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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. n DO N as E a O u) Ih O N I N N N of 3 U C RO W O 3 pN O N Q U I.- _..ru. N 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