the City Code is heby amended by deletin it in its entirety and replacing it as
follows:
3-4-6: STORMWATER UTILITI FEE:ti 0
Description Of Fee( Bond, Charge, Fine Or Penalty
Stormwater utility f Users include all users owning or
occupying develo d property in the city of Iowa City
Low Income Discount
t Of Fee, Charge,
Fine Or Penalty
1 eq valent residential unit
(ERU))f $4.50
60 % of the monthly charge
Ordinance No.
Page 112
5. Title 6, entitled "Public Works," Chapter 3, entitled "City Utilities," Article A, e�iD
"General Provisions," Section 5, entitled, "Establishing City Utility Accounts; epaa
Required," of the City Code is hereby amended by deleting it in its entirety and PRIIcing018
it as follows: tf Z
16-3A-5: ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED: Ob City Clerk
� City, Iowa
A. Upon establishing a water service account, a wastewater account and/or a residential solid
waste collection account with the city, the person establishing an account, with the
exception of a residential owner account, shall be required to make a combined account
deposit for city services. The amount of this deposit shall be as provided in the schedule of
fees, title 3, chapter 4 of this code. Persons who have previously been required to post a
delinquent deposit shall be required to make a combined and/or delinquent deposit before
city services are provided. (Ord. 07-4256, 3-20-2007)
B. Required deposits § II be held until service is terminated and the account closed. At such
time, the amount of th deposit shall be credited to the accou or refunded to the account
holder if the account is c sed and paid in full. (Ord. 12-4505 12-42012)
C. Upon reestablishing one or\depit
ts as set forth in s section A of this section, the
person establishing the acbe required to ke an account deposit for city
services. The amount of thall be as establi ed in the schedule of fees, title3,chapter 4 of this code. Perve previously en required to post a delinquent
deposit shall be required tbined and/ delinquent deposit before city services
are provided. (Ord. 07-425)
D. A delinquency deposit may be charged ups
or solid waste service account. Upon the
the last three hundred sixty five (365) day
make a combined deposit equal to /bi
account. The average two (2) montprior twelve (12) month billing perioon file with the city. that deDDSit am
3ted delinquency of any water, wastewater
ice of a second delinquency charge within
the account holder shall be required to
to (2) month billing for the account holder's
>e based upon the actual billings during the
Lint holder already has a combined deposit
0ionally reduce the delinquency deposit.
E. Delinquency deposits shall be Id either three hundred ix1
was paid or three hundred si five (365) days after the
account charge, whichever ccurs last. At such time, the
utility account. If service i terminated within three hundred
delinquent account cha9de, the deposit shall be credited to
account is paid in full.
five (365) days after the deposit
occurrence of a delinquent
rosit shall be credited to the
xty five (365) days of the
i account or refunded if the
F. Prior to establishing # industrial water service account, the perso establishing the account
shall first execute written agreement with the department of publk works. Such accounts
shall be governed by chapter 3, article F, "Wastewater Treatment Works User Charges", of
this title. (1994 Code)
Ordinance No.
Page 113
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the8tri�s�F
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be aadjud
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinrq? e� j K
whole or any section, provision or part thereof not adjudged invalid or unconstitutional -Iowa City, Iowa
This Ordinance shall be' in effect July 1, 2018.
Passed and approved this \ day of / , 2018.
IML\YOI:7
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
FIRST CONSIDERATION OF AN AMENDMENT TO THE
CITY'S WATER RATE ORDINANCE.
• THE PRIMARY CHANGES UNDER CONSIDERATION INCLUDE:
• 5% ACROSS-THE-BOARD WATER RATE INCREASE
• INCLUDED IN THE FISCAL YEAR 2019 ADOPTED BUDGET
• EFFECTIVE JULY 1.
• ELIMINATION OF THE $1 SUREPAY DISCOUNT THAT CUSTOMERS RECEIVE FOR PARTICIPATING IN THE
SUREPAY PROGRAM.
• SEVERAL MAINTENANCE AND CLEANUP CHANGES
• MOST NOTABLE IS CODIFICATION OF THE LOW INCOME DISCOUNT PROGRAM.
• WATER FUND IS A UTILITY THAT IS FULLY FUNDED FROM WATER FEES
• ALLOWS FOR ADEQUATE CIP AND WATER MAIN REPLACEMENT PROGRAMS
I
Publish 3/5
Notice of public hearing to consider approval of a
proposed Foster Road Urban Renewal Plan for a
proposed urban renewal area in the City of Iowa City,
Iowa
The City Council of the City of Iowa City, Iowa will hold a public hearing at its
meeting on March 20, 2018 which commences 7:00 p.m. in the Emma J. Harvat Hall,
410 E. Washington Street, City Hall, Iowa City, Iowa to consider adoption of a proposed
Foster Road Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal
Area in Iowa City, Iowa located generally between Dubuque Street and Prairie Du Chien,
south of 1-80 and north of Bjaysville Road in Iowa City, Iowa.
A copy of the Plan is on file for public inspection in the office of the City Clerk,
City Hall, 410 E. Washington Street, Iowa City, Iowa. The City of Iowa City, Iowa is
the local agency which, if such Plan is approved, shall undertake the urban renewal
activities described in such Plan.
The general scope of the urban renewal activities under consideration in the Plan
is to execute development agreements for the construction of Foster Road connecting
Dubuque Street to Prairie du Chien Road as part of a project to construct a senior living
and townhome residential development, and to set aside assistance for low to moderate
income households. To accomplish the objectives of the Plan, and to encourage the
further development of the Urban Renewal Area, the plan provides that such special
financing activities may include, but not be limited to, the making of loans or grants of
public funds to private entities under Chapters 403 and 15A of the Code of Iowa. The
Plan provides that the City may issue bonds or use available funds for such purposes
and that tax increment reimbursement of such costs will be sought if and to the extent
incurred by the City.
Any person or organization desired to be heard shall be afforded an opportunity
to be heard at such hearing. This notice is given by order of the City Council of Iowa
City, Iowa, as provided by Section 403.5 of the State Code of Iowa.
Dated this 5th day of March 2018.
s/Kellie Fruehling
City Clerk, Iowa City, Iowa
r 1 CITY O F IOWA CI 03.20-18
COUNCIL ACTION REPO 6
March 20, 2018
Resolution determining an area of the city to be an economic
development area, and that the rehabilitation, conservation,
redevelopment, development, or a combination thereof, of such
area is necessary in the interest of the public health, safety or
welfare of the residents of the city; designating such area as
appropriate for an urban renewal project; and adopting the
Foster Road Urban Renewal Plan therefor.
Prepared By: Wendy Ford, Economic Development Coordinator
Reviewed By: Simon Andrew, Assistant to the City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: Planning & Zoning Commission and Economic
Development Committee
Attachments: Foster Road Urban Renewal Plan
Executive Summary:
Council passed a Resolution of Necessity on Feb. 6, 2018, initiating the process to establish an
Urban Renewal Area. Subsequent requirements included a review and recommendation by the
Planning and Zoning Commission and a consultation with other taxing jurisdictions in the
county. The final step is to hold the Public Hearing set for March 20, 2018.
Background / Analysis:
Establishing an urban renewal area enables the City to consider financial participation in a
development project. A development agreement detailing specifics of that participation can only
be contemplated after an Urban Renewal Plan is in place.
The Foster Road Urban Renewal Plan will be an Economic Development Area appropriate for
public improvements related to Non-LMI (low to moderate income) housing. This type of urban
renewal area is for an area where the City desires to help fund the cost of public improvements
that support residential development that is not being constructed for LMI housing. It is the only
instance in which the Iowa Code allows the use of TIF (tax increment financing) in an economic
development (non -blighted) area for non-LMI residential development and it comes with two
distinct conditions not applicable to other Urban Renewal Areas:
1) It requires that the municipality set aside a portion of the tax increment to provide assistance
for LMI Housing in any area of the community. LMI is defined as those households earning
no more than 80% of area median income (AMI) and the set aside must be equal to or greater
r CITY OF IOWA CITY
COUNCIL ACTION REPORT
than the percentage of LMI persons in the county, which today in Johnson County is 45%.
This results in the City's ability to use the other 55% of the increment for the public
infrastructure project. In Iowa City's case, 45% of the increment would be used to fund
initiatives in the Affordable Housing Action Plan that provide housing for households earning
no more than 80% AMI. Unlike the tax increment in other types of urban renewal areas, the
45% for affordable housing generated from this one may be used anywhere in the City. It is
important to note that the City does not currently have a sustainable affordable housing
revenue source and this project, because of the type of urban renewal plan, would create one
lasting ten years. Early estimates indicate that this project will generate more than $2 million
for affordable housing over the 10 -year life of the urban renewal area.
2) It has a 10 -year life and then ends. This means that TIF funds for the City's commitment to
the road project would have to be generated in ten or fewer years from no more than 55% of
the increment in the district. If the increment created by the developers is ultimately insufficient
to cover the City's portion of the road costs in the 10 -year window, that risk remains with the
developer.
University Lake Partners II, LLC seeks to develop land they own along the City -owned right of
way for the extension of Foster Road between Dubuque Street and Prairie du Chien Road and
provide access to the development by constructing this portion of Foster Road. They seek
financial assistance for the project which could be accomplished by using the tax increment on
the ensuing development for rebates to cover a portion of the cost of the road. Details of
development and the City's financial participation are forthcoming.
It is contemplated that for the section of road bisecting the developer's land, the City will rebate
50% of the costs to the developer. For the western section of the road, from the developer's
property line in the lower left corner of the attached diagram, westward to Dubuque Street, the
City will reimburse 100% of the costs, also covered by the tax increment.
The entire road will be built and paid for by the Developer and the City will provide TIF rebates
until the agreed upon amount is reached or until the urban renewal area expires in ten years,
whichever comes first. Early estimates put the part of the roadway eligible for tax increment
rebates at just under $4 million. The Foster Road extension will provide a valuable connection in
the City's road network. The project has been contemplated in our capital program, but currently
does not have a funding source.
Recommendation
The Planning and Zoning Commission reviewed and confirmed that the plan conforms with the
North District Comprehensive Plan at their meeting on February 15, 2018 (see memo from the
Chairperson, attached). A consultation was held on March 2, 2018 to which taxing entities could
send a representative to review, discuss and have an opportunity to provide input, however, no
representatives attended the consultation. Public notice was posted in the Iowa City Press Citizen
for the Public Hearing within the required timeframe.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
Having followed the legislative steps to establish the Foster Road Urban Renewal Area, staff
recommends adopting the Foster Road Urban Renewal Plan.
Proposed projects along Foster Road
r
��� .p4, CITY OF IOWA CITY
<Nt MEMORANDUM
Date: February 26, 2018
To: City Council
From: Ann Freerks, Chair, Planning and Zoning Commission
Re: Planning and Zoning Commission Review of the Foster Road Urban Renewal
Plan
At its regular meeting February 15, 2018, the Planning and Zoning Commission
reviewed the Foster Road Urban Renewal Plan for Its conformity with the Iowa City
Comprehensive Plan.
By a vote of 5-0 (Parsons and Theobald absent) the Planning and Zoning Commission
found that the Foster Road Urban Renewal Plan conforms to the Iowa City
Comprehensive Plan.
6;1 C44��-
tr ,
CITY OF IOWA CITY
CITY OF IOWA CITY
MEMORANDUM
UNESCO CITY OF LITERATURE
Date: February 15, 2013
To: Planning and Zoning Commission
From: Wendy Ford, Economic Development Coordinator
Re: Proposed Foster Road Urban Renewal Area
Presented for the Planning and Zoning Commission's review is the proposed Foster Road
Urban Renewal Plan. The urban renewal plan is proposed for the purpose of and the
prerequisite to establishing a tax increment financing district. State Code requires that prior to
the City council holding a public hearing on a new urban renewal area, the Planning and Zoning
Commission must review and submit a written recommendation about the urban renewal plan to
the City Council regarding its conformity with the Iowa City Comprehensive Plan.
Conformity with the Comprehensive Plan
As noted in the staff report submitted with the rezoning application considered in January, the
proposed development appears to generally comply with the Comprehensive Plan policies. With
the approval of the OPD zoning, the applicant will build Foster Road, which will improve traffic
circulation in the northern part of the city. As forecast in the North District Plan, the applicant is
seeking City assistance through Tax Increment Financing to assist in construction of Foster
Road, including a complete connection from Prairie Du Chien Road to Dubuque Street. The
proposed development clusters buildings and preserves open space and sensitive areas as
envisioned in the North District Plan. The density is relatively low and therefore addresses the
Comprehensive Plan concern that existing High Density Single RS -12 zoning in this area may
encourage development that is too intense.
Urban Renewal designation allows for tax increment financing (TIF)
TIF is a mechanism that may be used to finance projects within a designated urban renewal
area. The difference between taxes derived from the unimproved property and those derived
after is the increment of taxes which may be pledged by a City to retire loans, advances, bonds,
or other indebtedness incurred by a developer or the city in furtherance of the development.
Chapter 403 of the Code of Iowa sets forth the provision of tax increment financing. To establish
a TIF district, 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. The Foster Road Urban Renewal
Plan will be an Economic Development Area appropriate for public Improvements related to
Non-LMI (low to moderate income) housing. This type of urban renewal area is for an area
where the City desires to help fund the cost of public improvements that support residential
development which is not being constructed for LMI housing. It is the only instance in which the
Iowa Code allows the use of TIF in an economic development (non -blighted) area for non-LMI
residential development and it comes with two distinct conditions not applicable to other Urban
Renewal Areas:
February 8, 2018
Page 2
1) It requires that the municipality set aside a portion of the tax increment to provide assistance
for LMI Housing in any area of the community. LMI is defined as those households earning
no more than 80% of area median income (AMI) and the set aside must be equal to or
greater than the percentage of LMI persons in the county, which today in Johnson County is
45%. This results in the City's ability to use the other 55% of the increment for the public
infrastructure project. In Iowa City's case, the 45% would be used to fund initiatives in the
Affordable Housing Action plan that provide housing for households earning no more than
80% AMI. It is important to note that the City does not currently have a sustainable
affordable housing revenue source and this project, because of the type of urban renewal
plan, would create one lasting ten years.
1) It has a 10 -year life and then ends. This means that TIF funds for the City's commitment to
the road project would have to be generated in ten or fewer years from no more than 55% of
the increment in the district. If the increment created by the developers is ultimately
insufficient to cover the City's portion of the road costs in the 10 -year window, that risk
remains with the developer.
Goals of the Foster Road Urban Renewal Area
The overall goal of this Plan is to encourage the development of the area with senior and
multifamily housing units by partnering in the construction of public improvements related to
such housing and residential development. Further goals include:
1. Meeting the needs of special elements of the population, such as the elderly or persons
with disabilities;
2. To encourage and support development that will expand the taxable values of property
within the Urban Renewal Area;
3. To provide for the orderly physical and economic growth of the city;
4. To provide other support as allowed under Iowa Code Chapters 15, 15A and 403;
5. To provide a suitable living environment through safer, more livable and accessible
neighborhoods, and increased housing opportunities; and
6. To help finance the cost of constructing public utility and infrastructure extensions and
improvements in support of residential development.
7. To improve the health, safety, living environment, general character, and general welfare
of Iowa City, Iowa.
8. To stimulate, through public action and commitment, private investment in new
residential development.
9. To increase the availability of housing opportunities; which may in turn attract and retain
local industries and commercial enterprises that will strengthen and revitalize the
economy of the State of Iowa and the City of Iowa City.
February 8, 2018
Page 3
10. To promote development utilizing any other objectives allowed by Chapter 403 of the
Code of Iowa.
The following objectives derived from these goals are hereby established:
1. Use any or all other powers granted to the City by the Urban Renewal Act to develop
and provide for improved economic conditions in the City and the State of Iowa;
2. To connect neighborhoods, reducing transportation time, allowing greater access for
pedestrians, bikers and public transportation; and
3. Open opportunities for development of single and multi -family residential units for those
with special needs, as well as other uses that may be consistent with the
Comprehensive Plan and zoning code.
Next Steps
In addition to the Planning and Zoning Commission's review and recommendation, the City
must also hold a consultation with representatives from the county and school district to provide
the taxing entities an opportunity to comment on the use of the incremental tax revenues. This
consultation will be held March 2 at City Hall.
After the consultation with the affected taxing entities the City Council will consider adoption of
the urban renewal plan at a Public Hearing scheduled for March 20.
Subsequently, a TIF ordinance will be adopted. A TIF ordinance enables the division of
incremental tax revenues from the base tax revenues in the event the City Council approves a
development agreement for the Foster Road project. A development agreement would outline
specific performance requirements by the developer.
Recommendation
Staff recommends that the Planning and Zoning Commission forward a written recommendation
to the City Council stating that the Foster Road Urban Renewal Plan conforms to the Iowa City
Comprehensive Plan, and conforms with the general plan for the development of the City of
Iowa City.
Attachments: Foster Road Urban Renewal Plan
i V
1 �� lit, y
Foster Road Urban Renewal Area
�- n Urban Renewal Area
N1>L ParcelLILIES
CIN OF IOWA CIN S 0 150 300 600
OFEeI
I�
Point of Beginning I
r
�- n Urban Renewal Area
N1>L ParcelLILIES
CIN OF IOWA CIN S 0 150 300 600
OFEeI