HomeMy WebLinkAbout2012-05-15 OrdinanceIA-13 5 b
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239
ORDINANCE NO. 12 -4480
AN ORDINANCE VACATING A PORTION OF THE MELROSE PLACE RIGHT -OF -WAY LOCATED
ADJACENT TO LOTS 1 -8, MELROSE PLACE, IOWA CITY, IOWA.
WHEREAS, the applicant, The University of Iowa Board of Regents, owns certain contiguous lots
surrounding the Melrose Place cul -de -sac, upon which there are presently located single family homes; and
WHEREAS, the University desires to construct a surface parking lot over and across these lots, as well
as over and across a portion of the Melrose Place right -of -way in conjunction with its expansion of the
Children's Hospital;
WHEREAS, the University has therefore requested that the City vacate and convey to it that portion of
the Melrose Place street right -of -way located adjacent to its property; and
WHEREAS, that portion required to' be vacated will no longer serve its current public purpose if the
University-owned houses are demolished,
WHEREAS, the University has agreed, as consideration for this vacation, to grant to the City a public
access easement over the parking lot to provide appropriate traffic circulation for the public needs associated
with the remaining homes along the remaining Melrose Place right -of -way; and
WHEREAS, the University has also agreed to reconstruct the remaining Melrose Place right -of -way,
including the reconstruction the pavement, curb and gutter, a 4 -foot sidewalk, sanitary sewer abandonments
as needed, water main improvements, and stormwater management improvements; and
WHEREAS, the University has further agreed to certain conditions regarding the design, screening, and
lighting of the proposed parking area in order to minimize impacts on the surrounding residential
neighborhood; and
WHEREAS, vehicle access to the parking lot from Melrose Place will be a one -way entry only to mitigate
traffic control concerns at the intersection of Melrose Place and Hawkins Drive; and
WHEREAS, it is in the City's interest to vacate the public right -of -way, or portions thereof, that are no
longer necessary for public access, and
WHEREAS, the Planning and Zoning Commission recommended vacation of a portion of this right -of-
way subject to conditions mentioned above; and
WHEREAS, on May 1, 2012, the City Council adopted a Resolution of intent to consider the proposed
conveyance of this property, authorized the publication of public notice of said proposal, and set the date and
time for public hearing; and
WHEREAS, following public hearing on the proposed vacation, the City Council hereby finds that it is in
the public interest to vacate this property and ultimately dispose of same to the University of Iowa without
compensation, in exchange for the performance of certain site improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION The City of Iowa City hereby vacates to the University of Iowa, that portion of the
Melrose Place street right -of -way shown on the attached Vacation Exhibit and legally described as follows:
PART OF THE MELROSE PLACE RIGHT -OF -WAY AND THE PUBLIC RIGHT -OF -WAY
ADJACENT TO LOTS 6 AND 7 FROM SAID MELROSE PLACE RIGHT -OF -WAY TO THE IOWA
INTERSTATE RAILROAD (FORMERLY C.R.I. &P. R.R.) AS DEFINED BY THE FINAL PLAT OF
MELROSE PLACE, JOHNSON COUNTY, IOWA RECORDED IN BOOK 4, PAGE 292, PLAT
RECORDS OF JOHNSON COUNTY, IOWA FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7; THENCE N89 °14'43 "E ALONG
THE SOUTH LINE OF LOT 8 OF SAID MELROSE PLACE, 10.00 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 8; THENCE NO3 °19'15 "W ALONG THE EAST LINE OF SAID LOT 8,
59.02 FEET; THENCE N86 °40'45 "E, 30.00 FEET; THENCE NO3 °19'15 "W ALONG A LINE
Ordinance No. 12 -4480
Page 2
PARALLEL AND 30.00 FEET DISTANT TO THE WEST RIGHT -OF -WAY LINE OF MELROSE
PLACE, 193.10 FEET; THENCE N89 3247 E, 20.03 FEET TO THE NORTHWEST CORNER OF
LOT 1 OF SAID MELROSE PLACE; THENCE S03 °19'15 "E ALONG THE WEST LINE OF LOTS 1,
2, 3, AND 4 OF SAID MELROSE PLACE, 253.36 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 4; THENCE N89 °14'43 "E ALONG THE SOUTH LINE OF SAID LOT 4, 10.00 FEET TO
THE NORTHWEST CORNER OF LOT 5 OF SAID MELROSE PLACE; THENCE S03 °19'21 "E
ALONG THE WEST LINE OF SAID LOT 5, 60.00 FEET TO THE NORTHEAST CORNER OF SAID
LOT 6; THENCE S89 °14'50 "W ALONG THE NORTH LINE OF SAID LOT 6, 56.09 FEET TO THE
SOUTHEASTERLY LINE OF SAID PUBLIC RIGHT -OF -WAY; THENCE S43 °18'02 "W ALONG
SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 86.54 FEET TO THE NORTHEASTERLY
RIGHT -OF -WAY LINE OF SAID IOWA INTERSTATE RAILROAD; THENCE N49 °45'32 "W ALONG
SAID NORTHEASTERLY RIGHT -OF -WAY LINE, 10.01 FEET TO THE NORTHWESTERLY
RIGHT -OF -WAY LINE OF SAID PUBLIC RIGHT -OF -WAY; THENCE N43 °18'02 "E ALONG SAID
NORTHWESTERLY RIGHT -OF -WAY LINE, 77.40 FEET TO THE SOUTHEAST CORNER OF
SAID LOT 7; THENCE NO3 °22'12 "W ALONG THE EAST LINE OF SAID LOT 7, 60.00 FEET TO
THE POINT OF BEGINNING CONTAINING 0.27 ACRES (11,876 SQ.FT.) MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 15thday of May , 2012.
MAYOR: Matthew J. Hayek
ATTEST:
LERK
Ordinance No. 12 -4480
Page 3
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x_ Mims
x Payne
g Throgmorton
First Consideration 5/l/2012
Vote for passage: AYES: Dickens, Hayek, Mims, Payne, Champion. NAYS: Dobyns,
Throgmorton. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 5/24/2012
Moved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived and the ordinance be voted upon
for final passage at this time. AYES: Hayek, Mims, Payne, Throgmorton, Champion. NAYS: Dobyns.
ABSENT: Dickens.
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VACATION EXHIBIT
Prepared by R. Rodney Klien Anderson -Bogert Engineers & Surveyors, Inc.
4001 River Ridge Dr. N.E. Cedar Rapids, Iowa 52402 0 60
NOTES,
1. DISTANCES ARE IN FEET AND
DECIMALS THEREOF.
2. BEARINGS HEREON ARE BASED
UPON IONA STATE PLANE NAD B3
SOUTH ZONE
OAT! OF IOWA a7y
s 6
GJ�S�G�65 P4
e� YE
I
F-
Boundary Una
PROPOSEO--
Adjoining Lot Line - — — —
R.O.W. VACATI
LOT 9
—
Building Setback Una. •••••.•••••.••••
M8G40'43'
Found Iron Pipe (Unless Noted)
30.00'-
1
FNO 1/2'�
— — .— —
REBAR — —
LOT 8
t
u
R
I
0
Set Section /Quarter Corner
N89'1 0 OOL"
Found Section /quarter Corner
A
Measured
(M)
I
�g
I
I
yi
O
LOT 7
3/8' IR
LOT 1
LOT 2
QG•
LOT 3
LOT 4
TOTAL AREA:
0.27 ACRES
(11,876 SO.FF.) �g
� 8 LOT 5
FND
1 B6 LT \
LOT 6 1 \
N4W45'32.1W I
70.D1'
\ FND 5/8' IR '
— — — — — — — — _ — — _
Legend
Boundary Una
Adjoining Lot Line - — — —
— — — — -
Section Line —
—
Building Setback Una. •••••.•••••.••••
.•. .
Found Iron Pipe (Unless Noted)
a
Found 5/6' Rebor
w /Red Cap 016546
Set %*x3D' Rebor
w /Oronge Cap #18646
0
Set Section /Quarter Corner
Found Section /quarter Corner
A
Measured
(M)
Recorded
(R)
—Legal Descrnntian
PART OF THE MELROSE PLACE RIGHT -OF -WAY AND THE PUBLIC
RIOIT -OF -WAY ADJACENT TO LOTS 0 AND 7 FROM Sao
MELROSE PLACE RIGHT -OF -WAY TO THE IOWA INTERSTATE
RARROAD (FORMERLY C.R.L`P. RR) AS DEFINED BY THE FINAL
PLAT OF MELROSE PLACE. JOHNSON COUNTY. IOWA RECORDED
IN BOOK ti PAGE 292. PLAT RECORDS OF JOHNSON COUNTY,
IOWA FURTHER DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF Sao LOT 7;
THENCE N8714'43E ALONG THE SOUTH LINE OF LOT 8 OF
SAID MELROSE PLACE. 10.00 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 8;
THENCE NOP19'151W ALONG THE FAST UNE OF SVD LOT 8.
59.02 FEET.
THENCE N86'40'45% 30.00 FEET;
THENCE NDYl9'l5'W ALONG A UNE PARALLEL AND 30.00 FEET
DISTANT TO THE WEST RIGHT -OF -WAY UNE OF MELROSE PLACE,
193.10 FEET;
THD" NBW32'47'E, 20.03 FEET TO THE NORTHWEST CORNER
OF LOT 1 OF SAID MELROSE PUCE;
THENCE S03'19'15'E ALONG THE WEST UNE OF LOTS 1, 2, 3,
AND 4 OF SAID MELROSE PUCE 25336 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 4;
THENCE N81"W43i ALONG THE SOUTH LINE OF SAO LOT 4,
10.00 FEET TO THE NORTHWEST CORNER OF LOT 5 OF SAID
MELROSE PLACE;
THENCE SO3r79'21'E ALONG THE WEST UNE OF SAID LOT 5.
60.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 6:
THENCE 589'14'50'/ ALONG THE NORTH UNE OF SAM LOT 6.
56.09 FEET TO THE SOUTHEASTERLY UNE OF SAD PUBLIC
RIGHT-OF-WY:
S4.TlIrO2' ALONG SAID SOUTHEASTERLY
RITJR -OF -WAY UNE. 8634 FEET TO THE NORTHEASTERLY
R GHT -OF -WAY UNE OF SAID IOWA INTERSTATE RAILROAD:
THENCE N49'46'32'1Y ALONG SAID NORTHEASTERLY
RIGHT -OF -WAY LINE. I0A1 FEET TO THE NORTHWESTERLY
RIGHT -OF -WAY UNE OF SAO PUBLIC RIGHT -OF -WAY;
THENCE N43'I8'02'E ALONG SAO NORTHWESTERLY
RIGHT-OF-WAY UNE. 77.40 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 7:
THENCE NOT22'12'W ALDER: THE EAST UNE OF SAID LOT 7,
60.00 FEET TO THE POINT OF BEWNNINO CONTAINING 0.27
ACRES (11.576 SO.FT.) MORE OR LESS.
S=CT TO EXISTING EASEMENTS AND RESTRICTIONS OF
RECORD.
LVl:E111V1N Dmw
.O, GRAND AK
ELR AVE yI
FT1 SITE Iee1S) BR DAN PAF P OR 4 � MYRAE WOODSIDE���
5b
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 5#40; 319 - 356 -5239
ORDINANCE NO. 12 -4480
AN ORDINANCE VACATING AND CONVEYING TO THE UNIVERSI OF IOWA A PORTION OF
THE MELROSV PLACE RIGHT -OF -WAY LOCATED ADJACENT TO OTS 1-8, MELROSE PLACE,
IOWA CITY, IOWA.
WHEREAS, the a licant, The University of Iowa Board of R ents, owns certain contiguous lots
surrounding the Melrose ace cul -de -sac, upon which there are pres ntly located single family homes; and
WHEREAS, the Unive ity desires to construct a surface parki g lot over and across these lots, as well
as over and across a porti of the Melrose Place right -of -wa in conjunction with its expansion of the
Children's Hospital;
WHEREAS, the University as therefore requested that a City vacate and convey to it that portion of
the Melrose Place street right -of- y located adjacent to its operty; and
WHEREAS, that portion requi ed to be vacated will o longer serve its current public purpose if the
University-owned houses are demoli ed,
WHEREAS, the University has a eed, as consid ation for this vacation and conveyance, to grant to
the City a public access easement ove the parking I to provide appropriate traffic circulation for the public
needs associated with the remaining hom s along th remaining Melrose Place right -of -way; and
WHEREAS, the University has also reed reconstruct the remaining Melrose Place right -of -way,
including the reconstruction the pavement, c b d gutter, a 4 -foot sidewalk, sanitary sewer abandonments
as needed, water main improvements, and sto water management improvements; and
WHEREAS, the University has further agr to certain conditions regarding the design, screening, and
lighting of the proposed parking area i ord r to minimize impacts on the surrounding residential
neighborhood; and
WHEREAS, vehicle access to the pa ing lot fro Melrose Place will be a one -way entry only to mitigate
traffic control concerns at the intersectio of Melrose PI a and Hawkins Drive; and
WHEREAS, it is in the City's intere t to vacate and di ose of public right -of -way, or portions thereof, that
are no longer necessary for public ac ess, and
WHEREAS, the Planning and oning Commission rec mended vacation of a portion of this right -of-
way subject to conditions mention above; and
WHEREAS, on May 1, 201 , the City Council adopted a esolution of intent to consider the proposed
vacation and conveyance of t i property, authorizing the public tion of public notice of said proposal, and
setting the date and time for p blic hearing; and
WHEREAS, following p lic hearing on the proposed vacation d conveyance, the City Council hereby
finds that it is in the pub[* interest to vacate and convey this pro rty to the University of Iowa without
compensation, in exchan a for the performance of certain site improve nts.
NOW, THE REFO E, BE IT ORDAINED BY THE CITY COUNCIL F THE CITY OF IOWA CITY,
IOWA:
SECTION I. V ATION AND CONVEYANCE. The City of Iowa City hereb vacates and conveys to the
University of low , that portion of the Melrose Place street right -of -way shown n the attached Vacation
Exhibit and leqa[K described as follows:
PART OF HE MELROSE PLACE RIGHT -OF -WAY AND THE PUBLIC RIGHT -OF- AY
ADJAC T TO LOTS 6 AND 7 FROM SAID MELROSE PLACE RIGHT -OF -WAY TO HE IOWA
INTER ATE RAILROAD (FORMERLY C.R.I. &P. R.R.) AS DEFINED BY THE FINAL P T OF
MELR SE PLACE, JOHNSON COUNTY, IOWA RECORDED IN BOOK 4, PAGE 292, PL XT
REC RDS OF JOHNSON COUNTY, IOWA FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7; THENCE N89 °14'43 "E ALONG
THE SOUTH LINE OF LOT 8 OF SAID MELROSE PLACE, 10.00 FEET TO THE SOUTHEAST
Ordinance No. 12 -4480
Page 2
CORNER OF SAID LOT 8; THENCE NO3 °19'15 "W ALONG THE EAST LINE OF SAID LOT 8,
59.02 FEET; THENCE N86 °40'45 "E, 30.00 FEET; THENCE N03019'1 5"W ALONG A LINE
PARALLEL AND 30.00 FEET DISTANT TO THE WEST RIGHT -OF -WAY LINE OF MELROSE
PLACE, 193.10 FEET; THENCE N89 °32'47 "E, 20.03 FEET TO THE NORTHWEST CORNER OF
LOT 1 OF SAID MELROSE PLACE; THENCE S03 019'15 "E ALONG THE WEST LINE OF LOTS 1,
2, 3, AND 4 OF SAID MELROSE PLACE, 253.36 FEET TO THE SOUTHWEST ORNER OF
SAID LOT 4; THENCE N89 014'43 "E ALONG THE SOUTH LINE OF SAID LOT 4, 10.00 FEET TO
THE NORTHWEST CORNER OF LOT 5 OF SAID MELROSE PLACE; THE CE S03 019'21 "E
ALONG THE WEST LINE OF SAID LOT 5, 60.00 FEET TO THE NORTHE ST CORNER OF SAID
LOT 6; THENCE S89 014'50 "W ALONG THE NORTH LINE OF SAID LOT/,6, 56.09 FEET TO THE
SOUTHEASTERLY LINE OF SAID PUBLIC RIGHT -OF -WAY; THENCE 43 °18'02 "W ALONG
SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 86.54 FEET TO TH NORTHEASTERLY
RIGHT -OF -WAY LINE OF SAID IOWA INTERSTATE RA/TO ENCE N49 045'32 "W ALONG
SAID NORTHEASTERLY RIGHT -OF -WAY LINE, 10.01 F NORTHWESTERLY
RIGHT -OF -W Y LINE OF SAID PUBLIC RIGHT -OF -WA43 °18'02 "E ALONG SAID
NORTHWEST RLY RIGHT -OF -WAY LINE, 77.40 FEET UTHEAST CORNER OF
SAID LOT 7; TH NCE NO3 °22'12 "W ALONG THE EAST ID LOT 7, 60.00 FEET TO
THE POINT OF GINNING CONTAINING 0.27 ACRES FT.) MORE OR LESS.
SUBJECT TO EXI TING EASEMENTS AND RESTRICTI CORD.
SECTION II. REPEAiWER. All ordinances and parts of rdinances in conflict with the provision of this
Ordinance are hereby repeal d.
SECTION III. SEVERABIL If any section, provisi n or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such judication shall not ect the validity of the Ordinance as a whole or any
section, provision or part thereof no adjudged invalid unconstitutional.
SECTION IV. EFFECTIVE DAT This Ordina a shall be in effect after its final passage, approval and
publication, as provided by law.
SECTION V. RECORDING AND EF ECT. T is Ordinance shall be recorded and shall have the effect of
conveying the above - described land to the niv sity of Iowa pursuant to Iowa Code Section 354.23.
SECTION IV. CONSIDERATION. This a tion and conveyance is being made in consideration for the
University of Iowa performing the following:
1. Granting to the public an access e s ent from the remaining Melrose Place right -of -way across
the proposed parking lot to the p king ot's Melrose Avenue access point east of Melrose Place,
although said easement rights sh II not ve t until completion of the parking lot;
2. Maintenance of a ten (10) se ack, cons uction of a solid fence or wall, and installation of S3
screening, as defined by the owa City Co of Ordinances, along the eastern boundary of the
proposed parking lot;
3. Substantial compliance wit the City's parking t design standards, as set forth in the Iowa City
Code of Ordinances, with al site plan to be app oved by the Director of Planning and Community
Development, which will t be unreasonably withhe ;
4. Reconstruction of the r maining Melrose Place rig -of -way. Said reconstruction shall consist of
installation of new pav ment, pavement, curb and gu r, a 4 -foot sidewalk along the west side of
Melrose Place, san ary sewer abandonments as n eded, water main improvements, and
stormwater manage ent improvements;
5. Installation of a ga that allows traffic to enter the propose arking lot from Melrose Place, but not
exit, so that all c s entering the parking lot must exit from the elrose Avenue access point east of
Melrose Place;
Passed and approve this 15 th day of May 2012.
MAYOR: Matth J. Hayek
ATTEST:
Cl CLERK
Approved y
City Attorney's Office y % /�Z
sc
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
(REZ12- 00003)
ORDINANCE NO. 19-44S I
AN ORDINANCE REZONING APPROXIMATELY 2.43 ACRES OF LAND FROM INTENSIVE
COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2) FOR PROPERTIES LOCATED EAST
OF WEST SIDE DRIVE AND NORTH OF MORMON TREK BOULEVARD NEAR ITS INTERSECTION
WITH HIGHWAY 1 WEST (REZ12- 00003).
WHEREAS, the applicant, McDonald's USA, LLC, has requested a rezoning of property located east of
West Side Drive and north of Mormon Trek Boulevard near its intersection with Highway 1 West from
Intensive Commercial (CIA) to Community Commercial (CC -2);
WHEREAS, two properties adjacent to the applicant's property that are similarly situated with visibility
and access to two major arterial streets are included in this rezoning action, with the consent of the property
owner, in order to create a consistent and logical zoning pattern; and
WHEREAS, the Comprehensive Plan indicates that this area is intended to provide the opportunity for a
large variety of commercial uses that serve a major segment of the community, and due to the location at
the intersection of two arterial streets and near a highway interchange serve a regional market with visibility
and access more suited to retail commercial uses and restaurants rather than for quasi - industrial uses or
back office functions; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of Intensive Commercial (CI -1) to Community Commercial (CC -2):
LEGAL DESCRIPTION
LOTS 1, 2, AND 3 OF WEST SIDE PARK ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, AS
DESCRIBED IN BOOK 38, PAGE 113 BY THE JOHNSON COUNTY RECORDER.
SECTION II. 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 15th day of May, 2012.
A
MAYOR
ATTEST: _� - %�' Approved by: "L
C1Y CLERK City Attorney's Office
Ordinance No. 12 -4481
Page 2
It was moved by Champion and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 4/17/2012
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration 5/1/2012
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Date published 5/24/2012
U5�15 -12
5d
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 12 -4482
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLES 2B AND 2C, AND
PARAGRAPH 14- 4B -4A -7 TO ESTABLISH THREE AS THE MAXIMUM NUMBER OF
BEDROOMS ALLOWED WITHIN A MULTI - FAMILY DWELLING UNIT IN MULTI - FAMILY
ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY USES AND TO
ESTABLISH NEW RESIDENTIAL DENSITY FORMULAS FOR MULTI - FAMILY USES
LOCATED IN MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI-
FAMILY USES.
WHEREAS, one of the stated purposes of the zoning code is to regulate population density
to avoid undue concentration of population and overcrowding of land and to foster a convenient,
compatible and efficient relationship among land uses; and
WHEREAS, in multi - family zones and in commercial zones that allow multi - family dwelling
units, the zoning code currently regulates residential density based on the number of dwelling
units regardless of the number of bedrooms per unit; and
WHEREAS, in Downtown Iowa City and in Iowa City neighborhoods close to the University
of Iowa campus, the demand for student rental housing is highest. These areas coincide with
the City's medium and high density multi - family zones and mixed -use commercial zones,
including the central business zones; and
WHEREAS, in the aforementioned neighborhoods and commercial districts close to
campus, multi - family dwelling units are typically designed, marketed and leased on a per -
bedroom basis rather than on a per -unit basis in response to the strong market for short -term
rentals; and
WHEREAS, the current method of regulating density in the aforementioned areas and zones
provides a disincentive to construct smaller multi - family dwelling units because the same
amount of land area is required for a 1- bedroom apartment as for a 3, 4, or 5- bedroom unit,
which has resulted in a market where only apartments with large numbers of bedrooms are
produced to the exclusion of smaller units regardless of the unmet demand for smaller rental
units that may be attractive to demographically - diverse populations; and
WHEREAS, the lower intensity commercial zones and the low density multi - family zone are
often used as buffers or transition zones in outlying areas of the City and /or in close proximity to
lower density residential areas, including older, more historic single family residential
neighborhoods in the central core of the city, so establishing a residential density standard for
the lower intensity commercial zones that is consistent with the current residential density
standard in the low density multi - family zone, will provide a more compatible transition to nearby
single family neighborhoods; and
WHEREAS, the Comprehensive Plan encourages the development of a diversity of housing
types in every neighborhood to provide living opportunities for all Iowa City residents and to
support a diversity of businesses in mixed -use commercial zones and the Central Business
District that serve a broad spectrum of the Iowa City population, and
WHEREAS, establishing a minimum lot area per bedroom for multi - family dwellings in
medium and high density multi - family zones and in the central business zones will provide for
better control of population density, help stabilize neighborhoods near the University campus,
and encourage development of a diversity of housing types and sizes to support a healthy mix
of businesses in the Central Business District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Amending Table 213-2, Dimensional Requirements for Multi - Family Residential Zones,
deleting the current "Area /Unit" standards for Multi - Family, and substituting the
Ordinance No. 12 -4482
Page 2
following cross- references: "See Table 213-3, Maximum Density Standards for Multi -
Family Dwellings in Multi - Family Zones ".
B. Inserting the following Table 213-3, within Section 14 -213-4, Dimensional Standards,
immediately following Table 213-2.
Table 213-3: Maximum Density Standards for Multi - Family Dwellings in Multi - Family Zones'
Zone
Co-1, CC -2, CN -1 & MU
CB -2
CB -5 & CB -10
Minimum Lot
Zone
RM -12
RM -20 & RNS -20
RM -44
PRM
Bedroom Unit
Efficiency or
standard. However, the number of 3-
Two - Bedroom
2725
875
1- Bedroom
2,725
1,800
500
435
Minimum Lot Area
Unit
Three- Bedroom
2725
1,315
feet)
per Unit
Two - Bedroom
2,725
1,800
1,000
875
(in square feet)
Unit
multi-family dwelling unit
3
Three-
Bedroom Unit
2725
2,700
1,500
1,315
Maximum # of bedrooms per multi-
3
3
family dwelling unit
3
3
Notes: 'For purposes of the provisions within this table, any room that is larger than 70 square feet in size, 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 be considered one or more bedrooms, as determined by the Building Official.
C. Amending Table 2C -2(a), Dimensional Requirements for all Commercial Zones,
except the MU Zone, deleting the current "Area /dwelling unit" standards, and
substituting the following cross - reference: "See Table 2C -2(c), Maximum Density
Standards for Multi- Family Dwellings in Commercial Zones ".
D. Amending Table 2C -2(b), Dimensional Requirements for the Mixed Use Zone (MU),
deleting the current "Area /Unit" standards for Multi - Family, and substituting the
following cross - reference: See Table 2C -2(c), Maximum Density Standards for Multi -
Family Dwellings in Commercial Zones, as shown below.
E. Inserting the following Table 2C -2(c), within Section 14 -2C -4, Dimensional
Standards, immediately following Table 2C -2(b):
Table 2C -2 c : Maximum Density Standards for Multi-Family Dwellings in Commercial Zones'
Zone
Co-1, CC -2, CN -1 & MU
CB -2
CB -5 & CB -10
Minimum Lot
Efficiency or 1
2725
435
There is no minimum lot area per unit
Area per
Bedroom Unit
standard. However, the number of 3-
Two - Bedroom
2725
875
dwelling unit
bedroom units per lot may not exceed
(in square
Unit
30% of the total number of units on the
Three- Bedroom
2725
1,315
feet)
lot.
Unit
Maximum # of bedrooms per
3
multi-family dwelling unit
3
3
Notes: 'For purposes of the provisions within this table, any room that is larger than 70 square feet in size, 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 be considered one or more bedrooms, as determined by the Building Official.
F. Deleting paragraph 14- 2C -4A -2, and substituting in lieu thereof:
2. Standards
Generally, the minimum lot area and width standards for the various Commercial
Zones are stated in Tables 2C -2(a) and 2C -2(b), located at the end of this Section.
Most commercial zones do not have minimum lot size or width requirements.
However, for mixed commercial /residential buildings, the number of dwelling units
allowed is based on the residential density formulas as stated in Table 2C -2(c),
located at the end of this Section.
G. Deleting subparagraph 14- 4134A -7b., and substituting in lieu thereof:
Ordinance No. 1 2_44Rg
Page 3
b. Maximum Density
The residential density standards for Multi - Family Uses in Commercial Zones
are stated in Table 2C -2(c) located in Section 14 -2C -4, Dimensional
Requirements.
SECTION II. NONCONFORMING RIGHTS GRANTED. The number of bedrooms per unit
and the maximum residential density, as determined by the Building Official, based on the
applicable regulations effective April 3, 2012, will be applied to any development activity
associated with establishing or constructing a multi - family use for which a valid building permit
was issued on or prior to April 3, 2012. Other legal nonconforming situations are allowed to
continue in accordance with the provisions of Article 144E of the City Code.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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.
Passed and approved this 15th day of May 2012.
L OW1
e�
ATTEST: _
CITY L E R K
Approved by
1,1 L112 A-,
CITY •� OFFICE
Ordinance No. 12 -4482
Page 4
It was moved by Dobyns and seconded by Mims that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
_x -
x
—x_
NAYS: ABSENT:
x
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 4/17/2012
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Second Consideration 5/1/2012
Vote forpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dobyns.
NAYS: Dickens. ABSENT: None.
Date published 5/24/2012
a J3
5e
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 12 -4483
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 5A, OFF - STREET PARKING
AND LOADING STANDARDS, TO INCREASE THE NUMBER OF REQUIRED PARKING
SPACES FOR CERTAIN MULTI - FAMILY DWELLING UNITS WHEN LOCATED WITHIN A
DESIGNATED UNIVERSITY IMPACT AREA (UTA).
WHEREAS, the minimum parking standards specified in the zoning code are intended to
ensure that enough off - street parking is provided to accommodate the demand for parking
generated by the range of uses that might locate at a site over time, particularly in areas where
sufficient on- street parking is not available;
WHEREAS, in multi - family zones and in commercial zones that allow multi - family dwelling
units, the minimum parking requirement for 3- bedroom multi - family dwelling units is 2 parking
spaces; and
WHEREAS, in denser areas of the City close to downtown and the University of Iowa
campus, on- street parking spaces are in high demand from residents, visitors, and commuters;
and
WHEREAS, in denser areas of the City close to the University of Iowa campus, there is a
significant demand from college students for multi - family dwelling units;
WHEREAS, the parking demand for this large population of unrelated college students
within these central neighborhoods is typically higher than the parking demand for 3- bedroom
housing units in outlying areas;
WHEREAS, due to a higher parking demand for on- street and off - street parking spaces that
is causing nuisance issues in the central areas of the city closest to the University of Iowa
campus, it is reasonable to increase the parking requirements in this area, so that at least one
off - street parking space is provided for every bedroom within multi - family dwellings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Amending Table 5A -1, Minimum Parking Requirements in the CB -5 and CB -10 Zones,
indicating that for 3- bedroom Multi - Family Dwelling Units in the CB -5 Zone the parking
requirement is 3 spaces per unit; and
B. Amending Table 5A -1, Minimum Parking Requirements in the CB -5 and CB -10 Zones,
indicating that for 3- bedroom Multi - Family Dwelling Units in the CB -10 Zone built on or
after January 1, 2009 that the parking requirement for 3- bedroom units is 3 spaces per
dwelling unit;
C. Amending Table 5A -2, Minimum Parking Requirements for all zones, except the CB -5
and CB -10 Zones, in the rows that specify parking requirements for Multi - Family
Dwellings in all zones, including the row for the PRM Zone, insert the words, "In the
University Impact Area: 1 space per bedroom (see Map 2B.1 in Article 14 -2B)."
D. Inserting the following map, labeled Map 213.1, into Section 14 -213-6, Multi - Family Site
Development Standards, immediately following the Central Planning District Map:
Ordinance No. 12 -4483
Page 2
SECTION II. NONCONFORMING RIGHTS GRANTED. The number of parking spaces
required for a multi - family use, as determined by the Building Official, based on the applicable
regulations effective April 3, 2012, will be applied to any development activity associated with
establishing or constructing a multi - family use for which a valid building permit was issued on or
prior to April 3, 2012. Other legal nonconforming situations are allowed to continue in
accordance with the provisions of Article 14 -4E of the City Code.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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.
Passed and approved this 15th day of May , 2012.
Ordinance No. 12 -4483
Page 3
in RM, lei _
ATTEST:
CITY ERK
Approved by
� o -d't� �
CITY ATTORNEY'S OFFICE
Ordinance No. 12 -4483
Page 4
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
_x Payne
x Throgmorton
First Consideration 4/17/2012
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dobyns.
NAYS: Dickens. ABSENT: None.
Second Consideration 5/1/2012
Voteforpassage: AYES: Mims, Payne, Champion, Dobyns, Hayek. NAYS: Dickens,
Throgmorton. ABSENT: None.
Date published 5/24/2012
M +9
LUD-1 0-12
�20
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
ORDINANCE NO. 12 -4484
ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN
RIGHTS," CHAPTER 4, ENTITLED "ENFORCEMENT," TO PROVIDE THAT THE
HUMAN RIGHTS OFFICE MAKE THE PROBABLE CAUSE DETERMINATION.
WHEREAS, the City Code presently provides that the Human Rights Office investigates the complaint
and makes a recommendation of probable cause to the City Attorney, who makes the probable cause
determination;
WHEREAS, it is more appropriate for the Human Rights Office to make the probable cause
determination because the Human Rights Office interviews the parties and witnesses and is better able to
determine credibility;
WHEREAS, it is more efficient if the Human Rights Office make the determination because it
eliminates a second layer of administrative review; and
WHEREAS, it is in the best interest of the City to provide that the Human Rights Office to make the
probable cause determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled
"Investigation of Complaints; Predetermination Settlement," is amended by deleting Subsections D, E, G,
and I, and substituting the following new Subsections D, E, G, and I in lieu thereof:
D. After reviewing materials responsive to the questionnaire /document request, the human rights
office shall determine whether the complaint warrants further investigation. If the human rights office finds
there is a reasonable possibility of a probable cause determination or the legal issues present in the
complaint need further development, the human rights office shall promptly resume the investigation of
the complaint. A complaint determined by the human rights office not to warrant further processing by the
human rights office shall be administratively closed. Notice of such closure shall be promptly served upon
the complainant and the respondent by certified mail. Service is effective upon mailing. Such notice shall
state the reasons for administrative closure.
E. A complainant may object to the administrative closure within ten (10) days of service by filing a written
request for review that states the basis for the objection. If a complainant makes a timely written request
for review of the administrative closure, the human rights office shall promptly review the complainant's
request and all relevant material. If, after review by the human rights office, it is determined that the
complaint does not warrant further processing, the human rights office shall close the file and notify the
complainant and respondent of the final decision of administrative closure. If, after review, the human
rights office determines that there is a reasonable possibility of a probable cause determination or the
legal issues presented in the complaint need further development, the allegations will be investigated
further.
G. Upon completion of the investigation, the human rights office shall issue a written investigative
summary and recommendation as to whether probable cause exists that the person charged in the
complaint has committed a discriminatory practice.
I. Any time after a complaint is filed under this title, but before the human rights office issues a probable
cause determination, the human rights office may seek a disposition of the complaint through a
predetermination settlement.
2. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled "Investigation
of Complaints; Predetermination Settlement," is amended by deleting Subsection H in its entirety.
3. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 3, entitled "Proceedings
on Complaints; Probable Cause," Subsections A, B, and C are amended by deleting them in their entirety
and substituting the following new Subsections A, B, and C in lieu thereof:
A. If the human rights office finds that probable cause exists regarding the allegations of the complaint,
the human rights office shall notify the complainant and the respondent of the finding. The human rights
Ordinance No. 12 -4484
Page 2
office shall promptly endeavor to eliminate the discriminatory or unfair practice by conference, conciliation
and persuasion.
B. If the human rights office finds that no probable cause exists, the human rights office shall issue a
written finding dismissing the complaint and notifying the parties of the complainant's right to appeal the
finding. Notice of the no probable cause determination shall be promptly mailed to the complainant and to
the respondent by certified mail. Service is effective upon mailing.
C. A complainant may object to the finding of no probable cause within ten (10) days of service by filing a
written request for review that states the basis for the objection. If a complainant makes a timely written
request for review of the finding, the human rights office shall hear the complainant's evidence within
thirty (30) days of the request for review. If no probable cause is again the finding after further review by
the human rights office, the human rights office shall notify the complainant in writing of the decision, and
shall close the file. If the human rights office finds probable cause after review, the human rights office
shall proceed with efforts to eliminate the discriminatory or unfair practice by conference, conciliation and
persuasion.
4. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 10, entitled "Civil
Action Elected- Housing," Subsection B, Paragraph 2b is amended by deleting it in its entirety and
substituting the following new Subsection B, Paragraph 2b in lieu thereof:
An aggrieved person shall not file an action under this section with respect to an alleged
discriminatory housing or real estate practice that forms the basis of a probable cause determination
issued by the human rights office if the commission has begun a hearing on the record under this chapter
with respect to the charge.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 15th day of May 2012.
MAYOR
ATTEST: l siLLi� sc>
CITY L-ERK
Approved b
1
City Attorney's Office
Ordinance No. 12 -4484
Page
It was moved W- Champion and seconded by Mims that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
X— Payne
X— Throgmorton
First Consideration 4/17/2012
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Second Consideration 5/1/2012
Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Date published 5/24/2012