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HomeMy WebLinkAbout2018-04-02 OrdinancePrepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ1 &00001) Ordinance No. 18-4743 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 S00051'33"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 N39035'35"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 N40026'10"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 N88°27'58"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 S01°32'02"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 S88027'58"E, Ordinance No. 18-4743 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 N01037'31"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 S01 °32'18"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 Il. Zoning Map. 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 )nd day of April 20 1� Mayor Approved by: Attest City Clerk 61 ���City Attorney's Office Ordinance No. 18-4743 Page 3 It was moved by Mims and seconded by Thomas that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: X x Y x x x ABSENT: x First Consideration 03/20/2018 Vote for passage: AYES: Mims, Salih, Taylor Botchway Cole Mims Salih Taylor Thomas Throgmorton Thomas, Throgmorton, Botchway, Cole, NAYS: None. ABSENT: None. Second Consideration ------- Vote for passage: Date published 04/12/2018 Moved by Mims, seconded by Taylor, that the ru.e 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: Cole, Mims, Salih, Taylor, Thomas, Throgmorton, NAYS: None. ABSENT: Botchway. 9 - NN WOW 3; ' x '1 a 1t _ -\+�K ��-' ! 1'�s zo 6 I. 3 IEy SA f 3 y `e1 1 1 f a hl a i sI Z oma y CUT l�ll y- p yoz 4 y� z zs zn Vi O OCm �pz ?Z� pm � m m m� G) mz Z1 I• aro i ��� i ��!lIIII lJ it STS 3 „� ..a -�7 Z oma y CUT l�ll y- p yoz 4 y� z zs zn Vi O OCm �pz ?Z� pm � m m m� G) mz Z1 I• ..a i 4 cs a I Z oma y CUT l�ll y- p yoz 4 y� z zs zn Vi O OCm �pz ?Z� pm � m m m� G) mz Z1 rr� qis�'—' a;4; " 3 Min "'aj������Q g�®•aa©div; g Q&A 9Fi 6�€ i'i ait�E3§z� A Q Q€ gaQ; QaQ� 8Q 6p9 € - , a Qfp$- a. F x Qg Y$�yyZ� Er� aa�E'sQS sI lip a 3 .iTEi.Ne� . i. QAgC Q6I Qx 8.qg$a ? plu._ • N a[ Q ai.;9E•d�dl a f 6 d1Q a iR� aa'e oz ds 1 ja= j P¢p9® g�®•aa©div; g ? NBC] ! 9Fi 6�€ i'i ait�E3§z� A Q Q€ 11 E Qfp$- Q !' (n m m Hba qC r mz€Aoo Y$�yyZ� zz To: Planning and Zoning Commission Item: REZ18-0006/SUB18-00001 Lindemann Subdivision Part 8 GENERAL INFORMATION: Applicant: STAFF REPORT Prepared by: Bob Miko and Sylvia Bochner Date: February 15, 2018 Allen Homes, Inc. P.O. Box 3474 Iowa City, IA 52244 319-530-8238 319-337-4610 Contact: Ron Amelon, MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 319-351-8282 r.amelon@mmsconsultants.net Property Owner: Charles and Phyllis Lindemann Revocable Trust, Lindemann, Robert G., and Ruth Geraldine Kabala Residuary Trust P.O. Box 3474 Iowa City, IA 52244 Requested Action: Approval of a preliminary plat and OPD plan Purpose: To allow for the development of a 39 -lot residential subdivision including 36 single family lots and 3 lots with 41 townhouse style dwellings. Location: South of Lower West Branch Road SE and north of Anna Street Size: 20.24 acres Existing Land Use and Zoning: Undeveloped, OPD -5 and OPD -8 Surrounding Land Use and Zoning: North: Residential (County R and A) South: Residential (OPD -5 and OPD -8) East: Residential (OPD -8) West: Residential (OPD -5) Comprehensive Plan: Northeast District Plan Neighborhood Open Space District: Lower West Branch File Date: January 11, 2018 45 Day Limitation Period: February 25, 2018 BACKGROUND INFORMATION: In 2001, approximately 95 acres were annexed into the city for the Lindemann Subdivision. Upon annexation, the western 35 acres were zoned Low Density Single Family Residential (RS -5), and the eastern 60 acres were zoned Medium Density Single Family Residential (RS -8). The rezoning was subject to a Conditional Zoning Agreement (CZA) that included requirements for the developer to contribute funds to the City for the reconstruction of Lower West Branch Road to the north of the property; inclusion of a greenway and trail along the stream and wetland corridor, and an interconnected street pattern including future street connections to Lower West Branch Road. A preliminary plat and Sensitive Areas Plan for Lindemann Subdivision with 261 -lots was approved in in 2002. The Sensitive Areas Plan was required due to the presence of wetlands and a stream corridor on the property. This is the reason for the OPD -5 and OPD -8 zoning designation. Since 2002, final plats have been approved for Lindemann Subdivision Parts 3 through 7 and most of those lots have been built upon. The applicant is now requesting approval of preliminary plat and sensitive areas development plan for Lindemann Subdivision Part Eight, the final phase of the overall development. The proposal includes 36 single family lots, 3 lots with 41 townhouse style dwellings, and an outlot for wetland preservation and parkland. The applicant has indicated that they have used the "Good Neighbor Policy" and conducted a good neighbor meeting on January 25. A summary of the report of the meeting is attached. ANALYSIS: Comprehensive Plan: This property is located within the Northeast District. The district plan indicates that the area is appropriate for single family residential uses with townhouses near Lower West Branch Road. The district plan depicts a subdivision with interconnected streets and a linear open space along the stream corridor. The proposed subdivision design, which includes a mix of single family lots, townhouse style multifamily units, and a 5.16 -acre outlot for wetland preservation and open space, is consistent with the concept for this area as shown in the district plan. Zoning Code: The eastern portion of the property is zoned Planned Development Overlay Medium Density Single Family (OPD8) and the western portion is zoned Planned Development Overlay Low Density Single Family (OPD -5). The OPD zoning designation was placed on this property when an OPD plan was approved for the remainder of the Lindemann development because of the presence of wetlands and a stream corridor. The subject area was identified as an outlot for future development, but no specific OPD plan was approved. The applicant is now proposing an OPD plan that includes a total of 41 townhouse style dwelling units on lots 9, 10 and 39. Lots 1 through 8 are single family lots that comply with the RS -5 zoning standards. Lots 11 through 38 are single family lots that comply with the RS -8 zoning standards. General Planned Development Criteria: Applications for Planned Development rezonings are reviewed for compliance with the following standards according to Article 14-3A of the Iowa City Zoning Ordinance. 1.The density and design of the Planned Development will be compatible with and / or complimentary to adjacent development in terms of land use, building mass and scale, open space and traffic circulation and general layout. 3 Density: On Lots 9,10, and 37, the proposed density is approximately 9 units per acre. The overall proposed density, including the area of Outlot A, the single family lots, and Lots 9, 10, and 39, is 4.26 units per acre. The overall density is compatible with the surrounding area and the underlying RS -5 and RS -8 zoning, which allows a maximum density of 5 to 8 units per acre. Land use and layout: The site plan shows 41 townhouse -style units located in 8 buildings. These buildings have frontage on Lower West Branch Road, Kennith Drive, Danielle Street, and Olivia Court, with vehicular access provided from private rear alleys. The private rear alleys for 6 of the buildings surround a rectangular area of open space. The plat indicates that amenities, such as seating and grills, may be provided in this area, which will be addressed in the final plat. Staff recommends that the concept plan showing the amenities be included on the preliminary OPD plan. Mass and scale: The site plan shows 8 townhouse -style buildings with 4, 5, or 6 units per building, with widths of 111.34', 139' or 166.67' respectively. The plat shows that each unit on these buildings will be articulated to help keep these larger buildings in scale with the surrounding neighborhood. There are similar townhouse buildings directly to the east of Lindemann Subdivision. In staffs view the scale and mass of the proposed townhouse buildings is compatible with the existing and proposed residential development. Traffic circulation: The plat includes the creation or extension of three street: Danielle Street, Kennith Drive, and Olivia Court. These streets, along with private rear alleys, will provide sufficient traffic circulation for the Planned Development. 2. The development will not overburden existing streets and utilities. Access to the development will be provided via Lower West Branch Road, along with streets created and extended as part of this subdivision, as described above. These streets will be sufficient to serve the proposed development and utilities will be constructed as part of the subdivision. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development. The proposed planned development is surrounded by other lots to be developed as part of this subdivision. The townhouses will be similar to others that exist in adjacent subdivisions. The buildings will be two stories, similar to single family homes and townhouses in the neighborhood. Both private and public open space is being provided to serve the residents of the development. In staff's view the location, scale, and design of the proposed townhouses is compatible with the larger neighborhood. 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City standards will be in the public interest, in harmony with the purpose of the zoning code and with other building regulations of the City. The applicant is seeking variations in the RS -8 standards to allow multifamily buildings rather than single family dwellings on individual lots and they propose to dedicate 5.16 acres of property to the City for public open space. The plan also includes approximately 3.5 acres of private common open space for use of the residents of the townhouses. In staff's view these variations will be in the public interest by providing usable open space and by providing more diverse housing options in this area. M Subdivision Regulations: The proposed subdivision meets all subdivision standards for street and block design. In staff's view the subdivision design complies with the Neighborhood Design Principles of the Northeast District Plan, including a,variety of housing types, interconnected streets, provision of open space, preservation of wetlands, and a continuation of the trail network along the stream corridor. Environmentally Sensitive Areas: The property contains wetlands and a stream corridor in the area identified as Oultlot A. One of the purposes of the Sensitive Areas Ordinance is to foster urban design that preserves open space and minimizes disturbance of environmentally sensitive features and natural resources. The buffers required by the Sensitive Areas Ordinance are meant to accomplish the goal of preserving the sensitive environmental features. A 100 -foot buffer is required between the wetland and any development activity and a 15 -foot buffer is required between the 30 -foot wide stream corridor and any development activity. The plat includes a stream corridor buffer and the 100 -foot wetland buffer on the east side of Outlot A. These buffers are contained within Outlot A, which will be dedicated to the City. On the west side of the Outlot A, the applicant is requesting that a portion of the wetland buffer be reduced from 100 feet to 25 feet. Section 14-51-6 E.3. of the zoning code allows for consideration of buffer reductions where the wetland is less than 5 acres, does not contained endangered species or plants of regional significance, is not located within a regulated stream corridor, does not contain standing water, is not a forested wetland and does not provide habitat for migratory birds. The applicant has submitted a wetland report indicating that the area for which the wetland buffer reduction is being requested meets these requirements. Staff notes that the wetland near the area where the buffer reduction is being requested was previously disturbed when the sanitary sewer line was installed. A small portion of the buffer will be on lots 6, 7, and 8. At the time a final plat approval a conservation easement will be needed for those areas. Neighborhood parkland: The applicant proposes to dedicate Outlot A, which contains 5.16 acres is to be dedicated to the City for parkland. This will more than satisfy the neighborhood open space requirements. Although Outlot A contains a significant area of undevelopable wetlands, there are areas at the end of Lindemann Drive and Olivia Court that are suitable for active park uses. The Parks and Recreation Commission has agreed to accept Outlot A. Stormwater management: Stormwater will be directed into the exiting stormwater sewers and the creek contained in Outlot A. Stormwater detetention will be provided in the Scott Park detention regional basin, therefore no stormwater detention facilities are required on this property. Infrastructure fees: Required fees include a watermain extension fee of $435 per acre and a sanitary sewer tap -on fee of $1,038.26 per acre. When this property was annexed into the City in 2001 Lower West Branch Road was a county road built for rural traffic. As a condition 1 annexation and zoning the property for development, the applicant agreed to contribute a portion of of the cost of improving Lower West Branch Road to City standards. Payment of these feels will be need to addressed in the legal papers at the time of the final plat. Revised plat: Staff received a revised plat on February 8 and is in the process of reviewing it. We anticipate completing the review before the February 15 Planning and Zoning Commission meeting. STAFF RECOMMENDATION: Staff recommends deferral of this application pending review of the revised plat. Upon resolution of deficiencies staff would recommend approval of REZ18-0006/SUB18-0001, an application submitted by Allen Homes, Inc. for a rezoning and Preliminary Plat and Sensitive Areas 5 Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre residential subdivision located in the OPD-5/OPD-8 zone located South of Lower West Branch Road and North of Anna Street. ATTACHMENTS: 1. Location Map 2. Preliminary Plat/Sensitive Areas Development Plan. 3. Summary Report Good Neighbor Meeting. Approved by: Department of Neighborhood and Development Services v� SUB18-00001 '� r 0 0.05 0.1 02 ,,,It., Lindemann Subdivision Part 8 Prepared Ry: Sylvia 6ochner, • L+ •. .- .._ V Date Prepared: January 201.8 04, �} ol k ice- `; ,.y' •r -_ - •4 , ti 7 +JF7' 'AAn application submitted by Allen Homes, Inc. Subdivision20.24,• - - • • • • • • • • • WRoad and north of Anna Street r i 4 UMEMNOI SUB.gVngN.PMT D 233 PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT PLAN LINDEMANN SUBDIVISION PART EIGHT IOWA CITY. IOWA MureTamt0� 233 296 Y /206 A n 2M 221 "a y 203 1 204 I 205 1 202 1 208 I 208 1 202 1 210 I 211 1212 1 2931 295 aw.an.� 4433MI AREAS OEALOPIB2RN1 LINDEIMNN SUBDIVISION PMT EIGHT tlW. [YIv gq 233 296 Y /206 A n 2M 221 "a y 203 1 204 I 205 1 202 1 208 I 208 1 202 1 210 I 211 1212 1 2931 295 aw.an.� 4433MI AREAS OEALOPIB2RN1 LINDEIMNN SUBDIVISION PMT EIGHT tlW. [YIv gq 11OVA Lwxws wovnm 9MW014� LANDSCAPE AND SENSDNE MEAS DEVWM WPLA1 LANDSCAPE AND SENSITIVE AREAS DEVELOPMENT PLAN LINDEMANN SUBDIVISION PART EIGHT IOWA CITY, IOWA viggn em�nml re .ec �s — INLSI 11OVA Lwxws wovnm 9MW014� LANDSCAPE AND SENSDNE MEAS DEVWM WPLA1 SITE GRADING AND EROSION CONTROL PLAN AND SENSITIVE AREAS LINDEMANN SUBDIVISION PART EIGHT IOWA CITY, IOWA �e�rieac un nwty .woa.umw a...w�n.varvele SIZE 9PImme 9mNIIImIHM /I03919111EAM PMT EI PMT .euTx�ruE�f n 1 a SITE GRADING AND EROSION CONTROL PLAN AND SENSITIVE AREAS LINDEMANN SUBDIVISION PART EIGHT IOWA CITY, IOWA �e�rieac un nwty .woa.umw a...w�n.varvele SIZE 9PImme 9mNIIImIHM /I03919111EAM PMT EI PMT .euTx�ruE�f n 1 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION FEBUARY 15, 2018 — 7:00 PM — FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Phoebe Martin, Mark Signs MEMBERS ABSENT: Max Parsons, Jodie Theobald STAFF PRESENT: Wendy Ford, Sara Hektoen, Karen Howard, Stan Laverman, Bob Miklo OTHERS PRESENT: John Yapp, Kevin Digmann, Nick Psihayos RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-0 the Commission recommends approval of REZ18-0006/SUB18-0001, an application submitted by Allen Homes, Inc. for a rezoning and Preliminary Plat and Sensitive Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre residential subdivision located in the OPD-5/OPD-8 zone located South of Lower West Branch Road and North of Anna Street. By a vote of 5-0 the Commission recommends approval of the amendments to Title 14, Zoning Code, and Chapter 17-5, Housing Code. By a vote of 5-0 the Commission recommends to forward a written recommendation to the City Council stating that the Foster Road Urban Renewal Plan conforms to the Iowa City Comprehensive Plan, and conforms with the general plan for the development of the City of Iowa City. CALL TO ORDER: Freerks called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. --> DEVELOPMENT ITEM/REZONING ITEM (REZ18-00006/SUB18-00001): Discussion of an application submitted by Allen Homes, Inc. for a rezoning, Preliminary Plat and Sensitive Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre residential subdivision with 36 single family lots and 41 townhouse style multifamily dwellings located in the OPD- 5/OPD-8 zone located South of Lower West Branch Road and North of Anna Street. Miklo showed an aerial of the area. This area was annexed into the City in 2001 and zoned RS - 5 (Low Density Single Family Residential) and RS -8 (Medium Density Single Family Summary Report for Good Neighbor Meeting Project Name: Lindemann Subdivision Part Eight Meeting Date and Time: Jan. 25th at 5:30 Meeting Location: St. Patrick's Church 1 r i CITY OF IOWA CITY Location: Lower West Branch Road Names of Applicant Representatives attending: Jesse Allen & John Yapp Ron Amelon & Gina Landau Names of City Staff Representatives attending: none Number of Neighbors Attending: 23 Sign -In Attached? Yes X No General Comments received regarding project (attach additional sheets if necessary) Attendees were pleased that the density will remain virtually the same with the new OPD zoning They were happy that stormwater will be addressed and follow the city regulations Wetlands will remain untouched/preserved As many trees as possible will remain when site is being graded Inquiries as to when construction would begin for infrastructure and then for foundations/approval timeline Townhouse design is good and liked the colored elevations Jesse brought as an example Concerns expressed regarding project (attach additional sheets if necessary) - Townhouses - Where do front doors & garages face? Will they be 2 story? For sale or rent? Concern about where the site drains to, wetland preservation, keeping as many trees as possible Lot sizes too small & questioning price point on single family Will Centurylink provide phone service? Some surrounding homeowners couldn't get it Any low income planned? Meth lab was discovered last year in the area Low water pressure on Hummingbird, want to make sure there is enough to handle this dev. Will there be any changes made to the proposal based on this input? If so, describe: None planned at this time Staff Representative Comments Planning and Zoning Commission February 15, 2018 — Formal Meeting Page 2 of 21 Residential). In 2002 in was rezoned and a preliminary plat was approved for the Lindemann Subdivision, the rezoning was to Planned Development Overlay (OPD) to address the sensitive areas on the property which included wetlands and a stream corridor. At that time this portion of the property was platted as an outlot for future development and although it has the Planned Development Overlay designation there wasn't a specific plan approved or plat approved for this portion of the property. Miklo said that the current application is to amend the zoning to approve a specific Planned Development Overlay Plan and also to approve the preliminary plat for the property. Miklo stated that the western part of the property zoned RS -5 would contain single family lots, the center of the property that contains the stream corridor and associated wetlands, is partially zoned OPD -5 and partially zoned OPD -8 and would be dedicated to the City for park land and wetland preservation. The eastern portion zoned RS -8 and has the OPD over it will contain several single family lots plus townhouses that would be clustered in the northeast area. That will be due to transferring some of the areas from the sensitive areas over to this area. Miklo noted that the staff report reviews all the conditions and criteria to be reviewed for Planned Development Overlay and staff finds that this application meets those conditions and criteria. Miklo reiterated that the sensitive areas are being set aside into an outlot, there is a buffer reduction requested along the west side where normally a 100 foot buffer would be required, but they are asking in places for the buffer to be reduced down to 25 feet but would be 100 feet in other areas. Miklo explained that in this area the wetland was previously disturbed for the extension of a sewer line through the area and this portion does meet the test for wetland buffer reduction. Stormwater management is provided through a regional management system in Scott Park, however they will be installing storm sewer and directing the storm sewer towards the creek or existing storm sewer systems in the adjacent streets. Miklo stated there are infrastructure fees associated with this application including a watermain extension fee, a sanitary sewer tap -on fee, and fees towards the improvements to Lower West Branch Road. Staff did receive a revised plat for this application this week and all the technical questions identified by the City Engineers have been satisfied. Staff recommends approval of REZ1 8- 0006/SUB1 8-0001, an application submitted by Allen Homes, Inc. for a rezoning and Preliminary Plat and Sensitive Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre residential subdivision located in the OPD-5/OPD-8 zone located South of Lower West Branch Road and North of Anna Street. Freerks asked about the 3.5 acres of private common open space. Miklo noted that is a mistake, the 3.5 acres is the entire lot and the private open space is just the center which is roughly half an acre. Freerks questioned if there were any steep or critical slopes in this area. Miklo replied that there are no regulated slopes that require review. Hensch asked about the buffer in the wetlands area. Miklo stated that the ordinance requires a 100 foot buffer from any jurisdictional wetland, but if the wetland is not associated with endangered species, unique wetland plants, doesn't contain water for long periods throughout Planning and Zoning Commission February 15, 2018 — Formal Meeting Page 3 of 21 the year, and is not associated with the stream corridor then the applicant can seek a buffer reduction. Miklo noted that the eastern part of this wetland is associated with the stream corridor and will contain the full buffer but the western portion where they are seeking the reduction is outside the stream corridor. Therefore the City is allowed to reduce the buffer down to 25 feet, however the Commission can choose to require the full buffer. Staff felt it was a reasonable request given the wetland has already been modified for the sanitary sewer installation. Hensch asked if the Commission doesn't approve the reduction, how the plan would be altered. Miklo said if the reduction was not granted the cul-de-sac would have to be pulled back further west so there would be fewer lots. Dyer pointed out there are two cul-de-sacs in this plan and it seems like an awfully long drive to get to the one on the west. Miklo said they had looked at that and the other option was to go through the wetland to connect the cul-de-sac or continue north to Lower West Branch Road and Staff felt it is more important in this situation to protect the wetlands than to connect the streets. He added it is less than 900 feet which is the City maximum for cul-de-sac length. If there weren't already other lots established in the area there may have been other options. Freerks asked how the wetlands buffer preservation will happen when on private lots. Miklo said those will be placed into a conservation easement. Freerks opened the public discussion John Yapp (Allen Homes, Inc.) stated the plan includes single-family and townhouse properties, and the single family lots will be slightly smaller than lots to the south as they are a bit narrower but is balanced by the large amount of open space in the development. There will be a little over five acres donated to the City and little over half an acre in the courtyard of the townhouse lot. The overall density is a little over four units per acre. Yapp noted they held a neighborhood meeting a couple weeks ago, some of the concerns of the neighbors were what the townhouses would look like. Another concern was the lot sizes on the Lindemann cul-de-sac so they adjusted their plans and made two of the lots slightly bigger (lots 7 & 8). Yapp stated they are including the trail that will extend to Lower West Branch Road and complete the trail system from Lower West Branch Road to Court Street. As Miklo noted they are requesting a reduction in the wetland buffer along the west side of the wetlands which is in an area previously disturbed by the sewer line and in an area where the trail will be. He added that it is not disturbing the wetland, just reducing the buffer. Yapp noted that this area was previously farm wetland and does not contain the types of plants or wildlife that would disallow reducing the buffer. Yapp stated they do have interconnected streets except for as noted the two cul-de-sacs and that was to avoid crossing the creek and disturbing the wetland. Anna Drive, the street just to the south, does provide a bridge over the creek. Yapp stated that MMS Consultants did produce a water pressure study to show the water pressure is adequate for this development (which was another concern raised at the neighborhood meeting). Another concern from the neighbors was the lack of Century Link service on the north end of Lindemann Drive specifically. Yapp and Jesse Allen met with a representative from Century Link yesterday to discuss this project and the existing areas to the south and will work with them to bring fiber to the neighborhood. Century Link is very reluctant to install copper or phone line because the number of customers that use that is dropping off, but they are willing to invest in fiber. Planning and Zoning Commission February 15, 2018 — Formal Meeting Page 4 of 21 Yapp next showed images of the townhouse styles they are proposing. They feel they will have variation in the townhomes both vertically and horizontally with the roof lines, stoops, how far back the front doors are, sizes of the townhouses, and changes in colors. He showed an example of the courtyard in the middle of the property. There is also variety in the backs of the units, some have decks over the garages with patio doors that go into the units, some will be smaller and instead of a deck there is a three -season room next to the garage. Dyer asked in the courtyard if there would be any amenities. Yapp replied they will include a gazebo and seating and grilling areas and have submitted a concept plan with those amenities. Hensch asked about the wetland buffer and if the wetland area buffer could be larger if those adjoining lots were decreased a bit. Yapp replied it is a balancing act in trying to meet City Code, goals of the Comprehensive Plan and also trying to meet approval of neighbors. In this case a couple of the lots were smaller and several neighbors requested the lot size be increased to be more consistent with others on the street. Signs asked if Scott Park water retention area flooded over Scott Boulevard in the past. Miklo stated he doesn't believe Scott Boulevard ever flooded over, it has been full with water but has not gone over the street. Martin confirmed that she lived in the area in 2008 and it did not go over the street. Hensch asked if there has been water issues with the neighborhood to the south. Miklo is not aware of any issues. Freerks closed the public hearing. Signs moves to recommend approval of REZ1B-0006/SUB18-0001, an application submitted by Allen Homes, Inc. for a rezoning and Preliminary Plat and Sensitive Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre residential subdivision located in the OPD-5/OPD-8 zone located South of Lower West Branch Road and North of Anna Street. Martin seconded the motion. Hensch noted that it probably doesn't make a difference on this application but shared an overall concern of reducing wetlands buffers as it was also part of another recent application and the idea of the buffer is to slow down water and keep areas intact. He shared concerns about water quality, erosion and wet neighborhoods. Freerks agreed but was happy to see the exchange of land to the City in this proposal and that will help to protect the wetlands. Dyer added her concern about building on the narrowed buffer. A vote was taken and the motion passed 5-0. REZONING ITEM (REZ18-00003): Discussion of an application submitted by Hodge Construction for a rezoning of approximately 1.1 acres from Intensive Commercial (CI -1) zone to Riverfront Crossings - Central Crossings (RFC -CX) zone for property located at 225 & 225 % E. Prentiss Street. Miklo began the staff report noting the location of the property as south of Prentiss Street and east of Ralston Creek, it is currently zoned Intensive Commercial which does not allow any Kellie Fruehling From: John Yapp <johnyapp.alien homes@gmail.com> Sent: Thursday, March 22, 2018 11:13 AM To: Kellie Fruehling; Bob Miklo Cc: Jesse Allen Subject: Lindemann Subdivision Part 8 zoning and preliminary plat Kellie and Bob - we are formally requesting the second and third readings of Lindemann Subdivision Part 8 be collapsed on the next City Council meeting, and that the preliminary plat resolution also be put on the agenda. Thanks much, John Yapp, Business Development Allen Homes 319-325-1228 (G Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 18-4744 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 -5C, 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 -2A -5,14 -2B -5,14-2C-5, and 14-2E-5, Maximum Occupancy for Household Living Uses, as follows.- The ollows: The residential occupancy of a Household Living Use is limited to one "household" per dwelling unit, as this term is defined in Chapter 9, Article A, "General Definitions", of this Title. The residential occupancy of a Household Living Use is constrained by the provisions of Chapter 17- 5, Housing Code Occupancy of properties that are not in compliance with the minimum zoning code requirements may be limited as set forth in Section 17-5-18S Regulations of Nonconforming Situations. Amend paragraph 14 -2G -3A -2b. (Household Living Uses 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 Chapter 17-5, Housing Code. The maximum number of bedrooms per dwelling unit is three (3). Residential density (units per acre): no maximum. However, in the South Downtown and University 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 -3B -2c. (Household Living Uses in the Central Crossings and Orchard Subdistricts and Eastside Mixed Use District: c. Household Living Uses shall be allowed within permitted building types as specified in section 14-2G-5 of this article. For multi -family uses, the provisions in section 14-413-4 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 4 constrained by the provisions of Chapter 17-5 Housing Code The maximum number of bedrooms per dwelling unit is three (3)., beth:""" s is unreStFieted. Residential density (units per acre): no maximum. However, in the Central Crossings Subdistrict for apartment buildings, multi -dwelling buildings and mixed use buildings the number of three-bedroom units per lot may not exceed thirty percent (30%) of the total number of units on the lot, except for south of the Iowa -Interstate Rail Line, where the number of three-bedroom units for these buildings types may not exceed twenty percent (20%). In the Eastside Mixed Use District and Orchard Subdistrict, the number of three- bedroom units for these buildings types may not exceed twenty percent (20%). Amend paragraph 14 -2G -3C -2a. (Household Living Uses in the Gilbert Subdistrict), as follows; a. Household Living Uses shall be allowed within permitted building types as specified in section 14-2G-5 of this article. For multi -family uses, the provisions in section 14-4B-4 of this Title are superseded by the standards in this article and, therefore, do not apply. Residential occupancy is limited to one "household" per dwelling unit, as this term is defined in Chapter 9, Article A, "General Definitions", of this Title. The residential occupancy of a Household Living Use is constrained by the provisions of Chaoter 17-5 Housing Code The maximum number of bedrooms per dwelling unit is three (3)., Teems 05 "--e-` -`-d Residential density (units per acre): no maximum. However, for apartment buildings, multi -dwelling buildings and mixed use buildings the number of three- bedroom units per lot may not exceed thirty percent (30%) of the total number of units on the lot, except for south of the Iowa -Interstate Rail Line, where the number of three-bedroom units for these buildings types may not exceed twenty percent (20%). Amend paragraph 14 -2G -3D -2a. (Household Living Uses in the West Riverfront Subdistrict), as follows; a. Household Living Uses shall be allowed within permitted building types as specified in section 14-2G-5 of this article. For multi -family uses, the provisions in section 14-4B-4 of this Title are superseded by the standards in this article and, therefore, do not apply. Residential occupancy is limited to one "household" per dwelling unit, as this term is defined in Chapter 9, Article A, "General Definitions", of this Title. The residential occupancy of a Household Living Use is constrained by the provisions of Chapter 17-5 Housing Code The maximum number of bedrooms per dwelling unit is three (3). Residential density (units per acre): no maximum. However, for apartment buildings, multi -dwelling buildings and mixed use buildings the number of three-bedroom units per lot may not exceed thirty percent (30%) of the total number of units on the lot; south of Benton Street, the number of three-bedroom units for these buildings types may not exceed twenty percent (20%). In Section 14 -SA -4, Amend Table 5A-2, Minimum Parking Requirements for All Zones, Except the CB -5, CB -10, Riverfront Crossings Zones, and the Eastside Mixed Use District, as follows; heti ...,h,ae .; Ih m „ Ih.. o unrelated r !add VGPA None required In Section 14-5A-4, Amend Table 5A-3,. Minimum Parking Requirements in the Riverfront Crossings and Eastside Mixed Use Zones, by deleting the minimum parking requirement for Household Living Units for the following building types; cottage home, row house, townhouse, live -work townhouse, and replacing it with the following language. For 1 -bedroom and 2 -bedroom units: 1 parking space plus one additional parking space for each adult occupant beyond 3. For units with 3 or more bedrooms: 2 parking spaces plus one additional parking space for each adult occupant beyond 3 Amend Section 14-4C-ZA, Accessory Apartments, paragraph 1c, (occupancy), as follows: c• Gn prepeFties that eentain an aEeesseFy dwelling unitThe total number of individuals that reside � me in the accessory apartnt ufli*may not exceed two (2). the numbeF allowed fer ene "heuseheld," as this tern is Amend 14 -4C -3B-3, (setbacks for) Attached AccessoryBuildings, byadding the following paragraph d. d. For purposes of determining setbacks garages located in the rear vard and attached to 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 -4,14-1B-4, and 14-1C--4 by adding a new subsection E, Minimum Open Space Requirements, as follows; E. Minimum Open Space Requirements 1. Purpose: The minimum open space requirements are intended to ensure a minimum amount of Private usable open space is provided to support the health well-being and enjoyment 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. 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E N n N O �. n N N N O 0. n e. N n w n o_ IJ "Fo 0 0 0 0 0 0 0 o a o 3 3 CD R. N c w w o o b o m o N o 3 7 0 0 0 o o �. r 07 � m mo ao mo mo mo � care o m � � M C T � 3 fo N 3 N N 3 m 3 � cwi� cwn vwi cwi� cwn vwi cwn � cwn vwi � m � m � ID n N m m C CD �� Df � m tT e Vt o O (.n N Vt m Vt O O � m o n � 3 e y m 0 0 0 0 0 0 0 0 0 o "o e o e e e o e o o e ago �� a � � IN IA fA IN IN IA Ifa IN I= m d I' - � _• C e$ 0 3 c = w Id �o to pp InT to to Id �� cop3L�' lO r Table 2A-2: Dimensional Requirements in the Single Family Residential Zones Maximum Lot Minimum Lot Requirements Minimum Setbacks Building Bulk Coverage Mi_Lr . Zonel Use Lot Areal Lot Max. Min. Total Front Maximum open Size Unit Width Frontage 9 Front (ft.) Side (ft.) Rear (ft) Height Building Width Building Setback # of bedrooms Space sf f.tm ($•f•) (s.f.) (ftd (ft) (fL) O Coverage Coverage per unlill RS- Detached 12 SF, 20 including 5,0008 5,000 458 408 156 5,22 $ee 35 203 50% 50% h/a 500 Zero Lot Note Line I9 20 Duplex 6,000 3,000 55 40 156 5+22 Sea 35 203 50% 50% 4 00/unit Note 9 Attached 3,000 3,000 20/282 20 156 0 or 20 35 183 50% 50% A 450 SF 105 – Other Uses' 5,000 n/a 45 40 20 5+22 20 35 203 50% 50% h/a — fila — RNS- 20 12 Detached SF 5,000 5,000 45 25 156 5+22 See 35 203 40% 50% la 500 ote 9 Duplex 6,000 3,000 45 25 156 5+22 See 35 203 40% 50% 4 300/unit Note 9 MF Uses 5,000 Existing4 45 25 156 5+22 20 35 203 40% 50% 3Other I 5,000 n/a 45 25 20 5+22 20 35 203 40%Uses' — Notes: n/a = not applicable 'Other uses must comply with the standards listed in this table unless specified otherwise in Article 144B. 2 Minimum side setback is 5 feel for the first 2 stories plus 2 feel for each additional story. Detached Zero Lot Line Dwellings must comply with the applicable side setback standards in Article 14-08, 3 A building must be in compliance with the specified minimum building width for at least 75 percent of the building's length. 4 See the Special Provisions of this Article regarding Multi -Family Uses. 5 See applicable side setbacks for Attached SF as provided in Article 1448, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. 6 The principal dwelling must be set back at least 15 feel, 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. r 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). 0 C d� O O 8 c p N o.,� E E o E p W SI Y � C A W d E m rn U f/I _ E i CJ C9jj O V O v d C d ~ = o m N E. .CCS m c t � �m3-- d m' O N v � T E.a s {L u ¢ (D E 0 N 49 CI _ Y d C d a 0 o e o e 47 e o e 3 � � 0 In 0 u� (� J 0 In 0 In 0 In `y E C d C � _ N N 4) a w .0 N A F' 0 C d� O 8 c p p W SI O f/I CJ C9jj O E. .CCS r -E E.a CI _ Y d C d 0 0 o e o e o e o e 12 lyo a y u o o 0 In 0 u� 0 �n 0 u� 0 In 0 In 0 In 0 �n 0 .n U o V J _ 12 «� y E a _' c o' n' 0 O O O O O O O O O O U Y �$ rn E v Rd' =V1I Z1 ,d N N N i.Al ZI h d E a C {L W a ci C li wa E y b jn N J W Y w S o O a d o Q C O S S d 0 0 E g_ M M M ��N N �¢ M m m~N a C uooi S_ O a I••• 16tD [+J OJ m LLi Y'J C1 Y'J A d 'Upl 1O F cr d b d LL N N c o r c0 .y a N `y c d E c O CAO N.S 0 atq amu_ CD J Z d O tq 0 N:7 w 0 LL < y N $ W � o N F � 0 -77 Q A y= G 0 M� y O < N N O � C r' p p N N y tz 3= �' p �= 3= a= <C. = pI 3= T 2 =� (0 T mad 5"= O G ti I °� d of a n ni rj Cn 0 lT OI tT CT CT (T f.T O CT O N CT O O Cn CT y n O H o s O o o s (pT O O O 4 0 pl DN F,W Q N n } N N m Q N Z, m'1 O N O m Q N mm mm m a+ mm �m �° m tD �° O f m oO o0 0 of am -• �_ m 3 C oniv� m w � R• w 19 > O > O > O > O J O O A A A N A A C C N rf 0 Cpd •w �. Iy _ I T _ IST _ Il E0 0 0 0 0 0 0 �olm Im holm I o o � Q r� y y o 0 D. d MM C sp P x o e o o e o 0 0 o e e o 0 y E o am ' - m m r o 0 0 0 0 0 mG o e o o e 0 e 0 o 0 0 0 0 0 0 o 0 e 0 0 c � m e e � m� m 'c (A cn N Ipi W IOl I� N Id I3 W IA IA IN` IN n 6 C A m Wm 3 m o m3o m3" to O I� to ►� sly �o lT I6 3 s 3 A building must be in compliance with the specified minimum building width for at least 75 percent of the building's length. See applicable side setbacks for Attached SF as provided in Article 144B, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. 5 The principal dwelling must be set back at least 15 feet, except on lots located around the bulb of a cul-de-sac; on such lots the principal dwelling must be set back at least 25 feet. On all lots, garages, both attached and detached, must be set back as specified in Article 1441C, Accessory Uses and Buildings. 6 Minimum lot width is 20 feel for attached units on interior lots and 28 feel for end lots in a row of attached units. When only two units are attached, lots must be 28 feet wide. rlf 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 -0A, Minimum Lot Requirements). sAdditional height restrictions may apply on properties adjacent to Single Family Zones or Single Family Uses (See Subsection 14-2BAC, Building Bulk Regulations). sSee the Special Provisions of this Article regarding minimum lot area oer unit reouirements in tha RNs -9n z„no Amend Tables 2B-3 and 2C -2(c), as follows Table 2B-3: Maximum Density Standards for Multi -Family Dwellings in Multi-Famil Zones' Zone RM -12 RM -20 & RNS- RM -44 PRM 20 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-familydwellingunit 3 3 3 3 Minimum bedroom size' Loo—sq--ft 100 sq. ft. 100 sq. ft. 100 sc. ft. Notes: 'New bedrooms must be a minimum of 100 square feet in size However, for purposes of the provisions within this table, any existing habitable room that is larger than 70 square feet in size with a horizontal dimension of at least 7 feet, that meets the egress requirements as specified in the Building Code, and is not a typical shared living space, such as a living room, dining area, kitchen, or bathroom ieay, will be considered one ermare a bedrooms. Bedrooms that exceed 225 square feet in size or have any horizontal dimenslon greater than 16 feet shall count as two or more bedrooms as determined by the Ch. The maximum number of bedrooms may be further constrained by the provisions of the Chapter 17-5. Housin Code. I ante z0•z c : Maximum Density Standards for Multi-FamilyDwellings in Commercial Zones' Zone I CO -1, CC -2, CN -1 and I CB -5 and C13-10 12 Minimum bedroom size' 100 sg. it. 100 so. ft 100 sq. ft. Naies•iNa , hnd.M«,....,...,. 1__ _ ..__ _ ons lino habitable room that is larger than 70 square feet in size with a horizontal dimension of atle least 17 feet, thlattmls table, eets the equirements as specified in the Building Code, and is not a typical shared living atspace, such as a living room, dining area, L25' r bhroom racy will be considered eaear a ere a bedrooms, >25 seuare feet in size or have anv horizonfnl dlmoncf"n • Bedrooms that Amend paragraphs 14 -2A -4B -46,;14 -26 -4B -4b, and 14-2C-4B-4b.(Bui/ding features permitted within required setback area), as follows; Gevered 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 norches - --- --- �� iccr rrom me rear lot line. The standards for uncovered decks and patios are specified in Chapter 4, Article C, "Accessory Uses and Building", of this Title. Levered Enclosed porches, covered decks, and covered patios that are attached to an accessory building must comply with &Wsfor 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; 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 Iona term residential living with each dwelling unit containiags its own facilities for living, sleeping, cooking and eating meals, and with all spaces within the unit open to the entire household. !he dwelling or dwelling units are designed for residential living and an accesso use shall be seconds to the use of the property as a residence. Tenancy is icall 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 tmclency or 1•Bedroom 2,725 Unit 435 There is no minimum lot Minimum Lot Two- area per unit standard. Area per Unit Bedroom 2,725 However, the number of (in square feet) Unit 875 3 -bedroom units per lot Three- may not exceed 30 Bedroom2 725 percent of the total 1,315 Unit number of units on the lot. aximum # of bedrooms per „ Minimum bedroom size' 100 sg. it. 100 so. ft 100 sq. ft. Naies•iNa , hnd.M«,....,...,. 1__ _ ..__ _ ons lino habitable room that is larger than 70 square feet in size with a horizontal dimension of atle least 17 feet, thlattmls table, eets the equirements as specified in the Building Code, and is not a typical shared living atspace, such as a living room, dining area, L25' r bhroom racy will be considered eaear a ere a bedrooms, >25 seuare feet in size or have anv horizonfnl dlmoncf"n • Bedrooms that Amend paragraphs 14 -2A -4B -46,;14 -26 -4B -4b, and 14-2C-4B-4b.(Bui/ding features permitted within required setback area), as follows; Gevered 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 norches - --- --- �� iccr rrom me rear lot line. The standards for uncovered decks and patios are specified in Chapter 4, Article C, "Accessory Uses and Building", of this Title. Levered Enclosed porches, covered decks, and covered patios that are attached to an accessory building must comply with &Wsfor 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; 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 Iona term residential living with each dwelling unit containiags its own facilities for living, sleeping, cooking and eating meals, and with all spaces within the unit open to the entire household. !he dwelling or dwelling units are designed for residential living and an accesso use shall be seconds to the use of the property as a residence. Tenancy is icall 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. 3. 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 orooertv shall remain secondary to the nrinripal use of the oronedyfor 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. Anny Single Family Dwelling or dwelling -unit within a Two Family Dwelling where there is more than one residential lease issued l2er unit or where there are locks installed on bedroom doors through which one resident -nay prevent other residents from entering his/her private room(s) when he/she is not physical present is classified as a Group Living Use unless the dwelling meets the 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". Tenancy is arranged on a month-to-month basis, or for a longer period. Group Living structures contain individual, grivate 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 with FlrtW,+ o w - areas +oFresaa rnv. Bathrppm facilitioe Mo" V.o ......s,. 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: ollows. 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 faff* 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 111111:111 Rillill r , aney n „ , r r ROOMER: An individual who leases and resides within a rooming unit of a Group Livino Use. Aresiden e���- Staff, including live-in staff of an assisted group living use, are not considered "roomers". ROOMING HOUSE: Any dwellin, , containing two ene-or more rooming units in which space is let by the owner or operator to four or more roomers. A rooming house is categorized as an Independent Group Living Use. ROOMING UNIT: Any habitable room or group of adjoining habitable rooms that form a single, rivate residential unit intended to be used primarily for living and sleeping, but not for cooking, located within a group living use. Amend Chapter adding Housing, by adding a a Housing Code, Section 18, Minimum Structure Standards forA/l Renta/ follows new subsection S, entified, Regulation ofNoncomp/iant Situation, as S. Regulation of Noncompliant Situations I. 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 propertyJs 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-familydwelling 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 js not feasible to fully meet the open sace standard due to existin 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 er-dupie*. Amend Chapter 17-5, Housing Code, Section 18, Minimum Structure Standards forA// Renta/ Housing, paragraph L, 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 Mace that exceeded this percentage cap urior to January 1 2018 may continue to be used as bedrooms ace. However, additional bedrooms ace may not be added unless the unit is brou ht 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 2nd day of April 2018 Ma r Attest: r� Cit Clerk 18 �-Appi'oved by D- 6lty Attomeys Office Ordinance No. 18-4744 Page 19 It was moved by Mims and seconded by Thomas Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x Botchway x Cole x Mins x Salih x Taylor g 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 04/12/2018 that the Moved by Mims, secon e y ay or, afiring ordinances to be considered and voted on for passage at two Council meeting prior to the meeting at which it is to be finally passed be suspended, the second considerationand vote be waived and the ordinance be voted upon for final passage at this time. AYES: Taylor, Thomas, Throgmorton, Cole, Mims, Salih. NAYS: None. ABSENT: Botchway. r 04-02-18 CITY OF IOWA CITY 6c MEMORANDUM Date: February 15, 2018 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Re: Zoning Code amendments to address changes to state law regarding occupancy of residential dwellings Introduction: In April 2017, the state legislature adopted a law to prohibit municipalities, after Jan. 1, 2018, from enforcing any regulation that limits occupancy of rental property based on the existence of familial relationships. Controlling occupancy is particularly important in college towns, such as Iowa City where there is a high demand for student rental housing in neighborhoods close to campus. Without reasonable controls on occupancy, singles, couples, families, and retirees have a difficult time competing with groups of students for available single family homes and duplex units, which can instead be rented and operated as de facto rooming houses with new students moving in and out on a yearly basis. Establishing a balance between short term rental opportunities for students and long term housing options for more permanent residents has always been a challenge in Iowa City's central neighborhoods, which has now been made more difficult by this change in state law. In December, as a first phase of the effort to address this issue, the City Council adopted changes,to the Housing Code. These changes include a cap on the number of single family and duplex rentals allowed in neighborhoods close to the UI campus, a limit on the amount space within a dwelling that can be used as bedrooms, and a requirement for a minimum amount of shared living space (living, dining, kitchen areas) within the dwelling based on the number of bedrooms in the unit. In addition, a number of other requirements and enhanced enforcement procedures were added to improve the safety and security of dwelling units in anticipation that occupancies will increase. As a second phase of this effort, changes to the zoning code are proposed, as described in this memo. Background: In the Iowa City Zoning Code, residential uses are classified as either "Household Living Uses" or "Group Living Uses." Household Living Uses include Single Family, Two Family (duplexes), and Multi -Family Dwellings. One "household," as defined in the code, is allowed within each of these types of dwelling units. In simplified terms, a household is currently defined as a single person, or a family with up to one roomer, or a group of no more than 3 unrelated persons. Group Living Uses are characterized by the residential occupancy of a dwelling by a group of people who do not meet the definition of a household. Group Living Uses contain private rooming units that provide facilities for living and sleeping, but not for cooking, and may contain shared living spaces. Group Living Uses include rooming houses, group care facilities, nursing homes, assisted living facilities, fraternities and sororities, and similar. Page 2 Household Living is distinguished from Group Living in that members of a household live together as a single housekeeping unit where the responsibilities and expenses of the household are shared. For example, household members typically share food, household supplies, vehicles, and all areas of the home are open to all members of the household. In contrast, in a Group Living Use, such as a rooming house, individuals have their own private living space and do not typically share household expenses, supplies, vehicles, and the like. Since Group Living Uses tend to be larger in scale and occupancy than single family dwellings or duplexes and typically need more space for parking, they are only allowed in higher density multi -family and mixed-use zones. However, by eliminating the typical means of defining a "household"(by familial status), it is much more difficult to determine whether a use is a Single Family Use or whether it is a roominghouse. In other words, if an unlimited number of individuals can rent a single family house, when is it no longer a single family use? At what point does it become a rooming house? We will need to rely on other methods to prevent overcrowded conditions and inappropriately scaled dwellings intended solely to maximum residential occupancy without regard to the character, livability or long term stability of the neighborhood. Discussion of Solutions: To address the issues described above and to promote safe, healthy, and stable residential neighborhoods with a mix of housing types and adequate parking and open space for both rental and owner households, the following changes to the zoning code are proposed: 1. There have been a number of changes to the occupancy limit for Household Living Uses over the years. When those changes were adopted, occupancy of existing rental permits were "grandfathered." Since there will no longer be a stated limit on the number of unrelated persons within a unit, there is no longer a need to grandfather existing rental occupancies, so these sections of the zoning code should be deleted. 2. To clarify how occupancy is determined, a cross reference to the Housing Code will be added to all the base zone chapters, including the form -based zoning district chapter, which will also provide notice that occupancy of properties that are not in compliance with the minimum zoning requirements for parking and open space will be limited by the provisions of the Housing Code. 3. The parking requirement for Single Family and Two Family Uses is currently 1 parking space per dwelling unit plus 1 additional parking space for each additional unrelated person in excess of two. Since a requirement based on familial status is no longer enforceable, new parking requirements for single family homes and duplexes are proposed, as follows: • For 1 -bedroom and 2 -bedroom units: 1 parking space, plus one additional parking space for each adult occupant beyond 3. • For units with 3 or more bedrooms: 2 parking spaces plus one additional parking space for each adult occupant beyond 3. Page 3 This will keep parking requirements similar to what is currently required. For most single family homes and duplexes the requirement will be only 1 or 2 parking spaces per unit. Only for those households that include a higher number of adults will the parking requirement be higher. Basing the parking on the number adult occupants is a reasonable approximation of parking demand because, in general, the greater the number of adults in the household the higher the number of vehicles. Parking for multi- family and group living uses remain the same, since requirements for these housing types are already based on the number of bedrooms, rather than the number of unrelated occupants. 4. A change to the occupancy standard is proposed for accessory apartments, deleting reference to the household definition that was tied to familial status and establishing an occupancy limit of two individuals. Note that accessory apartments are only allowed on owner -occupied properties and are limited to one bedroom. 5. A new rear setback requirement is proposed for single family and duplex uses in the RS - 8, RNS-12, RS -12, RM -12, RNS-20, and RM -20 zones in the Central and Downtown Planning Districts. This new standard is proportional to the depth of the lot. These are zones that are prevalent in the older neighborhoods close to campus and zones intended to provide opportunities for more affordable, modest homes on smaller lots. They are also areas that are now vulnerable to inappropriate expansions to increase occupancy. The proposed formula is: lot depth minus 80 feet for lots greater than 100 feet in depth. For smaller lots, the rear setback remains 20 feet. This new standard was recommended by form -based code consultants from Opticos to ensure "house -scale" buildings by preventing homes from being extended deep into the lot to create a duplex or to add an excessive number of bedrooms to an existing single family home. This will help to control occupancy and will maintain a consistent placement of homes on the lot with open rear yard space behind the home. Language is added to clarify that garages located in the rear yard and attached to the home by a narrow breezeway are treated as detached accessory buildings, so are not subject to the principal building setback. In addition, the code clarifies that rear yard porches, including screened -in porches may encroach into the rear setback, since these are desirable amenities that are often added to an existing home, but will not increase the occupancy. 6. The side setback for multi -family and group living uses is increased to 10 feet to be consistent with the standard in Riverfront Crossings. This will ensure that there is at least 20 feet between multi -family buildings on abutting lots. Similarly, the rear setback in the PRM Zone is changed to be consistent with the standard in the Riverfront Crossings District. The current standards have resulted in the close spacing of multi -family buildings, such as along S. Johnson and S. Van Buren Streets, creating crowded conditions and concerns about privacy, safety, and livability for residents. 7. The number of bedrooms in attached single family and duplex units is limited to 4. This is a clear and objective standard that will be easy to administer and will help to control occupancy to a reasonable level for these housing types. Page 4 8. To mirror the change made in the Housing Code, the minimum bedroom size in multi- family uses is increased from 70 square feet to 100 square feet. Since parking is based on the number of bedrooms and occupancy is no longer limited to 3 unrelated persons, excessively large bedrooms greater than 225 square feet or with any dimension greater than 16 feet will be counted as two or more bedrooms. This will prevent bedrooms with enough space for double occupancy without a commensurate increase in the parking provided. This large bedroom standard also applies to attached single family and duplexes. 9. A new minimum open space requirement is proposed for all household types, including single family, duplexes, multi -family and group living uses. For multi -family and group living uses, the open space requirement mirrors the requirement and standards currently applied in the Riverfront Crossings District at 10 square feet per bedroom. For detached single family uses, a minimum of 500 square feet of usable open space is required in the rear yard. For duplexes, 300 square feet of usable open space per unit is required in the rear yard. For attached single family (zero lot line and townhouses), 150 square feet of open space is required in the rear yard. To provide relief in cases for unusually constrained lots or lots with little rear yard space, such as reverse corner lots, infill lots, oddly shaped lots, and similar, an option to request a minor modification to these standards is provided. However, it should be noted that occupancy of a rental unit will be constrained if the lot does not fully meet the open space requirement. 10. The descriptions of the residential use categories are amended to more clearly distinguish Household Living Uses from Group Living Uses. For household living, added language introduces the term "single housekeeping unit', which is then included in the new definition of "Household" in Chapter 14-9A, Definitions. The obsolete definition of household that is based on familial relationship is deleted. In the "exceptions" section of Household Living, it also clarifies that if there is more than one residential lease issued per dwelling unit or if there are locks installed on bedroom doors that create de facto rooming units where an individual resident can prevent other residents from entering his/her private room, then the use is classified as a Group Living Use. 11. In the definitions chapter of the zoning code, in addition to amending the definition of "household," a definition of "adult" is added, since parking requirements for single family and duplex uses will be based on the number of adults. Such a requirement is reasonable as generally adults are drivers and children are not. There are a few clarifications added to the definitions of 'roomer," 'rooming house", 'rooming unit," and "farm dwelling." Since nonconforming rights are no longer granted for residential occupancy, the definition is deleted. 12. In addition to the zoning code changes, the Council will be asked to add several clauses to the Housing Code (Chapter 17-5), that address occupancy limits for single family and duplex uses that do not meet the minimum parking or open space standards in the zoning code. Also, a correction to the definition of "accessory dwelling unit' in the Housing Code is necessary, since accessory dwelling units are not allowed for duplex uses. And finally, Page 5 a clause is proposed to clarify that for existing single family and duplex rental units where the percentage of bedroom space within the unit exceeds 35%, the use of those bedrooms may continue, but no additional bedroom space may be added unless the unit is brought into full compliance with the standard. Recommendation: Staff recommends amending Title 14, Zoning Code, and Chapter 17-5, Housing Code, as described in this memo and as indicated on the attached pages. A red -lined version of proposed code amendments is attached. The underlined text is new language to be added to the code and the strike -through notation indicates language to be deleted. Approved by: Delete the following sections: • Section 14 -4E -2E, Nonconforming Residential Occupancy • Section 14-4E-9, Regulation of Nonconforming Residential Occupancy • Section 14 -4E -SC, Occupancy of a Nonconforming Use Amend 14 -2A -5,14 -2B -5,14-2C-5, and 14-2E-5, Maximum Occupancy for Household Living Uses, as follows: The residential occupancy of a Household Living Use is limited to one "household" per dwelling unit, as this term is defined in Chapter 9, Article A, "General Definitions", of this Title. The residential occupancy of a Household Living Use is constrained by the Provisions of Chapter 17- 5. Housinn Cnrlp nrrn v s a Amend paragraph 14 -2G -3A -2b, (Household Living Uses in the South Downtown, Park, South Gilbert, and UniversitySubdistricts), 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 14-4B-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, in the South Downtown and University Subditricts for apartment buildings, multi- dwelling buildings and mixed use buildings the number of three (3) bedroom units per lot may not exceed thirty percent (30%) of the total number of units on the lot. In the South Gilbert and Park Subdistricts for apartment buildings, multi -dwelling buildings, and mixed use buildings, the number of three (3) bedroom units per lot may not exceed twenty percent (20%) of the total number of units on the lot. Amend paragraph 14 -2G -3B -2c. (Household Living Uses in the Central Crossings and Orchard Subdistricts and Eastside Mixed Use District; c. Household Living Uses shall be allowed within permitted building types as specified in section 14-2G-5 of this article. For multi -family uses, the provisionsin section 14-46-4 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 occupangy 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). number ` edFa 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 -1G -3C -2a, (Household Living Uses in the Gilbert Subdistrict), as follows; a. Household Living Uses shall be allowed within permitted building types as specified in section 14-2G-5 of this article. For multi -family uses, the provisions in section 14-4B-4 of this Title are superseded by the standards in this article and, therefore, do not apply. Residential occupancy is limited to one "household" per dwelling unit, as this term is defined in Chapter 9, Article A, "General Definitions", of this Title. The residential occupancy of a Household Living Use is constrained by the provisions of Chapter 17-5 Housing Code The maximum number of bedrooms per dwelling unit is three (3)., 2 number of bedreems is unrestriEted.Residential density (units per acre): no maximum. However, for apartment buildings, multi -dwelling buildings and mixed use buildings the number of three- bedroom units per lot may not exceed thirty percent (30%) of the total number of units on the lot, except for south of the Iowa -Interstate Rail Line, where the number of three-bedroom units for these buildings types may not exceed twenty percent (20%). Amend paragraph 14 -2G -3D -2a, (Household Living Uses in the West Riverfront Subdistrict), as follows: a. 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 SA -2, Minimum Parking Requirements for A# Zones, Except the Ca 5, CB -10, Riverfront Crossings Zones, and the Eastside Mixed Use District as follows; Single Family and Two Family Uses 1 1 sagga per daallu u, " i e'er" l *"anal None � ire equired For 1 -bedroom and 2 -bedroom units• 1 Parking space plus one additional parking space for each adult occupant beyond 3 2 11111017 14-541-4, Amend Table 5A-3, Minimum Parking Requirements in the Rfverfront Crossings and Eastside Mixed Use Zones, by de%ting the minimum parking requirement for Household Living Uses for the following building types: cottage home, row house, townhouse, five -work townhouse, andreplacing it with the fol/owing language: For 1 -bedroom and 2 -bedroom units: 1 parking space, lus one additional parking space for each adult occupant beyond 3 For units with 3 or more bedrooms: 2 parking spaces plus one additional Darking space for each adult occupant beyond 3 Amend Section 14 -4C -2A, Accessory Apartments, paragraph 2c, (occupancy), as follows: C. , The total number of individuals that reside en-the-prepeFty in the accessory apartment trnits�-may not exceed two (2). Amend 144C -3B-3, (setbacks for) Attached Accessory Buildings, by adding the following paragraph d. d. For purposes of determining setbacks garages located in the rear Yard and attached to the principal dwelling with a (non -habitable) breezeway (8 ft or narrower in width) will be considered detached accessory buildings and therefore are subject to the setback re wrements 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 requirements 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 per bedroom but not less than 400 square feet, located in one or more clearly defined compact areas with each area not less than 225 square feet with no dimension less than 15 feet b. On lots that contain Detached Single Family Uses a minimum of 500 square feet of usable open space shall be provided located in the rear yard with no dimension less than 20 feet. 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 o en space per dwelling unit shall be provided located in one or more clearly defined compact areas with each area not less than 300 s uare feet with no dimension less than 12 feet. 3. Standards a. For Multi -Family Uses and Group Living Uses Men 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 plantersgardens, and other amenities that support passive recreation or leisure activities. Paved areas shall not be counted toward usable open space For Attached Single Family Uses rooftop or upper floor open air terraces or rear yard -facing porches including screened in porches (non -habitable space only) may count toward the open space requirement 4. Minor Modification A minor modification may be requested according to the provisions and approval criteria of Section 14-413-1 Minor Modifications to reduce the required open space for Single open space may reduce the allowed occupancy of a rental property (see Chanter 17-5, Housing Code): a. In order to establish UP to two off-street parking spaces (surface narking 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 4 (3) Any potential negative effects resulting from the exception are mitigated to the extent possible. Amend 14 -4B -IA (minor modification app/icabi/ityl, by adding a new paragraph 24, as follows.- Sections ollows: Sections 14-2A-4 and 14-213-4 Amend Table 2A-2; D/mensiona/ Requ/rements in the Single Fami/y Residential Zones, as follows: Zones Table 2A-2: Dimensional Requirements in the Single Family Res!203 Zone/ Minimum Lot Requirements Minimum Setbacks Buildi MaximumLot Min. Use Lot Size Area/ Unit Lot Width Frontage Front Side Rear Max, Total Front Maximum tot open Space (s.t.) (s.f.) (ft-) (ft) (R') (ft.) (�1 "eight g Building Setback bedrooms 11W (n1Coverage Coverage RR -1 Detached per unit" F, ncludine o Log 40,000 40,000 80 50 156 5+22 ZO 35 40% 50% L 500 Line her Uses' 40 000 n/a 80 50 20 5+2 2 20 35 40% 50% � RS -5 etached SF, including ero Lota& 8,0006 8,000 606 456 156 5+22 20 35 45% 50% 500 Line Duplexes 12,000 6,000 80 80 156 5+22 20 35 203 45% 50% 4 ni ttached F 6,000 6,000 40 40 156 1 or 106 20 35 203 45% 50% 4 the' Uses' 000 8 n/a 60 45 20 5+22 20 35 203 45% 50% Ilia We RS -8 Detached F, 20 e uding Lot 5,0006 5,000 456 406 156 5+22 � 35 203 45% 50% nl1 500 Line g 20 Duplex 8,700 4,350 70 70 156 5+22 Note 35 203 45% 50% 4 / nit ttached F 4,350 4,350 35 35 156 105 20 35 203 45% 50% g 1 Uses' her 5,000 n/a 45 40 20 5+2 2 20 35 20 3 45% 50% lIL6 all 5 Table 2A-2: Dimensional Requirements in the Single Family Residential Zones Zone/ Minimum Lot Requirements Minimum Setbacks Building Bulk Maximum Co CoverageLot Use Lot Area/ Unit Lot Width Frontage Side Rear Max. Min. Buildln g Total FrontSize MaximumFront #of ]POPe (s.f.) s,f, () (h. )(n) () (h•1 (ft.)gWidth Hei ht Building Setback bedrooms (tt.) (h) Coverage Coverage RS- Detached per unit 12 F, 20 including ero Lot 5,0008 5,000 458 408 156 5+22 See Note 35 203 50% 50% n/a 500 Line g 20 Duplex 6,000 3,000 55 40 156 5+22 See 35 203 50% 50% 4 Note 300/unit 9 llached SF 3,000 3,000 20/287 20 156 Doe 20 35 183 50% 50% 4 150 Other Uses' 5,000 n/a 45 40 20 5+2z 20 35 20 3 0 50% 50% n/a n/a RNS. 20 12 Detached SF 5,000 5,000 45 25 156 5+22 See 35 20s ° 40% ° 50% nla 500 Note 9 28 Duplex 6,000 3,000 45 25 156 5+22 See 35 203 40% 50% Note 4 300/unit 9 MF Uses 5,000 Existing^ 45 25 158 5+2z 20 35 203 40% 50% 10 bedro om�but 3 no less Ther Uses, 5,000 n/a q5 25 20 5+2r 20 35 203 40% 50% n/a n!a Notes: n!a = 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 144B. 3 A building must be in compliance with the specified minimum building width for at least 75 percent of the building's length. 4 See the Special Provisions of this Article regarding Multi -Family Uses. 8 See applicable side setbacks for Attached SF as provided in Article 14-48, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. 6 The principal dwelling must be set back at least 15 feel, 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. Off 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). 0 Table 2A-2: Dimensional Requirements in the Single Family Residential Zones Zone/ Minimum Lot Requirements Minimum Setbacksf uilding Bulk MCove ageaximunt nt Min. Use Lot Size Area/ Unit Lot Width Frontage Front Side Rear . Min• Building Total Front Maximum #of Open S ace Side (s.f.) (s•{,) (ft.) (g) (ft) Ift•) (H. ht Width Building Setback bedrooms s.f. (ft) (k') (R') (ft) Setback bedrooms ft (I Coverage Coverage per unity+ subject breezeways shall be trealed as detached nrrpQ°esti °+,,m, .e n,,n 41-- per unit 3 L1 RM -12 Detached 1eOpen space must meet standards set forth in 14-2A4E H A-, Amend Table 28-2, Dimensional Requirements for mu/ti-Family ResidentiaiZones, as follows; Table 2B-2: Dimensional Requirements for Multi -Family Residential Zones Minimum Lot Requirements Minimum Setbacks Building Bulk Max Lot Coverage Maximum Zone/ Use Total Area Area/ Unit Width Front Side Rear Ht. Min. Total Front #of —� S(na0e12n (s.El (s.f.) (h) Frontage (ft) (ft) (k') (R') (ft) Setback bedrooms Width Covidg. erage Coverage per unit 3 L1 RM -12 Detached SF and 20 Detached 5,0007 5,0007 557 407 155 5+22 See 358 203 50% 50°% Zero Lot Note n/a 500 _ Line 10 20 358 Duplex 6,000 3,000 55 40 155 5+22 See 203 50°% 50% 4 Note 300/unit 10 Attached SF 3,000 3,000 20/288 20 155 0/104 20 358 n/a 50% 50% 4 150 _ See 358 10/bedroo Family 8,175 Table 60 40 20 20 203 50% 50% 3 m, but no 2B-3 102 — less than 400 Group See 358. 10/bedroo Living 8175 Ad. 4B 60 40 20 10 20 203 50% 50% See Art. 48 m, but no — less than Non- residential+ 5,000 5,000 60 40 20 10 20 358 203 50% 50% n/a 400 n/a RM -20 Detached 358 SF and 20 Detached 5,0007 5,0007 557 407 155 5+22 See 20350% 50% Zero Lot Note n/a 500 _ Line 10 20 358 Duplex 3,600 1,800 45 35 155 5+22 See 203 50% 50% 4 Note 300/unit 10 Attached SF 1,800 1,800 20/288 20 155 0/104 20 358 Na 50% 50% 4 150 END A � oZ A y 3 2 3 N < o aTi T a " O m r 0 T o (7 y .mac � m c c �, •c � �� � m fo n n ni O O O O � O U1 NO � � O O O O O O O p O O O O O y p N U l J a (A O N N N a W CU (0 N A d m W Q N d y m 3 (D d O m� W V N OI (T O N d N C D C w m m m' f <m wm m po 0 0 °' am Omm m O d 3 � C cn cNn cNii cNii o a a .0 H C cNn cNnV 0 o a p 9 St F u m L O O N N r r IO IO IO IOj IO IOj IO O N N IO IO IO fZ m a EF � IO+ O O N O N O O O O �,J IO IO IN O ryJ IO IO I� A ltN' W 0 O O � a! l m UWI m m m W N W W W G1 m (T m CT O m U m CWT CWIt W f`T' O o 0 0 0 o W $� R W U� Cn am m x m o e e e o 0 0 � '9mo is m m � � C.0 IN m W m m 9 q I� d W IA 'A Im IN m a } W C 0 3 ►p p d C m ' O d 0 ro �d Ip1= ro Ig ►�I� a y 0• t0' ro to 7 A Vi O' CT A N 3 O O 3 O N 3 O !/! I� � 8 �� Iglu fo Ig Ig r� IS ►� ►� Io �� Iol�.ra p � to Iola ro to G � Table 2B-2: Dimensional Requirements for Multi -Family Residential Zones Zone Minimum Lot Requirements Minimum Setbacks Building Bulk Max Lot Coverage Maximum Zone/ Use Total Area/ Min. Area Width Front Side Rear Ht. Min. Total Front #0f Min. Open Unit Frontage (s.f.) (ft•) (ft.) (ft.) (ft.) (n•) Bldg. Bldg. Setback bedrooms Space+= (in square feet) s f (ft) ( ) Width Coverage Coverage perunIV3 Is.f. Unit Group Living 5,000 See AN. 4B none 35 20 r 35 e 20 s ° 50% ° 50% See Art. 4B 10/bedroo m. but no 10 0 loll 101' less than residential' 5,000 n/a none 35 20 10 10r� 356 203 50% 50% n/a 400 n/a Notes: n/a =not arolinnhla 'Non-residential uses must comply with the standards listed in this table unless specified otherwise in 14AB, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. z Minimum side setback is 5 feet for the first 2 stories plus 2 feel for each additional story. Detached Zero Lot Line Dwellings must comply with the applicable side setback standards in Article 14AB. 3 A building must be in compliance with the specified minimum building width for at least 75 percent of the building's length. 4 See applicable side setbacks for Attached SF as provided in Article 14-4B, 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 feel for end lots in a row of attached units. When only two units are attached, lots must be 28 feel wide. 71f the Single Family Density Bonus Options have been applied, the minimum lot area, lot area per unit, lot width and lot frontage requirements may be reduced accordingly (See Section 14-2BAA, Minimum Lot Requirements). 6Additional height restrictions may apply on properties adjacent to Single Family Zones or Single Family Uses (See Subsection 14-2BAC, Building Bulk Regulations). BSee the Special Provisions of this Article regarding minimum lot area per unit requirements in the RNS-20 Zone. "May be reduced to 5 feet if rear lot line abuts an alley, 120oen space must comply with standards set forth in 14 -2B -0E Amend Tables 28-3 and 2C -2(c), as follows; Table 2B-3: Maximum Density Standards for Multi -Family Dwellings in Multi -Family Zones' Zone RM -1P RM -20 & RM -44 PRM RNS-20 Minimum Lot Efficiency Area per Unit or 1- Bedroom 2,725 1,800 500 435 (in square feet) Unit Table 2C -2(c): Maximum Density Standards for Multi -Family Dwellings in Commercial Zones' Two - CO -1, CC -2, CN -1 and MU CB -2 CB -5 and CB -10 Efficiency Bedroom 2,725 1,800 1,000 875 2,725 Unit There is no minimum Bedroom Three - Minimum Lot Unit standard. However, the Bedroom 2,725 2,700 1,500 1,315 (in square feet) Unit 2,725 875 units per lot may not Maximum # of bedrooms per exceed 30 percent of Three- multi -family dwelling unit 3 3 3 3 Minimum bedroom size' 100 s° -ft• 100 sq. ft. 100 sc. ft. 100_ s°. ft. tes:'New bedrooms must be a minimum of 100 square feet in size However, for pu poses of the provisions within this table, N:e any existing habitable room that is larger than 70 square feet in size with a ho zontal dimension of al least 7 feet, that meets the egress requirements as specified in the Building Cade, and is not a typical shared living space, such as a living room, dining area, kitchen, or bathroom may will be considered ene er�sere a bedrooms, as�etean mum, Bedrooms that exceed 225 s uare feet in size or have an horizontal dimension rester Ihan 16 feet shall count as two or more bedrooms as s, determined by the Citv. The maximum number of bedrooms may be further constrained by the provisions of the Chapter Housing Code Table 2C -2(c): Maximum Density Standards for Multi -Family Dwellings in Commercial Zones' Zone CO -1, CC -2, CN -1 and MU CB -2 CB -5 and CB -10 Efficiency or 1- 2,725 435 There is no minimum Bedroom lot area per unit Minimum Lot Unit standard. However, the TW0 Area per Unit number of 3 -bedroom (in square feet) Bedroom 2,725 875 units per lot may not Unit exceed 30 percent of Three- the total number of Bedroom 2,725 1,315 units on the lot. Unit Maximum # of bedrooms per multi -family dwelling unit 3 3 3 Minimum bedroom size' 100 sa• ft• 100 sg. ft. 100 sg• ft• Notes: rNew bedrooms must be a minimum of 100 square feel in size However, for purposes of the provisions within this table, any existing habitable room that is larger than 70 square feel in size with a horizontal dimension of at leash 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 or mare a bedrooms, . 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, Housmg Code. 10 Amend paragraphs 14 -2A -4B -4b,; 14 -28 -4B -4b, and 14 -2C -4B -4b. (Building 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 mace) may extend up to 15 feet into the rear setback provided they are setback at least 20 feet from the rear lot line. The standards for uncovered decks and patios are specified in Chapter 4, Article C, "Accessory Uses and Building", of this Title. Covered Enclosed porches, covered decks, and covered patios that are attached to an accessory building must comply with the standards for accessory buildings as specified in Chapter 4, Article C, "Accessory Uses and Buildings", of this Title. Amend 14-4A-3 Residential Use Categories, as follows; 14-1A-2 Residential Use Cate oriel HouseholdA. Living Uses 2. Characteristics The residential occupancy of a dwelling unit by a single household or group household, who are living together as a single housekeeping unit. The principal use of the property is for long term residential living with each dwelling unit containinn s 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 ara the property as a residence. Tenancy is typicall arranged on a yearly basis, but at least on a month-to-month basis., . 3. Examples Examples include uses from the subgroups listed below. The Single Family Uses are further divided into various dwelling types, because these dwelling types have distinct dimensional and development standards based on the zone in which they are located. Group Households, given that they are a type of "household" rather than a type of dwelling, are permitted in any type of dwelling listed in the three other subgroups. a. Group Households Group Households include only the following specific uses: elder family homes, elder group homes, parental group homes, and family care homes, all as defined in Article 14-9A, General Definitions. b. Single Family Uses A Single Family Use is a Household Living Use where there is no more than one principal dwelling unit per lot. Single Family Uses include the following dwelling types. (1) Detachedsing/e Family Dwellings Farm dwellings; detached single family houses; manufactured homes; modular homes; and mobile homes, if converted to real property and taxed as a site built dwelling, as provided in the Code of Iowa, as amended. (See Exceptions, below). (2) Detached Zero Lot Line Dwellings, 11 (3) Attached 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. 4. Accessory Uses Private recreational uses; storage buildings; parking for residents' vehicles. Home occupations, accessory dwelling units, childcare homes, and bed and breakfast facilities are accessory uses that are subject to additional regulations outlined in Article 14-4C, Accessory Uses and Buildings. Any accessory use of the property shall remain secondary to the principal use of the property for residential living. 5. Exceptions a. Mobile homes located within manufactured housing parks approved through a Planned Development process are considered Detached Single Family Dwellings, regardless of whether they are converted to real property and taxed as site built dwellings. b. Detached Single Family Dwellings and Detached Zero Lot Line Dwellings approved through a Planned Development process are considered Single Family Uses for purposes of this Title, even if they are located on one common lot and sold as condominiums. C. Single Family Uses that contain accessory apartments are not considered a Two Family Use. d. Mixed-use buildings containing dwelling units are always considered Multi -Family Uses, regardless of the number of dwelling units within the building. e. Uses such as hotels, motels, and guest houses, which by definition may arrange tenancy for periods shorter than one month, are not considered residential. They are considered a form of temporary lodging and are classified as Hospitality -Oriented Retail. f. Transient housing, which by definition arranges tenancy for periods shorter than one month, is not considered residential. It is considered a form of temporary lodging or shelter and is classified as Community Service - Shelter. g. Alternatives to incarceration, such as halfway houses, where residents are placed in the facility by court order and are under supervision of employees or contractees of the Department of Corrections, are classified as Detention Facilities. h. Any Single Family Dwelling or dwelling unit within a Two Family Dwelling where there is more than one residential lease issued per unit or where there are locks 12 installed on bedroom doors through which one resident may Prevent other residents from entering his/her private room(s) when he/she is not physically present is classified as a Group Living Use unless the dwelling meets the definition of a Group Household B. Group Living Uses 2. Characteristics Group Living uses are characterized by the residential occupancy of a dwelling by a group of people roomers that who do not meet the definition of a "household" or "group household". 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 Beting __ a areas fOF Fesidents. Bathroom farilitIPS mnv hP nrnmfo nr ehorerJ TL ...... ....... _I__ L_ residents. The rooming units are furnished with locks through which one member of the group may prevent other members of the group from entering his/her Private rooming unit when he/she is not Physically Present The residents may or may not receive any combination of care, training, or treatment, but those receiving such services must reside at the site. Examples Examples include uses from the three subgroups listed below. a. Assisted Group Living Group care facilities, including nursing and convalescent homes; assisted living facilities. b. Independent Group Living Rooming houses; student dormitories C. Fraternal Group Living Fraternities; sororities; monasteries; convents, and rooming house cooperatives. 4. Accessory Uses Recreational facilities; meeting rooms; associated offices; shared amenity areas shared kitchens and dining rooms, food preparation and dining facilities; off-street parking for vehicles of the occupants and staff; storage facilities; off-street loading areas. S. Exceptions a. Uses such as hotels, motels, and guest houses, which by definition may arrange tenancy for periods shorter than one month, are not considered residential. They are considered a form of temporary lodging and are classified as Hospitality -Oriented Retail. b. Family care homes, elder group homes, and elder family homes are considered Group Households and are classified as Household Living Uses. 13 C. Transient housing, which by definition arranges tenancy for periods shorter than one month, is not considered residential. It is considered a form of temporary lodging or shelter and is classified as Community Service - Shelter. d. Alternatives to incarceration, such as halfway houses, where residents are placed in the facility by court order and are under supervision of employees or contractees of the Department of Corrections, are classified as Detention Facilities. Amend Definitions: (14-9A), as follows: ADULT: A person that is 18 years of age or olde .. ... HOUSEHOLD: An individual or small group of individuals that reside within a Single Fames Dwelling or within a dwelling unit of a Two Family Dwelling or Multi -Family Dwelling as a single housekeeping organization where the responsibilities and expenses of maintaining the household are shared among the members; also a group of individuals that meet the definition of a Group Household as defined in this Title ROOMER: An individual who leases and resides within a rooming unit of a Group Living Use A resident af-�� Staff, including live-in staff of an assisted group living use, are not considered "roomers". ROOMING HOUSE: Any dwelling, , containing two ene-or more rooming units in which space is let by the owner or operator to four or more roomers. A rooming house is categorized as an Independent Group Living Use. 14 ROOMING UNIT: Any habitable room or group of adjoining habitable rooms that form a single, private residential unit intended to be used primarily for living and sleeping, but not for cooking, located within a group living use. Amend Chapter 17-5, Housing Code, Section 18, Minimum Structure Standards for All Renta/ Housing, by adding a new subsection S, entitled, Regulation of Noncompliant Situations, as follows; S. Regulation of Noncompliant Situations 1. Existing single family dwellings and duplex units that are noncompliant with the open space requirement set forth in Title 14 Zoning Sections 2A-4 and 2B-4, may not be enlarged unless the subiect 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 eFduplex. Amend Chapter 17-5, Housing Code, Section 18, Minimum Structure Standards for All Rental Housing, paragraph L, 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. Anv existinq single family or duplex unit that contained lawful bedroom space that exceeded this percentage cap prior to January 1 2018 may continue to be used as bedroom space However, additional bedroom space may not be added unless the unit is brought into full compliance with this standard. This dimensional standard is subject to administrative review. 15 Planning and Zoning Commission February 15, 2018 — Formal Meeting Page 12 of 21 Signs goes back to the fact that the Code is there, and it is very specific in the Riverfront Crossings District and this isn't it. Freerks added if there is anything in the language that they changed recently that is making this happen... will discuss at the end of the meeting because she has specific questions on things she would like to have answered. Howard said the language updated at the last meeting was with regard to upper level step backs allowed by a minor adjustment to any district of Riverfront Crossings and did give quite a bit more leeway to what could be adjusted by staff. Miklo added that there is some criteria that is has to meet and if the step back is not there, there has to be other design features to visually break up the mass of the building. Freerks wondered if maybe that is the problem, that people think they can just doll up the top level with another color or cornice and actually that is not at all what they had in mind and if they are in anyway confusing people they maybe need to revisit that because that was not the intention when they made that change. A vote was taken and the motion passed 5-0. i CODE AMENDMENT ITEMS: Discussion of amendments to Title 14, Zoning, to address changes to state law regarding occupancy of residential dwellings. Howard shared the PowerPoint regarding the changes, it is quite lengthy because there are a lot of little changes happening to the zoning ordinance. In January 2018 the state legislature changed State Code to prohibit any municipality to enforce any regulation that limits occupancy of rental property based on the existence of familial relationships. Howard noted that it a common way to address occupancy across the United States so it has been a little bit of a struggle for a lot of communities across the state of Iowa, particularly the cities that have large colleges or universities. Freerks asked if other states are also making this change. Howard said she is not aware of any other state having this kind of restriction imposed by the state legislature. Howard stated the City Council considered a number of changes in December that addressed the Housing Code and specifically made some changes there. The goals for the recent changes to the Housing Code and Zoning Code are to establish a balance between the short- term rental opportunities for students and long-term housing options for more permanent residents in the city and try to come up with alternative means that they used to be able to rely on a specific formula of how many people could live within a single-family house or duplex unit. Howard recapped the Housing Code changes because they do not come before the Planning & Zoning Commission but she wanted to make them aware of them. These changes include a cap on the number of single family and duplex rentals allowed in neighborhoods close to the UI campus. The City set up a rental permit district and there are certain number of those districts that exceeded the rental permit allowance of the 30% cap on the number of rental units in each districts. So for many of the areas that are close to campus far exceed that 30% cap so no more new rental permits shall be issued in those districts, with some exceptions. That was the big change in the Housing Code. Additionally the City established a limit on the amount space within a dwelling that can be used as bedrooms, and a requirement for a minimum amount of Planning and Zoning Commission February 15, 2018 — Formal Meeting Page 13 of 21 shared living space (living, dining, kitchen areas) within the dwelling based on the number of bedrooms in the unit. The idea here is for single-family residences and duplexes that are supposed to be single-family in character not be chopped up and lose shared living space to make more bedrooms. Finally, a number of other requirements and enhanced enforcement procedures were added to improve the safety and security of dwelling units in anticipation that occupancies will increase. Howard moved onto the Zoning Code changes and began with a little background on how they organized the residential use categories in the Zoning Ordinance. Right now there are two types of residential units in Iowa City, "Household Living Uses" or "Group Living Uses." Household Living Uses are single-family homes, duplexes, multi -family buildings and a small group of these would be the group households. Howard noted that they are changing nothing with regards to the group households (Systems houses, group homes, elder group homes) that have very specific definitions in the State Code and the Iowa City Code mirrors the State Code. Therefore any changes do not affect the group homes. Group Living uses are larger in scale group living environments (nursing homes, group care facilities, rooming houses, fraternal group living). The distinction between Household Living and Group Living is that members of a household live together as a single housekeeping unit, people are living together as a unit and sharing responsibilities and expenses of the household and all areas of the home are open to all members of the household. GroupLiving Use such as a rooming house, individuals have their own private living space and do not typically share household expenses, supplies, vehicles, and the like. Howard explained that there are different zoning requirements for these different residential uses. The City had to change the definition of household however, by eliminating the typical means of defining a "household"(by familial status), it is much more difficult to determine whether a use is a Single Family Use or whether it is a rooming house. Before the City could use a specific number and if it went beyond that number of unrelated people it would no longer be classified as a single-family house. With that going away, it become grayer and the City will need to rely on other methods to prevent overcrowded conditions and inappropriately scaled dwellings intended solely to maximum residential occupancy without regard to the character, livability or long term stability of the neighborhood. Howard addressed the changes to the Zoning Code proposed in the Staff Report: 1. Because they have changed the definition of Household over the years, it used to allow for up to five unrelated people to live together in certain zones, and then it was reduced down to a limit of three. Over those years because there were exiting units those rental permits were "grandfathered." Since there will no longer be a stated limit on the number of unrelated persons within a unit, there is no longer a need to grandfather existing rental occupancies, so these sections of the zoning code should be deleted. 2. There is a cross reference in each of the Occupancy Sections in the Zoning Ordinance to the Housing Code because now the two Codes will work together to regulate occupancy. 3. They have amended the parking requirement for single-family and duplexes. Previously they were partly related to the number of unrelated persons living in the household and that is changed to number of adults in a household because children don't drive and it made sense to regulate the number of parking spaces required with the number of adults. This will keep the parking requirements similar to what they are today for single- family and duplexes uses. Planning and Zoning Commission February 15, 2018 — Formal Meeting Page 14 of 21 4. A change to the occupancy standard is proposed for accessory apartments, deleting reference to the household definition that was tied to familial status and establishing an occupancy limit of two individuals. Note that accessory apartments are only allowed on owner -occupied properties and are limited to one bedroom. Martin asked how come the City can limit that occupancy but not the others. Howard said it is complicated when talking about individuals because of children versus adults. The accessory apartments are a secondary use to a single-family owner -occupied house. There is a change to the rear setback requirements for single-family and duplex uses, but is applied only to certain zones in the Central and Downtown Planning Districts, which are the zones closest to The University of Iowa campus, most affected by the student market. It is also the areas where there are more traditional neighborhood patterns, gridded street patterns, similar block sizes, similar lots sizes, alleys in most situations, etc. This is something that was recommended by the form -based code consultants, Opticos, after looking at what was happening in the community. People were taking single-family homes and adding onto the back and extending them out to take up a large part of the rear yard which is not typical for the pattern of development in these single-family neighborhoods. Howard did note there are some RS -5 areas in these districts but they are limited to such changes due to the historical overlay on these districts. Martin asked if someone was to remove one of the back duplex parts of one of those houses, could they build a garage at that back end, with the new setback requirement in place. Howard said because most of those homes have an alley in the back, the typical pattern would be for a detached garage which will have its own setback. If they were to build an attached garage it would have to fit within the new setback requirement as it is measured as part of the house. They can attach a detached garage to a house with a breezeway. 6. The side setback for multi -family and group living uses is increased to 10 feet to be consistent with the standard in Riverfront Crossings. This will ensure that there is at least 20 feet between multi -family buildings on abutting lots. Similarly, the rear setback in the PRM Zone is changed to be consistent with the standard in the Riverfront Crossings District. The current standards have resulted in the close spacing of multi -family buildings, such as along S. Johnson and S. Van Buren Streets, creating crowded conditions and concerns about privacy, safety, and livability for residents. 7. The number of bedrooms in attached single family and duplex units is limited to 4. This is a clear and objective standard that will be easy to administer and will help to control occupancy to a reasonable level for these housing types. 8. To mirror the change made in the Housing Code, the minimum bedroom size in multi- family uses is increased from 70 square feet to 100 square feet. Bedrooms that exceed 225 square feet or with any dimension greater than 16 feet will be counted as two or more bedrooms. This will help control parking issues as well. 9. A new minimum open space requirement is proposed for all household types, including single family, duplexes, multi -family and group living uses. For multi -family and group Planning and Zoning Commission February 15, 2018 — Formal Meeting Page 15 of 21 living uses, the open space requirement mirrors the requirement and standards currently applied in the Riverfront Crossings District at 10 square feet per bedroom, but not less than 400 square feet. For detached single family uses, a minimum of 500 square feet of usable open space is required in the rear yard. For duplexes, 300 square feet of usable open space per unit is required in the rear yard. For attached single family (zero lot line and townhouses), 150 square feet of open space is required in the rear yard. To provide relief in cases for unusually constrained lots or lots with little rear yard space, such as reverse corner lots, infill lots, oddly shaped lots, and similar, an option to request a minor modification to these standards is provided. Freerks asked if there is any language regarding if the open space can be impervious surfaces. Howard said it is stated that the open space for single-family homes and duplexes has to be in the rear yard and pervious surfaces, it cannot be paved, patios and decks will not be counted towards open space. 10. There is a use classification system in the Zoning Ordinance that helps identify the criteria and characteristics of each use category and so they have amended the descriptions of the residential use category to provide a little more clarity on what is meant by single-family home or Household Living. For household living, added language introduces the term "single housekeeping unit". In the "exceptions" section of Household Living, it also clarifies that if there is more than one residential lease issued per dwelling unit or if there are locks installed on bedroom doors that create de facto rooming units where an individual resident can prevent other residents from entering his/her private room, then the use is classified as a Group Living Use. 11. In the definitions chapter of the Zoning Code, in addition to amending the definition of "household" so it no longer has anything about family status and added the reference to "single housekeeping unit". They also added a definition of "adult" to persons age 18 or over and clarified the definitions of "roomer," "rooming house", "rooming unit," and "farm dwelling." 12. In addition to the zoning code changes, the Council will be asked to add several clauses to the Housing Code (Chapter 17-5), that address occupancy limits for single family and duplex uses that do not meet the minimum parking or open space standards in the zoning code. If someone is coming in for a new rental permit, changing from an owner - occupied to a rental, the unit will be reviewed and must be in compliance with the open space and parking requirements. And finally, a clause is proposed to clarify that for existing single family and duplex rental units where the percentage of bedroom space within the unit exceeds 35%, the use of those bedrooms may continue, but no additional bedroom space may be added unless the unit is brought into full compliance with the standard. Staff recommends amending Title 14, Zoning Code, and Chapter 17-5, Housing Code, as described in the staff memo and as indicated on the attached pages of the memo. Freerks asked moving forward how will this all be calculated, will it only be for new permit requests. Howard confirmed that is true, that in cases of zoning changes all previous permits are grandfathered in, it is only if someone is asking for something new. Laverman noted that information on these changes can be found on the City's website and Planning and Zoning Commission February 15, 2018 — Formal Meeting Page 16 of 21 YouTube channels under rental permit caps. Freerks asked about cottages, and Howard said that clause was just for Riverfront Crossings and is likely not to be an issues as Riverfront Crossings will more high density. Freerks had a comment about the minor modification for open space requirements and has concerns about abuse of that requirement, but is glad that notification will be given to neighbors if a minor modification is applied for. Howard said there is a distinction for minor modifications. In the Riverfront Crossings Code it is called a minor adjustment, and that is done through an administrative review committee, but the minor modification is set up for the whole Zoning Code and a hearing date is set and notice given to surrounding property owners. It is still staff administering the hearing and making the decision but there is an opportunity for public input. Martin asked if the notifications go to the renters that are nearby. Miklo doesn't believe so, just to the property owners. Freerks suggested a notification sign put in the yard as well so people would know. Miklo believes they do put signs up and will check on that. Freerks questioned Amend Chapter 17-5. Howard noted that she did hand out at the beginning of the meeting a sheet that would substitute the language that was in the Staff Report in the agenda packet. They realized there was a sentence that was in the first paragraph that should have been in the last paragraph where they are talking about new rental permits. The City didn't want to make so that someone that had an existing rental permit, that didn't meet the open space requirement, loses their permit but to let them know they cannot enlarge. Freerks also asked about the bedrooms not exceeding the 35% being subject to administrative review. Howard explained that there needed to be a change for reasonable exceptions. Freerks opened the public hearing. Nick Psihavos (UI Student) is interested in the Code changes and what the goals of the Commission and Planning Department looking for with neighborhoods and how to integrate students and families and obtain good relationships between homeowners and renters. Freerks stated that none of this can guarantee good relationships, but good rules and regulations can help facilitate it. Hektoen gave Savois a copy of the Code which explains the problem and the goals as a good resource. Howard noted that in general the City is trying to keep a balance in these neighborhoods that are single-family in character and close to the University. Miklo also added the City Zoning Code does have areas where the allowance for higher density is allowed, the problem is when you introduce a large number of people into a lower density there are issues (with parking, nuisances, traffic, etc.). Dyer stated that another objective is so families can live closer to the University and downtown as well. Freerks closed the public hearing. Planning and Zoning Commission February 15, 2018 — Formal Meeting Page 17 of 21 Hensch moved to recommend approval of the amendments to Title 14, Zoning Code, and Chapter 17-5, Housing Code, as described in the staff memo and as indicated on the attached pages of the memo including the amendment that was distributed at this evenings meeting. Signs seconded the motion. A vote was taken and passed 5-0. Freerks read a statement of appreciation for Karen Howard who was leaving her position in Iowa City to take a new position in Cedar Falls, Iowa. URBAN RENEWAL ITEM: Discussion of Proposed Foster Road Urban Renewal Plan located between North Dubuque Street and Prairie du Chien. Wendy Ford (City of Iowa City Economic Development Coordinator) stated that at the last meeting on February 6, 2018, the City Council approved a resolution of necessity which starts the process to establish an Urban Renewal Area and a TIFF District. This particular one is the Foster Road Urban Renewal Area and Ford showed a map of the area. It is just south of 1-80, east of Dubuque Street, and west of Prairie du Chien. The City has been working with the developers in this area who desire to build the road connecting Dubuque Street to Prairie Du Chien in order to be able to develop the rest of the properties. The developers, as forecasted in the North District Plan, are seeking financial assistance from the City to build the road. The City can assist in the development of this road, and sees the public benefit to this road as being a connector between Dubuque Street and Prairie Du Chien to facilitate better transportation, better emergency responses, and access by and to other neighborhoods. Ford noted there are many public benefits in this project. Ford showed the area which will be developed as recently approved in a Planning & Zoning meeting, and noted that this development and street connection are in line with the Comprehensive Plan and that is why it was approved for rezoning. Ford explained that the Tax Increment financing aspect of this project depends on the pieces of the project along Foster Road (a series of townhomes and a larger senior living building). The Tax Increment that those projects would create then would generate the revenue that would assist in the cost sharing of the road from Dubuque Street to Prairie du Chien. Ford explained that the charge of the Commission make a recommendation to the Council about whether this Urban Renewal Area fits within and complies with the Comprehensive Plan. This is one step to happen before a March 20 hearing, the other step is that the City holds a taxing consultation with representatives from the County and School District to talk about the implications of the TIF on budgets. Hensch asked the length of Foster Road extension. Ford said she believes it is around 1500 feet. Hensch asked because the estimated cost is $4 million and that seems extravagant. Ford explained it includes all the public infrastructure that goes along with the construction of the road (water, sewer, stormwater). Hensch asked about eligibility of the TIF, what it is based on. Ford replied that all TIF M 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, Amount Of Fee, Charge, Bond, Fine Or Penalty Bond, Fine Or Penalty Water service charges Charge see section 16-3A-4 of Meter Size this code): (Inches) July 1, 2018 For first 100 cubic feet /e, /8 x 3/4 $ 7.42 or less of water used, 3/4 8.11 based on meter size 1 9.56 1'/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 MonthlyI 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 T Over 3,000 $2.49 Single purpose meters Over 100 $3.47 Charge.- Other charges and discounts: _ __ —_. July 1, 2018 Low Income Discount r '60% of minimum monthly water charge Temporary water use (see subsection 16-3f of this code): During constructior the first 90 days fro the date of the connection to the H main for a new wat Per Month 1, 2018 Ordinance No. Page 13 service or a maximum of 90 days for reconstruction: ,T Single- and two- $17 37 family residences Multi -family $17.37 residences CommercialIT structures F $28.94 r After 90 days for any ----------------�f - - ----- - — --- -- ---- - structure, until the water meter is $115.76 installed Charge July 1, 2018 Direct purchase of water $0.50 fee, per 100 gallons or fraction thereof (see subsection 16 -3A -4C of this code) 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): owner $0.00 [Residential ccount Residential tenant$120 .00 account Commercial account An amount equal to an average 2 -month billing for 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 r -- Delinquency deposit fee for combined water and/or sanitary sewer and/or solid waste collection accounts (see section 16-3A-5 of this code) r— i To connect water main extensions, per acre Reconnection of discontinued service Posting fee for shutting off water in collection procedure Frozen water meters Shut off water service at curb and check for exterior leaks 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 la 45.00, Can be waived Not done after normal working nce in the lifetime of the hours ccount. $36.75, plus cost of f $84.00, plus cost of meter meter No charge $84.00, plus hourly overtime rate beyond 2 hours Broken or damaged Repair cost $84.00, plus repair cost hydrant Location of city owned No charge No charge water main for other utilities _[ Location of city owned water main for private enterprise r Check water meter for accuracy at consumer's request E No charge $84.00, plus hourly overtime rate beyond 2 hours Not done after normal working hours 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 4 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 Minimum monthly charge (includes the 1$8.15 first 100 cubic feet of water used) Monthly charge for each additional 100 1$3.99 cubic feet of water used I Low Income Discount Monthly surcharge: BOD (per pound) 300 or less MPL' L - - 60% of monthly minimum charge 16-3A-4 16-3A-4 16-3A-4 Included in charge for [L16 -3A-4 100 cubic feet of water used Ordinance No. Page 16 Monthly minimum, unmetered user $33.36 Manufactured housing park, monthly $33.36 minimum per lot Holding tank waste - plus landfill fees 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: Residential owner account, per 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 5 percent delinquency charge on 5.0 percent current billed current billed portion of the outstanding portion. Can be waived amount on combined water and/or once every 12 months. sanitary sewer and/or solid waste 16-3A-4 16-3A-4 16-3A-4 16-3A-4 16-3A-4 16-3A-4 16-3A-4 16-3A-5, 16-3A- 7 pound) from 301 MPL to $0.284 F,BODD(per 00 MPL' per pound) greater than 2,000 $0.425 rOD L' $0.227 Suspended solids (SS) (per pound) Monthly minimum, unmetered user $33.36 Manufactured housing park, monthly $33.36 minimum per lot Holding tank waste - plus landfill fees 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: Residential owner account, per 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 5 percent delinquency charge on 5.0 percent current billed current billed portion of the outstanding portion. Can be waived amount on combined water and/or once every 12 months. sanitary sewer and/or solid waste 16-3A-4 16-3A-4 16-3A-4 16-3A-4 16-3A-4 16-3A-4 16-3A-4 16-3A-5, 16-3A- 7 Ordinance No. Page 17 account that is not paid within 22 days of billing date Delinquency deposit fee for combined city water and/or sanitary sewer and/or solid waste collection accounts Note: 1. Milligrams per liter (MPL). An amount equal to an 16-3A-5 average 2 -month billing for the delinquent account. Can be waived if the account holder enrolls in SurePay. 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 DISPOSALS: Description Of Fee, Charge, Bond, Fine Or Charge I Penalty Yard waste collection fees°: f Per dwelling unit, per month $2.00 Low Income Discount 75% of monthly charge Untreated wood waste Free Collection of large items fees: - f rI Appliance collection, per item collected $20 -00 Bulky solid waste --[$12.50 I per stop and 1 item; $6.00 per additional items Ordinance No. Page 18 Tire collection $3.75 per tire; $7.50 tire and rim Residential solid waste collection fees: ff r - I- �I Curbside household refuse: 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) r—i Electronic waste TVs or monitors less than 18 inches $18.50 per item; TVs or monitors 18 inches or greater $23.50 per item Curbside recycling: f Per dwelling unit, per month Low Income Discount Iowa City community compost Wood chip mulch Deposit and delinquency fee combined for city water and/or sanitary sewer and/or solid waste collection accounts: 75% of monthly charge $20.00 per ton, $2.00 minimum $10.00 per ton, $2.00 minimum Ordinance No. Page 19 r Residential owner account, per combined $0 .00 residential service for city water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined r $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 1 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. i Special wastes disposal fees: Disposal of special wastes (except for 2 times the landfill use fees in this l asbestos containing material and section I contaminated soils) j Minimum fee 2 times the landfill use fee for 1 ton Asbestos containing material (ACM): r- Nonfriable ACM, from Iowa City premises $100.00/ton subject to a property tax and city owned property I Nonfriable ACM, from other locations $105.00/ton I 4 1 Friable ACM, from Iowa City premises $100.00/cubic yard subject to a property tax and city owned property I i Ordinance No. Page 110 r rrIa ble ACM, from other locations rl Minimum fee for any regulated ACM — Contaminated soil: $105.00/cubic yard $100.00 $15.00/ton Minimum fee for contaminated soil $150.00 Disposal of large items fees (see also Collection of large items fees above): Appliance disposal fees: — Commercial per item disposed $1.00/cubic foot _ — Residential per item disposed $12.50 (at landfill scale house) Tire disposal fee: Per pound '—FSubject to minimum fee Untreated wood waste and yard waste: Minimum r— — Landfill use fees: Arriving at the landfill with an unsecured or uncovered load: $0.15 $3.00 $24.00/ton $2.00 First instance in trailing 12 months I Warning Ordinance No. Page 111 Second or subsequent instances in trailing 12 months Electronic waste Solid waste from Iowa City premises subject to a property tax and city owned property: Total landfill fee per ton (includes state fee per ton) All other solid waste: $50.00 $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 $42.50 Total landfill fee per ton (includes state fee $47.50 r per ton) r r Minimum fee in lieu of tonnage fees (300 pounds or less): Solid waste from Iowa City premises subject to a property tax and city owned r property �I [All other solid waste $6.50 $7.00 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 1 equivalent residential unit occupying developed property in the city of Iowa City (ERU) _ $4.50 Low Income Discount 600/6 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 ll. 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: First Consideration 03/20/2018 Vote for passage: AYES: Botchway, Cole, Mims Botchway Cole Mims Salih Taylor Thomas Throgmorton Salih, Taylor, Thomas, Throgmorton, NAYS: None. ABSENT: None. that the Second Consideration 04/02/2018 Vote for passage: AYES: Salih, Taylor, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: Botchway. Date published X CITY O F IOWA Cl oa-oz_is �, � 8 COUNCIL ACTION REPO February 27, 2018 Resolution to Set Public Hearing to Amend the Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties for FY2019 Prepared By: Jacklyn Budding, Budget & Compliance Officer Reviewed By: Dennis Bockenstedt, Finance Director; Ashley Monroe, Assistant City Manager Fiscal Impact: Water rate adjustments for FY2019 amounting to an increase of approximately $500,000 per year in revenues Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance amending Title 3, Entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," and Title 16, entitled "Public Works," Chapter 3, entitle "City Utilities," Article A, entitled "General Provisions," Section 5 entitled "Establishing City Utility Accounts; Deposits Required" Executive Summary: The Finance Department requests the City Council set a public hearing for March 20, 2018 to consider amending Title 3, Chapter 4 and Title 16, Chapter 3A-5 of the City Code. Title 3, Chapter 4 amendments include a 5% Water rate increase, the addition of a fee for work done outside of normal working hours, the elimination of the SurePay discount, the removal of the charges for a returned check or automatic bank debit. Additionally, the changes include the codification of the Low Income Discount program. Title 16, Chapter 3A-5 amendments allow for the delinquency deposit to be waived if the account holder enrolls in SurePay. Background / Analysis: Title 3. Chapter 4 of the City Code is the 'Schedule of Fees Rates Charges Bonds Fines and Penalties' Water Rate Adjustments In May 2008, HDR Engineering completed a comprehensive water rate study for the City. In that study, they identified the City's challenge to maintain capital funding rates equal to or greater than depreciation to ensure the replacement of existing infrastructure. They also recommended that the City implement rate increases of 5% in 2010 and 3% in fiscal year 2011 to fiscal year 2017. Since that study, the City has only implemented 5% increases for fiscal year 2015 and fiscal year 2016. CITY OF IOWA CITY COUNCIL ACTION REPORT In fiscal year 2017, the Water fund hadan ending unassigned un a ance o . The revised projected fund balance for fiscal year 2018 is $7,781,028, a more than 11% decrease. The City's five-year capital improvement program projects water funding for capital projects over the next five years to be between $909,000 and $1,646,000 each year for a total of $6,562,425. This figure does not include the cost of repairing emergency water main breaks. Without a rate increase, the fund balance would continue to decline. The Water fund is an enterprise or a business -type fund that is expected to be self -funding. The primary solution is to review water rates and charges to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing a user rate increase of 5% in fiscal year 2019, the anticipated decline in the water fund's cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. Over time, the bonded debt payments would actually require greater rate increases due to their coverage ratios, reserve requirements, interest charges, and long-term payment schedules. All fees and charges, within the Water rates, are proposed to be increased 5%, with a few small exceptions. The fee for the direct purchase of water is proposed to remain at $0.50 per 100 gallons, the deposit for residential tenant accounts is proposed to remain at $120, and the 'During Normal Working Hours' fees for reconnection of discontinued service and the posting fee for shutting off water in collection procedure are both proposed to stay at $45 each. With these changes the minimum monthly charge for households with a 5/8 or 5/8 x 3/4 meter size increases from $7.07 to $7.42, and the average residential bill is projected to increase by approximately $1.50 a month. A service fee for work done outside of the normal working hours of $84 plus the hourly overtime rate beyond 2 hours is being added to this water rate ordinance. Previously there was no fee within the ordinance for this work, and the City was not able to recover the costs associated with the work done. Additionally, the discount for enrolling in SurePay is being eliminated. This discount was originally offered to incentivize people to sign up for SurePay. The cost of this discount continues to rise, and more people are moving to automatic payments on their own. Therefore, staff recommends eliminating the SurePay discount for this rate ordinance. In addition to the proposed changes to the above Water rates and charges, the new ordinance removes charges for a returned check or automatic bank debit. This charge is not required to be listed, and the limit is set by the State. It is staff's recommendation that these charges be removed from the water rate ordinance. The proposed fee increases are expected to generate enough revenue to be able to support the increase in funding for the capital improvement program and ensure that the Water fund remains a self -funding enterprise. The expected increase in revenues is approximately $500,000 a year. r CITY OF IOWA CITY COUNCIL ACTION REPORT Codification of the Low Income Discount Frog -ram A Low Income Discount program was also added in the Water, Wastewater, Solid Waste, and Stormwater rates. The discount is at 60% of the minimum monthly charge for Water, Wastewater and Stormwater, and at 75% of the monthly charge for Solid Waste. Wording was also added to the Water, Wastewater, and Solid Waste rates stating that the 5 percent delinquency charge can be waived once every 12 months, the delinquency deposit fee can be waived if the account holder enrolls in SurePay, and the $45 posting fee for shut off of water in the collection procedure can be waived once in the lifetime of the account. Delinquency Deposit Adjustments Title 16, Chapter 3A-5 was also updated to include wording that the delinquency deposit can be waived if the account holder enrolls in SurePay. I Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Ordinance No. An ordinance providing that general property taxes levied and collected each year on all property located within the 2017 Amended Riverside Drive Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Riverside Drive Urban Renewal Plan. Whereas, on March 20, 2012, the City Council of the City of Iowa City, Iowa, approved Ordinance 12-4471, an ordinance regarding the division of revenue for tax increment financing for the Riverside Drive Urban Renewal Area; and Whereas the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 17-218 passed and approved on the 20th day of June, 2017, Amendment No. 3to Riverside Drive Urban Renewal Plan (the "Urban Renewal Plan") to add projects and add land to the Riverside Drive Urban Renewal Area ("2017 Amended Area"), which 2017 Amended Area is described as follows: The Urban Renewal Area boundary shall extend to and run along the northerly right-of-way line of Myrtle Avenue, where applicable, and that area locally known as the "Orchard District", further described as beginning at the point where the southern right-of-way of West Benton Street meets the western boundary of the original urban renewal area; Thence north to the southern boundary of the Iowa Interstate Railway property; Thence west along the southern Railway boundary to the northwest corner of Lot 6 in the Orchard Court Subdivision; Thence south along property lines 264' to the southern right-of-way of the extension of Orchard Court; Thence east 39' along the southern right-of-way of the extension of Orchard Court to the northwest comer of Lot 10, Block 4 in the Cartwright's Addition; Thence south along the property line of Lot 10, Block 4 157.5' to the southwest corner of the same property; Thence east along the southern property lines 217.5' to the southeast corner of Lot 8, Block 4 in Cartwright's Addition; Thence south along the centerline of the vacated alley to the southern right-of-way of West Benton Street; Thence east to the point of beginning. Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan on land in the 2017 Amended Area; and Whereas, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the 2017 Amended Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section 1. That the taxes levied on the taxable property in the 2017 Amended Urban Renewal Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the 2017 Amended Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, rebates, grants, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the 2017 Amended Area pursuant to the Urban Renewal Plan, as amended, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the 2017 Amended Area without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the 2017 Amended Area exceeds the total assessed value of the taxable property in the 2017 Amended Area as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the 2017 Amended Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the 2017 Amended Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the 2017 Amended Area and the territory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this day of , 20 f AF-WOT7 ATTEST: CITY CLERK Ap/p/roved by / /^ (t Ui �ICP�.v✓ a City Attorney's Office /y3l/d 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 04/02/2018 Vote for passage: AYES: Taylor, Thomas, Throgmorton, Cole, Mims, Salih. NAYS: None. ABSENT: Botchway. Second Consideration _ Vote for passage: Date published that the I r ' CITY OF IOWA CIT--oa o2_11 -^� COUNCIL ACTION REPO April 2, 2018 An ordinance providing that general property taxes levied and collected each year on all property located within that area added to the Riverside Drive Urban Renewal Area in the City of Iowa City, county of Johnson, State of Iowa, by and for the benefit of the state of Iowa, City of Iowa City, county of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Riverside Drive Urban Renewal Plan Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: The Riverside Drive Urban Renewal Plan was adopted on October 18, 2011 (Resolution 11- 335). A TIF ordinance was adopted on March 20, 2012 (Ordinance 12-4471), which allowed for the division of incremental taxes in the urban renewal area to be used for qualifying projects. The Urban Renewal Area was subsequently amended to add the Orchard neighborhood (Resolution 17-218). Before the City can utilize the tax increment generated from this additional land, however, a TIF ordinance for this amended area must be approved. Background / Analysis: The main objective in the Riverside Drive Urban Renewal Plan, as amended, is to encourage and facilitate reinvestment of the area, beautify the commercial corridor and improve connections between commercial retail uses and adjacent neighborhoods. The adoption of this TIF ordinance allows the City to use the increase in property taxes resulting from improvements within the Orchard neighborhood as a source of financing economic development grants for qualifying urban renewal projects. Projects in the Riverside Drive Urban Renewal Area have included the Riverside West Apartments on the former auto sales and service lot, the streetscape design and eventual pedestrian tunnel through the railroad embankment, riverbank stabilization on the west bank, continuation of the Iowa River Trail from Benton to Sturgis and the signalization of the intersection of Riverside Drive and Myrtle Avenue, and funding the local match to the State's Workforce Housing Tax Credit projects in the district. Riverside Drive Urban Renewal Area As Amended Original Urban Renewal Area 2017 AmerGeO Urban Rama al Area P,ar a a `moil - N TEE; L --T L- - IG Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 ORDINANCE NO. An ordinance providing that general property taxes levied and collected each year on all property located within that area added to the Foster Road Urban Renewal Area in the City of Iowa City, Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Foster Road Urban Renewal Plan. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 18-75 passed and approved on March 20, 2018 adopted the Foster Road Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Foster Road Urban Renewal Area, (the "Urban Renewal Area"), which includes the area legally described as follows: Commencing at the Northwest corner of Lot 16, Balls Subdivision, as shown in Plat Book 3, Page 100; proceeding northeasterly along the south right-of-way line of Foster Road, as shown in Exhibits A-1 and B-1 of the Condemnation records recorded in Book 3100, Page 358; thence following said ROW line to its intersection with the East-West Y4 Section line of NW '/ of Section 3, Township 79N, Range 6W; thence East along said Section line to the SE comer of the NE '/< of the NW '/< of Section 3, Township 79N, Range 6W; thence continuing East along the East-West 1/4 section line to the SW corner of the NE 1/4 of the NE 1/4 of Section 3, Township 79N, Range 6W, as shown on the Final Plat of a re- subdivision of Lot 30, Conway's Subdivision, Plat Book 17, Page 53; thence North along the West line of Lot 30, Conway's Subdivision, Plat Book 4, Book 253, to the Northwest corner of Lot 25, Conway's Subdivision, Plat Book 4, Page 253; thence northeasterly along the North boundary of Conway's Subdivision to the Northeast corner of Lot 15 and continuing easterly to the eastern Prairie Du Chien Road ROW line; thence northwesterly along the eastern ROW line to the Northeast corner of Auditor's Parcel "A", recorded in Plat Book 32, Page 52, said line also being the South ROW of Interstate 80 as shown in the Plat of Survey recorded in Book 32, Page 53 and as described in Book 4224, Page 896 and Book 2944, Page 267; thence West along the Southl-80 ROW to the Northwestern corner of Lot 4, Yocum Subdivision, Plat Book 5, Page 77, said corner being the intersection of the 1-80 South ROW line and the East-West line between Section 3, Township 79N, Range 6W and Section 34, Township 80N, Range 6W; thence East along said section line to the Northwest corner of Auditor's Parcel 2014052, Book 58, Page 324; thence South along the West side of said Parcel to the Southeast corner of Pine Ridge Subdivision, Plat Book 46, Pagel 57; thence westerly along the south side of Pine Ridge Subdivision to the Southwest corner of Lot 1, Pine Ridge Subdivision; thence Southeasterly to the point of beginning; and WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in that portion of the Urban Renewal Area, as above described and hereafter referred to as the Foster Road Urban Renewal Area, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable property in the Foster Road Urban Renewal Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Area, as shown on the assessment roll as of January 1, 2017, pursuant to Iowa Code Section 403.19(1)(b), shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Area without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Area exceeds the total assessed value of the taxable property in the Urban Renewal Area as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa, referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property described herein. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Area. Section 7. 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 ATTEST: CITY CLERK Approved by ... ��.�y✓zr�i�/mss,, City Attorney's Office L 3/,e 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 Vote for passage: AYES: Salih, Taylor. NAYS Second Consideration _ Vote for passage: Date published Botchway Cole Mims Salih Taylor Thomas Throgmorton 04/02/2018 Thomas, Throgmorton, Cole, Mims, None. ABSENT: Botchway. that the CITY OF IOWA CIT 04_oZ 18 COUNCIL ACTION REPO '° April 2, 2018 An ordinance providing that general property taxes levied and collected each year on all property located within that area added to the Foster Road Urban Renewal Area in the City of Iowa City, county of Johnson, State of Iowa, by and for the benefit of the state of Iowa, City of Iowa City, county of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Foster Road Urban Renewal Plan Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: This Tax Increment Financing (TIF) ordinance allows for the division of incremental taxes collected from development within the Foster Road Urban Renewal Area, which was created upon approval of the Foster Road Urban Renewal Plan on March 20, 2018 (resolution 18-75). Background / Analysis: The Foster Road Urban Renewal Plan contemplates that tax increment financing may be used to assist in the construction of Foster Road from Dubuque Street east to Prairie du Chien. The adoption of this TIF ordinance is the next step necessary to allow the City to effectuate this goal. It will allow the City to use the increase in property taxes resulting from property improvements and new developments as a source of financing for qualifying urban renewal projects, one requirement of which is to provide some measure of public benefit. Approval of this TIF Ordinance will enable City staff to negotiate a development agreement for construction of Foster Road and a senior living facility in exchange for certain economic development funds, paid for by the tax increment generated from the Foster Road Urban Renewal Area. The details of the proposed road project will be presented to City Council in an agreement for private redevelopment in the coming weeks. i V 1 �� lit, y Foster Road Urban Renewal Area �- n Urban Renewal Area N1>L ParcelLILIES CIN OF IOWA CIN S 0 150 300 600 OFEeI I� Point of Beginning I r �- n Urban Renewal Area N1>L ParcelLILIES CIN OF IOWA CIN S 0 150 300 600 OFEeI