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
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ase
236 /206
PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT PLAN
LINDEMANN SUBDIVISION PART EIGHT
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LANDSCAPE AND SENSITIVE AREAS DEVELOPMENT PLAN
LINDEMANN SUBDIVISION PART EIGHT
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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
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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
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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
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Prepared by: Jacklyn Budding, Budget & Compliance Officer, 410 E. 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