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HomeMy WebLinkAbout2018-03-20 Ordinanceqo� Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00001) Ordinance No. Ordinance approving an OPD -5 and OPD -8 Sensitive Areas Development Plan for Outlot H, Lindeman Subdivision, Part 2A, located South of Lower West Branch Road and North of Anna Street. (REZ18-0006) Whereas, the applicant, Allen Homes Inc., has requested a rezoning of property located south of Lower West Branch Road SE and north of Anna Street to approve a preliminary and Sensitive Areas Development Plan (OPD Plan); and Whereas, a preliminary plat and Sensitive Areas Plan for the Lindemann Subdivisions was approved in 2002; and Whereas, this property is currently zoned OPD -5 and OPD -8, though no specific OPD Sensitive Areas Development Plan has been approved for this portion of the Lindemann Subdivision; and Whereas, the Comprehensive Plan indicates that this area is appropriate for single-family residential uses along with townhouses near Lower West Branch Road; and Whereas, the OPD Plan, which includes single-family and townhouse uses and provides for the protection of wetlands located within Outlot A, is consistent with the comprehensive plan for this area; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval of the OPD Plan, attached hereto and by reference made part of this document. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Property described below is hereby zoned as indicated, subject to compliance with the attached Sensitive Areas Development Plan (OPD Plan), hereby approved: OPD -8 PARCEL: A PORTION OF OUTLOT "H" OF LINDEMANN SUBDIVISION - PART TWO A IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Northeast Corner of Outlot "H" of Lindemann Subdivision - Part Two A, in accordance with the Plat thereof Recorded in Plat Book 47 at Page 76 of the Records of the Johnson County Recorder's Office; Thence S00°51'33"E, along the East Line of said Outlot "H", 611.08 feet, to the Southeast Corner thereof; Thence N88°27'42"W, along the South Line of said Outlot "H", 1415.69 feet; Thence N01°32'18"E, 106.68 feet; Thence N39°35'35"W, 60.91 feet; Thence N88°27'42"W, 92.47 feet; Thence Northeasterly 11.78 feet along a 20.00 foot radius curve, concave Southeasterly, whose 11.61 foot chord bears N40°26'10"E; Thence Northwesterly 135.72 feet along a 60.00 foot radius curve, concave Southwesterly, whose 108.58 foot chord bears N07°29'36"W; Thence N17°42'12"E, 49.46 feet; Thence N29001'05"W, 88.77 feet; Thence N88027'58"W, 69.00 feet, to a Point on the West Line of said Outlot "H"; Thence N01°45'58"W, along said West Line, 218.00 feet, to the Northwest Corner thereof; Thence S88°27'58"E, along the North Line of said Outlot "H", 436.00 feet; Thence S01032'02"W, along said North Line, 321.40 feet; Thence S88°27'58"E, along said North Line, 496.30 feet; Thence N01°32'02"E, along said North Line, 321.40 feet; Thence S88°27'58"E, Ordinance No. Page 2 along said North Line, 713.05 feet, to the Point of Beginning. Said Rezoning Parcel #1 contains 17.97 acres, and is subject to easements and restrictions of record. OPD -5 PARCEL: A PORTION OF OUTLOT "H" OF LINDEMANN SUBDIVISION - PART TWO A IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Southwest Corner of Outlot "H" of Lindemann Subdivision - Part Two A, in accordance with the Plat thereof Recorded in Plat Book 47 at Page 76 of the Records of the Johnson County Recorder's Office; Thence N01°37'31"W, along the West Line of said Outlot "H", 67.38 feet; Thence N01 °35'37"W, along said West Line, 325.98 feet; Thence S88°27'58"E, along said West Line and the Easterly Projection thereof 169.65 feet; Thence S29°01'05"E, 88.77 feet; Thence S17°42'12"W, 49.46 feet; Thence Southeasterly 135.72 feet along a 60.00 foot radius curve, concave Southwesterly, whose 108.58 foot chord bears S07°29'36"E; Thence Southwesterly 11.78 feet along a 20.00 foot radius curve, concave Southeasterly, whose 11.61 foot chord bears S40°26'10"W; Thence S88°27'42"E, 92.47 feet; Thence S39035'35"W, 60.91 feet; Thence S01032'18"W, 106.68 feet, to a Point on the South Line of said Outlot "H"; Thence N88027'42"W, along said South Line, 321.78 feet, to the Point of Beginning. Said Rezoning Parcel #2 contains 2.27 acres, and is subject to easements and restrictions of record. Section II. Zoning Mao. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. 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 VI. 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 Approved by: /�nor Jei2t'h, City Clerk City Attorney's Office 3�/5- dig 'F2 W11i 282 I .1 m 222 1 / / \ ase 236 /206 PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT PLAN LINDEMANN SUBDIVISION PART EIGHT .,.,.m.m,.,.., IOWA CITY, IOWA '1gQi I Cu, . ec��oY��Ribl✓•.isA I � AR We,I t.\ lit .AIIIIIIIIIIIII IIS ml� Ill INS 215 LINDEMANN SUBDIVISION PMT EIGHT R• OfgW�. UMEe N aueomsgn PNtT E1011f Mar irwwnum.xc. LANDSCAPE AND SENSITIVE AREAS DEVELOPMENT PLAN LINDEMANN SUBDIVISION PART EIGHT AM IOWA CITY, IOWA _- UMEe N aueomsgn PNtT E1011f Mar irwwnum.xc. Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 03/20 Vote for passage: AYES : Mims, Salih, Taylor Second Consideration _ Vote for passage: Date published Botchway Cole Mims Salih Taylor Thomas Throgmorton /2018 Thomas, Throgmorton, Botchway, Cole, NAYS: None. ABSENT: None. that the 146. Prepared by: Bob Minto, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 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. Whereas, Iowa City, like many cities around the country, currently regulates occupancy based upon its definition of "family" and whether the occupants are or are not related by blood, marriage, adoption or placement by a social service agency; and Whereas, in April 2017 the State legislature adopted a law (HF 134) amending Iowa Code Section 414.1 to prohibit municipalities, after January 1, 2018, from adopting or enforcing any regulation or restriction related to occupancy of residential rental property that is based upon the existence of familial or nonfamilial relationships between the occupants of such rental property; and, Whereas, regulation of occupancy based on familial status has been an important tool to promote peaceful habitation in residential areas of Iowa City for more than 50 years, particularly in those neighborhoods impacted by their proximity to the University of Iowa campus and the pressures of the student rental market; and, Whereas, since at least the 1960s, maximum occupancy has been based on the number of unrelated persons and off-street parking; and, Whereas, the loss of this tool significantly threatens the stability of the City's neighborhoods; and, Whereas, an illustration of this threat is that soon after House File 134's enactment the City received approximately 40 applications for building permits on existing single-family and duplex rental properties that would result in an increase in the number of bedrooms; and, Whereas, the passage of HF 134 requires the City to reexamine how best to mitigate increases in occupancy levels on neighborhood stability, housing affordability, public and tenant safety, urban congestion, blight, risk to public peace and order, conflicts between rental and owner -occupied housing, and excessive demands upon public safety, infrastructure and municipal services; and, 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 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 Living Uses include rooming houses, group care facilities, nursing homes, assisted living facilities, fraternities and sororities, and similar uses. Whereas, 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; and 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 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 rooming house. Instead the City will need to rely on other 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 neighborhood; and Whereas, 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, changes to the zoning code are necessary; and Whereas, there have been a number of changes to the occupancy limit for Household Living Uses over the years to address issues of neighborhood stability. 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; and Whereas, to clarify how occupancy is determined, a cross reference to the Housing Code should be added to all the base zone chapters of the zoning code, including the form - based zoning district chapter, which will provide notice that occupancy of rental properties will be constrained by the provisions of the Housing Code; and Whereas, 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 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 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 the principal use of the property as an owner -occupied Single Family Dwelling and are limited to one -bedroom; and Whereas, 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; and Whereas, 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; and Whereas, the number of bedrooms in attached single family and duplex units should be 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 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; and Whereas, to ensure a minimum amount of private, usable open space is provided to support the health, well-being and enjoyment of the residents of residential dwellings and to support passive recreation, leisure activities, informal gathering, and opportunities for interaction with nature, a new minimum open space requirement is proposed for all household living types, including single family, duplexes, multi -family and group living uses. 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, occupancy of a rental unit will be constrained if the lot does not fully meet the open space requirement; and Whereas, 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; and Whereas, 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" to address changes to the regulation of residential occupancy and since nonconforming rights are no longer granted for residential occupancy, this definition is deleted; and Whereas, in addition to the zoning code changes, it is advisable 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, 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 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 amended to delete the following sections: • Section 14 -4E -2E, Nonconforming Residential Occupancy • Section 14-4E-9, Regulation of Nonconforming Residential Occupancy • 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 is limited to one "household" per dwelling unit, as this term is defined in Chapter 9, Article A, "General Definitions", of this Title. The Amend paragraph 14 -2G -3A-26. (Household Living Uses in the South Downtown, Park, South Gilbert, and University Subdistricts), as follows; 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 Chanter 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 Subdistricts 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 -38-2c. (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 14-4B-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 4 constrained by the provisions of Chapter 17-5 Housing Code The maximum number of bedrooms per dwelling unit is three (3)., emEept feFGettage Hernes,;heFe the nwnbeF bedFe ms is uniresticieted.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 GiibertSubdistrict), 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)., exeopt for Gettagc He__-, where the numb bedpe ms is ' nreStF-`--' 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 -29 -3D -2a. (Household Living Uses in the West Riverfront 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). 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 14-5A-4, Amend Table 5A-2, Minimum Parking Requirements for AN Zones, Except the CS 5, CB 10, Riverfront Crossings Zones, and the Eastside Mixed Use District, as follows. Single None required In Section 14-5A-4, Amend Table SA 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: 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 144C--2.1 Accessory Apartments, paragraph 2c, (occupancy), as follows. c• Gn prepeFties that eentain an aceesseFIF dwelling unit-, The total number of individuals that reside en the preps in the accessory apartment unitss3-may not exceed two (2). the number allewed fee _ne "he l-+ ° as thms Amend 14-4C-38-3, (setbacks for) AttachedAacessory Buildings, by adding the following paragraph d. d. For purposes of determining setbacks, garages located in the rear yard and attached to considered detached accessory buildings and therefore are subject to the setback requirements for detached accessory buildings rather than principal building setback requirements. Similarly, subject 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 renuirements are intended to ensure a minimum amount of private usable open space is provided to support the health well-being and eniovment 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 ger bedroom, but not less than 400 square feet, located in one or more clearly defined, compact areas, with each area not less than 225 sauare 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. c. On lots that contain Attached Single Family Uses, a minimum of 150 square feet of usable open space shall be provided, located in the rear yard with no dimension less than 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 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 subparagraph e, 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 yard 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 (3) Any potential negative effects resulting from the exception are mitigated to the extent possible. Amend 14-4B-ZA (minor modification applicability), by adding a new paragraph 24, as follows; Sections 14-2A-4 and 14-2B-4. Amend Table 2A-2: Dimensional Requirements in the Single Family Residential Zones, as follows: Table 2A-2: Dimensional Requirements in the Single Family Residential Zones Maximum Lot Minimum Lot Requirements Minimum Setbacks Building Bulk Coverage Min. Zonel Use Lot Areal Lot Front Side Rear Max, Min. Building Total Front Maximum #of open Space, Size Unit Width Frontage (ft) ft) (R.) Height Width Building Setback bedrooms sLh° (81) (S -f-) A) (ft) (g,) (R) Coverage Coverage perunit" RR -1 Detached SF, including 40,000 40,000 80 50 156 5+22 20 35 203 40% 50% nla 500 Zero Lot Line Other Uses' 40,000 We 80 50 20 5+22 20 35 203 40% 50% /a nla RS -5 Detached SF, including 8,0006 8,000 606 45B 156 5+22 20 35 203 45% 50% n/a 500 Zero Lot Line Duplexes 12,000 6,000 80 80 156 5+22 20 35 203 45% 50% 400/unit Attached 6,000 6,000 40 40 156 0o 20 35 203 45% 50% 4 '150 SF Other Uses' 8,000 n/a 60 45 20 5+22 20 35 203 45% 50% We — nla — RS -8 Detached 20 SF, including 5,0008 5,000 458 408 156 5+22 See 35 203 45% 50% Na 500 Zero Lot Note Line 9 20 Duplex 8,700 4,350 70 70 156 5+22 See 35 203 45% 50% 4 3001unit Note 9 4,350 4,350 35 35 156 005 Dos 20 35 203 45% 50% 4 1150 SFAtt Other Uses 5,000 n/a 45 40 20 5+22 20 35 203 45% 50% Table 2A-2: Dimensional Requirements in the Single Family Residential Zones Maximum Lot Minimum Lot Requirements Minimum Setbacks Building Bulk Coverage Min. Zone/ Use Loth Lot Max. M10 Total Front Maximum Open Size Unit Width Fronts a 9 Front (ft) Side (k) Rear' (fL) Height Building Width Building Setback #of bedrooms Space sI (.po (s.f.) (ft.) (ft) (ft.) (ft) Coverage Coverage per unit" RS- Detached 12 SF, 20 including 5,0008 5,000 458 408 156 5,22 See 35 203 50% 50% hla 500 Zero Lot Note 9 Line 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 1150 ihe� Uses 5,000 n/a 45 40 20 5+22 20 35 203 50% 50% h/a — h/a — RNS- 20 12 Detached SF 5,000 5,000 45 25 156 5+22 See 35 203 40% 50% 1a600 Note 9 20 Duplex 6,000 3,000 45 25 156 5+22 See 35 203 40% 50% 4 SOOlunil Note 9 101bedro hn but MF Uses 5,000 Fx1st1ng4 45 25 156 5+22 20 35 203 40% 50% 3 no less than 400 Other Uses' 5,000 nla 45 25 20 5+22 20 35 203 40% 50% h/a — h/a — Notes: nla = not applicable 'Other uses must comply with the standards listed in this table unless specified otherwise in Article 14-4B. 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 14-48. 3 A building must be in compliance with the specified minimum building width for at least 75 percent of the building's length. 4See the Special Provisions of this Article regarding Multi -Family Uses. 5 See applicable side setbacks for Attached SF as provided in Article 14-0B, 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 144C, Accessory Uses and Buildings. 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 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). OB»�n space must meet standards set forth in 14 -2A -0E. Table 2A-2: Dimensional Requirements in the Single Family Residential Zones. Minimum Lot Requirements Minimum Setbacks Building Bulk Maximum Lot Maximum Zonal Minimum Lot Requirements Minimum Setbacks Building Bulk Coverage Front Min. Zonef Use Lot Areal Lot Front Front Side Reap - Max' Min. Building Total Front ximum :bedrooms 0 en Soace (ft) Size Unit Width Frontage (R) (R) (ft.) Height Width Building Setback #of sL�70(s.L) (ft•) (tt)(ft.) Coverage per unit RM -12 (h) Coverage Coverage unitrr Amend Table 26-2, DimensiOna/ Requirements for Mu/ti-Fami/y Resident/a/Zones, as follows; Table 2B-2: Dimensional Requirements for Multi -Family Residential Zones Minimum Lot Requirements Minimum Setbacks Building Bulk Max Lot Coverage Maximum Zonal Total Areal Width Min. Front Side Rear Ht. Min. Total Front #of Min. Open Space12 Use Area Unit (ft.) Frontage (ft.) (ft) (11 (�) Bldg. Bids! Setback bedroom; 1> 9 (s.f.) (s.f.) (ft)Width Coverage Coverage per unit RM -12 Detached SF and Detached 5,0007 5,0007 59 407 155 5+22 Nate 350 203 50% 50% n/a 500 Zero Lot Line to 90 350 Duplex 6,000 3,000 55 40 155 5+22 Seetet No 203 50% 50% 4_ 300/unit LO Attached SF 3,000 3,000 201286 20 155 0/104 20 350 n/a 50% 50% 4 'I( 50 See 350 Pbedroo Family 8,175 Table 60 40 20 20 203 50% 50%°� }ass tno 2B-3 400 350 h0/bedroo Group Living 8175 See Ad. 4B 60 40 20 � .10 20 203 50% 50% See Art. 4B but no less than 400 Nan- resideniialr 5,000 5,000 60 40 20 0+21 ;t0� 20 358 203 50% 50% n/a RM -20 Detached Po 358 SF and Detached 5,0007 5,0007 557 403 155 5+22 Lee 203 50% 50% n/a 500 Zero Lot Note Line 'do 29 350 Duplex 3,600 1,800 45 35 155 5+22 Rote ee 203 50% 50% q 900/unit 1110 AttSF 1,800 1,800 1,800 2D1286 20 155 0110^ 20 358 n/a 50% 50% 4 150 See358 10/bedroo rn. but no 5,000 Table 60 40 20 �8 20 203 50% 50% 8 Family 2B-3 less then 400 a1' g= cR 'c c m g c m g c o c m Q c m m �o d __II o o I ,w d o o oII d so o R a m to o^0 s o 0 o R a d .co o a d Lo o R -4 __I 1 _� �'am ay._ c am_ am_ c Ew E=� m •y# d _Y Nci iO d LL y LL'J IO IU LL'J 1(J 4U LLJ 1[J l[J 1A 47 LL'J IU 1(J C N U U Jy OI � d 2. F (Q O O O �U LL7 M t0 LL1 O O O O O O U a ' C ch 'p 'O o O O o m O o 0 o O o o O O m m 3 N N N N C N N N N N N N N N Q! 9 V 1[l ifJ iU LL] 4(J IU 1i') I{7 i0 i[] l(] 10 l0 iU y d dN 0 y d ISI R R a Y a N d ra � c — 0 LL R d �I C LL E �od •� y c c 0 c c ay+ C � o m 0 co 0 � o v N O v o v o v 0 0 0 0 0 n• o � ..I "A �•' "^ d mV ry o 0 o d =M -Oa; i o d c m <p d=� d V R d d M dmV m mN m d d N Q C c 0 N i0 c R iq � m i0 c c n H Q H Q C_ o o d w o C 0 0 �q 0 C 0 0 0 0 0 C 0 u� r ui ui ui vi �n ori ui u� u5 Ld j 01 d UN C U d d > N 2 mw m o 0 d LL d 2"5 c N � E 'o c 5 :o'E N J c c > c v CO ? U O Z d o m o N Q m LL J O Z 2 R l l :U J O Z E R 2M I L U O (q Z N d N 0 Ch E a a'! 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 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 feet. On all lots, garages, both attached and detached, must be set back as specified in Article 14AC, 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 feet wide. 7If 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). 6Additional height restrictions may apply on properties adjacent to Single Family Zones or Single Family Uses (See Subsection 14-2B4C, Building Bulk Regulations). 9See the Special Provisions of this Article regarding minimum lot area per unit requirements in the RNS-20 Zone. Amend Tables 26-3 and 2C -2(c), as follows: Table 213-3: Maximum Density Standards for Multi -Family Dwellin s in Mul !-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 multi -family dwelling unit 3 3 3 3 Minimum bedroom size' 100 sc• ft. 100 sa. ft• 100 sc, ft. 100 Sul 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 typical shared living space, such as a living room, dining area, kitchen, or bathroom may will be considered one OF F e a bedrooms, as deteirmined by the Building Offielal. 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 175 Housing Code. Table ZC-2 c : Maximum Density Standards for Multi -Family Dwellin s in Commercial Zones Zone I C0.1, CC -2, CN -1 and MU I C13-2 I CB -5 and CB -10 12 Amend paragraphs 14 -2A -4B -4b.;14 -2B -4B-46, and 14-2C-4B-46.(Bui/ding features permitted within required setback area), as follows: Fevered 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 un 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. (-eyered 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 14-4A-3 Residential Use Categories B. Household Living Uses 1. 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 istypical] arranged on a yearly basis, but at least on a month-to-month basis., 2. 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. 13 Efficiency or 1 -Bedroom 2,725 435 There is no minimum lot Unit area per unit standard. Two- Minimum Lot However, the number of Area per Unit Bedroom 2,725 875 3 -bedroom units per lot (in square feet) Unit may not exceed 30 Three- percent of the total Bedroom 2,725 1,315 number of units on the lot. Unit Maximum # of bedrooms per multi-familydwellingunit 3 3 3 Minimum bedroom size' 100 sq. ft. 100 sa. ft. 10D sa• ft• Notes: 'New bedrooms must be a minimum of 100 sauare 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 typical shared living space, such as a living room, dining area, Idtchen, or bathroom may will be considered oneeuaere a bedrooms, as deteffnined by the BuildiRg Offisial. 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. Amend paragraphs 14 -2A -4B -4b.;14 -2B -4B-46, and 14-2C-4B-46.(Bui/ding features permitted within required setback area), as follows: Fevered 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 un 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. (-eyered 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 14-4A-3 Residential Use Categories B. Household Living Uses 1. 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 istypical] arranged on a yearly basis, but at least on a month-to-month basis., 2. 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. 13 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. (3) Attached Single Family Dwellings 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. 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 prooerty for residential living. 4. 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. 14 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 installed on bedroom doors through which one resident may prevent other definition of a Group Household. C. Group Living Uses 1. 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". :Flie size of the gFeUp is typieally largeF OR size than the aveFag-e 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 aFeasfeF Feside;n. Bathroom facilities may be private or shared. There may alsn he the group may prevent other members of the group from entering his/her private rooming unit. The residents may or may not receive any combination of care, training, or treatment, but those receiving such services must reside at the site. 2. 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. 15 3. 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. 4. 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. 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 age or older DWELLING, FARM: A Detached Single Family Dwelling located on a farm and occupied by the Taff* household that maintains and operates, owns or leases the farm on which the dwelling is located. of a Group Household, as defined in this Title. 16 , . ROOMER: An individual who leases and resides within a rooming unit of a Group Living Use A-Fesklen`c Staff, including live-in staff of an assisted group living use, are not considered "roomers". ROOMING HOUSE: Any dwelling, er that paft ef any dwelling, containing two eneor 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. 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 18, Minimum Structure Standards forAY Rental Housing, byadding a new subsection S, entitled, Regulation ofNoncompiiantSituations, 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 eF duple*. Amend Chapter 17-5, Housing Code, Section 18, Minimum Structure Standards forAU Rental Housing, paragraph Li as follows: 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 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. Passed and approved this day of Mayor Attest: City Clerk 18 2018. -ApYkoved I � City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton First Consideration 03/20/2018 Vote for passage: AYES: Throgmorton, Botchway, Cole, Mims, Salih, Taylor, Thomas. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the qC' Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00019) Ordinance No. 18-4742 An ordinance conditionally rezoning approximately 0.5 acres of property located at 1010 S. First Avenue from Low Density Single - Family Residential (RS -5) to Community Commercial (CC -2),1022 S. First Avenue from Low Density Single -Family Residential (RS -5) to Commercial Office (CO -1), and a portion of 1025 Wade Street from Commercial Office (CO -1) to Community Commercial (CC -2). (REZ17.00019) Whereas, the applicant, Kum & Go, L.C., has requested a rezoning of property located at 1010 S. First Avenue from Low Density Single -Family Residential (RS -5) to Community Commercial (CC -2), 1022 S. First Avenue from Low Density Single -Family Residential (RS -5) to Commercial Office (CO -1), and a portion of 1025 Wade Street from Commercial Office (CO -1) to Community Commercial (CC -2); and Whereas, the purpose of this rezoning is to allow for the consolidation of two gas stations, located at 2303 Muscatine Avenue and 2315 Muscatine Avenue, by contributing to the site of a redeveloped Kum & Go Market and gas station and providing parking for the Iowa City Hospice, located at 1025 Wade Street; and Whereas, the subject area is located within the Towncrest Urban Renewal Area and Towncrest Design Review District; and Whereas, the Comprehensive Plan supports redevelopment in this area according to Design Review standards; and Whereas, the proposed redevelopment meets several comprehensive plan goals, including improving the pedestrian environment, reducing the number of curb cuts on the property, and providing landscaped screening between commercial and residential uses; and Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for conformance with the submitted concept and landscaping plans and the need for additional landscaping in parking areas; and Whereas, to avoid splitting platted lots with into two different zoning classifications, it is reasonable to require that the Owners replat the properties to conform to the zoning boundaries established in the rezoning ordinance to which this Agreement is attached and incorporated; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the properties described below are hereby classified as: Ordinance No. 18-4742 Page 2 A. CO -1: Auditor's Parcel 2018018 (Parcels A and B), as shown in Book 61, Page 392, in the records of the Johnson County, Iowa Recorder's Office. B. CC -2: Auditor's Parcel 2018017(Parcel A), as shown in Book 61, Page 391, in the records of the Johnson County, Iowa Recorder's Office. C: CC -2: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK ONE, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N01°24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 12.52 FEET; THENCE N13043'15"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 28.69 FEET; THENCE N01°20'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 18.15 AND THE POINT OF BEGINNING; THENCE CONTINUING N01020'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 73.48 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL; THENCE N88000'49"E ALONG THE NORTHERLY LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF SAID PARCEL, A DISTANCE OF 117.10 FEET; THENCE S01 °17'34"E ALONG THE EASTERLY LINE OF SAID PARCEL TO THE SOUTH EAST CORNER OF SAID PARCEL, A DISTANCE OF 74.71 FEET; THENCE S88°34'51"W, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 117.04 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 0.20 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owners and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. 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 VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and appro ed th' oth day of March 2018. -F0AffOR ATTEST` ITY CLERK Ordinance No. IS -4742 Page 3 Appr ved by City Attorney's Office/�j� Ordinance No. 18-4742 Page 4 It was moved by Mims and seconded by Botchway Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x ABSENT: First Consideration 03/06 Vote for passage: AYES: Mims. NAYS: None. Second Consideration _ Vote for passage: Botchway Cole Mims Salih Taylor Thomas Throgmorton that the 2018 Salih, Taylor, Thomas, Throgmorton, Cole, ABSENT: Botchway. Date published 03/29/2018 Moved by Mims, seconded by Taylor, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Botchway, Cole, Mims, Salih, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None. Prepared by, Sylvia Bcahner PYoning Intern, 410 E Waahtr&rk Iowa dry, IA 62240 (310) 355 2/0 (R¢77-00010) Conditional Zoning Agreement This -agreement Is made between the City of Iowa City, Iowa, a municipal corporation (herpinafter'Cityru), Builders of Hope Global village, L.L.C., KG Store 502, LLC-, and Iowa City .Hospice. Iric. (hereinafter collectively referred to as "Owners"), and Kum & Go. L,C, (hereinafter "Appllcanr� Whereas, Owners are the collective legal title holder of approximately 0.5 acres of property located at 1010 S. First Avenue, 1022 S. First Avenue, and 1025 Wade Street, Iowa City, Iowa; and Whereas, the Applicant has requested the rezoning of 1010 S. First Avenue and a portion of 1026 Wade Street to Community Commercial (CC -2), and 1022 S. First Avenue to Commercial Office (CO -1), and Whereas, the requested rezoning will allow commercial development In dose proximity to exiting residential uses, and Whereas, the Planning and Zoning Commission has determined that landscaping with over -story trees, evergreens trees, and shrubs Is necessary to buffer residential uses from lighting, noise, and traffic associated with commercial uses; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding conformance to submitted concept and landscaping plans, the requested zoning Is consistent with the Comprehensive Pian; and Whereas, to avoid spritting platted lots with Into two different zoning classifications, It is reasonable to require that the Owners replat the properties to conform to the zoning boundaries established In the rezoning otdinanoe to which this Agreement Is attached and Incorporated; and Whereas, Iowa Code §414,5 (2017) provides that the City of Iowa City may impose reasonable oondittorts on granting a rezoning request, over and above existing regulations, to satisfy public needs caused by the requested change; and Whereas, the Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property Is consistent with the Comprehensive Plan and the need for landscaped buffers between commercial and residential uses; and Whereas, the Owners and Applicant agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement Now, therefore, In consideration of the mutual promises contained herein, the parties agree as follows; . AP201S018. 1. Builders of Hope Global Village, LLC. Is the legal title holder of the property legally Parcel B described as Auditor's Parcel 201k2LOas shown In Book fot . Page3 a, in the records of the Johnson County, Iowa Recorder's Office cLh d Ep 4i„ ly i } A t 4 1'a/ P rCt+' h-fnf-t i rt = WadmkWaiNDMI oo"aWrWraft r5wmnIumwp Aw AP 2018018 I?, KG Store 502, L.LC., is the legal title holder of the property legally described as Parcel A Auditor's Parcel 2018eL6, as shown In Book fol . PageS in the records of the Johnson County, Iowa Recorder's Office 3.od Iowa City Hospice, Inc.ins is the legal title holder of the pro arty legally described as APzo1sol� Auditors Parcel 2018oT as shown In Book , Page3�f In the records of the Parcel A & B Johnson County, Iowa Recorder's Office. 4. The Owners acknowledge that the City wishes to ensure conformance to the pdriclples of the Comprehensive Plan and the Southeast District Pian. Further, tha parties acknowledge that Iowa Code §414.6 (2017) provides that the City of Iowa City may - impose reasonable conditions on granting a rezoning request, over and above the existing regulations, In order to satisfy public needs caused by the requested change. 6. In consideration of the City's rezoning the subject property, Owners and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, that no building penult shall be -issued for any of the subject property until the City Council approves a final plat resubdivlding the subject property to conform to the zoning boundaries established by the rezoning ordinance to which this Agreement Is attached; and that any development on the subject property shall generally general conform to the attached site plan, particularly with regarding to the landscaping intended to provide a buffer between commercial and residential uses; and 6. The Owners -and Applicant acknowledge that the conditions contained herein are reasonable conditions to Impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 7. The Owners and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the temrs of this Conditional Zoning Agreement. 8. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force pnd effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 0, The Owners and Applicant acknowledge that nothing In this Conditional Zoning Agreement shall be construed to relieve the Owners or Applicant from complying with all other applicable local, state, and federal regulations. 10. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded In the Johnson County Recorder's Office at the Applicant's expense. Dated this _� day of M"N 2Q14 City of Iowa City OOdN*d08 UiT- 010 CMMWW Wfth9MM010 kumend pad" Builders of Hope Global Village, U.C. COMMENCING AT THE SOUTHWEST CORNER OF LOT 121N BLOCK ONE, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N01W19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 12.52 FEET; THENCE N13 -4&15-E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 28.89 FEET; THENCE N01'20'01 -W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 18.15 AND THE POINT OF BEGINNING; THENCE CONTINUING N01 620'01W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 73.48 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL; THENCE N88'00'49'E ALONG THE NORTHERLY LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF SAID PARCEL, A DISTANCE OF 117.10 FEET; THENCE S01017'34'E ALONG THE EASTERLY LINE OF SAID PARCEL TO THE SOUTH EAST CORNER OF SAID PARCEL, A DISTANCE OF 74.71 FEET; THENCE S88 -34'51-W, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 117.04 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 0.20 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD. C13 3/ls/� 41. G67§ JimYrhrogmorton, Mayor Attest: Kellie Fruehling, Vify Clerk Approved by: City Attorney's Office City of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) M KG Store 502, L.L.C. By: Cv-4�xo. �S Mcg STa-o M Iowa City Hospice, Inc. Is Kum 8 b^L.C. By: Glc K a�Lasswon� This instrument was acknowledged before me on I I Ytil -C () 201 by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. CHRISTINE OLNEY A4e 2 BI fe Commission Number BD6232 Notary Public in an for WState of Iowa MyCommissionExpires (Stamp or Seal) Builders of Hope Global Village, L.L.C. Acknowledgment: STATE OF IOWA ) ) ss: COUNTY) This instrument was acknowledged before me on as Global Village, L.L.C. ppdadMagOrez17-00019 condigonal zoning agreement kum and go.doc 20_ by of Builders of Hope KG Store 502, L.L.C. Acknowledgement: STATE OF IOWA ) ) ss: pAV,6,s COUNTY ) Notary Public in and for said State (Stamp or Seal) DANIEL GARNEAU °� Notarial Seal - IOWA Commission No. 801748 My Commission Expires February 13,20j This instrument was acknowledged before me on MA Oki G 2018 by Ct24r%a 13 �1c G 5 SYa o M as cFo of KG Store 502, L.L.C. Notary Pubfib in and for said State (Stamp or Seal) Iowa City Hospice, Inc. Acknowledgment: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on as Hospice, Inc. Kum and Go, L.C. Acknowledgement: STATE OF IOWA ) ) ss: 9AA*5 COUNTY) Notary Public in and for said State (Stamp or Seal) 20_ by of Iowa City This instrument was acknowledged before me on rAAeCN 6 , 2018 by CZAo C,r, i31EvZx 5ST2o M as Gro of Kum & Go, L.C. Notary Pu c in and for said State t DANIEL GARNEAU Stam or Seal Notarial Seal - IOWA (Stamp ) Commission No. 801748 My Commission Expires February 13, 2024 ppdadm/agVrez17-00019 mndWonal zoning agreement kum and go.doc 4 S Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: B. KG Store 502, L.L.C. Iowa City Hospice, Inc. City Attorney's Office By: Kum & Go, L.C. City of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Builders of Hope Global Village, L.L.C. Acknowledgment: STATE OF IOWA ) ) ss: COUNTY) T jF i in t m nt was acknowledged before me on IVB 0.,Y Gk S 201 g by JDS as t r of Builders of Hope W ehea Global Village, L.L.C. v ATHER OBERHAUSm missionNumber 776199MY Commtse n Expires ppdadm1agVmz17-00019 canditlonal zoning agreement kum and go.doc 3 Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: City Attorney's Office City of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 0 KG Store 502, L.L.C. By: Iowa City Hospice, Inc. 4) By: Kum & Go, L.C. This instrument was acknowledged before me on , 20_ by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City, Notary Public in and for the State of Iowa (Stamp or Seal) Builders of T obe'"Glo ai-0lage;'L^t C':gCknowledgment: STATE OF IQWA. e!u ) ss: COUNTY) This instrument was acknowledged before me on FFy Global Village, L.L.C. ppdadm/agVrez17-0018 conditonal zoning agreement kum and go.dm 3 20_ by of Builders of Hope Notary Public in and for said State (Stamp or Seal) KG Store 502, L.L.C. Acknowledgement: STATE OF IOWA ) ) ss: COUNTY ) This instrument was acknowledged before me on as L.L.C. Iowa City Hospice, Inc. Acknowledgment: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged { rl a. Lo�l`ftok Hospice, Inc. 20_ by of KG Store 502, Notary Public in and for said State (Stamp or Seal) before me on dre 5� , 20—IF by as u e tP I T fO - of Iowa City &I'a m"IJ-4c, Notary Public in and for said State (Stamp or Seal) Kum and Go, L.C. Acknowledgement:o 'k , ESMERALDAMONTALVO _ Commission Number 795395 STATE OF IOWA ) + • My commission Expires MaM 31, Y019 ) SS: COUNTY) This instrument was acknowledged before me on 20_ by i -M of Kum & Go, L.C. Notary Public in and for said State (Stamp or Seal) ppdatlm/agVmzV7 0019 wntli0onal zoning agreement kum and go.Aoa 4 STAFF REPORT To: Planning and Zoning Commission Prepared by: Sylvia Bochner, Planning Intern Item: REZ17-00019 Date: January 4, 2018 Kum & Go GENERAL INFORMATION Applicant: Kum & Go, LC 6400 Westown Parkway West Des Moines, IA 50266 Contact: Brian Boelk HBK Engineering 509 S. Gilbert St. Iowa City, IA 52240 319-338-7557 bboelk@hbkengineedng.com Requested Action: Rezone three parcels as follows Purpose: Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 1010 First Avenue from RS-5/ODR to CC-2/ODR 1022 First Avenue from RS-5/ODR to CO-1/ODR A portion of 1025 Wade Street from CO-1/ODR to CC-2/ODR To allow for the consolidation and redevelopment of two gas stations and the provision of parking for an adjacent office use 1010 and 1022 First Avenue and 1025 Wade Street Approximately 0.5 acres Single Family Residential (RS-5/ODR) and Office (CO-1/ODR) North: Commercial (CC-2/ODR) South: Office and Residential (CO-1/ODR and RS-5/ODR) East: Commercial (CC-2/ODR) West: Commercial and Residential (CC-2/ODR and RS -5) Southeast District Plan and Towncrest Urban Renewal Area City High November 30, 2017 45 Day Limitation Period: January 14, 2018 03-20-18 4c 2 BACKGROUND INFORMATION The applicant, Kum & Go, LC, has requested rezoning of three properties, located at 1010 S. First Avenue, 1022 S. First Avenue, and 1025 Wade Street. 1010 S. First Avenue and 1022 S. First Avenue are residential properties that Kum & Go has acquired or plans to acquire. Kum & Go also owns 2303 Muscatine Avenue and plans to purchase 2315 Muscatine Avenue, both of which are currently gas stations. 1025 Wade Street is the facility for Iowa City Hospice. The purpose of this project is to redevelop the site at the corner of Muscatine Avenue and First Avenue as a Kum & Go market and gas station. This redevelopment would consolidate the two existing gas stations. The property at 1010 S. First Avenue would be added to the Kum & Go site to provide an area for parking. A portion of 1025 Wade Street, which provides parking for Iowa City Hospice, would also be added to the Kum & Go site. To replace this parking, 1022 S. First Avenue would be added to the Iowa City Hospice site. The building for Iowa City Hospice would not be altered, but its parking area would change. The existing dwellings at 1010 S. First Avenue and 1022 S. First Avenue would be removed to construct the proposed redevelopment. To adjust the property lines accordingly, the applicant must apply for a subdivision or a lot line adjustment. The applicant has submitted the attached concept plan that shows how the area would be redeveloped The applicant is requesting rezoning of 1010 S. First Avenue and the portion of 1025 Wade Street that will be added to the redeveloped Kum & Go site to Community Commercial (CC -2) to match the zoning of the existing gas stations. They are also requesting rezoning of 1022 S. First Avenue to Commercial Office (CO -1) to match the zoning of the existing Iowa City Hospice site. The subject property is located within the Towncrest Commercial Area. Towncrest was developed in the 1960s as a suburban -style commercial area with a focus on medical offices. At the time of its development, Towncrest was on the edge of Iowa City's urbanized area. Today, the area is well - integrated into the city and is a fully developed, urban area surrounded by a diverse walkable neighborhood. In recent years, efforts have been made to improve this area. Towncrest is an Urban Renewal Area and a Design Review District. In 2010, a Design Plan Manual was created for Towncrest to provide details on streetscape design, architectural character, open space, and signage and wayfinding to provide guidance on redevelopment in this area (the plan may be viewed at: https://www.icgov.org/towncrest) While the applicant is not required to follow the Good Neighbor Policy, they have scheduled a meeting for January 3, 2018 (Good Neighbor Meetings are generally held at least 7 days before the scheduled Planning and Zoning Commission meeting). ANALYSIS: Current zoning: 1010 S. First Avenue and 1022 S. First Avenue are both currently zoned Low Density Single -Family Residential (RS -5). This zone is primarily intended to provide housing for individual households. Although this zone allows for some nonresidential uses that contribute to the livability of residential neighborhoods, providing parking for a commercial establishment would not be permitted. 1025 Wade Street is currently zoned Commercial Office (CO -1). This zone is intended for office functions, compatible businesses, apartment buildings, and some public/semi-public uses. The CO - 1 zone can also serve as a buffer between residential and more intensive commercial or industrial areas. Proposed zoning: The applicant has proposed two zones, Community Commercial (CC -2) for the redeveloped Kum & Go site and Commercial Office (CO -1) for the modified Iowa City Hospice site. The existing gas stations and Iowa City Hospice sites are already zoned accordingly; the rezoning would apply to the properties at 1010 S. First Avenue, 1022 S. First Avenue, and the portion of 1025 Wade Street that would be transferred to the Kum & Go site. The Community Commercial (CC -2) zone is intended to provide districts for major businesses that serve a significant segment of the total community population. This is the proposed zoning for the redeveloped Kum & Go site, and the current zoning for the existing gas stations on Muscatine Avenue and First Avenue. This zone is meant for businesses that generate significant traffic and require access from major thoroughfares. Uses in this zone can also include limited outdoor activities, provided that outdoor operations are screened or buffered to remain compatible with surrounding uses. Because the subject area is in the Towncrest Design Review District, some of the development standards are different than the general standards for the CC -2 zone. In the Towncrest Design Review District, Quick Vehicle Servicing Uses require a special exception granted by the Board of Adjustments. The redevelopment of this site will be subject to the approval of this special exception. Additionally, when permitted, Quick Vehicle Servicing Uses in the Towncrest Design Review District must be designed according to the site development standards for the Central Business Support (CB -5) zone, which includes standards that ensure high quality design and a pedestrian focus. One notable requirement in the CB -5 zone is that all street -facing facades must have a minimum of 50% of the fagade composed of transparent windows and doors. This will be required on both the Muscatine Avenue and First Avenue frontages of the redeveloped Kum & Go Market. The Design Review process will further ensure that the building meets the guidelines for the Towncrest Design Review District. The Commercial Office (CO -1) zone is the proposed zoning for the modified Iowa City Hospice site and the zoning of the current Iowa City Hospice site. This zone, as noted above, is intended for office functions, compatible businesses, apartments, and some public/semi-public uses. Comprehensive Plan: The Southeast District Plan supports redevelopment in the Towncrest Commercial Area that helps turn the area into a more walkable mixed use center. One of the goals for this area is to improve traffic flow by limiting the number of access points along Muscatine Avenue. The redevelopment of the two gas stations supports this goal by reducing the number of curb cuts onto Muscatine Avenue from 2 to 1. Overall, the redevelopment will reduce the number of curb cuts from 8 to 5. This redevelopment will also improve the pedestrian environment by moving sidewalks further from the road and providing landscaped buffers with street trees. Another goal of the Southeast District Plan regarding the Towncrest Commercial Area is to "encourage reinvestment and redevelopment." The adopted Urban Renewal Plan provides redevelopment standards that work towards making Towncrest a walkable, mixed-use urban neighborhood. The comprehensive plan supports redevelopment and reinvestment in this area to create aesthetic improvements and move towards the urban form outlined in the Design Plan. The proposed redevelopment of the site would be subject to design review based on the standards in the Towncrest Urban Renewal Area Design Plan to ensure the redevelopment contributes to the intended character of the area. Compatibility with neighborhood: Because the type of uses along Muscatine Avenue will not change with this rezoning, the redeveloped site will be generally compatible with the surrounding commercial area. On the existing site, the gas station abuts the residential property at 1010 S. First Avenue. With redevelopment, this lot and the lot directly to the south will be redeveloped as parking, which will move the transition from commercial to residential to the property at 1026 S. First Avenue. With redevelopment, there is the opportunity to provide a landscaped buffer to protect the residential properties from light and noise from the commercial and parking uses. The applicant has Ell submitted a landscaping plan that shows S3 screening (a mix of evergreen and deciduous shrubs at least 3' in height when planted and at least 6' at maturity) between parking and residential uses. The rest of the site is shown with S2 screening, which uses masonry walls and shrubs to create a low-level screen with some visibility. Traffic implications: By consolidating the two gas stations, the proposed redevelopment reduces the number of curb cuts on Muscatine Avenue from 2 to 1, as shown in the site plan. As mentioned above, reducing the number of curb cuts on Muscatine Avenue is an objective of the comprehensive plan that supports the goal of improving traffic flow in the Towncrest Commercial Area. The redevelopment of these properties will also reduce the number of curb cuts on First Avenue by closing the driveways that lead to 1010 S. First Avenue and 1022 S. First Avenue. A single access point will remain on First Avenue that connects to parking on the redeveloped Kum & Go site. Access points on Wade Street will remain largely the same; the concept plan shows one access point to the redeveloped Kum & Go site and one entrance and one exit for Iowa City Hospice. The access drive onto the Iowa City Hospice site is a one-way drive that leads to parking along the side of the existing building and the additional parking on 1022 S. First Avenue. Vehicles would then exit the site onto Wade Street through a one-way drive adjacent to Kum & Go's access point. Because of differences in elevation between the Kum & Go site and the Iowa City Hospice site, these drives cannot be combined. Another goal for the Towncrest Commercial Area is to make the area more pedestrian -friendly. Currently, the sidewalk along the east side of First Avenue directly abuts the road with no buffer, which creates a safety risk for pedestrians. The concept plan indicates that the sidewalk along First Avenue will be relocated to provide a 6' landscaped buffer between the road and the sidewalk. This will contribute to a safer, more pedestrian friendly environment. The applicant has also submitted a landscaping plan that shows street trees along First Avenue, Muscatine Avenue, and Wade Street. SUMMARY: The proposed redevelopment will contribute to producing the desired character for the Towncrest Urban Renewal Area. This project will consolidate two existing gas stations, reduce the number of curb cuts on Muscatine Avenue and First Avenue, and redevelop the site in conformance with the Towncrest Urban Renewal Area Design Plan. Landscaping will provide a buffer between the Kum & Go gas station and the adjacent residential uses. Additionally, to ensure this redevelopment contributes to the pedestrian -friendly environment of the Towncrest Urban Renewal Area, it is important that all sidewalk connections and curb cuts are appropriate. STAFF RECOMMENDATION: Staff recommends deferral of this application pending resolution of deficiencies noted below. Upon resolution of these items, staff would recommend approval of the proposal to rezone property located at 1010 S. First Avenue from Low Density Single Family (RS - 5) zone to Community Commercial (CC -2) zone, 1022 S. First Avenue from Low Density Single Family (RS -5) zone to Commercial Office (CO -1) zone, and a portion of 1025 Wade Street from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone, subject to general conformance with the concept plan (including the revisions noted below). DEFICIENCIES AND DISCREPANCIES: 1. The site plan shows a parking aisle that is 30 feet wide, while code allows a maximum of 24 foot parking aisles. 2. A minimum of 5 feet of landscaping must be provided on both sides of the property lines between parking areas. A minor modification may be granted due to change in grade on the east side of the property, but this landscaping must be provided between the parking lots for Kum & Go and Iowa City Hospice. 3. Sidewalk connections should be provided on the First Avenue side of the building and the sidewalk on the east side of the building should be extended to connect to Muscatine Avenue. 5 4. Curb cuts do not meet the standards for width and location. The City Engineer is currently reviewing the plan and will consider allowing modification or may request changes to the curb cuts. ATTACHMENTS 1. Location Map 2. Concept Plan e—� 1n Approved by: Tracy Hight e, Di c Department ofNeighborl ppde .MstlrepWd men¢ and Development Services .venue • P.11(' I wplrt Ilk [M.1i' CC2 CC2 CC2 2 ♦NRS^ ^.+ :7j..A-relit:: .... . .: ' y..ryCC2-� .. CC2 CC2 CC2 ins t CC2 4. c ol R56 R35 - RS5 RS5 R$5 ° RS5 - tS5 Col RS6 An application submitted by Kum & Go, LC w r Rs5 for the rezoning of 1010 S. 1st Avenue from RS -5 to CC -2,1022 S. 1st Avenue from RS -S to CO -1, _ cot and a portion of 1025 Wade Street from CO -1 to CC -2. R85 1A 1 I i C01 + Legend `'/ Rezone to CC -2 Rezone to CO -1 -s :a cot GENERAL NOTES Y: ,s u°Wmn`"�iru rmvw�rmannneam®nm. S] 4 nM gxa vcox wm�.ul I G w.r vu�ies m: PAVEMENTTHIC"ESS r: J %G NOTES ... 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'-. -�&��/ � � «� <� / . ` - � ����� .�^ .�� �^`� >.\ ®�� 2 ��\ � :2\� � \?%: � 2\ , �� � /� ®:?\� \`.\ � \ \� \\§y\./,\2. ��'����\\\� I Planning and Zoning Commission January 4, 2018 — Formal Meeting Page 3 of 10 REZONING ITEM (REZ17-00019)7 Discussion of an application submitted by Kum & Go, LC, for a rezoning of 1010 1st Avenue from Low Density Single Family Residential (RS -5) to Community Commercial (CC -2), and1022 1st Avenue from (RS -5) to Commercial Office (CO -1) and a portion of 1025 Wade Street from (CO -1) to (CC -2). Bochner began the staff report by showing the location of the property and noted that staff received updated plans after the packet went out to the Commission so there are some changes and an updated site plan and landscaping plan have been given to the Commission. Additionally there was a Good Neighbor meeting held on January 3 and a summary of that meeting was distributed to the Commission. The application is to rezone these properties as part of a larger redevelopment of the site. Currently at 2303 Muscatine Avenue there is a Kum & Go and right next to it at 2315 Muscatine Avenue there is another gas station. Kum & Go is in the process of purchasing that gas station and would like to consolidate the sites and redevelop a new Kum & Go Market. To accomplish this they would use the area at 1010 1s' Avenue for parking as well as the 1025 Wade Street area. That area is currently the parking for Iowa City Hospice and to obtain 1025 Wade Street for parking for Kum & Go they will be trading it for the area at 1022 15' Avenue. This area is located in the Towncrest Commercial Area which is part of an Urban Renewal Area and a Design Review District. Because this area is in a Design Review overlay zone the standards for redevelopment are different than they would typically be in a Community Commercial (CC -2) zone, most importantly it means the quick vehicle servicing use requires a special exemption from the Board of Adjustment so the applicant will have to go through that process if this rezoning is granted in order to redevelop the site. When quick vehicle services uses are permitted in this design review zone they must be developed according to the site development standards of the Central Business Support Zone (CB -5) which means different standards to account for walkability and better design. One of the notable differences is that the facades have to be at least 50% glass. Bochner noted that the site plans and renderings currently available don't meet all of the standards for this district but the design review process and special exception process will make sure all those standards are met before redevelopment. Bochner showed the renderings of the redevelopment that have been submitted and how the building, gas pumps and parking would be laid out. She added that this redevelopment will contribute to several goals from the Comprehensive Plan. The Southeast District Plan sees this area as becoming a more walkable, mixed-use center. This development contributes to that goal by adding walkability, they added a landscape buffer between 1s' Avenue and the sidewalk (currently the sidewalk adjacent to the street). This redevelopment will also reduce the number of curb cuts, there are currently two curb cuts on Muscatine Avenue for the gas stations and that would be reduced to one, it also reduces curb cuts along 15{Avenue. In terms of compatibility with the neighborhood, the type of uses are not changing here, currently there are two gas stations which will be consolidated into one and the use for the Iowa City Hospice will remain the same. In terms of compatibility with residential areas of the neighborhood the applicant has shown in their landscaping plan they will put a S3 buffer between the residential property to the south and also along the west side because there is residential properties across the street, S2 buffers will be everywhere else on the site. Planning and Zoning Commission January 4, 2018 — Formal Meeting Page 4 of 10 Bochner noted that staff received updates to the address all the deficiencies that were discussed in the staff report, therefore staff is recommending approval of REZ17-00019 subject to general conformance to the site plan. Hensch asked to be shown on the map exactly where the curb cuts will be on Muscatine Avenue and V Avenue. Freerks asked if the access point to the Kum & Go lines up to alley or driveway of the houses. Miklo replied that it is the alley and the property will be screened with landscaping from the houses. Freerks noted her concern of headlights leading into house windows. Hensch asked about the lightening for the entrance and parking areas. Miklo stated that downcast lighting is required city-wide. Where a commercial development is within so many feet of a residential area there is also a limit of the height of the light poles, 25 feet, and there are standards where light cannot trespass across the property line. This development will have to comply with those requirements at the time of site plan approval. Miklo noted that one of the complaints they often hear with gas stations is the canopy lighting, one benefit of this design is the canopy will be as far from the residential as possible and will be oriented more toward the commercial part of Towncrest. Freerks asked about the parking for Hospice, the current parking has better access to the front door whereas the new parking will be behind the building, is there back door access into the Hospice building. Miklo and Bochner both stated they are not familiar with the Hospice building. Signs asked what the plant materials are for what appears to be a retaining wall along the southern border of the Kum & Go property. Bochner said this is noted on the landscaping plan, typically a five-foot landscaping buffer is required between different parking areas. Freerks asked about the curb cut width. Miklo noted this development will require some variation form the City Standards and will need to be approved by the City Engineer and will be done during the special exception process. The standard is on an arterial street intersection the curb cut has to be at least 150 feet from that intersection and has to also be 50 feet from another street and in this area cannot meet both those requirements. In this situation the new curb cut will still be more preferable than the current two curb cuts. Freerks noted that in the revitalization plan for this area it discusses the area being pedestrian friendly the Kum & Go design is to have a whole wall of glass that has no entrance for pedestrians (as seen at the Benton Street Kum & Go) and perhaps there could be an entrance on that wall. Miklo noted that the design plan has not yet been reviewed against the Towncrest Design Review Standards so there may be design changes once that is completed. Freerks opened the public hearing. Siobhan Harman (Kum & Go) noted that with regards to the buffer between the residential and the parking lot for Hospice, it will be an eight foot fence with landscaping. The parking will face south but the buffer will keep lights away from the houses. With the area between Kum & Go and Hospice there is a significant grade change and there will be landscaping and she shared an elevation drawing with the Commission. Harman also stated they will lower the canopy Planning and Zoning Commission January 4, 2018 —Formal Meeting Page 5 of 10 height and are looking at other areas in town where HyVee and Casey's have done so successfully and will match those heights. It appears it will be about two feet lower than their standard canopy. Hensch asked if the objective is to have the canopy the same height as the building structure so there isn't light going over the building into the residential area. Harman said it may not be the same height as the store, but it will be lowered a bit so there won't be light spillage. The good thing about this plan is the back of the building faces the residential and the auto usage areas face into the commercial area. Harman also noted they use LED lighting both in the store and outside the store for energy efficiency, and the foot candles are down to zero at the lot line. Parsons asked if it is assumed the overall lighting will be less with this new development than what the two gas stations are emitting right now. Harman cannot comment on that, but noted they did take the square footage of all the buildings that are out there and currently between the BP and Kum & Go there are 5830 square feet and the new Kum & Go building will be just under 5900 so it is a minimal change there. Harman added they will be adding additional green space with the removal of the two houses. Hensch stated that with regards to greenspace there has been some issues in the past with developments following up on landscaping and stated that his hope is this development will not follow suit. The Kum & Go on Benton Street looked as if the landscaping was struggling for a while but seemed to improve towards the end of summer and fall. Dyer added that the landscaping at the Benton Street location is very minimal. Harman noted that with the exterior of their building they understand if it doesn't look good on the outside what will make someone want to come inside, so they take pride in the exterior of their properties. They build all their stores to LEED specifications and one of the specifications is to use native plantings which they do at all their locations. The one place they break the LEED standard is where they install irrigation because it is very difficult in Iowa to get grass and landscaping materials to grow without the water. They will replace any dead items or grass as needed as well. Hensch noted this development is an improvement over what is currently at the location but just wanted to reinforce the desire to see the correct landscaping. Freerks asked Harman to talk a bit about the building, noting it has to meet the standards which are a little higher in this area, and if there is any opportunity to bring people in off 15' Avenue. Harman noted it is very difficult because that one wall is completely "back of house" which is restrooms and kitchen area and those have to be enclosed and not seen by the public. There will be a side door on the Muscatine Avenue side. They do have to be careful regarding entrances however due to theft and that is why they only do two entrances on a building. Dyer asked if the 15' Avenue side of the building would be similar to Benton Street where there is a wall of glass that shows a hallway and a mural. Harman confirmed that was correct, and noted that area is not meant for storage. Signs noted that is what has happened at the Benton Street location, that hallway is full of storage items, including what appears to be CO2 tanks. He added that he knows the design standards require glass but perhaps the mural could be on the glass and cover up that back space. Freerks stated that would be against the sign standards. Miklo suggested another solution of using frosted glass towards the bottom which would hide storage. Harman noted she would address the storage issues at the Benton Street location with that store manager. Planning and Zoning Commission January 4, 2018 —Formal Meeting Page 6 of 10 Signs noted his concern with the southern border of the Kum & Go parking lot with the extensive retaining wall and feels it may be an ominous wall. Harman said the wall will be gradual so it will not look like a large wall from all angles and there will be plantings and landscaping on it as well. Freerks asked if Harman knew if there was a Hospice door to the west and Harman acknowledged there was and Hospice has stated their needs are met. Miklo suggested adding some trees to help shield the canopy glow from the houses to the south. Harman said that should be discussed with Hospice because when they have used over story trees over parking there are complaints from customers that those trees can weep down onto the cars. She feels there can be some solutions. Miklo agreed but noted it would depend on the species of tree, and if the trees are on the driveway side it shouldn't affect the parking. Freerks agreed the addition of trees should be stressed. Harman addressed this area being pedestrian friendly and as part of their LEED criteria they are required to install a bike rack. Typically they install one bike rack, the City has asked them to install a second bike rack which they have agreed to do. They will also have plaques around the building and on the canopy explaining what the LEED requirements are and how Kum & Go met them. Curt Moore (3169 Dubuque Street) noted that he feels this will be a definite improvement to Iowa City and that area. He agrees with looking for options on the glass wall that will face 15' Avenue as he drives by Benton Street all the time and sees the storage. Mike Welch (HBK Engineering) remarked about the curb cuts and locations and noted that Kum & Go puts a wider radius on their curb cuts because of the fuel trucks. Freerks closed the public hearing Signs moved to approve the rezoning of 1010 1st Avenue from Low Density Single Family Residential (RS -5) to Community Commercial (CC -2), and 1022 1st Avenue from (2R)S-5) to Commercial Office (CO -1) and a portion of 1025 Wade Street from (CO -1) to (CC Parsons seconded the motion. Hensch asked about the list of discrepancies listed in the staff report. Miklo said those have all been resolved or will be with the special exception. Hensch asked if they need to add an amendment to the motion regarding the addition of trees and shrubbery along the south border Miklo said it can be added as a conditional zoning agreement. Hensch moved to amend the motion to include the requirement of additional trees and shrubbery along the southern border particularly along the area where the Hospice parking lot will be. Dyer seconded the amendment. Signs noted that this development is a significant improvement in the space, but wanted to reemphasize the need for landscaping needs to be completed as to the intention of the proposal. Planning and Zoning Commission January 4, 2018 — Formal Meeting Page 7 of 10 Hensch stated his appreciation with Kum & Go working with Hospice and that this design actually improves the parking situation for Hospice. Freerks agreed noting the details that have gone into this proposal are thoughtful Signs stated he was concerned at first about the parking lot for Hospice jetting over to the residential part of 18' Avenue but feels the applicant did a nice job trying to screen that as nice as they can. Dyer added that most of the parking in that area will happen during the day so headlights shouldn't be an issue. Parsons stated he likes the layout and thinks it will be an efficient use of space, much better than what is there now. A vote was taken and the motion with amendment carried 5-0. ANNEXATION & REZONING ITEM /ANN17-00001/REZ17-000201• Discussion of an application submitted by IC Housing Group, LLC, for annexation and a rezoning of approximately 7.9 acres from County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Multifamily (ID -RM) for approximately 5.27 acres and Interim Development Single Family for approximately 2.76 acres located at 4643 Herbert Hoover Highway SE. Miklo noted that the property is on the south side of Herbert Hoover Highway, just east of the Iowa City Care Center and Old Towne commercial area, and west of the latest addition of Churchill Meadows. Miklo showed aerials of the current zoning and the proposed zoning. The Comprehensive Plan for the area is the Northeast District Plan, the Plan shows the Care Center and shows this area as green space around the Care Center, but that is not going to happen. The Plan does show single family as it moves to the east. The staff report shares the details about the annexation policy, this application meets the policy as it is clearly in the Iowa City growth area, it is an area they would rather see develop in the City and not the County. Miklo noted there are some infrastructure needs that haven't been resolved such as how sewer and water will be provided but the interim zoning address that until those issues are resolved. Staff recommends approval of ANN17-00001 and REZ17-00020, annexation of approximately 7.90 acres and a rezoning from County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Multifamily (ID -RM) for approximately 5.27 acres and Interim Development Single Family (ID -RS) for approximately 2.76 acres located at 4643 Herbert Hoover Highway SE. Freerks asked if in the ID -RS area how many houses could go in an area like that. Miklo replied that in the RS -5 zone they typically see about three units per acre, if it is a planned development it might be up to five houses per acre, so there could be a total of five to ten houses here. Parsons asked about utilities and the sidewalk along Herbert Hoover Highway extending down to Churchill Estates. Miklo said that sidewalk is now in place. Kellie Fruehling From: Brian Boelk <bboelk@hbkengineering.com> Sent: Wednesday, March 14, 2018 12:35 PM To: Kellie Fruehling Cc: Bob Miklo Subject: Rezoning 1st and Muscatine for Kum & Go and Hospice Importance: High Good afternoon Kellie. I would like to request expedited action for this item at the next City Council meeting, collapsing the 2"d and 3'd reading based on previous meeting discussions and results. Thank you. Brian Boelk, PE, CPESC, CMS4S HBK ENGINEERING, LLC 509 S Gilbert St Iowa City, IA 52240 Office: (319) 338-7557 x4460 Mobile: (319) 400-1056 bboelk(@hbkengineering.com www. h bkenaineeri n¢.com 1" S �• ^^ 1* ^1 P"Pod c RA19 r�er R�}•11r'KY 1@Ck A+'J� .. .. , Y' r•J-.. :.• ' ! mY: i'..I-W VI1bori •S�^ror*14 oJtic=+ "jJp I"aP I'i"^ Yr:- Vl:' V •' i Y 11 .:•V'. w •STK I hr 7N rl' JF:IYA ' YIBL4' ■' 9r, :1 t � East EIL-vatlan 1• a �- - sme eAQ�1011d IVIS ,. 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Washington St., Iowa City, IA 52240 (319) 356-5063 Ordinance No. 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, entitled "City Utilities," Article A, entitled "General Provisions," Section 5 entitled "Establishing City Utility Accounts; Deposits Required." Whereas, pursuant to Chapter 384, Code of Iowa (2017), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and treatment system; and Whereas, the City's financial policies dictate that the Water fund shall be self-supporting; and Whereas, the City's current water rate structure does not provide revenue to sufficiently fund the necessary water main replacements and water fund capital program; and Whereas, the Iowa City City Council intends to provide a water rate and fee structure that makes the City's water utility self-sustaining; and Whereas, to that end, the Iowa City City Council proposes to increase water user charges by 5% on July 1, 2018 to recover the City's cost of providing those services; and Whereas, City staff seeks to codify the fees charged for after-hours callouts for any water work done outside of normal working hours; and Whereas, the cost of the SurePay discount continues to rise, and people are no longer needing to be incentivized to sign up for SurePay; and Whereas, the limit is set by the State for charges for returned checks/automatic bank debits, and the fees for returned checks/automatic bank debits need not be codified; and Whereas, the City has been providing a Low -Income Discount program for several years already; and Whereas, the policies for the Low -Income Discount program should be codified; and Whereas, similar to the Low -Income Discount program, the delinquency deposit is waived if the account holder enrolls in SurePay.and Whereas, it is in the best interests of the City to enact the following ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 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 Ordinance No. Page 12 and Service," of the City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-3: POTABLE WATER USE AND SERVICE: Description Of Fee, Charge, Bond, Fine Or Penalty Water service charges (see section 16-3A-4 of this code): For first 100 cubic feet or less of water used, based on meter size Amount Of Fee, Charge, Bond, Fine Or Penalty Charge Meter Size - - — - - (Inches) July 1, 2018 5/e, 5/e X 8/4 $ 7.42 8A 8.11 1 9.56 11/2 19.06 2 25.63 3 47.37 4 82.62 6 166.25 There will be no minimum monthly charge for a single purpose water meter for the months of November to March if no water is used. User charges for water in Monthly Charge Per 100 Cubic Feet excess of 100 cubic feet Usage per month: (Cubic Feet) July 1, 2018 Dual purpose meters 101 -3,000 $3.47 Over 3,000 $2.49 —T Single purpose meters Over 100 i $3.47 '-[ Other charges and discounts: Low Income Discount Temporary water use (see subsection 16 -3A -4B of this code): During construction for I the first 90 days from the date of the connection to the water main for a new water Charge July 1, 2018 60% of minimum monthly water charge Charge Per Month July 1, 2018 Ordinance No. Page 13 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) 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): Residential owner account Residential tenant account $0.00 1$120.00 Commercial account An amount equal to an average 2 -month billing for i commercial service for city water and/or sanitary sewer service, or $120.00, whichever is greater r- 5 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date. Can be waived once every 12 months service or a maximum of 90 days for reconstruction: Fgle and two- ily residences $17.37 ulti-family ; [residences $17.37 l mercial$28.94[scorn tructures After 90 days for any - --- - --- — - ---- ------ ---- -- - structure, until the water meter is $115.76 I installed l 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) 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): Residential owner account Residential tenant account $0.00 1$120.00 Commercial account An amount equal to an average 2 -month billing for i commercial service for city water and/or sanitary sewer service, or $120.00, whichever is greater r- 5 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date. Can be waived once every 12 months Ordinance No. Page 14 Delinquency deposit fee for combined water and/or sanitary sewer and/or solid waste collection accounts (see section 16-3A-5 of this code) To connect water main rextensions, per acre — — Reconnection of discontinued service Posting fee for shutting off water in collection procedure Frozen water meters r --- Shut off water service at curb and check for exterior leaks Broken or damaged hydrant Location of city owned water main for other utilities An amount equal to an average 2 -month billing for the delinquent account. Can be waived if the account holder enrolls in SurePay. Charge July 1, 2018 $456.75 Service Fees During Normal After Normal Working Hours Working Hours' $45.00 $84.00 $45.00; Can be waived Not done after normal working once in the lifetime of the hours account. $36.75, plus cost of $84.00, plus cost of meter meter No charge $84.00, plus hourly overtime rate beyond 2 hours Repair cost I $84.00, plus repair cost No charge I No charge Location of city owned No charge $84.00, plus hourly overtime rate water main for private beyond 2 hours enterprise Check water meter for $80.85 Not done after normal working accuracy at consumer's hours request Annual fire hydrant fee for $95.55 Not done after normal working inspection and operation hours Ordinance No. Page 15 of fire hydrants which are privately owned or owned by other government agencies After-hours callout fee for any water work done outside of normal working hours Not applicable $84.00, plus hourly overtime rate beyond 2 hours 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, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 4, entitled "Wastewater Treatment Works User Charges," of the City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-4: WASTEWATER TREATMENT WORKS USER CHARGES: Sanitary Sewer Service Charges; Amount Of Fee, Charge, City Code Description Of Fee, Charge, Bond, Fine Bond, Fine Or Penalty Chapter, Article Or Penalty Or Section Reference r-------- Minimum monthly charge (includes the - - $8.15 16-3A-4 first 100 cubic feet of water used) -- --- Monthly charge for each additional 100 – -- — $3.99 --- -- 16-3A-4 cubic feet of water used 60% of monthly minimum 16-3A-4 Low Income Discount charge Monthly surcharge: r— BOD (per pound) 300 or less MPL' Included in charge for 16-3A-4 100 cubic feet of water used Ordinance No. Page 16 r Manufactured housing park, monthly $33.36 minimum per lot Holding tank waste - plus landfill fees$0.032 per gallon Holding tank waste hauler - annual $907.00 per year permit Deposit and delinquency fee for combined city water and/or sanitary sewer and/or solid waste collection accounts: 16-3A-4 ---I16-3A-4 16-3A-4 16-3A-4 16-3A-4 16-3A-4 Residential owner account, per $0.00 combined residential service for city water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per $120.00 combined residential service for city water and/or sanitary sewer and/or solid waste collection service r- 5 percent delinquency charge on Fonce nt current billed current billed portion of the outstanding an be waived amount on combined water and/or ry 12 months. sanitary sewer and/or solid waste 6-3A- pound) from 301 MPL to � $0.284 2r,OD 2,000 MPL' BOD (per pound) greater than 2,000 $0.425 MPL' — Suspended solids (SS) (per pound) $0.227 Monthly minimum, unmetered user $33.36 Manufactured housing park, monthly $33.36 minimum per lot Holding tank waste - plus landfill fees$0.032 per gallon Holding tank waste hauler - annual $907.00 per year permit Deposit and delinquency fee for combined city water and/or sanitary sewer and/or solid waste collection accounts: 16-3A-4 ---I16-3A-4 16-3A-4 16-3A-4 16-3A-4 16-3A-4 Residential owner account, per $0.00 combined residential service for city water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per $120.00 combined residential service for city water and/or sanitary sewer and/or solid waste collection service r- 5 percent delinquency charge on Fonce nt current billed current billed portion of the outstanding an be waived amount on combined water and/or ry 12 months. sanitary sewer and/or solid waste 6-3A- Ordinance No. Page 17 accountthat is not paid within 22 days of billing date ------ ------ — ----- - - - - - - - - ------------ -- Delinquency deposit fee for combined city An amount equal to an 16-3A-5 water and/or sanitary sewer and/or solid average 2 -month billing waste collection accounts for the delinquent account. Can be waived if the account holder enrolls in SurePay. Note: -- -- - _ - 1. Milligrams per liter (MPL). 3. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 5, entitled "Solid Waste Disposal," of the City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-5: SOLID WASTE DISPOSAL': Description Of Fee, Charge, Bond, Fine Or Penalty Yard waste collection fees": Per dwelling unit, per month r F Income Discount Charge I $2.00 --- -- --- -- � 75% of monthly charge r— -- — --- ----- --- -- -- Untreated wood waste Free Collection of large items fees: Appliance collection, per item collected 20.00 Bulky solid waste $12.50 per stop and 1 item; $6.00 per additional items Ordinance No. Page 18 r Tire collection $3.75 per tire; $7.50 fire and rim Residential solid waste collection fees: Curbside household refuse: rT Per dwelling unit, per month 12.00 Low Income Discount 75% of monthly charge Per sticker for each additional bag beyond $2.50 each each unit's monthly allotment Additional refuse carts over 1, per month $12.00 each Per 2 rooming units, per month (in addition �$15.90 to the dwelling unit fees) Electronic waste �rCu���rrbside recycling: rl Per dwelling unit, per month I I Low Income Discount Iowa City community compost Wood chip mulch Ns or monitors less than 18 inches $18.50 per item; TVs or monitors 18 inches or greater $23.50 per item — -- ----- ----- --------- $5.10 �75% of monthly charge $20.00 per ton, $2.00 minimum Deposit and delinquency fee combined for city water and/or sanitary sewer and/or solid waste collection accounts: $10.00 per ton, $2.00 minimum Ordinance No. Page 19 Residential owner account, per combined residential service for city water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined $120.00 residential service for city water and/or sanitary sewer and/or solid waste collection service 5 percent delinquency charge on current billed 5 percent current billed portion. Can portion of the outstanding amount on be waived once every 12 months. combined water and/or sanitary sewer and/or j solid waste account that is not paid within 22 days of billing date Delinquency deposit for combined water and/or An amount equal to an average 2 - sanitary sewer and/or solid waste collection month billing for the delinquent service account. Can be waived if the account holder enrolls in SurePay. Special wastes disposal fees: T r- - ---- — - Disposal of special wastes (except for 2 times the landfill use fees in this asbestos containing material and section contaminated soils) r— Minimum fee 2 times the landfill use fee for 1 ton Asbestos containing material (ACM): � � Nonfriable ACM, from Iowa City premises $100.00/ton subject to a property tax and city owned property } I r Nonfriable ACM, from other locations $105.00/ton Friable ACM, from Iowa City premises $100.00/cubic yard subject to a property tax and city owned j property i Ordinance No. Page 110 Friable ACM, from other locations $105.00/cubic yard Minimum fee for any regulated ACM x$100.00 Contaminated soil: $15.00/ton T['M71n'mum fee for contaminated soil $150.00 Disposal of large items fees (see also Collection of large items fees above): — Appliance disposal fees: r FFommercial per item disposed [$1.00/cubic foot Residential per item disposed Tire disposal fee: r Per pound 'T[Subject to minimum fee Untreated wood waste and yard waste: Minimum Landfill use fees: r Arriving at the landfill with an unsecure uncovered load: $12.50 (at landfill scale house) 1$3.00 $24.00/ton --- - $2.00 d or First instance in trailing 12 months I Warning Ordinance No. Page 111 4. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 6, entitled "Stormwater Utility Fee," of the City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-6: STORMWATER UTILITY FEE: Amount Of Fee, Charge, Description Of Fee, Bond, Charge, Fine Or Penalty Bond, Fine Or Penalty Second or subsequent instances in trailing $50.00 12 months Electronic waste $3.00 per item; TVs or monitors less than 18 inches $12.00 per item; TVs or monitors 18 inches or greater $17.00 per item Solid waste from Iowa City premises subject to a property tax and city owned property: r Total landfill fee per ton (includes state fee $42.50 perton) — All other solid waste: r -F Total landfill fee per ton (includes state fee per ton) $47.50 fee in lieu of tonnage fees (300 FMinimum pounds or less): ! Solid waste from Iowa City premises subject to a property tax and city owned property —F All other solid waste 4. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 6, entitled "Stormwater Utility Fee," of the City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-6: STORMWATER UTILITY FEE: Amount Of Fee, Charge, Description Of Fee, Bond, Charge, Fine Or Penalty Bond, Fine Or Penalty Ordinance No. Page 112 Stormwater utility fee. Users include all users owning or r1 equivalent residential unit occupying developed property in the city of Iowa City (ERU) _ $4.50 Low Income Discount 60% of monthly charge 5. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article A, entitled "General Provisions," Section 5, entitled, "Establishing City Utility Accounts; Deposits Required," of the City Code is hereby amended by deleting it in its entirety and replacing it as follows: 16-3A-5: ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED: 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. B. Required deposits shall be held until service is terminated and the account closed. At such time, the amount of the deposit shall be credited to the account or refunded to the account holder if the account is closed and paid in full. C. Upon reestablishing one or more accounts as set forth in subsection A of this section, the person establishing the account(s) shall be required to make an account deposit for city services. The amount of the deposit shall be as established 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. D. A delinquency deposit may be charged upon repeated delinquency of any water, wastewater or solid waste service account. Upon the occurrence of a second delinquency charge within the last three hundred sixty-five (365) day period, the account holder shall be required to make a combined deposit equal to the average two (2) month billing for the account holder's account. The average two (2) month billing shall be based upon the actual billings during the prior twelve (12) month billing periods. If the account holder already has a combined deposit on file with the city, that deposit amount will proportionally reduce the delinquency deposit. The delinquency deposit can be waived if the account holder enrolls in SurePay. E. Delinquency deposits shall be held either three hundred sixty-five (365) days after the deposit was paid or three hundred sixty-five (365) days after the last occurrence of a delinquent account charge, whichever occurs last. At such time, the deposit shall be credited to the utility account. If service is terminated within three hundred sixty-five (365) Ordinance No. Page 113 days of the delinquent account charge, the deposit shall be credited to the account or refunded if the account is paid in full. F. Prior to establishing an industrial water service account, the person establishing the account shall first execute a written agreement with the department of public works. Such accounts shall be governed by chapter 3, article F, 'Wastewater Treatment Works User Charges", of this title. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect July 1, 2018. Passed and approved this day of 2018. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton First Consideration 03/20/2018 Vote for passage: AYES: Salih, Taylor, Thomas, Throgmorton, Botchway, Cole, Mims. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published that the