HomeMy WebLinkAbout2006-06-27 Ordinance
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF THE OLD WEST BENTON STREET RIGHT-OF-WAY
LOCATED NORTH OF THE CURRENT WEST BENTON STREET AND EAST OF SOUTH
RIVERSIDE DRIVE,
WHEREAS, the applicant, Noah Kemp, has requested that the City vacate a portion of the old West
Benton Street Right of way located north of the current West Benton Street and East of South Riverside
Drive; and
WHEREAS, the City will retain an alley right-of-way between S. Riverside Drive and the Iowa River for
access to Ned Ashton Park and the Iowa River Corridor Trail; and
WHEREAS, the northern portion of the right-of-way was previously vacated and conveyed to the
adjacent property owner, Linder Tire; and
WHEREAS, the City has no plans to further develop the right-of-way for street access; and
WHEREAS, it is in the City's interest to vacate and dispose of public right-of-way, or portions thereof,
that will not be used for public access, and
WHEREAS, the Planning and Zoning Commission recommended vacation of a portion of this right-of-
way subject to the retention of any necessary utility easements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION. Subject to the retention of any necessary utility easements, the City of Iowa
City hereby vacates the portion of the right-of-way legally described as follows:
Commencing at the Southwest Corner of the Northwest One-Quarter of Section 15, Township 79
North, Range 6 West of the 5'" Principal Meridian, Iowa City, Johnson County, Iowa; Thence
N02'51'01"W, along the West line of the Northwest One-Quarter of said Section 15, a distance of
549.76 feet, to a point on the Centerline of Old Benton Street; Thence N86'54:03"E, along said
Centerline, 33.00 feet; Thence S02'51'01"E, 15.52 feet, to the Point of Beginning; Thence
N51'18'26"E, 2.92 feet; Thence N79'22'20"E, 15.91 feet; Thence N86'54'03"E, 168.85 feet; Thence
S02'51'01"E, 21.27 feet to a point on the South Right-of-way line of Old Benton Street; Thence
S86'54'03"W, along said South line, 186.98 feet, to a point on the East Right-of-Way line of South
Riverside Drive; Thence N02'51'01"W, along said East line, 17.48 feet, to said Point of Beginning. Said
Right-of-Way Vacation contains 0.09 acres, (3,740 square feet), and is subject to 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 flnal passage, approval and
publication, as provided by law.
Passed and approved this _ day of , 20_.
MAYOR
Ordinance No.
Page 2
ATTEST:
CITY CLERK
Approved It(JJij
l?l:.
City Attorney's Office
Ppdadmin/ordlvacate wbenton.doc
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Ordinance No.
Page _
It was moved by and seconded by
as read be adopted. and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 6/27/06
Vote for passage: AYES: Correia, Elliott, O'Donnell, Wilburn, Bailey, Cahmpion.
NAYS: Vanderhoef. ABSENT: None.
Second Consideration
Vote for passage:
Date published
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Sarah Walz
Item: VAC06-00003 A portion of the former
West Benton Street, east of Riverside Drive
Date: June 1, 2006
GENERAL INFORMATION:
Applicant:
Professional Muffler
708 S. Riverside Drive
Iowa City, IA 52246
Contact Person:
Noah Kemp
2140 Hwy 22
Kalona, IA 52247
Phone:
319-936-2534
Requested Action:
Vacation of right-of-way
Purpose:
To allow additional development area for an
adjacent property.
location:
Between S. Riverside Drive and Ned
Ashton Park trailhead and north of the
current W. Benton Street right-of-way.
Surrounding land Use and Zoning:
North: Commercial, CC-2
South: Commercial, CC-2
East: Public Park, P1
West: Commercial, CC-2
Comprehensive Plan:
Mixed Use and Public/Private Open Space
File Date:
May 1, 2006
BACKGROUND INFORMATION:
The Professional Muffler building sustained such substantial damage in the tornado of April 13
that it was not possible to restore the former building. In order to re-establish the vehicle repair
use in the CC-2 zone, the applicant is required to seek a special exception. The prior building was
a non-conforming structure-it did not meet the minimum 10-foot front and street side setbacks
required in the current Zoning Code. For a number of years, the applicant has relied on the lower
portion of the former West Benton Street right-of-way and adjacent City property to provide
parking for his business. The applicant's lot size is limited such that it is not possible for him to
construct a new building of a similar size and meet the current zoning requirements for setbacks,
parking, and screening.
2
The proposed vacation would extend east from S. Riverside Drive to the easternmost limit of the
applicant's property. The applicant is proposing to purchase from the City the gravel parking lot to
the east of his property, extending his property another 55-60 feet (approximate) east.
ANALYSIS:
Typically, vacating right-of-way can be recommended if, 1) it will not have a negative effect on
pedestrian or vehicular circulation, or planned circulation routes, 2) it will not be detrimental to
emergency vehicle or utility vehicle access to adjacent properties, and 3) it will not diminish
access to adjacent properties and is not needed for public or private utilities.
There is currently a sanitary sewer line located under this right-of-way. A utility easement will
need to be retained over this line. The City has notified private utilities companies about this
proposed vacation. There do not appear to be any private utility lines located within this right-of-
way. The City previously vacated a north portion of the former W. Benton Street right-of-way to
the property to the north, Linder Tire.
The City will retain a 20-foot alley to provide access to the trailhead at Ned Ashton Park and the
Linder Tire property. This will allow the City to vacate the southern portion of the right-of-way
without decreasing access to the area. There does not appear to be any public interest in
continuing to incur cost, staff-time and liability in maintaining the full right-of-way. Vacation of
the property will help the applicant to re-establish his business in compliance with current
zoning regulations.
The proposed vacation would extend east from S. Riverside Drive to the eastern most limit of the
applicant's property. The extent (length) of the vacation would be subject to resolution of the
applicant's proposal to purchase adjacent City property, which would extend the eastern limit of
his property approximately 55-60 feet.
STAFF RECOMMENDATION:
Staff recommends that VAC06-00003, an application to vacate the southem 33 feet of the former
West Benton Street right-of-way along the length of the applicant's property, be approved subject
to retention of any necessary utility easements.
ATTACHMENTS:
Location Map
Approved by: 4 ~
Robert Miklo, Senior Planner
Department of Planning and Community Development
S:\PCD Istaff reports. doc
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SITE LOCATION: Old West Benton Street V AC06-00003
PROFESSIONAL MUFFLER, INe.
708 S. Riverside Drive
Iowa City, IA 52246
319-337-2191
June 26, 2006
To: Mitch Behr and the City Council ofIowa City
RE: ill reference to the fonner West Benton Street disposition and the repair to sanitaI)'
sewer
Dear Mr. Behr and the City Council ofIowa City:
For your review, please find enclosed two copies of recorded documents concerning:
1. The former West Benton Street
2. Sewer right of way and conditions
Sincerely,
~Y
Professional Muffler, Inc.
708 S. Riverside Drive
Iowa City, IA 52246
319-936-2534
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Charles H. Ryerson, * Affidavit dated December 12, 1923.
Recorded Dec.12,1923, Book 134,page 199.
(15) to * Recites: *****that I am a son of George M.
Ryerson and Ann Elizabeth Ryerson, both now
The Public. * deceased; that my father George M. Ryerson
died intestate in Iowa City, Johnson County,
* Iowa, on April 23rd, 1900; that at the date
of his death he left survivin~ him Ann Elizabeth Ryerson, his wife, and the
following named children, bein~ his sole and only heirs at law; Charles H.
Ryerson this affiant, and Mary H. Ryerson and Georgiana Ryerson; that my
mother Ann Elizabeth Ryerson died in Iowa City, Johnson County, Iowa, on
ryp-cember 31st, 1910, a widow, she never haviuR remarried and at the date of
her death she left surviving her as her Sole and only heirs at law Charles
H. Ryerson this affiant, and Mary H. Ryerson and Georgiana Ryerson; that at
the nate of the death of my father he was the Ol~er of the followinrr describ-
ed real estate situated in Johnson County, State of Iowa, towlt: Comroa~cj_~
at a point 150 feet North of the southwest corner nf the ~~ of Section 15.
Township 79 North, of Renge 6 West of the 5th p.~~., runnin:;:>; "u'rRonce \\'I)"1't'r,
along the quarter section line to the south side o~ the right of way of the
Chicago, TIock Island & Pacific ~ailway Company; thence East along the south
line of said right of way to the Iowa River; thence south along the Iowa River
to a point 150 feet North of the south line of the ~n~~ of said Section 15:
thence west 1m '" parallel line to the place of beginning; that this affiant
and Mary H. Ryerson ann ~eor~iana Ryerson as the sole heirs at law of George
H. Ryerson and Ann Elizabeth Ryerson have been in the undisputed peaceable
possession of all of said uroperty, excepting that part now known as ~est
Benton Street and being the same that under a verbal agreement between Charles
H. Ryerson, Mpry H. Ryerson and Geor~iana Ryerson, with the ~ard of Super-
visors of Johnson County, Iowa, in 1901,~d be opened and USAf, ~s a Con-
.1!mLt Hoad and now known as West_ Bgntotl Street., ever Since-and dating the
denth of '}corR'e ,~. HY8rson an<1 Ann Rlizabeth Ryerson, and that neither the
title or our possession of said premises has ever been questioned, a~d that
during all nf said period of time no person has ever made or attempted to make
, o~ claim any title to, or possession of any part of said premises herein des-
t fribed aduerse t'J our interests as herein fully set forth.
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CITY CLEFiI<
IOvV/\ CITY IOWA
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This Affidavit is made in accoroance with Chanter 270 Acts of the 38th
General Assembly, and Chapter 55 Acts of the 39th General Assemhly of the
State of IO~Ja, for the purpose of exr;lain i nr: and establisllinc: the chain of
title to the real estate hereinabove described.
Certificate of ~ecorder recites: .****that the within affi~avit was
filed for record by Charles H. Ryerso-." one of the ollmer_ in p008ession of
the above described real estate as set forth in said affidavit.
J. M. Kadlec, Recorder.
M. H. Ryerson,
C. H. Ryerson and
Georganna Ryerson,
,* Right or Way Deed Q"t,eo Scptembe~ ''', 1923.
Recorded Dec.6,1923, Book 129,p8~e 130.
* Conveys: A sewer right of way for the pur-
pose of the constructio11 ano maintenance of
... a sewer main, over, across, throl1..-h and under
land owned by grantors, sGJ~ sewer riqht of
... way described as follows, to~it: Starting at
a point at or near the intersection of 3iver-
* side Drive and West 3enton Street in Iowa
City, Iowa, thence in a southeasterly direction ln such manner 8S to cross
the south fence line of W. Senton St. about 70 feet east of the said RiversidE
Drive on West Benton Street, continuin~ thence in a ~eneral southeasterly
direction to the Iowa River at a point; to be established by t~e City Engineer
of said Iowa City, about 210 feet north of the E & W center line of Se~tlon
15, all in Iowa City, Iowa, also grantine- in connection therewith the rig;11t
to construct and maintain a manhole along said sewer ri~ht of way. Said ~rant
however is made subject to t~e provision that if after said sewer is laid and
manhole ,constructed it becomes necessary to re-excavate for repairs, that
saldCity of Iowa Clty will pay unto said ~rantors or their assi7TIS nny
damage suffered by them because thereof.
Recites: *****for and in consideratim; of actimi taken or herea~ter
~~ be t~ken by the C!'ty Council of Iowa Cl ty, Iowa, in remitt1I1i2" 3ssessroents
.01" the west side s'ewer (now in the Course of constructio'l) which assessments
would otherwise be made upon our property lying east of Riversine Drive,
north of West Benton street, South of the C.R.I.& P.right of way, ~ west of
the Iowa River in Iowa City,IO_; or any otl1er appropriato action relieving
said property from such assessments; do hereby sell, grant and convey, et~.
(16)
to
City of Iowa City,
loweo
DEFEATED
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO.
AN ORDINANCE REZONING PROPERTY LOCATED AT 619 KIRKWOOD AVENUE, FROM LOW
DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) TO COMMERCIAL OFFICE (CO-1). (REZ06-
00012)
WHEREAS, the applicant, Bruce Teague, has requested a rezoning of property located at619 Kirkwood;
and
WHEREAS, the property at 619 Kirkwood Avenue is currently zoned Low Density Single Family (RS-5);
and
WHEREAS, the applicant has requested rezoning to Commercial Office (CO-1) to allow a commercial
office use.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning
classification Low Density Singie Family (RS-5) to Commercial Office (CO-1) is hereby approved:
619 Kirkwood Avenue.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County,
Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as
provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after Its final passage, approval and
publication, as provided by law.
Passed and approved this _ day of , 20_.
MAYOR
ATTEST:
CITY CLERK
eo/ft.-fkif
Ordinance No.
Page _
DEFEATED
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 6/27 /06
Vote for passage: NAYS: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. AYES:: None. ABSENT:None.
Second Consideration
Vote for passage:
Date published
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Sarah Walz, Associate Planner
Item: REZ06-00012
Date: May 18, 2006
GENERAL INFORMATION:
Applicant:
Bruce Teague
619 Kirkwood Avenue
Phone:
319-337-8922
Requested Action:
Rezoning from RS-5 to CO-1
Purpose:
To allow a commercial use of the property
Location:
619 Kirkwood Avenue
Size:
45x 150
Existing Land Use and Zoning:
,
\
Surrounding Land Use and ZOPling:
\
Residential, 2-8 dwelling units per acre
North:
South:
East:
West:
Residential; RS-8
Residential; RS-5
Residential; RS-5
Commercial; CO-1
Comprehensive Plan:
Residential, 2-8 dwelling units per acre
File Date:
April 27, 2006
June 13, 2006
45 Day Limitation Period:
BACKGROUND INFORMATION:
The applicant, Bruce Teague, is proposing that property located at 619 Kirkwood Avenue be
rezoned from Low Density Single-Family Residential (RS-5) to Commercial Office (CO-1). The
subject property currently contains a single-family residence and abuts property zoned CO-1 to
the west.
ANALYSIS:
The Comprehensive Plan indicates that the subject property and the area to the east, north, and
south should continue to be developed for residential purposes at a density of 2-8 dwelling units
per acre. The Comprehensive Plan's discussion of the Central Planning District identifies
Kirkwood Avenue as an area of particular concern with regard to the capacity of the street to
handle increased traffic as well as the need to preserve existing neighborhood integrity.
In 1993, the City rezoned the abutting property to the west at 617 Kirkwood from RS-5 to
2
Commercial (CO-1), to allow an extension of an existing commercial use, the Lensing Funeral
Home. At the time staff expressed concern that the expansion of the commercial zone would
erode a clear demarcation between residential and commercial uses in the area and result in
"further requests for commercial zoning along Kirkwood Avenue."
A condition of the 1993 rezoning required the property owner to close street access to the
rezoned property at 617 Kirkwood. Access to the rezoned property would be required via an
access easement at 605 Kirkwood. The intent was to direct business traffic entering the site away
from the residential properties and to make it less likely that a strip pattern of commercial uses
would develop along this portion of Kirkwood. In addition the property owner was required to
install a landscaped buffer to provide an area of transition between the commercial development
and the adjacent residential properties.
Since that time, residential neighbors as well as some existing commercial developments have
expressed concern over traffic on Kirkwood Avenue. Vehicle access to the properly now under
consideration is via a single lane driveway that requires backing onto Kirkwood, raising safety
concerns. If this properly is to be converted to office uses, most of the area in front of the existing
house would be required to be paved in order to accommodate drives and parking. While the
property may also be accessed from the rear via an unpaved alley off of Diana Street, any parking
would need to meet the design and screening standards in the Zoning Code. Parking in the rear
would bring commercial traffic through a residential neighborhood and thus potentially affect the
private character of the backyards adjacent to the alley.
The lot at 619 Kirkwood is narrow, just 45 feet, and the present house sits close to the properly
line. If the house is maintained there is minimal opportunity to provide a buffer or transition
between an expanded commercial zone and the abutting residential properties. If the house is
removed and the site redeveloped, which is possible if a commercial rezoning is granted, the
residential character of the neighborhood will be further eroded.
While the applicant has indicated that his particular business and use for the building would not
have clients coming to and from the site, a rezoning to CO-1 will allow more intensive commercial
reuse of the property, which would be less compatible with the adjacent residential neighborhood.
A rezoning is, by definition, not restricted to the current owner or the intentions of the applicant,
but runs with the property without regard to change in circumstance or ownership.
Meanwhile, there does not appear to be any change in circumstances with regard to the particular
property now under consideration that warrant a rezoning. There does not seem to be a shortage
of vacant office space in Iowa City. General office uses are permitted in all commercial zones. The
only justification provided by the applicant for rezoning the property for commercial use is to
reduce the overhead cost (rent) for his business. However, the particular constraints or the
specific uses proposed by an individual do not, on their own, provide sufficient justification for a
rezoning.
Rezoning residential property simply to make a property more affordable for an individual
commercial use undermines the purpose of zoning as spelled out in Chapter 1 of the Zoning
Code. This includes, "encourage(ing) the most appropriate use of land and foster(ing) convenient,
compatible and efficient relationships between land uses", "promote(ing) the economic stability of
existing and future land uses that are consistent with the Comprehensive Plan and protect(ing)
them from intrusions by incompatible land uses", "Iessen(ing) congestion in the streets and
promote(ing) safe and effective access to property".
STAFF RECOMMENDATION:
Staff recommends that the proposed zoning change for property located at 619 Kirkwood Avenue
3
from RS-5 to CO-1 be denied.
ATTACHMENTS:
1. Location Map
2. Aerial view
3. Applicant's statement
Approved by: 4~~k
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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I SITE LOCATION: 619 Kirkwood Ave. RElO6-00012
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c,9. r~jI\,g HI'. jl\,ols S More LLC,
420 Waterway Dr
Iowa City, IA 52246
Phone 319-337-8922
Toll Free 866-537-8922
My name is Bruce Teague, currently my primary residence located at 619
Kirkwood Ave. is zoned for a single family resident. I'm seeking to have my property
rezoned as commercial. My property line begins the residential zone and sits adjacent to
Lensing Funeral Home, of which is zoned for commercial use. I'm requesting the
commercial zoned boundaries be extended to include my property.
Caring Hands & More LLC ("CHAM") has been operating out of my former
residence since October 2004 with the staff of one person. "CHAM" is a home care
agency providing medical and non-medical care services for individuals of all ages, ethnic
and cultural backgrounds. Our largest client base services elderly and end oflife
(Hospice) clients within Johnson County and its surrounding areas.
In 2001, the state ofIowa raked #1 in the nation for person's age 85 and older and
ranked #3 for persons 65 and older. The elderly community within Johnson County and its
surrounding areas is vastly rising and the desire by the elderly to remain in their home
environment is prevalent.
In order to adequately meet the community needs it's imperative that "CHAM's"
Administrative Team grows to accommodate the increasing needs of Elderly within
Johnson County and its surrounding areas.
Cost associated specifically with "non-direct" revenue administrative staff is
expensive. If my primary residence at 619 Kirkwood Ave was rezoned to include
commercial use this would significantly reduce overhead cost providing a facility for
professional services to be adequately administrated. Also, it would contribute to our
services remaining more affordable our clients, of which are 90% Elderly.
The basis of our business does not necessitate clients to come to our office since
their home is where care assistance is provided. The projected office administrative team
is projected to increase to the following:
1- Full-Time (immediately)
1- Part-Time (starting in July increasing to full-time as need appropriates)
1- Part-Time (starting in 2007)
I look forward to your approval of the rezoning of the aforementioned..Qroperty~,
o ~~
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t~~C;: 2f( Y>d g
Bruce Ali Teague III r
April 27. 2006
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Page 1 of 1
Marian Karr
From: WinHII@aol.com
Sent: Thursday, June 15, 2006 11 :06 AM
To: 'City Council
Subject: Property at 619 Kirkwood Avenue
June 15, 2006
Council Members:
I urge you to accept the decision made by the Planning & Zoning Commission and vote against rezoning the
property at 619 Kirkwood Avenue from RS-5 to CO-1.
I live at 1105 Diana Street, around the corner and down the street from the Kirkwood Avenue property. The
back yard of this property extends to the unpaved alley on Diana Street. Our family built our home on Diana
Street in 1955. Although the makeup of the neighborhood has changed through the years, it remains a fine
neighborhood. A Habitat for Humanity home was built on Diana Street last year.
I would hate to see this neighborhood turned into one of businesses and apartments as business interests
. attempt to encroach upon us. Please vote against the rezoning.
Sincerely,
Winifred Holland
6/15/2006
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO.
AN ORDINANCE REZONING PROPERTY LOCATED ALONG SOUTH GILBERT STREET, SOUTH
OF WATERFRONT DRIVE AND NORTH OF SOUTHGATE AVENUE, FROM INTENSIVE
COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2). (REZ05-00022)
WHEREAS, the applicant, Diane Schoenauer, has requested a rezoning of property located at 160
Stevens Drive from Intensive Commercial (CI-1) to Community Commercial (CC-2) to allow a retail use; and
WHEREAS, the applicant is supported in her request by neighboring property owners along South
Gilbert Street for a larger rezoning; and
WHEREAS, the Planning and Zoning Commission has found that the Comprehensive Plan identifies the
South Gilbert Street Corridor for rezoning for office/retail uses; and
WHEREAS, the Planning and Zoning Commission has found that the South District Plan identifies the
South Gilbert Street Corridor as General Commercial in its "Future Land Use Scenario"; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
rezoning; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning
classification of Intensive Commercial (CI-1) to Community Commercial (CC-2) is hereby approved:
Lot 12, Lot 16, Lot 10, Lot 11, Lot 4, Lot 2 and that part of Sand Lake Addition beginning at the Northeast
corner of Lot 13, thence south 157.7', N 89 Deg W 50', N 157.7', S 89 Deg E 50' to the Point of Beginning
of the Sand Lake Addition according to the plat thereof recorded in Book 734, Page 165, Plat Records of
Johnson, County, Iowa.
And,
Lot 2; Lot 3; Lot 4; Lot 5 of Kennedy's Waterfront Addition Part 1.
And,
Lot 1; Lot 2; Lot 3; Lot 4 of Kennedy's Waterfront Addition Part 2.
And,
Lot 6 of Kennedy's Waterfront Addition part 3.
And,
Beginning at the southwest corner of lot 5 of Kennedy's Waterfront Addition Part One; thence, S89"22'49"
E, along the southerly line of said Lot 5, 216.15'; thence SOO"18'44'W, 103.52'; thence N89"41'16" W,
212.42'; thence N01"43'46" W, 104.75' to the point of beginning.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County,
Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as
provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Ordinance No.
Page 2
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this _ day of
,20_.
MAYOR
ATTEST:
CITY CLERK
Ap~ by
CityAtt~ 4
~/'Ulp(..
PpdadminlordlREZD5-DDD22 south gilbert. doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilbum
First Consideration 6/27 106
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
s-'"
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO.
AN ORDINANCE R
OF WATERFRONT
COMMERCIAL (CI-1)
ONING PROPERTY LOCATED ALONG SO TH GilBERT STREET, SOUTH
DRIVE AND NORTH OF SOUTHGAT AVENUE, FROM INTENSIVE
COMMUNITY COMMERCIAL (CC-2). EZOS-00022)
WHEREAS, the applicant, iane Schoenauer, has requested rezoning of property located at 160
Stevens Drive from Intensive Co ercial (CI-1) to Community Co mercial (CC-2) to allow a retail use; and
WHEREAS, the applicant is s ported in her request by eighboring property owners along South
Gilbert Street for a larger rezoning; an
WHEREAS, the Planning and Zoni Commission has fo d that the Comprehensive Plan identifies the
South Gilbert Street Corridor for rezoning r office/retail uses' and
WHEREAS, the Planning and Zoning mmission ha found that the South District Plan identifies the
South Gilbert Street Corridor as General Com ercial in its' uture land Use Scenario"; and
WHEREAS, the Planning and Zoning mmissi has recommended approval of the proposed
rezoning; and
WHEREAS, the Iowa City City Council concu ith the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCil OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property d cribed be w is hereby reclassified from its current zoning
classification of Intensive Commercial (CI-1) t Community mmercial (CC-2) is hereby approved:
lot 12, lot 16, lot 10, lot 11, lot 4, lot and the West 20' Lot 1, and that part of Sand lake Addition
beginning at the Northeast corner of lo 13, thence south 157. " N 89 Deg W 50', N 157.7', S 89 Deg E
50' to the Point of Beginning of the Sa tJ Lake Addition according 0 the plat thereof recorded in Book 734,
Page 165, Plat Records of Johnson, ounty, Iowa.
And,
Lot 2, lot 3 and the East 55' 01 he North 20' of Lot 4; Lot 4, except the st 55' of the North 20'; Lot 5 of
Kennedy's Waterfront Additio Part 1.
And,
lot 1, the West half of ot 2, and the North 5' of the East half of Lot 2; Lot 3 a~ the East half of Lot 2,
except the North 5' of ot 2; Lot 4 of Kennedy's Waterfront Addition Part 2. \
\\
\,
And,
Lot 6 of Kennedy's Waterfront Addition part 3.
And,
\"
Beginning at the Southwest corner of Lot 1,; Thence S89-22'-49" E, along the Southerly line of said
Kennedy's Waterfront Addition-Part One, 212.42'; Thence NOO-18'-44" E, 103.52'; Thence S89-22'-49"
E, 216.15' of Kennedy's Waterfront Addition-Part 1, Iowa City, Iowa, in accordance with the Plat thereof
recorded in Plat Book 22, Page 56, of the Records of the Johnson County Recorder's Office
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
Ordinance No.
Page 2
SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of-ll1.is ordinance, and record the same in the Office of the County Recorder, Johnson County,
Iowa, at the Owners- expense, upon the final passage, approval and publication of this ordinance, as
provided by law. ".
SECTION IV. REPEALER All ordinances and parts of ordinances in qonflict with the provisions of this
Ordinance are hereby repealed. .
SECTION V. SEVERABILITY. If any section, provision or part of the lZlrdinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity 'f the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitution .
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in e ct after its final passage, approval and
publication, as provided by law. .
Passed and approved this _ day of
MAYOR
CITY CLERK
ATTEST:
Approved by
l#i
City Attorney'
STAFF REPORT
To: Planning & Zoning Commission
Item: REZ05-00022
Prepared by: Sarah Walz
Date: June 1, 2006
GENERAL INFORMATION:
Applicant:
Diane Schoenauer
8350 Hickman
Suite 5
Clive, IA 50325
Pat Kennedy
1805 Waterfront Drive
Iowa City, IA 52240
Contact Person:
Russell Schoenauer, Jr.
8350 Hickman
Suite 5
Clive, IA 50325
Phone:
515-251-7332
Requested Action:
Rezoning from CI-1 to CC-2
Purpose:
To allow retail uses.
Location:
Commercial property along South Gilbert Street
between Waterfront Drive and Southgate Avenue.
Size:
Approximately 10.38 acres
Existing Land Use and Zoning:
Commercial Intensive (CI-1), current uses include
office, retail, outdoor storage and display, and light
manufacturing.
Surrounding Land Use and Zoning:
North: Commercial (CC-2)
South: Undeveloped (CI-1)
East: Commercial (CI-1)
West: Commercial (CI-1)
Comprehensive Plan:
Commercial
File Date:
December, 2005
45 Day Limitation Period:
Waived
BACKGROUND INFORMATION:
In December 2005, an application was filed by Diane Schoenauer to rezone property at 160
Stevens Drive from Commercial Intensive (CI-1) to Community Commercial (CC-2). Staff advised
2
the applicant that rezoning just one lot in this area would constitute a spot zoning and that in
order to receive a positive staff recommendation, we advised the applicant that some of the
neighboring owners would need to consent to rezoning their properties along Gilbert Street from
CI-1 to CC-2. In February there was a property owner meeting to present information regarding
the requirements of the CC-2 zone and the CI-1 zone. At that meeting several property owners
expressed opposition to having their properties rezoned and the rezoning request was put on
hold.
In April, Pat Kennedy, one of the adjacent property owners, inquired about reactivating this
rezoning request. Mr. Kennedy visited with several property owners along Gilbert Street and
determined that a majority of them now support the rezoning from CI-1 to CC-2.
ANALYSIS:
The purpose of CI-1 zone is to provide areas for businesses whose operations are typically
characterized by outdoor storage and display of merchandize, by repair and sales of large
equipment or motor vehicles, or by activities or operations conducted in buildings that are not
entirely enclosed. In general, the CI-1 zone allows quasi-industrial uses that are not compatible
with retail areas. The proposed CC-2 zone is characterized by businesses that cater more broadly
to the general public, including retail, office, and restaurant uses.
Currently the CI-1 zone extends from just south of Waterfront Drive to the Crandic Railroad
Line. Land uses west of S. Gilbert along Stevens Drive include industrial service,
warehouse/storage and vehicle repair uses that are associated with the CI-1 zone. Land uses
east of Gilbert along Waterfront Drive include wholesale, office, and other uses. Properties to
the north, directly adjacent to Highway 6, are already zoned CC-2 and include banking (Hills
Bank), grocery (HyVee and Aldi), retail (Office Depot, Zephyr, Advance Auto Parts, etc.), and
restaurants (Los Portales and Carlos O'Kelly's).
Most of the properties along South Gilbert Street contain uses that are appropriate in the CC-2
zone, including a number of office and retail uses. While some current uses (office medical and
accessory apartments) have been identified as non-conforming in the CI-1 zone, none of the
current uses would appear to be non-conforming in the proposed CC-2 zone.
The South District Plan identifies the South Gilbert Street Commercial Corridor for various
street enhancements and encourages commercial redevelopment in this area. As residential
development proceeds further south, S. Gilbert Street will become a more traveled entryway to
the city. As Iowa City grows in general, this portion of Gilbert Street, with its ready access to
Highway 6, will become a more desirable and more appropriate area for certain types of
commercial redevelopment. The South District Plan recognizes the CI-1 uses as "inconsistent"
with the goal of providing and attractive entrance into Iowa City, and encourages "general
commercial" development with careful attention to landscaping, site design, and other aesthetic
improvements.
Traffic implications
Overtime as properties in this area develop with retail uses, it can be expected that traffic
volumes will increase. The current configuration of Gilbert Street and Highway 6 will need to be
improved to accommodate more traffic. This intersection is the highest volume most poorly
functioning arterial street intersection in Iowa City at this time. The reconstruction of this
intersection is currently in the Capital Improvements Program for 2008. If this rezoning is
approved staff would recommend that these planned improvements not be delayed.
There also needs to be better access control to properties than the existing pattern that has
evolved. This needs to be combined eventually with a capital improvements project that will
ppdadmin\stfrep\rezOS-QOO22 s. gilbertdoc
3
construct a center turn lane on Gilbert Street through the commercial area south of US 6.
STAFF RECOMMENDATION:
Staff recommends that REZ05-00022, a rezoning from Intensive Commercial (CI-1) to Community
Commercial CC-2 for approximately 10.38 acres of property along South Gilbert Street, South of
Waterfront Drive and north of Southgate Avenue, be approved.
ATTACHMENTS:
1. Location map
2. Correspondence
Approved by: ~ /tu, ·
Robert Miklo, Senior Planner,
Department of Planning and Community Development
ppdadmin\slfrep\rez05-00022 s, gilbert. doc
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Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ06-00013)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING 20.79 ACRES OF PROPERTY LOCATED ON
LOWER WEST BRANCH ROAD, WEST OF TAFT AVENUE FROM INTERIM DEVELOPMENT
SINGLE-FAMILY RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE-FAMILY
RESIDENTIAL (RS-5) ZONE. (REZ06-00013)
WHEREAS, Arlington Development, LLC has applied for a rezoning of approximately 20.79 acres of
property from Interim Development Single-Family Residential (ID-RS) Zone to Low Density Single-Family
Residential (RS-5) Zone; and
WHEREAS, said property is located on Lower West Branch Road, west of Taft Road; and
WHEREAS, the Northeast District Plan identifies the area as appropriate for low density single-family
residential type development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard
public input; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning, and has
recommended approval subject to conditions; and
WHEREAS, the conditions recommended by the Commission are related to the design of future
subdivision and open space, and to funding of the future improvements to Lower West Branch Road.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from Interim
Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential Zone (RS-5):
Commencing at the Northeast corner of the Southeast Quarter of Section 7, Township 79 North,
Range 5 West, of the 5th P.M., Iowa City, Johnson County, Iowa; Thence N89058'56"W, along the
North line of said Southeast Quarter, 717.27 feet, to the Point of Beginning; Thence S03017'33"E,
362.35 feet, Thence S11042'27"E, 104,62 feet; Thence N60023'10''E, 85.89 feet; Thence
S47"25'02"E, 184.92 feet; Thence S18009'37"E, 302.29 feet; Thence S02002'55'W, 478.83 feet;
Thence S12048'20"W, 445.52 feet; Thence S89059'58'W, 603.36 feet; Thence N42004'38"E, 279.14
feet, Thence Northeasterly 593.57 feet, along an arc of a 500.00 foot radius curve, concave
Northwesterly, whose 559.32 foot chord bears N08004'05"E; Thence N25056'27'W, 764.11 feet;
Thence S87046'23"W, 272.58 feet; Thence NOooOO'OO"E, 309.80 feet, to a point on said North line;
Thence S89058'56"E, along said North line, 713.21 feet, to the Point of Beginning. Said tract of land
contains 20.79 acres, and is subject to easements and restrictions of record.
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. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the attached
Conditional Zoning Agreement between the property owners, the applicant, and the City of Iowa City.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed
Ordinance No.
Page 2
to certify a copy of this ordinance and the Conditional Zoning Agreement 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 V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this _ day of
,20_.
MAYOR
ATTEST:
CITY CLERK
APibY ~
Y/~
City A orney's Office
&!t<f-kfLJ
PCD\Staff Reports\ORD\REZ06-00013 Lower\IVestBranchRoad.doc
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (REZ06-00013)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Arlington Development, Inc. (hereinafter "Applicant") and Jerry F.
Lindemann (hereinafter "Owner"); and
WHEREAS, Owner is the legal title holder of approximately 20.79 acres of property located on
lower West Branch Road, west of Taft Avenue; and
WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property
from Interim Development Single-Family Residential (ID-RS) zone to low-Density Single-Family
Residential zone (RS-5); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the design of the future subdivision and funding of future improvements to
lower West Branch Road, the timing of the rezoning is appropriate and the Low Density Single-
Family Residential (RS-5) zoning is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code ~414.5 (2005) provides that the City may impose reasonable conditions
on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property conforms to the neighborhoods design
principles and open space provisions of the Northeast District Plan and the Comprehensive
Plan goals and to ensure that proportional contribution is made toward future reconstruction of
lower West Branch Road; and
WHEREAS, Owner and Applicant agree to use this property in accordance with the terms and
conditions of a conditional zoning agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Jerry F. Lindemann is the legal title holder and Arlington Development, Inc. is the
applicant for a rezoning of the property legally described as follows:
1
______"._~~_._~.__,__"_..._____,,__.________'~.__"._'____.__._._,....__~~_____________,_.._.__". ________._ ___"_____._,____~__._.__..___...,_____________._.__"m ___
Commencing at the Northeast corner of the Southeast Quarter of Section 7, Township
79 North, Range 5 West, of the 5th P.M., Iowa City, Johnson County, Iowa; Thence
N89058'56'W, along the North line of said Southeast Quarter, 717.27 feet, to the Point
of Beginning; Thence S03017'33"E, 362.35 feet, Thence S11042'27"E, 104.62 feet;
Thence N60023'10''E, 85.89 feet; Thence S4r25'02"E, 184.92 feet; Thence
S18009'37"E, 302.29 feet; Thence S02002'55'W, 478.83 feet; Thence S12048'20'W,
445.52 feet; Thence S89059'58'W, 603.36 feet; Thence N42004'38"E, 279.14 feet,
Thence Northeasterly 593.57 feet, along an arc of a 500.00 foot radius curve, concave
Northwesterly, whose 559.32 foot chord bears N08004'05"E; Thence N25056'27'W,
764.11 feet; Thence S8r46'23'W, 272.58 feet; Thence NOooOO'OO"E, 309.80 feet, to a
point on said North line; Thence S89058'56"E, along said North line, 713.21 feet, to the
Point of Beginning. Said tract of land contains 20.79 acres, and is subject to easements
and restrictions of record.
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential
development that conforms to the Comprehensive Plan and the neighborhood design
policies contained within the Northeast District Plan. Further, the parties acknowledge
that Iowa Code !l414.5 (2005) provides that the City may impose reasonable conditions
on granting an applicant's rezoning request, over and above the existing regulations, in
order to satisfy public needs caused by the requested change, including provisions for
adequate infrastructure necessary to support urban development. Therefore Owner and
Applicant agree to certain conditions over and above City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning code, as well as the following conditions:
a. Owner and Applicant agree that any future development of this property will be in
compliance with the neighborhood design principles of the Northeast District
Plan, and that the City will take these policies into consideration during review of
such development. these polices include, but are not limited to, the provision of
interconnected street system, cul-de-sac streets only where other options are not
practical, designing sidewalk and trail connections and neighborhood access to
open spaces, as an integral part of the neighborhood. In this instance, any future
development shall ensure retention of the remnants of the stone bridge in a
manner that provides public access to this feature as per a previous conditional
zoning agreement.
b. Prior to any plat or development being approved on the property north of midway
point between Lower West Branch Road and Court Street, the Owner, Applicant
to agree contribute proportional cost of Lower West Branch Road improvement,
at a rate of $6,424.44 per acre of property, (a total of $133,564.00 for 20.79
acres) at the time of final plat approval. Said funds shall be deposited with the
City prior to the first occupancy permit being issued for any lot in any final plat on
this property.
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code !l414.5 (2005), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Applicant, and City acknowledge that in the event the subject property is
2
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this _ day of
,2006.
CITY OF IOWA CITY
Jerry F. Lindemann
Ross Wilburn, Mayor
cSF~
Attest:
Marian K. Karr, City Clerk
Approved ~.
C. b /; <rlcx...,
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 20_, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
3
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
JERRY F. LINDEMANN ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this I r day of 4lLl\.e-. ,A.D. 20~, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Je-rr'( Llnde-wc...."..
to me personally known, who, being by me duly sworn, did say that they are the
, of said corporation executing the within and foregoing instrument to
which this is attached, that said instrument was signed and sealed on behalf of the seal affixed
hereto is the seal of said corporation by authority of its Board of Directors; and that the said
Jur'{ l..i...!e.._K-n. as such officers acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation, by it and by them voluntarily executed.
~<~..} 4(. ~
Notary Public in and for the State of Iowa
My commission expires: q-;;':3 -o~
ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this /1 day of Jf.,l he..., A.D. 20~, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared ~:fcAlL Otov-e ~1<.<lJ ~.
to me personally known, who, being by me duly sworn, did say that they are the
~cre+t>Xu , of said corporation executing the within and foregoing instrument to
which this is 'attached, that said instrument was signed and sealed on behalf of the seal affixed
hereto is the seal of said corporation by authority of its Board of Directors; and that the said
-:Jo,",,,, l"lI.or"b..J ;1"". as such officers acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation, by it and by them voluntarily executed.
~
Nota Public in and for said County and State
My commission expires: 1- CJ.3 -0 ~
\PCO\Slaff Reports\ORD\CZA Lower West Branch Road.doc
4
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 6/27/06
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
.O'Donnell. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Sunil Terdalkar
Item: REZ06-00013 Lower West Branch Road Date: June 1, 2006
GENERAL INFORMATION:
Applicant:
Arlington Development, Inc.
1486 South First Ave.
Iowa City, IA 52240
(319) 330-8058
Contact Person:
Duane Musser
MMS Consultants, Inc
1917 S. Gilbert Street
Iowa City, IA 52740
Phone:
(319) 351-8282
Requested Action:
Rezoning from ID-RS to RS-5
Purpose:
Development of low-density residential
subdivision
Location:
On Lower West Branch Road, west of Taft
Avenue
Size:
Approximately 21.78 acres
Existing Land Use and Zoning:
Undeveloped - ID-RS
Surrounding Land Use and Zoning:
North: Undeveloped, County residential - R
South: Undeveloped Residential- RS-5, RM-12
East: Undeveloped, Residential - ID-RS
West: Residential - RS-5
Comprehensive Plan:
Low Density Residential
Neighborhood Open Space District
Lower West Branch
File Date:
May 11, 2006
June 19, 2005
45 Day Limitation Period:
BACKGROUND INFORMATION:
The applicant, Arlington Development, Inc., is requesting approval for rezoning a 21.78-acre
property from Interim Development (ID-RS) to Low Density Single-Family Residential (RS-5) zone.
The property is located on Lower West Branch Road along the western edge of south branch of
Ralston Creek, west of Taft Avenue. The property is part of the Stone Bridge Estates development
under the ownership of Arlington Development, Inc.
2
ANALYSIS:
Comprehensive Plan and Zoning: The property is part of the Lindemann Hills Neighborhood of the
Northeast Planning District. The Northeast District Plan identifies this area as suitable for low
density residential development. The current zoning, Interim Development Single-family
Residential (ID-RS) Zone permits limited development of the property due to the lack of adequate
public infrastructure such as, access streets and utility services. The proposed Low Density
Single-Family Residential (RS-5) Zone would allow for a development with a maximum density of
five dwelling units per acre and a minimum lot area of 8,000 square feet. This is consistent with
the Comprehensive Plan vision and compatible with the zoning and development pattern of the
land adjacent to this property.
The Comprehensive Plan encourages compact, development with streets network that is pleasant
for pedestrians and motorists, accessible open spaces, provisions for trails and bike-way
connections. This property includes sensitive areas, such as a drainage way and regulated slopes.
Remnants of a historic stone railroad bridge also exist on the property. Any future development of
this land should consider preserving and incorporating these natural features. A Conditional
Zoning Agreement (CZA) signed at the time of annexation and rezoning for a land parcel that
included this property. The CZA requires that development of the property is planned in
accordance with the neighborhood design policies of the Northeast District Plan and retention of
the stone bridge is ensured in a manner that the provides publiC access to the feature. Compliance
with these conditions should be carried over to this rezoning and incorporated into future
subdivision plats.
Traffic Implications: The property can be accessed from a collector street-Lower West Branch
Road and neighborhood streets from the adjacent subdivision Stone Bridge Estates Part 3 and
Part 4 on the west. The property has close proximity to other arterial streets-Taft Avenue on the
east and Court Street on the south.
Staff estimates that approximately 80 dwelling units can be developed on this 21.78-acer property.
This would generate approximately 600 vehicle trips per day. Lower West Branch Road is
currently a narrow chip-seal road and needs to be improved to City Standards. Improvements to
Lower West Branch Road are part of the Capital Improvement Plan for the financial year 2007.
Once development is proposed on this property, the applicant/owner will be required to dedicate land
to the City as public right-of-way for Lower West Branch Road and provide necessary utility and
construction easements.
As a condition of approval of this rezoning, staff recommends that the applicant/owner be required
to share the proportional cost of improvement for the portion of Lower West Branch Road that
borders this property. The City Engineer estimates the per-linear-foot-cost for Lower West Branch
Road improvement project as $749.16. The proportional cost of upgrading the road will be
determined by the formula developed by the Johnson County Council of Governments for assigning
costs related to a street improvement. Lower West Branch Road is a collector street. Therefore, the
first step is to apply the assumption that 50% of the function of a collector street is for through
traffic, while 50% is to provide access to adjacent properties ($749.16/2 = 374.58). This results in
per-linear-foot-cost being applied to adjacent properties for access. The next step is to divide this
amount, as the proposed development is on only one side of Lower West Branch Road ($374.58/
2 = $187.29). This resulting amount in per-linear-foot-cost multiplied by the length of the property
boundary along Lower West Branch Road will be the applicant/owner's proportional share for the
improvement project ($187.29 x 854.71 feet = $160,078.64). These funds may be paid in
conjunction with the final plat approval, along with other development fees.
It is staff's understanding that this property will be developed in conjunction with other adjoining
pcd\Staff Reports\nlz06-00013IowelWestbranch
3
properties under the same ownership on the south along Court Street, on the east along Taft
Avenue and the undeveloped portion of previous Stone Bridge Estates on the west. At the time of
subdivision development access to collector and arterial streets, and neighborhood street layout
should be consistent with the Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends that REZ06-00013, a rezoning of approximately 21.78 acres from Interim
Development Single-family Residential (ID-RS) to Low Density Single-family Residential (RS-5)
located on Lower West Branch Road, west of Taft Avenue, be approved, subject to a conditional
zoning agreement specifying that the applicant/owner would share the proportional cost of
improvement for Lower West Branch Road and that future subdivisions will comply with the
neighborhood design policies of the Northeast District Plan and retention of the stone bridge is
ensured in a manner that the provides public access to the feature.
ATTACHMENTS:
Location Map
Approved by: ~r-
Robert Miklo, Senior Planner,
Department of Planning and Community Development
pcd\Staff Reports\rez06-QOO13 lowerweslbranch
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SITE LOCATION: West of Taft Ave., south of Lower West Branch Rd. REZ06-00013
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Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO CLARIFY CERTAIN SPECIFIC
PROVISIONS WITHIN ARTICLE 2B, MULTI-FAMILY RESIDENTIAL ZONES, ARTICLE 2C,
COMMERCIAL ZONES, ARTICLE 2D, INDUSTRIAL AND RESEARCH ZONES, ARTICLE 4B, MINOR
MODIFICATIONS, VARIANCES, SPECIAL EXCEPTIONS, AND PROVISIONAL USES, ARTICLE SA, OFF
STREET PARKING AND LOADING STANDARDS, AND ARTICLE SA, GENERAL DEFINITIONS.
WH EREAS, clarification of regulations for drives external to parking lots versus those that are internal
to parking lots is necessary so that screening and location standards for parking lots can be applied
consistently and fairly; and
WHEREAS, the proposed changes will make it clear that the site development standards for exterior
stairways and corridors apply to exterior stairways and corridors that are located above the first or ground-
level floor of a building and not to stoops or arcades located at ground level; and
WHEREAS, adding a minor modification option in the commercial, industrial and research zones,
similar to the option in the multi-family zones, will provide relief from site development standards in cases
where the site development standards are not feasible due to difficult site conditions or other unique
circumstances; and
WHEREAS, modifications to the building material requirements for large retail uses will allow use of
tilt-up concrete panels, a less costly material, provided that the panels are adorned by a veneer of brick or
stone or stamped to appear as brick or stone; and
WHEREAS, revising the standard for ground-level floor height of storefront commercial buildings will
provide needed flexibility for sloping building sites, without compromising the objectives of the regulations;
and
WHEREAS, revising standards for the location of driveways in the CB-2, CB-S, and MU zones will
allow flexibility for difficult site conditions or unique circumstances where street access may be preferable
over alley access, while ensuring that access points are located and designed to minimize traffic
congestion and hazards to pedestrians and to preserve street frontages for active building uses.
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. By deleting paragraphs 14-2B-QC-2 and 14-2C-9E-2 in their entirety and substituting in lieu
thereof:
2. Aisles and Drives
Drives that are internal to a parking area, including drives that provide circulation around
the perimeter of the parking area are considered part of the parking area and must meet
the location standards for parking areas as stated in paragraph 1, above, and the
landscape buffering standard as stated in paragraph 3, below. A non-hard surfaced drive
or aisle that is external to a parking area may not be located closer than 3 feet to a lot line,
except at the point of access with a street, alley, or private rear lane. Hard-surfaced drives
that are external to a parking area must be set back at least 3 feet from any side or rear lot
line, except under the following circumstances:
a. The drives and aisles are pitched or curbed and drained to prevent the flow of water
onto adjoining property; or
b. A drainage course has been established along lot lines to handle storm water runoff; or
c. Any specific location along a side or rear lot line where a drive is shared with an abutting
lot; or
d. At the point of access with an alley or private rear lane.
B. By deleting Figures 2B.4 and 2C.3 and substituting in lieu thereof the following illustration:
Ordinance No.
Page 2
t...." ~'. ~r.:.,"
Unacceptable
Street Street Street
Acceptable
Acceptable
!
'"
~,".
Street
Acceptable
C. By repealing Figures 2B.5 and 2CA and substituting in lieu thereof the following illustration:
I'.i .1 .,.., .~'.
;;
l:
'"
Street
Acceptable
~
in
Acceptable
Street
Unacceptable
Street
D. By deleting the definitions for "Drive/Driveway" and "Parking Area" within Article 14-BA, General
Definitions, and substituting in lieu thereof the following definitions:
-_...~---~-----~-~--,_."_._-------~------_...._-----
Ordinance No.
Page 3
DRIVE/DRIVEWAY: A permanent, durable surface designed to provide vehicular access from
a street to a lot or to provide vehicular access between different parts of a lot or parking
area. A drive that is internal to a parking area is not the same as an aisle (See definition
of AISLE, above).
PARKING AREA: An off-street facility intended and designed for the parking of more than 4
motor vehicles. A parking area includes parking spaces, aisles, landscaped islands and
medians, and drives that provide circulation within a parking area or around the perimeter
of a parking area. Drives that are external to a parking area are not considered a part of
the parking area.
E. By deleting paragraph 14-2B-6D-6 in its entirety and substituting in lieu thereof:
6. To provide for the safety of residents, access to entrance doors of any individual dwelling
units located above the ground level must be provided from an enclosed lobby or corridor
and stairway. Unenclosed or partially enclosed exterior stairways may not be used as the
primary means of access to dwelling units located above the ground level floor of the
building. This provision does not preclude the use of fire egress structures.
F. By deleting subsection 14-2B-6F, entitled "Balconies and exterior stairways, corridors and lifts"
(in multi-family zones), in its entirety and substituting in lieu thereof:
F. Balconies and exterior stairways, corridors, and lifts
For purposes of this subsection the term, "exterior stairways," refers to stairways that lead
to floors of a building that are above the first or ground-level floor of a building. "Exterior
corridors" refers to unenclosed corridors located above the first or ground-level floor of a
building. Balconies and exterior stairways, exterior corridors and exterior lifts must comply
with the following standards:
1. Exterior stairways, exterior corridors, and exterior lifts are prohibited in the PRM Zone;
however, the City may allow exterior fire egress structures on existing buildings that
cannot otherwise reasonably meet code requirements, provided the fire egress
structure is not located on a wall of a building that faces a street. In other zones,
exterior stairways, exterior corridors, and exterior lifts must be covered with a roof
similar in design and materials to the roof over the rest of the structure. Said roof should
be incorporated into the overall roof plan of the structure. Alternatively, such features
may be recessed into the fa~ade of the building. Exterior corridors may not be located
on a street-facing wall of the building or within 20 feet of a street-facing wall.
2. Unenclosed or partially enclosed stairways may not be used as the primary means of
access to dwelling units located above the ground-level floor of the building (See 14-2B-
6D-6).
3. Balconies, exterior stairways, exterior lifts and exterior corridors may not be located on
any side of a building that is adjacent to a property that is zoned Single Family
Residential or that contains an existing Single Family Use. Buildings that are set back at
least 40 feet from any such property are exempt from this standard.
4. The design of any balcony, exterior stairway, exterior lift and exterior corridor must utilize
columns, piers, supports, walls, and railings that are designed and constructed of
materials that are similar or complementary to the design and materials used for the
rest of the building.
G. By deleting subsection 14-2C-70, entitled "Balconies and exterior stairways, corridors and
lifts" in its entirety and substituting in lieu thereof:
O. Balconies and exterior stairways, corridors and lifts
For purposes of this subsection the term, "exterior stairways," refers to stairways that lead
to floors of a building that are above the first or ground-level floor of a building. "Exterior
corridors" refers to unenclosed corridors located above the first or ground-level floor of a
Ordinance No.
Page 4
building. Balconies and exterior stairways, exterior corridors and exterior lifts must comply
with the following standards:
1. Exterior stairways, exterior corridors, and exterior lifts are prohibited. The City may
allow exterior fire egress structures on existing buildings that cannot otherwise
reasonably meet code requirements: provided the fire egress structure is not located on
a wall of a building that faces a street.
2. Balconies may not be located on any side of a building that is adjacent to a property that
is zoned Single Family Residential.
3. The outer edge of a balcony shall not be closer than 4 feet from a side lot line.
4. The design of any balcony must utilize columns, piers, supports, walls, and railings that
are designed and constructed of materials that are similar or complementary to the
design and materials used for the rest of the building. Unpainted and unstained lumber
is not permitted.
H. By deleting paragraph 14-2C-8K-2 in its entirety.
I. By deleting subsection 14-2C-8N, entitled "Balconies, stairways, corridors and lifts" in its
entirety and substituting in lieu thereof:
N. Balconies and exterior stairways, corridors, and lifts
For purposes of this subsection the term, "exterior stairways," refers to stairways that lead
to floors of a building that are above the first or ground-level floor of a building. "Exterior
corridors" refers to unenclosed corridors located above the first or ground-level floor of a
building. Balconies and exterior stairways, exterior corridors and exterior lifts must comply
with the following standards:
1. Exterior stairways, exterior corridors, and exterior lifts are prohibited, with the following
exceptions. The City will allow exterior lifts on existing buildings that cannot otherwise
reasonably meet accessibility requirements, provided the lift is not located on a wall of a
building that faces a street or the City Plaza. The City may allow exterior fire egress
structures on existing buildings that cannot otherwise reasonably meet code
requirements, provided the fire egress structure is not located on a wall of a building
that faces a street or the City Plaza.
2. Balconies may not be located on any side of a building that is adjacent to a property that
is zoned Single Family Residential.
3. The outer edge of a balcony shall not be closer than 4 feet from a side lot line.
4. The design of any balcony must utilize columns, piers, supports, walls, and railings that
are designed and constructed of materials that are similar or complementary to the
design and materials used for the rest of the building. Unpainted and unstained lumber
is not permitted.
J. By deleting paragraph 14-2C-9F-6 in its entirety and substituting in lieu thereof:
6. To provide for the safety of residents, access to entrance doors of any individual dwelling
units located above the ground level floor of a building must be provided from an enclosed
lobby or corridor and stairway. Unenclosed or partially enclosed exterior stairways may
not be used as the primary means of access to upper level units. This provision does not
preclude the use of fire egress structures.
K. By deleting subsection 14-2C-9H, entitled "Balconies, and exterior stairways, corridors and
lifts for Multi-Family, Group Living, Commercial, and Civic/Institutional Buildings" in its entirety
and substituting in lieu thereof:
H. Balconies, and exterior stairways, corridors and lifts for Multi-Family, Group Living,
Commercial, and Civic/Institutional Buildings
For purposes of this subsection the term, "exterior stairways," refers to stairways that lead
to floors of a building that are above the first or ground-level floor of a building. "Exterior
corridors" refers to unenclosed corridors located above the first or ground-level floor of a
Ordinance No.
Page 5
building. Balconies and exterior stairways, exterior corridors and exterior lifts must
comply with the following standards:
1. Exterior stairways, exterior corridors, and exterior lifts are prohibited, with the following
exceptions. The City will allow exterior lifts on existing buildings that cannot otherwise
reasonably meet accessibility requirements, provided the lift is not located on a wall of
a building that faces a street. The City may allow exterior fire egress structures on
existing buildings that cannot otherwise reasonably meet code requirements, provided
the fire egress structure is not located on a wall of a building that faces a street.
2. Balconies may not be located on any side of a building that is adjacent to a property
that is zoned Single Family Residential or that contains an existing Single Family Use.
Buildings that are set back at least 40 feet from any such property are exempt from
this standard.
3. The outer edge of a balcony shall not be closer than 4 feet from a side lot line.
4. The design of any balcony must utilize columns, piers, supports, walls, and railings that
are designed and constructed of materials that are similar or complementary to the
design and materials used for the rest of the building. Unpainted and unstained lumber
is not permitted.
L. By deleting sub-subparagraph 14-4B-4A-7c(2) and substituting in lieu thereof:
(2) Access to entrance doors of any individual dwellings units located above the ground level
floor of a building must be provided from an enclosed lobby or corridor and stairway.
Unenclosed or partially enclosed exterior stairways are prohibited. However, the City may
allow exterior fire egress structures on existing buildings that cannot otherwise reasonably
meet code requirements, provided the fire egress structure is not located on a wall of a
building that faces a'street.
M. By deleting subsection 14-2B6J in its entirety and substituting in lieu thereof:
J. Minor Modifications
A minor modification to adjust specific provisions of this section may be requested in either of
the qualifying situations listed in the paragraphs below. Such requests will be reviewed by the
Design Review Committee, the Director of Planning and Community Development, and the
Building Official according to the procedures for Minor Modifications as set forth in Article 14-
88 and must meet the following approval criteria. The following approval criteria are to be
applied in lieu of the general approval criteria listed in Section 14-4B-1, Minor Modifications.
1. Qualifying Situation: The configuration of the lot or other existing physical condition of the
lot makes the application of a specific standard impractical. In such a case, the applicant
must demonstrate that the following approval criteria are met:
a. The applicant must provide evidence that the configuration of the lot, the topography, or
other physical characteristic of the property makes the application of a specific standard
of this section impractical. Examples of situations that may qualify include double-
fronting lots, triangular shaped lots, and steeply sloping lots.
b. The applicant must demonstrate that the proposed alternative design is not contrary to
the intent of the Multi-Family Site Development Standards.
c. The applicant must propose an alternative site or building design that best meets the
intent of the specific standard being modified.
d. The requested modification will not be detrimental to the public health, safety, or welfare
or be injurious to other property or improvements in the vicinity and in the zone in which
the property is located.
e. The requested modification does not allow a use or activity not otherwise expressly
authorized by the regulations governing the subject property.
f. The requested modification complies with other applicable statutes, ordinances, laws
and regulations.
Ordinance No.
Page 6
2. Qualifying Situation: The proposed site or building is uniquely designed to fit the site and
the surrounding neighborhood. In such a situation, the applicant must demonstrate that
the following approval criteria are met:
a. The applicant proposes an alternative design solution that equally or better meets the
intent of the specific standard being modified.
b. The proposed site and building design is uniquely designed to fit the characteristics of
the site and the surrounding neighborhood such that it equally or better meets the
purpose of the Multi-Family Site Development Standards.
c. The requested modification will not be detrimental to the public health, safety, or welfare
or be injurious to other property or improvements in the vicinity and in the zone in which
the property is located.
d. The requested modification does not allow a use or activity not otherwise expressly
authorized by the regulations governing the subject property.
e. The requested modification complies with other applicable statutes, ordinances, laws
and regulations.
N. By adding a new section 14-2C-10, entitled "Minor Modifications to Site Development
Standards," as follows and renumbering the current 14-2C-10 to 14-2C-11:
14-2C-10 Minor Modifications to Site Development Standards
A minor modification to adjust specific provisions of Sections 14-2C-6, 14-2C-7, 14-2C-8, or
14-2C-9, may be requested in either of the qualifying situations listed in the paragraphs below.
Such requests will be reviewed by the Design Review Committee, the Director of Planning
and Community Development, and the Building Official according to the procedures for Minor
Modifications as set forth in Article 14-8B and must meet the following approval criteria. The
following approval criteria are to be applied in lieu of the general approval criteria listed in
Section 14-4B-1, Minor Modifications.
A. Qualifying Situation: The configuration of the lot or other existing physical condition of the
lot makes the application of a specific standard impractical. In such a case, the applicant
must demonstrate that the following approval criteria are met:
1. The applicant must provide evidence that the configuration of the lot, the topography, or
other physical characteristic of the property makes the application of a specific
standard impractical. Examples of situations that may qualify include double-fronting
lots, triangular shaped lots, and steeply sloping lots.
2. The applicant must demonstrate that the proposed alternative design is not contrary to
the intent of the site development standards.
3. The applicant must propose an alternative site or building design that best meets the
intent of the specific standard being modified.
4. The requested modification will not be detrimental to the public health, safety, or
welfare or be injurious to other property or improvements in the vicinity and in the zone
in wh ich the property is located.
5. The requested modification does not allow a use or activity not otherwise expressly
authorized by the regulations governing the subject property.
6. The requested modification complies with other applicable statutes, ordinances, laws
and regulations.
B. Qualifying Situation: The proposed site or building is uniquely designed to fit the site and
the surrounding area. In such a situation, the applicant must demonstrate that the
following approval criteria are met:
1. The applicant proposes an alternative design solution that equally or better meets the
intent of the specific standard being modified.
~. ~_..______.____"_~__.._._~_.____w________..__.,_.__~_____..___.____._.___~..____._.____._
Ordinance No.
Page 7
2. The proposed site and building design is uniquely designed to fit the characteristics of
the site and the surrounding area such that it equally or better meets the purpose of
the site development standards.
3. The requested modification will not be detrimental to the publiC health, safety, or
welfare or be injurious to other property or improvements in the vicinity and in the zone
in which the property is located.
4. The requested modification does not allow a use or activity not otherwise expressly
authorized by the regulations governing the subject property.
5. The requested modification complies with other applicable statutes, ordinances, laws
and regulations.
O. By adding a new subsection G to 14-2D-5, entitled "Minor modifications to site development
standards," as follows:
G. Minor Modifications to Site Development Standards
A minor modification to adjust specific provisions of this section may be requested in
either of the qualifying situations listed in the paragraphs below. Such requests will be
reviewed by the Director of Planning and Community Development and the Building
Official according to the procedures for Minor Modifications as set forth in Article 14-8B
and must meet the following approval criteria. The following approval criteria are to be
applied in lieu of the general approval criteria listed in Section 14-4B-1, Minor
Modifications.
1. Qualifying Situation: The configuration of the lot or other existing physical condition of
the lot makes the application of a specific standard impractical. In such a case, the
applicant must demonstrate that the following approval criteria are met:
a. The applicant must provide evidence that the configuration of the lot, the
topography, or other physical characteristic of the property makes the application of
a specific standard impractical. Examples of situations that may qualify include
double-fronting lots, triangular shaped lots, and steeply sloping lots.
b. The applicant must demonstrate that the proposed alternative design is not contrary
to the intent of the site development standards.
c. The applicant must propose an alternative site or building design that best meets the
intent of the specific standard being modified.
d. The requested modification will not be detrimental to the public health, safety, or
welfare or be injurious to other property or improvements in the vicinity and in the
zone in which the property is located.
e. The requested modification does not allow a use or activity not otherwise expressly
authorized by the regulations governing the subject property.
f. The requested modification complies with other applicable statutes, ordinances,
laws and regulations.
2. Qualifying Situation: The proposed site or building is uniquely designed to fit the site
and the surrounding area. In such a situation, the applicant must demonstrate that the
following approval criteria are met:
a. The applicant proposes an alternative design solution that equally or better meets
the intent of the specific standard being modified.
b. The proposed site and building design is uniquely designed to fit the characteristics
of the site and the surrounding area such that it equally or better meets the purpose
of the site development standards.
Ordinance No.
Page 8
c. The requested modification will not be detrimental to the public health, safety, or
welfare or be injurious to other property or improvements in the vicinity and in the
zone in which the property is located.
d. The requested modification does not allow a use or activity not otherwise expressly
authorized by the regulations governing the subject property. .
e. The requested modification complies with other applicable statutes, ordinances,
laws and regulations.
P. By deleting paragraph 14-4B-1A-16 in its entirety and substituting in lieu thereof:
16. Modifications to the Multi-Family Site Development Standards contained in Section 14-2B-
6 according to the alternate approval criteria set forth in that section. The Building Official
must obtain approval from the Design Review Committee and the Director of Planning
and Community Development prior to granting any such modification. Such requests shall
be reviewed and approved jointly by the Design Review Committee, the Director of
Planning and Community Development, and the Building Official.
Q. By adding new paragraphs 14-4B-1A-17 and 14-4B-1A-18 as follows:
17. Modifications to the site development standards contained in Sections 14-2C-6, 14-2C-7,
14-2C-8, or 14-2C-9 according to the alternate approval criteria set forth in that section
14-2C-10. The Building Official must obtain approval from the Design Review Committee
and the Director of Planning and Community Development prior to granting any such
modification.
18. Modifications to the site development standards contained in Section 14-2D-5 according
to the alternate approval criteria set forth in that section. The Building Official must obtain
approval from the Director of Planning and Community Development prior to granting any
such modification.
R. By deleting paragraph 14-2C-6K-5 in its entirety and substituting in lieu thereof:
5. Building Materials
a. The building materials shall be predominantly quality exterior building materials,
including brick, masonry, stone, stuccp, or textured concrete masonry units. Concrete
panelS with a veneer of brick or masonry may be approved provided the material gives
the appearance of one or more of the high quality building materials listed above.
Stamped concrete panels will only be considered if they are finished with patterns and
colors such that they appear to be brick or masonry. Predominantly is defined as at
least 75 percent of the exterior of the entire building, but not necessarily of each
building wall. For example, use of such materials should be concentrated along
building walls that are visible from public streets or that contain public entrances.
b. Use of smooth-faced concrete block, unadorned tilt-up concrete panels, prefabricated
steel or vinyl panels or sheets should be minimized. If used, these materials may
cover no more than 25 percent of the exterior of the entire building and should be
reserved for building walls that area less visible to the public.
S. By adding a paragraph 2 to 14-2C-7N as follows:
2. To encourage commercial activity at the street level, entrances to storefronts and the
ground level floor height should be no more than one foot above the level of the abutting
sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the City
may adjust this requirement. However, on sloping sites at least a portion of the ground
level floor height of any new building must be located no more than one foot above the
level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level
floor of the building must be no more than 3 feet above the level of the abutting public
sidewalk or pedestrian plaza at any point along a street-facing building facade.
Ordinance No.
Page 9
T. By adding a paragraph 2 to 14-2C-8K as follows:
2. To encourage commercial activity at the street level, entrances to storefronts and the
ground level floor height should be no more than one foot above the level of the abutting
sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the City
may adjust this requirement.. However, on sloping sites at least a portion of the ground
level floor height of any new building must be located no more than one foot above the
level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level
floor of the building must be no more than 3 feet above the level of the abutting public
sidewalk or pedestrian plaza at any point along a street-facing building facade.
U. By adding a paragraph 4 to 14-2C-9K as follows:
4. To encourage commercial activity at the street level, entrances to the ground level floor of
a building that fronts on a public street or pedestrian plaza should be no more than one
foot above the level of the abutting sidewalk or pedestrian plaza. In addition, the ground
level floor height for buildings that front on a street should be no more than one foot
above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and
for existing buildings, the City may adjust these requirements. However, on sloping sites
at least a portion of the ground level floor height of any new building must be located no
more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the
floor height of the ground level floor of the building must be no more than 3 feet above the
level of the abutting public sidewalk or pedestrian plaza at any point along a street-facing
building facade.
v. By deleting subsections 14-5A-5F and 14-5A-5G in their entirety and substituting in lieu
thereof:
F. Standards for Structured Parking in Multi-Family and Commercial Zones
The following standards apply to structured parking in all Multi-Family Zones and all
Commercial Zones, except the CB-10 Zone. Standards for structured parking in the CB-
10 Zone are specified in Subsection 14-5A-3D, above.
1. In the CN-1, CB-2, CB-5, and the MU Zones the ground level floor of a building is
reserved primarily for principal uses allowed in the zone. Therefore, any parking
located within the exterior walls of the building must meet the following standards:
a. Structured parking is not permitted on the ground-level floor of the building for the
first 30 feet of lot depth as measured from the minimum setback line. In the CN-1
Zone it is measured from the "build-to" line.
b. No more than 50 percent of the ground level floor of a building may consist of
parking.
c. The ceiling height of an underground parking level may extend no more than 1 foot
above the level of the adjacent sidewalk. On sloping building sites and for existing
buildings, the City may adjust this requirement. However, on sloping sites at least a
portion of the ground level floor height of any new building must be located no more
than one foot above the level of the abutting sidewalk or pedestrian plaza; and the
floor height of the ground level floor of the building must be no more than 3 feet
above the level of the abutting public sidewalk or pedestrian plaza at any point along
a street-facing building facade.
2. Except for garage openings, the parking area must be enclosed within the exterior
walls of the building. In no case shall a building have the appearance from the street or
from abutting properties of being elevated above a parking level or "on stilts." (See
Figure 5A.1)
3. Any exterior walls of a parking facility that are visible from a public or private street or
from an abutting property must appear to be a component of the fa~ade of the building
through the use of building materials, window openings and fa~ade detailing that is
Ordinance No.
Page 10
similar or complementary to the design of the building and must comply with the other
standards of this Section. (See Figure 5A.1)
Figure 5A. 1 - Structured Parking
,:~3Zt,,,",,,>
'""'!;,.-..--....J'f.5~
o
o
Acceptable
Unacceptable
Unacceptable
4. In addition to window openings, the City may require landscaping as a means to soften
the visual effect of any garage walls located at the street level. Shrubs, small berms,
and planters may be used to form a landscaped screen generally ranging between 2
and 4 feet in height. Trees may also be incorporated into the landscaped area if
sufficient area is available for tree grow1h.
5. Garage Entrances/Exits
a. Vehicular access to parking within buildings should be located and designed to
minimize traffic congestion and hazards to pedestrians and to preserve street
frontages for active building uses.
b. In the CB-2, CB-5, and MU Zones, alley or rear lane access is preferred. If alley
access is not feasible due to topographical limitations or other unique
circumstances, garage openings may face a street, but must be designed to in a
manner that will best meet the objectives listed in subparagraph a., above.
c. If the structured parking is intended for residents or tenants of a building and not the
general public, there may be no more than one double-wide or two single-wide
garage openings per building. Double-wide openings may not exceed 18 feet in
width; single-wide openings may not exceed 9 feet in width. For structured parking
intended for use by the general public, garage openings should be limited in width
and number to only what is necessary to provide adequate access for the types and
numbers of vehicles using the parking facility.
d. Except in the CN-1, CB-2, MU and CB-5 Zones, the opening(s) must occupy no
more than 50% of the length of the street-facing building wall. On corner lots, only
one street-facing garage wall must meet this standard. In the CN-1, CB-2, MU and
CB-5 Zones, garage opening(s) along the primary street frontage are not permitted if
access is feasible from another local or collector street or from a rear alley, private
street or private rear lane. If there is no feasible alternative, garage opening(s) may
be allowed along the primary street frontage, provided that they occupy no more
than 35 percent of the length of the primary street frontage of the lot and provided
that all provisions of Article 14-5C, Access Management are met.
G. Standards for Structured Parking in Industrial and Research Zones
Where parking is located within the exterior walls of a principal building, the following
standards apply:
1. Any exterior walls of a parking facility that are visible from an arterial street must appear
to be a component of the fayade of the building through the use of building materials,
window openings and fayade detailing that is similar or complementary to the design of
the building. In no case shall a building have the appearance from an arterial street of
being elevated above a parking level or "on stilts." (See Figure 5A.1)
Ordinance No.
Page 11
2. Garage Entrances/Exits. Vehicular access to parking within buildings should be located
and designed to minimize traffic congestion and hazards to pedestrians; and to
preserve street frontages for active building uses to the extent feasible. Garage
openings should be limited in width and number to only what is necessary to provide
adequate access for the types and numbers of vehicles using the parking facility.
W. By deleting subparagraph 14-5A-3D-4c in its entirety and substituting in lieu thereof:
c. Underground parking is preferred over above-ground structured parking. The design of any
underground parking must not detract from or prevent active building uses on the ground-
level floor of the building. To that end, the ceiling height of any underground parking level
may not extend more than 1 foot above the level of the adjacent sidewalk. On sloping
building sites and for existing buildings, the City may adjust this requirement. However, on
sloping sites at least a portion of the ground level floor height of any new building must be
located no more than one foot above the level of the abutting sidewalk or pedestrian plaza;
and the floor height of the ground level floor of the building must be no more than 3 feet
above the level of the abutting public sidewalk or pedestrian plaza at any point along a
street-facing building facade.
X. By adding a subsubparagraph (3) to 14-4B-4A-7c. as follows:
(3) To facilitate commercial uses at the street level, the ground level floor height should be no
more than one foot above the level of the abutting sidewalk or pedestrian plaza. On
Sloping building sites and for existing buildings, the City may adjust this requirement.
However, on sloping sites at least a portion of the ground level floor height of any new
building must be located no more than one foot above the level of the abutting sidewalk or
pedestrian plaza; and the floor height of the ground level floor of the building must be no
more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any
point along a street-facing building facade.
Y. By deleting subparagraph 14-2C-8G-2a. in its entirety and substituting in lieu thereof:
a. Vehicular access to parking should be located and designed to minimize traffic congestion
and hazards to pedestrians and to preserve street frontages for active building uses. If
available, alley or rear lane access is preferred. If alley access is not feasible due to
topographical limitations or other unique circumstances, driveway access from a street
may be allowed, but must be designed in a manner that will best meet the objectives listed
in this subparagraph.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 _ day of , 20_.
ATTEST:
CITY CLERK
Approved by
~ //
~Cr
CiAtt~
(Pit z../t:7Co
MAYOR
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 6/27/06
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia,
Vanderhoef. NAYS: Elliott ABSENT: None.
Second Consideration
Vote for passage:
Date published
that the Ordinance
O'Donnell,
City of Iowa City
MEMORANDUM
l/'I'
. '\
-, ..
.
I
May 26, 2006
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
Re: Proposed amendments to the Zoning Code
Attached are several staff proposed amendments to the Zoning Code. As was
expected after such a major overhaul, we have found a few provisions in the new
zoning code that need clarification or refinement Please note that only the
underlined sections on the following pages represent new language. The
language shown with strikethrough is proposed to be deleted. We have tried to
provide enough of the surrounding code language to give you some context
within which to understand the changes proposed, but everything that is not
underlined or struck through is existing language in the code and will remain the
same.
Following are the amendments included in this packet:
1. Clarification of regulations for drives external to parking lots versus those
that are internal to parking lots. This distinction is necessary so that screening
and location standards for parking lots and driveways can be applied
consistently.
2. Clarifying language for exterior stairways, corridors, balconies and lifts.
The proposed changes will make it clear that these provisions refer to stairways
and corridors that are located above the first or ground-level floor of a building
and not to stoops or arcades located at ground level. Language is also added to
make it clear that fire egress structures would be allowed on existing buildings to
meet fire safety regulations. This will allow the occasional retrofit for older
buildings.
3. Clarify minor modification procedures for site development standards in
the multi-family zones and add a similar minor modification option for site
development standards in the commercial, industrial, and research zones.
Staff recommends that the same relief valve that we currently have in the multi-
family article should be added to the commercial and industrial zone to allow for
minor modifications in cases where the site developments standards are not
feasible due to difficult site conditions or other unique circumstances.
4. Change the building material requirements for large retail uses to make
allowance for concrete panels with brick or stone veneer or stamped
concrete panels. It is common for large commercial buildings to be constructed
with tilt-up concrete panels. This provision will allow the use of this type of
exterior building material provided that it has a veneer of brick or stone or is
stamped and colored to give the appearance brick or stone.
5. Add a provision for ground-level floor height of storefront commercial
buildings and adjusting related parking provisions to account for sloping
sites. The code currently has a standard that specifies that the ceiling height of
any underground parking may not extend more than one foot above the grade of
the abutting public sidewalk. This provision ensures that the ground-level floor of
a building is conducive to a variety of commercial uses over time and ensures
that entrances to buildings will be accessible to persons with disabilities without
excessive ramping. However, the current provisions do not give any allowance
for sloping building sites and also do not address ground-level floor height for
buildings without underground parking. The proposed changes provide this
needed flexibility without compromising the objectives stated above.
In addition, the language was revised to allow more flexibility for the location of
access points for structured parking facilities in commercial areas near
downtown (CB-2, CB-5, MU). As was the case in the former zoning code,
currently alley access is required if an alley is available. However, this does not
allow any flexibility for difficult site conditions or unique circumstances where
street access may be preferable. The changes to the language will allow needed
flexibility for site specific conditions, but ensure that access points are located
and designed to minimize traffic congestion and hazards to pedestrian and to
preserve street frontages for active building uses.
Approved by: ~ ~'
Robert Miklo, Senior Planner
Department of Planning and Community Development
Amendment #1: Clarification of regulations for drives external to a parking lot
versus drives internal to a parking lot.
Multi-Family Zones:
Add the following language to 14-28-6C and modify Figure 28.4 and 28.5 as shown:
C. Location and Design Standards for Surface Parking and Detached
Garages
1. Location
Surface parking, parking within accessory structures, and loading areas must be
located behind principal building(s) and concealed from view of fronting streets.
Parking and loading areas may not be located directly between a principal building
and the street or within the required side setback area. Any portion of a parking or
loading area that is not completely concealed from view of a fronting street must be
screened to the S2 standard (See Figure 2B.4 and 2B.5, below).
Figure 2B.4 - Location of surface parkingfor properties with a single building
Street
Unacceptable
t)f~
Street
Acceptable
..., (-'"
Street
Acceptable
1
~
1;;
Street
Acceptable
Figure 2B.5 - Location of parking for properties with multiple buildings
Private rear lane
a;
1. ~
U5
Street
Acceptable
1.
J. ;;
"
-
U5
J
J
~.
>--,--'!
Street
Acceptable
,
'C."
.' .
<<.l-~ CD
e
: -. en
Street
Unacceptable
2
2. Aisles and Drives
Drives that are internal to a parking area. including drives that provide circulation
around the perimeter of the parking area are considered part of the parking area and
must meet the location standards for parking areas as stated in paragraph I. above. and
the landscape buffering standard as stated in paragraph 3. below. A non-hard surfaced
drive or aisle that is external to a parking area may not be located closer than 3 feet to
a lot line, except at the point of access with a street, alley, or private rear lane. Hard-
surfaced drives that are external to a parking area must be set back at least 3 feet from
any side or rear lot line, except under the following circumstances:
a. The drives and aisles are pitched or curbed and drained to prevent the flow of
water onto adjoining property; or
b. A drainage course has been established along lot lines to handle storm water
runoff; or
c. Any specific location along a side or rear lot line where a drive is shared with an
abutting lot; or
d. At the point of access with an alley or private rear lane.
3. Landscape buffering
a. A buffer area at least 10 feet in width and landscaped to at least the S2 standard
must be provided between any parking area and adjacent properties and between
any parking area and street rights-of-way (See Article 14-5F, Screening and
Buffering Standards). The City may exempt from this landscaping requirement
any specific locations along a side or rear lot line where a parking area, aisle or
drive is shared with an abutting lot.
b. A buffer area at least 5 feet in width and landscaped to the S 1 standard must be
provided between any parking area containing more than 8 parking spaces and
an adjacent alley.
c. No parking area or drive shall be closer than 10 feet to any portion of a building
other than a garage entrance or loading area apron. This 10-foot area must be
used for walkways and landscaping consisting of at least 50 percent vegetative
coverage. If parking spaces are located where headlights of vehicles shine onto a
wall containing ground level windows, said parking spaces must be screened
from view of the windows to at least the S2 standard.
3
Add the following language to 14-2C-9E and modify Figure 2C.3 and 2C.4 as shown:
E. Location and Design Standards for Surface Parking and Detached
Garages for Multi-Family, Group Living, Commercial, and
Civic/Institutional Uses
1. Location
Surface parking, parking within accessory structures, and loading areas must be
located behind principal building(s) and concealed from view of fronting streets.
Parking and loading areas may not be located directly between a principal building
and the street or within the required side setback area. Any portion of a parking or
loading area that is not completely concealed from view of a fronting street must be
screened to the S2 standard (See Figure 2C.3 and 2CA, below).
Figure 2C. 3 - Location of surface parking for properties with a single building
Street
Unacceptable
Street
Acceptable
Street
Acceptable
4
!
'"
~.' ~.
Street
Acceptable
----------"----_._^-~-"_._._---..__._.~'_.,._"--_._---...--.--..-
Figure 2C.4 - Location of parking for properties with multiple buildings
Private rear lane
;:;
~
en
"
J'
..... r','~
'j "<......,--1
Street
Acceptable
;:;
1; ~
en
it
J'
t-.:;' ,-.,
t -:,
>:~~~ ""';'
Street
Acceptable
, \
.~. .
-;:;
Q)
^ -
:00
S'S' ,;)f.
, -
"
\' ~~
Street
Unacceptable
5
2. Aisles and Drives
Drives that are internal to a parking area. including drives that provide circulation
around the oerimeter of the oarkine: area are considered Dart of the oarkine: area and
must meet the location standards for parking areas as stated in paragraph 1. above. and
the landscape buffering standard as stated in paragraph 3. below. A non-hard surfaced
drive or aisle that is external to a parking area may not be located closer than 3 feet to
a lot line, except at the point of access with a street, alley, or private rear lane. Hard-
surfaced drives that are external to a parking area must be set back at least 3 feet from
any side or rear lot line, except under the following circumstances:
a. The drives and aisles are pitched or curbed and drained to prevent the flow of
water onto adjoining property; or
b. A drainage course has been established along lot lines to handle storm water
runoff; or
c. Any specific location along a side or rear lot line where a drive is shared with an
abutting lot; or
d. At the point of access with an alley or private rear lane.
3. Landscape buffering
a. A buffer area at least 10 feet in width and landscaped to at least the S2 standard
must be provided between any parking area and adjacent properties and between
any parking area and street rights-of-way (See Article 14-5F, Screening and
Buffering Standards). The City may exempt from this landscaping requirement
any specific locations along a side or rear lot line where a parking area, aisle or
drive is shared with an abutting lot.
b. A buffer area at least 5 feet in width and landscaped to the S I standard must be
provided between any parking area containing more than 8 parking spaces and
an adjacent alley.
c. No parking area or drive shall be closer than 10 feet to any portion of a building
other than a garage entrance or loading area apron. This 10-foot area must be
used for walkways and landscaping consisting of at least 50 percent vegetative
coverage. If parking spaces are located where headlights of vehicles shine onto a
wall containing ground level windows, said parking spaces must be screened
from view ofthe windows to at least the S2 standard.
6
Amend the following definitions:
DRIVE/DRIVEW A Y: A permanent, durable surface designed to provide vehicular access
from a street to a lot or to provide vehicular access between different parts of a lot or
parking area. With regard te parkiRg areas, A drive that is internal to a parking area is
not the same as an aisle (See definition of AISLE, above).
PARKING AREA: An off-street facility intended and designed for the parking of more
than 4 motor vehicles. A parking area includes parking spaces, aisles, landscaped
islands and medians, and drives that provide circulation within a parking area or
around the perimeter of a parking area. Drives that are external to a parking area are
not considered a part of the parking area.
7
Amendment # 2: Changing the word "stairwell" to "stairway" and clarifying
language for exterior stairways, corridors, balconies and lifts.
Multi-Family Residential Zones:
Amend 14-28-60-6 as follows:
6. To provide for the safety of residents, access to entrance doors of any individual
dwellings units located above the ground level must be provided from an enclosed
lobby or corridor and stairwell stairway. Unenclosed or partially enclosed exterior
stairwells stairways may not be used as the primary means of access to dwellina
units located above the around level floor of the buildina IIllller le'/slllAits. This
provision does not preclude the use of fire essallss caress structures.
Amend 14-28-6F as follows:
F. Balconies and exterior stairways, corridors and lifts
For purposes of this subsection the term. "exterior stairways." refers to stairways that lead to
floors of a building that are aboye the first or ground-leyel floor of a building. "Exterior
corridors" refers to unenclosed corridors located above the first or ground-leyel floor of a
building. Balconies and exterior staif\".'ells stairwavs, exterior corridors and exterior lifts
must comply with the following standards:
I. Exterior stairwells stairways, exterior corridors, and exterior lifts are prohibited in the
PRM Zone; however. the City may allow exterior fire egress structures on existing
buildings that cannot otherwise reasonably meet code reQuirements. provided the fire
egress structure is not located on a wall of a building that faces a street. In other zones,
exterior stairwells stairways, exterior corridors, and exterior lifts must be covered with
a roof similar in design and materials to the roof over the rest of the structure. Said
roof should be incorporated into the overall roof plan of the structure. Alternatively,
such features may be recessed into the fayade of the building. Exterior corridors may
not be located on a street-facing wall of the building or within 20 feet of a street-
facing wall.
2. Unenclosed or partiallv enclosed stairways may not be used as the primary means of
access to dwelling units located above the ground-level floor of the building (See 14-
2B-6D-6).
3. Balconies, exterior stairwells stairways, exterior lifts and exterior corridors may not be
located on any side of a building that is adjacent to a property that is zoned Single
Family Residential or that contains an existing Single Family Use. Buildings that are
set back at least 40 feet from any such property are exempt from this standard.
4. The design of any balcony, exterior staiFV.'ell stairway, exterior lift and exterior
corridor must utilize columns, piers, supports, walls, and railings that are designed and
constructed of materials that are similar or complementary to the design and materials
used for the rest of the building.
1
Neighborhood Commercial Zone (CN-I)
Amend 14-2C-70 asfollows:
O. Balconies and exterior stairways, corridors and lifts
For purooses of this subsection the term. "exterior stairways." refers to stairways that lead to
floors of a buildin", that are above the first or ",round-level floor of a buildin&!. "Exterior
corridors" refers to unenclosed corridors located above the first or &!found-level floor of a
building. Balconies and exterior slair?lells stairways, exterior corridors and exterior lifts
must comply with the following standards:
1. Exterior staip,yells stairways, exterior corridors, and exterior lifts are prohibited. The
City may allow exterior fire elZfess structures on existing buildings that cannot
otherwise reasonablv meet code requirements. provided the fire elZfess structure is not
located on a wall of a building that faces a street.
2. Balconies may not be located on any side of a building that is adjacent to a property
that is zoned Single Family Residential.
3. The outer edge of a balcony shall not be closer than 4 feet from a side lot line.
4. The design of any balcony must utilize columns, piers, supports, walls. and railings
that are designed and constructed of materials that are similar or complementary to the
design and materials used for the rest of the building. Unpainted and unstained lumber
is not permitted.
2
Central Business Zones (CB-5 and CB-IO)
Delete 14-2C-8K-2, because it is redundant to provisions stated in 14-2C-8N:
2. }~eeess to 8ammereial Hses teeMed aesy/e the gF8l:lfl.d level RUlst Be prey/idea Hem aR
eRelesed taBby af earThier aHa stair;;,sll. Uaeae105eel aT ~artially eaeleseel euterieF
stain.:ells are f)f0hibitea.
Amend 14-2C-8N asfollows:
N. Balconies, and exterior stairways, corridors and lifts
For ourposes of this subsection the term. "exterior stairways." refers to stairways that lead to
floors of a building that are above the first or ground-level floor of a building. "Exterior
corridors" refers to unenclosed corridors located above the first or ground-leyel floor of a
building. Balconies and exterior stairwells stairways, exterior corridors and exterior lifts
must comply with the following standards:
5. Exterior stairwells stairways, exterior corridors, and exterior lifts are prohibited, with
the following exception~. The City will allow exterior lifts on existing buildings that
cannot otherwise reasonably meet accessibility requirements, provided the lift is not
located on a wall of a building that faces a street or the City Plaza. The City mav
allow exterior fire egress structures on existing buildings that cannot otherwise
reasonablv meet code reauirements. orovided the fire egress structure is not located on
a wall of a building that faces a street or the City Plaza.
6. Balconies may not be located on any side of a building that is adjacent to a property
that is zoned Single Family Residential.
7. The outer edge of a balcony shall not be closer than 4 feet from a side lot line.
8. The design of any balcony must utilize columns, piers, supports, walls, and railings
that are designed and constructed of materials that are similar or complementary to the
design and materials used for the rest of the building. Unpainted and unstained lumber
is not permitted.
3
Mixed Use Zone (MU)
Amend 14-2C-9F-6 as follows:
6. To provide for the safety of residents, access to entrance doors of any individual
dwellings units located above the ground level floor of a buildino must be provided
from an enclosed lobby or corridor and stairwell stairway. Unenclosed or partially
enclosed exterior stairwells stairways may not be used as the primary means of
access to upper level units. This provision does not preclude the use of fire escalles
eoress structures.
Amend 14-2C-9H as follows:
H. Balconies, and exterior stairways, corridors and lifts for Multi-Family,
Group Living, Commercial, and Civic/Institutional Buildings
For purooses ofthis subsection the term, "exterior stairwavs," refers to stairways that lead to
floors of a building that are above the first or ground-level floor of a building. "Exterior
corridors" refers to unenclosed corridors located above the first or ground-level floor of a
building. Balconies and exterior smifwells stairways, exterior corridors and exterior lifts
must comply with the following standards:
1. Exterior smifV:ells stairways, exterior corridors, and exterior lifts are prohibited, with
the following exceptions. The City will allow exterior lifts on existing buildings that
cannot otherwise reasonably meet accessibility requirements, provided the lift is not
located on a wall of a building that faces a street. The City may allow exterior fire
egress structures on existing buildings that cannot otherwise reasonably meet code
requirements, provided the fire egress structure is not located on a wall of a building
that faces a street.
2. Balconies may not be located on any side of a building that is adjacent to a property
that is zoned Single Family Residential or that contains an existing Single Family Use.
Buildings that are set back at least 40 feet from any such property are exempt from
this standard.
3. The outer edge of a balcony shall not be closer than 4 feet from a side lot line.
4. The design of any balcony must utilize columns, piers, supports, walls, and railings
that are designed and constructed of materials that are similar or complementary to the
design and materials used for the rest of the building. Unpainted and unstained lumber
is not permitted.
Multi-Family Uses in Commercial Zones
Amend 14-4B-4A-7c(2) as follows:
(2) Access to entrance doors of any individual dwellings units located above the ground
level floor of a buildina must be provided from an enclosed lobby or corridor and
stairwell stairway. Unenclosed or partially enclosed exterior staiF\':ells stairways are
prohibited. However. the City may allow exterior fire earess structures on existina
buildinas that cannot otherwise reasonably meet code reauirements. provided the
fire earess structure is not located on a wall of a buildina that faces a street.
4
Amendment #3 - Clarify minor modification procedures for site development
standards in the Multi-Family Zone Article and add a similar minor modification
option for site development standards in the Commercial Zone and Industrial
Zone Articles
Multi-Family Zones:
Amend 14-2B-6J as follows:
J. Minor Modifications
A minor modification to adjust ar v:aive specific provisions of this section may be
requested in either of the qualifying situations listed in the paragraphs below. Such requests
will be reviewed jeiffiIy by the Design Review Committee, the Director of Planning and
Community Development, and the Building Official according to the procedures for Minor
Modifications as set forth in Article 14-8B and must meet the following approval criteria.
The following approval criteria are to be applied in lieu of the general approval criteria
listed in Section 14-4B-I, Minor Modifications.
I. Qualifying Situation: The configuration of the lot or other existing physical condition
of the lot makes the application of a specific standard impractical. In such a case, the
applicant must demonstrate that the following approval criteria are met:
a. The applicant must provide evidence that the configuration of the lot, the
topography, or other physical characteristic of the property makes the
application of a specific standard of this section impractical. Examples of
situations that may qualify include double-fronting lots, triangular shaped lots,
and steeply sloping lots.
b. The applicant must demonstrate that the proposed alternative design is not
contrary to the intent of the Multi-Family Site Development Standards.
c. The applicant must propose an alternative site or building design that best meets
the intent of the specific standard being modified ar waived.
d. The requested modification will not be detrimental to the public health, safety,
or welfare or be injurious to other property or improvements in the vicinity and
in the zone in which the property is located.
e. The requested modification does not allow a use or activity not otherwise
expressly authorized by the regulations governing the subject property.
f. The requested modification complies with other applicable statutes, ordinances,
laws and regulations.
2. Qualifying Situation: The proposed site or building is uniquely designed to fit the site
and the surrounding neighborhood. In such a situation, the applicant must
demonstrate that the following approval criteria are met:
a. The applicant proposes an alternative design solution that equally or better
meets the intent ofthe specific standard being modified ar waived.
b. The proposed site and building design is uniquely designed to fit the
characteristics of the site and the surrounding neighborhood such that it equallyeor better meets the purpose of the Multi-Family Site Development Standards.
1
c. The requested modification will not be detrimental to the public health, safety,
or welfare or be injurious to other property or improvements in the vicinity and
in the zone in which the property is located.
d. The requested modification does not allow a use or activity not otherwise
expressly authorized by the regulations governing the subject property.
e. The requested modification complies with other applicable statutes, ordinances,
laws and regulations.
Commercial Zones
Add a new section 14.2C.]O, entitled "Minor Modifications to Site Development Stmv1ards," as
follows and renumber the current 14.2C.JO to 14.2C.ll.
14-2C-10 Minor Modifications to Site DeveloDment Standards
A minor modification to adiust soecific orovisions of Sections 14.2C.6. 14-2C.7. 14.2C.g. or
14.2C.9. mav be requested in either of the aualifving situations listed in the paragraphs below.
Such requests will be reviewed bv the Design Review Committee. the Director of Plannin~ and
Communitv Development. and the Building Official according to the procedures for Minor
Modifications as set forth in Article 14-gB and must meet the following approval criteria. The
following approval criteria are to be applied in lieu of the general approval criteria listed in
Section 14.4B.1. Minor Modifications.
A. Oualifvina Situation: The confiauration of the lot or other existina ohvsical condition
of the lot makes the aoolication of a soecific standard imoractical. In such a case.
the aoolicant must demonstrate that the followina aooroval criteria are met:
I. The applicant must provide evidence that the configuration of the lot. the topography.
or other phvsical characteristic of the property makes the aoplication of a specific
standard imoractical. Examoles of situations that mav qualifv include double.fronting
lots. triangular shaped lots. and steeply sloping lots.
2. The applicant must demonstrate that the proposed alternative design is not contrary to
the intent of the site develooment standards.
3. The applicant must propose an alternative site or building design that best meets the
intent of the specific standard being modified.
4. The requested modification will not be detrimental to the public health. safetv. or
welfare or be iniurious to other property or improvements in the vicinitv and in the
zone in which the property is located.
5. The requested modification does not allow a use or activitv not otherwise expresslv
authorized by the regulations governing the subiect property.
6. The requested modification complies with other applicable statutes. ordinances. laws
and regulations.
B. Oualifving Situation: The orooosed site or buildina is uniquelv desianed to fit the
site and the surroundinq area. In such a situation. the aoolicant must demonstrate
that the followinq aooroval criteria are met:
I. The applicant proposes an alternative desi~ solution that equally or better meets the
intent of the specific standard being modified.
2
--~--,-------~._-~-"~-----
2. The proposed site and building design is uniQuelv designed to fit the characteristics of
the site and the surrounding area such that it eQuallv or better meets the purpose of the
site development standards.
3. The requested modification will not be detrimental to the public health. safety. or
welfare or be iniurious to other property or improvements in the vicinity and in the
zone in which the property is located.
4. The requested modification does not allow a use or activity not otherwise expresslv
authorized bv the regulations governing the subiect property.
5. The requested modification complies with other applicable statutes. ordinances. laws
and regulations.
Industrial and Research Zones
Add a new subsection G to 14-2D-5, entitled "Minor Modifications to Site Development
Standards, " as follows:
G. Minor Modifications to Site Development Standards
A minor modification to adiust specific provisions of this section mav be requested in either
of the QualifYing situations listed in the paragraphs below. Such requests will be reviewed
by the Director of Planning and Community Development and the Building Official
according to the procedures for Minor Modifications as set forth in Article l4-gB and must
meet the following approval criteria. The following approval criteria are to be applied in
lieu of the general approval criteria listed in Section l4-4B-1. Minor Modifications.
6. Oualifying Situation: The configuration of the lot or other existing phvsical condition
of the lot makes the application of a specific standard impractical. In such a case. the
applicant must demonstrate that the following approval criteria are met:
a. The applicant must provide evidence that the configuration of the lot. the
topographv. or other phvsical characteristic of the property makes the
application of a specific standard impractical. Examples of situations that mav
qualify include double-fronting lots. triangular shaped lots. and steeplv sloping
lots.
b. The applicant must demonstrate that the proposed alternative design is not
contrary to the intent of the site development standards.
c. The applicant must propose an alternative site or building design that best meets
the intent of the specific standard being modified.
d. The requested modification will not be detrimental to the public health. safety.
or welfare or be iniurious to other property or improvements in the vicinity and
in the zone in which the propertv is located.
e. The requested modification does not allow a use or activity not otherwise
expresslv authorized bv the regulations governing the subiect property.
f. The requested modification complies with other applicable statutes. ordinances.
laws and regulations.
7. Oualifying Situation: The proposed site or building is uniquelv designed to fit the site
and the surrounding area. In such a situation. the applicant must demonstrate that the
following approval criteria are met:
3
a. The applicant proposes an alternative design solution that equallv or better
meets the intent of the specific standard being modified.
b. The proposed site and building design is uniquelv designed to fit the
characteristics of the site and the surrounding area such that it equallv or better
meets the purpose of the site development standards.
c. The requested modification will not be detrimental to the public health. safety.
or welfare or be iniurious to other property or improvements in the vicinity and
in the zone in which the property is located.
d. The requested modification does not allow a use or activity not otherwise
expresslv authorized bv the regulations governing the subiect property.
c. The requested modification complies with other applicable statutes. ordinances.
laws and regulations.
Minor Modification Procedures
Amend 14-4B-1A-16 and add new paragraphs 17 and 18 asfollows:
16. Modifications to the Multi-Family Site Development Standards contained in
Section 14-2B-6 according to the alternate approval criteria set forth in that
section. The Buildina Official must obtain approval from the Desian Review
Committee and the Director of Plannina and Communitv Development prior to
arantina anv such modification. gwsR rOE!wests sRall13e reviewed aAa al3l3FOved
jsiAtly 13y the Desi€ln Re'Jiew Csmmiltee, tRe Dir-ester sf PlaAAiAll aAd Csmmwnity
Develepment, aAd tRe BwilElin€l Omsial.
17. Modifications to the site development standards contained in Sections 14-2C-6.
14-2C-7. 14-2C-8. or 14-2C-9 accordina to the alternate approval criteria set forth
in that section 14-2C-10. The Buildina Official must obtain approval from the
Desian Review Committee and the Director of Plannina and Community
Development prior to arantina any such modification.
18. Modifications to the site development standards contained in Section 14-2D-5
accordina to the alternate approval criteria set forth in that section. The Buildina
Official must obtain approval from the Director of Plannina and Community
Development prior to arantina any such modification.
4
Amendment # 4: Change building material requirements for large retail uses to
make allowance for stamped concrete.
Amend 14-2C-6K-5 as follows:
5. Building Materials
a. The building materials shall be predominantly quality exterior building materials,
including brick, masonry, stone, stucco, or textured concrete masonry units.
Concrete panels with a veneer of brick or masonrv mav be approved provided the
material Qives the appearance of one or more of the hiQh Quality buildinQ materials
listed above. Stamped concrete panels will only be considered if they are finished
with patterns and colors such that they appear to be brick or masonrv.
Predominantly is defined as at least 75 percent of the exterior of the entire
building, but not necessarily of each building wall. For example, use of such
materials may should be concentrated along building walls that are visible from
public streets or that contain public entrances.
b. Use of smooth-faced concrete block, unadorned tilt-up concrete panels,
prefabricated steel or vinyl panels or sheets should be minimized. If used, these
materials may cover no more than 25 percent of the exterior of the entire building
and should be reserved for building walls that are less visible to the public.
1
Amendment #5: Ground-level floor height of storefront commercial buildings and
related parking provisions
Neighborhood Commercial (CN-1) Zone
Add a paragraph 2 to 14-2C-7N as follows:
2. To encouraae commercial activitv at the street level. entrances to storefronts and the
around level floor heiaht should be no more than one foot above the level of the
abuttina sidewalk or pedestrian plaza. On slopina buildina sites and for existina
buildinas. the Citv mav adjust this reauirement. However, on slopjna sites at least a
portion of the around level floor heiaht of anv new buildina must be located no more
than one foot above the level of the abuttina sidewalk or pedestrian plaza: and the
floor heiaht of the around level floor of the buildina must be no more than 3 feet
above the level of the abuttina public sidewalk or pedestrian plaza at anv point alona
a street-facina buildina facade.
Central Business (CB-5 and CB-10) Zones
Add a paragraph 2 to 14-2C-BK as follows:
2. To encouraae commercial activitv at the street level. entrances to storefronts and the
around level floor heiaht should be no more than one foot above the level of the
abuttina sidewalk or pedestrian plaza. On slopina buildina sites and for existina
buildinas. the Citv mav adiust this reauirement. However. on slopina sites at least a
portion of the around level floor heiaht of any new buildina must be located no more
than one foot above the level of the abuttina sidewalk or pedestrian plaza: and the
floor heiaht of the around level floor of the buildina must be no more than 3 feet
above the level of the abuttina public sidewalk or pedestrian plaza at any point alona
a street-facina buildina facade.
Mixed Use (MU) Zone
Add a paragraph 4 to 14-2C-9K as follows:
4. To encouraae commercial activity at the street level. entrances to the around level
floor of a buildina that fronts on a public street or pedestrian plaza should be no more
than one foot above the level of the abuttina sidewalk or pedestrian plaza. In
addition. the around level floor heiaht for buildinas that front on a street should be no
more than one foot above the level of the abuttina sidewalk or pedestrian plaza. On
slopina buildina sites and for existina buildinas. the City may adjust these
reauirements. However. on slooina sites at least a portion of the around level floor
heiaht of any new buildina must be located no more than one foot above the level of
the abuttina sidewalk or pedestrian plaza: and the floor heiaht of the around level
floor of the buildina must be no more than 3 feet above the level of the abuttina
public sidewalk or pedestrian plaza at any point alona a street-facina buildina facade.
1
Off-Street Parking and Loading Standards
Amend 14-5A-5F as follows:
A. Standards for Structured Parking in Multi-Family and Commercial Zones
The following standards apply to structured parking in all Multi-Family Zones and all
Commercial Zones, except the CB-I 0 Zone. Standards for structured parking in the CB-I 0
Zone are specified in Subsection 14-5A-3D, above.
I. In CelHlHereial ZaRes the CN-1. CB-2. CB-5. and the MU Zones the ground level
floor of a building is reserved primarily for principal uses allowed in the wne.
Therefore, any parking located within the exterior walls of the building must meet the
following standards:
a. Structured parking is not permitted on the ground-level floor of the building for
the first 30 feet of lot depth as measured from the minimum setback line. In the
CN-I Zone it is measured from the "build-to" line.
b. No more than 50 percent of the ground level floor of a building may consist of
parking.
c. The ceiling height of an underground parking level may extend no more than I
foot above the level of the adjacent sidewalk. On sloping building sites and for
existing buildings. the City mav adiust this requirement. However. on slooing
sites at least a oortion of the ground level floor height of anv new building must
be located no more than one foot above the level of the abutting sidewalk or
pedestrian olaza: and the floor height ofthe l!Tound level floor of the building
must be no more than 3 feet above the level of the abutting oublic sidewalk or
oedestrian olaza at anv ooint along a street-facing building facade.
2. Except for garage openings, the parking area must be enclosed within the exterior
walls of the building. In no case shall a building have the appearance from the street
or from abutting properties of being elevated above a parking level or "on stilts." (See
Figure 5A.I)
3. Any exterior walls ofa parking facility that are visible from a public or private street
or from an abutting property must appear to be a component of the fal'ade of the
building through the use of building materials, window openings and fal'ade detailing
that is similar or complementary to the design of the building and must comply with
the other standards of this Section. (See Figure 5A.I)
2
Figure 5A.] - Structured Parking
Acceptable
i~:B~
o
o
Unacceptable
Unacceptable
4. In addition to window openings, the City may require landscaping as a means to
soften the visual effect of any garage walls located at the street level. Shrubs, small
berms, and planters may be used to form a landscaped screen generally ranging
between 2 and 4 feet in height. Trees may also be incorporated into the landscaped
area if sufficient area is available for tree growth.
S. Garage Entrances/Exits.
a. Vehicular access to parking within buildings should be located and designed to
minimize traffic congestion and hazards to pedestrians and to preserve street
frontages for active building uses.
b. In the CB-2. CB-S. and MU Zones. allev or rear lane access is preferred. If allev
access is not feasible due to topographical limitations or other unique
circumstances. garage openings mav face a street. but must be designed to in a
manner that will best meet the obiectives listed in subparagraph a.. above.
\' ehiel.:dar assess 10 parldHg mllst he fFSftl a rear alley aF I3rivate fear lane, if
fr~lailable. If rear aeeeS5 is R0t f)0ssihle, gMage 0peaiRgs may faee a street, but
ffilist eaffiply with the fallawi"g sllmdanlG:
e. The leeatiElR ef drjw.'8';/ays ana gamge 8peaiRgs mMst he aesigned te miRimi~e
ha-zanls t8 fJsaestrians.
d. If the structured parking is intended for residents or tenants of a building and not
the general public, there may be no more than one double-wide or two single-
wide garage openings per building. Double-wide openings may not exceed 18
feet in width; single-wide openings may not exceed 9 feet in width. For
structured parking intended for use bv the general public. garage openings
should be limited in width and number to onlv what is necessary to provide
adequate access for the types and numbers of vehicles using the parking facility.
e. Except in the CN-I, CB-2. MU and CB-S Zones, the opening(s) must occupy no
more than SO% of the length of the street-facing building wall. On corner lots,
only one street-facing garage wall must meet this standard. In the CN-I, CB-2.
MU and CB-S Zones, garage opening(s) along the primary street frontage are
not permitted if access is I'assillle feasible from another local or collector street
or from a rear alley, private street or private rear lane. If there is no feasible
alternative, garage opening(s) life mav be allowed along the primary street
frontage, provided that they occupy no more than 3S percent of the length of the
primary street frontage of the lot and provided that all provisions of Article 14-
Sc. Access Management are met.
3
B. Standards for Structured Parking in Industrial and Research Zones
Where parking is located within the exterior walls of a principal building, the following
standards apply:
1. Any exterior walls of a parking facility that are visible from an arterial street must
appear to be a component of the fa~ade of the building through the use of building
materials, window openings and fa~ade detailing that is similar or complementary to
the design of the building. In no case shall a building have the appearance from an
arterial street of being elevated above a parking level or "on stilts." (See Figure SA.!)
2. Garage Entrances/Exits. Vehielllar aeeess te parldllg 'Nithin ImildiRgs "'list be He", a
fJri~/ate sa-eet, rear aile)', aF fJri.:ate rear lEtHe, if availahle. If SHell assess is Rot
possible, gamge 0peRiRgs fBa.)' faee a fH:lBlie skeet, lmt mHst he designed 18 miRimize
hMlards te pedeslrilllls. Vehicular access to parking within buildings should be located
and designed to minimize traffic congestion and hazards to pedestrians: and to
preserve street frontages for active building uses to the extent feasible. Garage
openings should be limited in width and number to only what is necessary to provide
adequate access for the types and numbers of vehicles using the parking facility.
Standards for private off-street parking in the CB-10 Zone
Amend 14-5A-3D-4c, as follows:
c. Underground parking is preferred over above-ground structured parking. The design
of any underground parking must not detract from or prevent active building uses on
the ground-level floor of the building. To that end, the ceiling height of any
underground parking level may not extend more than 1 foot above the level of the
adjacent sidewalk. On slopinc buildina sites and for existina buildinas. the Citv mav
adiust this reauirement. However. on slopina sites at least a portion of the around
level floor heicht of anv new buildina must be located no more than one foot above
the level of the abuttina sidewalk or pedestrian plaza: and the floor heiaht of the
around level floor of the buildina must be no more than 3 feet above the level of the
abuttinc public sidewalk or pedestrian plaza at anv point alone a street-facina buildina
facade.
Multi-Family Uses in the CO-1, CN-1, CC-2, CB-2, CB-5, and CB-
10 Zones
Add a subsubparagraph (3) to 14-4B-4A-7c. as follows:
(3) To facilitate commercial uses at the street level. the around level floor heiaht should
be no more than one foot above the level of the abuttina sidewalk or pedestrian
plaza. On slopina buildina sites and for existina buildinas. the Citv mav adiust this
reauirement. However. on slopina sites at least a portion of the around level floor
heiaht of anv new buildina must be located no more than one foot above the level of
the abuttina sidewalk or pedestrian plaza: and the floor heiaht of the around level
floor of the buildina must be no more than 3 feet above the level of the abuttina
public sidewalk or pedestrian plaza at any point alona a street-facina buildina facade.
4
Surface parking in the CB-5 Zone
Amend 14-2C-BG-2a, as follows:
a. Vehicl,llar access Is !'larking ar:eas aREl alllsaeingAmloaeing facilities ml,lst be
provided fram a r-ear alley ar privata rear laRd, if available. If alley access is net
available, dri'/eways bepueen a street and a parkiR!:l area ffil,l61 be miRimized in
nl,lmber and wielR and FRl,lst be desi!:lRee to minimize Rozares to !'leeestrians.
Vehicular access to oarkina should be located and desianed to minimize traffic
conaestion and hazards to oedestrians and to oreserve street frontaaes for active
buildina uses. If available. alley or rear lane access is preferred. If alley access is
not feasible due to toooaraohicallimitations or other uniaue circumstances. driveway
access from a street may be allowed. but must be desianed in a manner that will
best meet the obiectives listed in this subparaaraoh.
5
,.,..,... .. .
L. 5h I
Prepared by: Robert Miklo, PCD, 410 E Washington Street, Iowa City, IA 52240 319356-5240 (VAC06-00002)
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF DANE ROAD SOUTH OF HIGHWAY 1. (VAC06.
00002)
WHEREAS, The Iowa City Airport Commission has acquired property on both side of the portion of
Dane Road adjacent to the Iowa City Airport south of Highway 1; and
WHEREAS, This portion of Dane Road is no longer needed to provide access to adjacent properties;
and
WHEREAS, Utilities have been or will be relocated from the right-of-way.
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 the rights-of-way legally described as
follows:
THAT PART OF EXISTING DANE ROAD RIGHT-OF-WAY SITUATED IN PART OF THE
NORTHEAST 1/4 OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH
P.M. AND IN PART OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M., ALL IN THE CITY OF IOWA CITY, COUNTY OF
JOHNSON, STATE OF IOWA. SAID PART OF EXISTING DANE ROAD RIGHT-OF-WAY IS
BOUNDED ON THE NORTH BY THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF
IOWA HIGHWAY 1 AND ON THE SOUTH BY THE SOUTHERLY LINE OF THE NORTHEAST
1/4 OF SAID SECTION 20 AND THE SOUTHERLY LINE OF THE NORTHWEST 1/4 OF SAID
SECTION 21.
SECTION II REPEALER. All ordinances and parts of if 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 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 _day of 20_.
MAYOR
ATTEST:
CITY CLERK
Approved by
t(f~~0
0/1'1;;"&/
ppadmlordtvac06-00002-dane-road.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted. and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 6/27/06
Vote for passage: AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Robert Miklo
Item: VAC06-00002 Dane Road south of Hwy 1
Date: June 1, 2006
GENERAL INFORMATION:
Applicant:
Iowa City Airport Commission
1801 S. Riverside Drive
Iowa City, IA 52246
Requested Action:
Vacation of Dane Road
Purpose:
To allow for extension of Iowa City
Municipal Airport
Location:
South of Hwy 1 West, north of Mormon
Trek Boulevard
Surrounding Land Use and Zoning:
North: Airport, P1
South: Undeveloped; CI-1
East: Airport, P1
West: Airport, P1
File Date:
May 11, 2006
BACKGROUND INFORMATION:
Mormon Trek Boulevard was constructed to provide an alternative access to properties located
south of Highway 1 that previously relied on Dane Road for access. A portion of Dane Road
located north of the extension of Mormon Trek Boulevard was vacated by the City in 2005. The
Airport Commission is now requesting vacation of the remaining portion of Dane Road between
Highway 1 and Mormon Trek Boulevard. Vacation and removal of the roadway will allow the
extension of southwest runway of the airport.
ANALYSIS:
Three general criteria are used to determine the advisability of vacating a street or alley right-of-
way. Vacating right-of-way is not advisable if it would interfere with pedestrian or vehicular
circulation, the ability to access private property, or inhibit the access of emergency or utility
vehicles. Dane Road between Highway 1 and Mormon Trek Boulevard is no longer needed to
provide access to adjacent property. The Iowa City Airport has acquired land on either side of the
road and Mormon Trek Boulevard now provides street access to the general area. A private
driveway will provide access to the Dane Farm from the south.
The property does not contain City water, sewer or storm sewer systems and is not necessary for
municipal utilities. Electric and gas lines that are located within Dane Road are no longer
necessary to serve adjacent properties and are being abandoned by MidAmerican Energy
Company. Qwest is in the process of relocating telephone lines located within the right-of-way
so no utility easements are necessary.
2
STAFF RECOMMENDATION:
Staff recommends that VAC06-00002 a request to vacate Dane Road right-ot-way south ot
Highway 1 be approved.
ATTACHMENTS:
Location Map
Approved by:
Karin Fr nklin, Director
Department ot Planning and Community Development
ppdadmin\stfrep\vac06-00002. doc
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SITE LOCATION: Dane Road V AC06-00002
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Prepared by: Robert Miklo, PCD, 410 E Washington Street, Iowa City, IA 52240 319356-5240 (VAC06-00001)
ORDINANCE NO, 06-4216
AN ORDINANCE VACATING THE ALLEY LOCATED NORTH OF BENTON STREET BETWEEN
CLINTON STREET AND DUBUQUE STREET (VAC06-00001)
WHEREAS, Johnson County has requested that the City vacate the alley located north of Benton Street
between Clinton Street and Dubuque Street; and
WHEREAS, the County has acquired all properties that have access to this alley; and
WHEREAS, the County plans to redevelop this block with a County office building; and
WHEREAS, the alley will no longer be needed to provide access to adjacent properties; and
WHEREAS, necessary utility easements will be retained or utilities will be relocated,
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 the rights-of-way legally described as
follows: .
The Alley of Block 27, plat of an Addition of lots to Iowa City, as laid off as the County Seat of
Johnson County, laid off by F,H, Lee, County Agent, June 20, 1842, according to the plat thereof
recorded in Book 1 & 2, page 301, Deed Records of Johnson County, Iowa.
SECTION II REPEALER. All ordinances and parts of if 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 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.
d and approvJt=Of June
MAYOR
ATTEST: 711~;t~4.J~ ~~
CITY LERK
20..QL.
Approved by
~
City Attorney'
~111(~LR
ppadmlordlvac06-OOOO1.doc
Ordinance No. 06-4216
Page ~
It was moved by 0' Donn e 11 and seconded by
as read be adopted. and upon roll call there were:
Vanderhoef that the Ordinance
AYES: NAYS: ABSENT:
ABSTAIN:
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
y
x
x
First Consideration 5/23/06
Vote for passage: AYES: Bailey, Champion, Elliott, O'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSTAINED: Correia. ABSENT: None.
Second Consideration 6/13/06
Vote for passage: AYES: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailty.
NAYS: None ABSTAINED: Correia ABSENT: None.
Date published 7/5/06
Ml~
~
Prepared by: Susan DUlek, Ass'!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 06-4217
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 4, ENTITLED "PARKING REGULATIONS," SECTION 15, ENTITLED "LIBRARY
PARKING" TO REQUIRE LIBRARY PATRON PARKING SIGNAGE TO NOTIFY THE DRIVER
THAT THE LIBRARY HOURS ARE POSTED ON THE LIBRARY DOOR.
WHEREAS, there are five parking spots in the front of the Iowa City Public Library designated for library
parking only during library hours;
WHEREAS, Section 9-4-15C of the City Code currently requires that the library hours be posted on each
of the five signs;
WHEREAS, the library hours frequently change and replacing the signs with the new hours is costly; and
WHEREAS, it is in the best interest of the City to have the signs refer the driver to the library hours as
posted on the entrance of the library so that new signs need not be posted every time the library changes
its hours.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECl'ION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4 entitled "Parking Regulations," Section 15,
entitied "Library Parking," is hereby amended by deleting Article C in its entirety and by substituting the
following new Article C;
Signage. Each space shall contain signage that includes said designation of "library patron parking"
and "library outside book drop off." The "library patron parking" signage shall include notification that
the Iowa City Public Library hours are posted on the library entrance door.
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 effective upon publication.
~d and approved this 27th day of June ,2006.
-(~^~
YOR -
ATTEST: ~ "~.-HJ,p Idz..uJ
CITY ERK
Approved by
~~ \-~G~O(a
City Attorney's Office
SueJordreslpkglibordPt2.doc
Ordinance No. 06-4217
Page 2-
It was moved by Elliott and seconded by
as read be adopted. and upon roll call there were:
Correia
that the Ordinance
AYES: NAYS: ABSENT:
x
x
X
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 6/13/06
Vote for passage: AYES: Correia,
Champion. NAYS: None. ABSENT:
Second Consideration ------ - - ------
Vote for passage:
Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
None.
Date published 7/5/06
Moved by Elliott, seconded by Bailey, 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: Correia, Elliott, O'Donnell,
Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None.
(I,
Prepared by: Susan Dulek, Ass'!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 4, ENTITLED "PARKING REGULATIONS," AND CHAPTER 5, ENTITLED
"PARKING METER ZONES AND PARKING LOTS" TO LIMIT PARKING IN STREETS AND
RAMPS FOR THEIR INTENDED PURPOSE,
WHEREAS, the City regulates the use of City right-of-way including the streets by, in part, regulating
parking;
WHEREAS, the City prohibits parking on the streets for the purpose of selling a vehicle and storing a
vehicle;
WHEREAS, the City owns and operates ramps and lots for the purpose of providing space for people
to park their vehicles;
WHEREAS, people are parking their vehicles for extended periods of time for the purpose of
conducting business from their vehicle; and
WHEREAS, it is in the best interest of the City to regulate parking such that the streets, lots, and
ramps are being used for their intended purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 4,
entitled "General Parking Restrictions" is hereby amended by adding the following new Subsection I:
Parking Limited to Intended Use. Except as otherwise provided herein, no person shall stop,
stand or park a vehicle upon any roadway for more than ten (10) minutes for the principal purpose
of conducting commercial activity from said vehicle, including but not limited to selling
merchandise and food.
2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 5, entitled "Parking Meter Zones and Parking
Lots," Section 4, entitled "Use of Parking Lots," Subsection D, entitled "Prohibited Parking," is hereby
amended by adding the following new Paragraph 3:
Parking Limited to Intended Use. Except as otherwise provided herein, no person shall stop,
stand or park a vehicle in any parking lot owned and operated by the City for more than ten (10)
minutes for the principal purpose of conducting commercial activity from said vehicle, including
but not limited to selling merchandise and food.
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 effective upon publication.
Passed and approved this _ day of , 2006.
MAYOR
ATTEST:
CITY CLERK
o:;~
City Attorney's Office
t,~ 7- /)~
, ,
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 6/13/06
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Second Consideration 6/27/06
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Correia, Elliott.
NAYS: Champion. ABSENT: None.
Date published
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Prepared by: Susan Dulek, Ass\. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 06-4218
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 6,
ENTITLED "PERSONS UNDER EIGHTEEN YEARS OF AGE," BY REPEALING SECTION 1B
BECAUSE THE STATE HAS ENACTED A MORE COMPREHENSIVE EDUCATION
PROVISION.
WHEREAS, Section 8-6-1B of the City Code requires cigarette permittees to educate their employees
about state law prohibitions against selling cigarettes to minors;
WHEREAS, after the City enacted Section 8-6-1 B of the City Code, the state enacted section 453A.5
of the Iowa Code, a tobacco compliance employee training program, that is more comprehensive than the
City's and in which the City participates;
WHEREAS, in light of the Supreme Court's recent decision in Iowa Grocery Industry
Association v. Citv of Des Moines, the $20.00 administrative fee charged to cigarette permittees is
likely invalid; and
WHEREAS, it is in the best interest of the City to repeal its education requirement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations," Chapter 6, entitled "Persons under Eighteen Years of Age,"
is hereby amended by repealing Section 1 B in its entirety.
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 unconstitutionai, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invaiid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
d and approved this 27th day of June ,2006.
YOR
ATTEST )J~.v K. .~
CITY CLE
~~oved by f:\ .
~)~-' u,.7~OJo
City Attorney's Office
Ordinance No. 06-4218
Page ---.L
It was moved by Bailev and seconded by
as read be adopted, and upon roll call there were:
Correia
that the Ordinance
AYES: NAYS: ABSENT:
J{
x
x
x
x
x
y
First Consideration 6/13/06
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Second Consideration ---- n______________
Vote for passage:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
Date pUblished
7/5/06
Moved by Bailey, seconded by Correia, that the rule requlrlng 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: Vanderhoef, Wilburn, Bailey,
Champion, Correia, Elliott, O'Donnell. NAYS None. ABSENT: None.
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 2,
ENTITLED "LIQUOR LICENSES AND BEER PERMITS," BY AMENDING SECTION 3 TO
ELIMINATE THE REQUIREMENT THAT JOHNSON COUNTY OFFICIALS APPROVE
APPLICATIONS FOR ALCOHOL LICENSES AND PERMITS AND TO MAKE ADDITIONAL
CHANGES RESULTING FROM THE STATE'S NEW ELECTRONIC FILING SYSTEM AND
THE INCREASED INSPECTIONS BY THE FIRE DEPARTMENT.
WHEREAS, section 4-2-3 of the City Code presently requires that the City Clerk provide
applications for a liquor license, beer permit, and wine permit, that the Fire Chief, Building Official,
and Johnson County Department of Public Health inspect each premises, and that the Police
Chief, Fire Chief, Building Official, Johnson County Department of Public Health, and Johnson
County Attorney approve or disapprove each application;
WHEREAS, because the Iowa Alcoholic Beverages Division has implemented an on-
line, paperless application process for liquor licenses and beer/wine permits, the state
application forms will no longer be available from the City Clerk;
WHEREAS, state law provides that a local authority, such as the City of Iowa City, shall
determine if the applicant is of "good moral character;"
WHEREAS, because the Iowa City Chief of Police has developed a policy to evaluate
applications that includes criteria to determine "good moral character," the Johnson County
Attorney's approval of applications is duplicative and no longer necessary;
WHEREAS, because the Johnson County Department of Public Health must inspect and
license "food establishments" under Iowa law, said department's inspections of premises and
approval of applications are duplicative and no longer necessary;
WHEREAS, because the Fire Department is developing an inspection program for high
hazard occupancies with liquor licenses and beer/wine permits, inspections by the Fire
Department and the Building Official may not be necessary for every applicant;
WHEREAS, eliminating the requirements that the Johnson County Attorney and the
Johnson County Department of Health approve every application and that the Fire Chief and the.
Building Official inspect all premises will streamline the process without lessening the scrutiny by
which the City reviews applications.
WHEREAS, it is in the best interest of the City to adopt said amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 4, entitled "Alcoholic Beverages," Chapter 2, entitled "Liquor Licenses and Beer
Permits," is hereby amended by repealing Section 3 in its entirety and substituting in lieu thereof
the following new Section 3:
A. It shall be the responsibility of the applicant for a liquor control license, beer permit, or
wine permit, or a renewal of any of those, to complete the applications provided by the state
Alcoholic Beverages Division and the City addendum. The City's addendum shall require a
listing of all persons with an ownership or management interest in the Applicant,
identification of any administrative sanctions imposed, and authorization of each such
person for an Iowa Criminal History report from the Division of Criminal Investigation.
B. The Iowa City Fire Chief, the Iowa City Building Official, and the Iowa City Chief of Police
must approve or disapprove the application. The Fire Chief and Building Official must
determine if the premises complies with all applicable state and local laws, rules, and
regulations and will, if necessary to make such determination, inspect the premises. The
Chief of Police shall make an investigation to determine if the applicant is of good moral
character as defined in section 123.3(26) of the Iowa Code, the rules of the Iowa Alcoholic
Beverages Division and guidelines developed by the Chief of Police and approved by the
City Council. Each official must approve or disapprove the application and if applicable,
provide a memo setting forth the reasons for disapproval within five (5) working days
following receipt of the application. The application must be approved by the City Council.
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 _ day of
,2006.
MAYOR
ATTEST:
CITY CLERK
ArJ;;D~
City Attorney's Office
&-/~-o~
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted. and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 6/27/06
Vote for passage: AYES: Correia, Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
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CITY OF IOWA CITY
MEMORANDUM
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ULJ
Date: June 16, 2006
To:
From:
City Council
Eleanor M. Dilkes, City Attorney
v
Re: Review of Applications for Liquor Licenses
On your agenda for June 27, you will find an ordinance making revisions to Section 4-2-3 of the
City Code which is entitled "Local Review of Application/Investigation of Applicant." Over the last
several months staff has engaged in a review of both the form and substance of the City's
review of liquor licenses. Much of the impetus for this review came from the announcement of
the Alcoholic Beverages Division that it intended to implement an on-line paperless application
process. This process became effective in Iowa City at the end of April, 2006. An applicant
accesses and completes the state's application on-line. The City is notified when the state's
application is completed. Because the City requires additional paperwork and review by a
number of local officials, changes were required to adapt to the implementation of electronic
filing. In addition, review of our local procedure suggested that other changes were advisable.
This memo will describe the reasons for the various changes in the proposed ordinance:
1. Application/Citv Addendum. As mentioned above, the State's application will now be
provided and completed online, and therefore the application will no longer be available
from the City Clerk. The applicant will, however, need to obtain the City Addendum from
the City Clerk. Therefore, it is necessary to distinguish between the ABO's application
and the City's Addendum. The ordinance now specifically provides what will be included
in the City Addendum.
2. Police Chief Review. Under the Iowa Code a license may be issued to a person of "good
moral character." That term is defined in Section 123.3(26) of the Code and includes a
requirement that the person be of "such..... good reputation as will satisfy the
administrator that the person will comply with this chapter and all laws, ordinances, and
regulations applicable to the person's operations under this chapter." The person may
not have been convicted of a felony. However, if the person's conviction of a felony
occurred more than five years before the date of the application for a license or permit,
and if the person's rights of citizenship have been restored by the governor, the City may
determine that the person is of good moral character notwithstanding such conviction.
The Iowa administrative rules further elaborate on what a local authority may consider in
evaluating an applicant's "good reputation". Although a number of factors are listed the
local review is not limited to those factors; others may be considered. Chief Hargadine
intends to take a comprehensive approach to the review of both initial and renewal liquor
license applications. To this end, with my assistance, he has prepared a policy setting
forth the criteria to be considered in evaluating an application. The proposed ordinance
includes a requirement that the Council approve the guidelines to be used by the Chief
in reviewing applications. Therefore, the Chief's policy is included on your agenda. Chief
Hargadine will be available at your meeting to answer any questions you may have.
3. Elimination of Certain Approvals. The proposed ordinance eliminates the requirements
that the application for liquor license be approved by the Johnson County Department of
Health and the County Attorney. Staff believes this will streamline the process without
compromising the scrutiny of the applicant. Years ago the State mandated approvals by
the County Attorney and County Health Department and Iowa City has continued to
June 16, 2006
Page 2
require those approvals. Chapter 137F of the Iowa Code and administrative rules
address the inspection and licensing of "food establishments". While the Department of
Health signs off on the application, they do their inspections at a different time. In Iowa
City, the County Attorney has reviewed initial licenses for many years and in 2001, as
part of the City's efforts to address underage drinking and over-consumption, the
ordinance was amended to require County Attorney approval of renewals as well. Since
that time Iowa City has begun requiring DCI criminal histories on all owners and
managers. In light of Chief Hargadine's development of criteria to consider, including a
review of criminal histories of owners and managers of the applicant, staff proposes that
review by the County Attorney no longer be required. I have expressed the City's
appreciation to the County Attorney for his Office's many years of involvement and
alerted him to the proposal by letter, a copy of which is attached.
4. Buildinq OfficiallnsDections. The existing ordinance requires inspections by both the Fire
Chief and the Building Official. As you know, the Fire Department is in the process of
developing an inspection program for high hazard occupancies including those with
liquor licenses. There may be cases in which the fire inspection is sufficient for purposes
of liquor licensing. If not, the Fire Chief and the Building Official will, if necessary, make a
separate inspection at the time the application is made.
Staff will be available at your work session to answer any questions you may have in connection
with the proposed changes.
cc: Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Sam Hargadine, Police Chief
Marian Karr, City Clerk
Andy Rocca, Fire Chief
Roger Jensen, Fire Marshall
Doug Boothroy, Director H.I.S.
Tim Hennes, Senior Building Inspector
eleanor/mem/app-review.doc
June 20, 2006
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CITY OF IOWA CITY
City Attorney's Office
410 East Washington Street
Iowa City. Iowa 52240-1826
(319) 356-5030
(319) 356-5008 FAX
J. Patrick White, Johnson County Attorney
417 S. Clinton Street
P.O. Box 2450
Iowa City, IA 52244
www.icgov.org
Dear Pat:
To follow up on my phone conversation last week with Andy Chappell, I write to let you know
about upcoming City staff proposals to modify the liquor license review process_ Staff has
recently engaged in a review of the process, based principally on the State's implementation of
an electronic application process and Police Chief Hargadine's decision to engage in a more
vigorous review of both initial and renewal applications. Enclosed you will find a copy of Chief
Hargadine's policy.
In light of Chief Hargadine's policy and the City's requirement that all owners and managers
provide a DCI criminal history, staff is recommending that the applicant no longer be required to
obtain the County Attorney's approval. Staff believes this will streamline the process without
compromising the scrutiny of the applicant. The first reading of the ordinance and the Chiefs
proposed policy will be on the City Council's June 27 agenda. We greatly appreciate your many
years of attention to the applications and thank you and your staff for your efforts. Please feel
free to call me, City Clerk Marian Karr, or Police Chief Hargadine if you have any questions or
comments.
V?i::~
Eleanor M. Dilkes
City Attorney
Enclosure
cc: Marian Karr, City Clerk
Steve Atkins, City Manager
Sam Hargadine, Police Chief
eleanor/ttrslwhite. doc
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DEPARTMENT MEMO
TO:
Mr. Steve Atkins
FROM:
Chief Sam Hargadine
RE:
Liquor License Applications
DATE:
April 24, 2006
In collaboration with the City Attorney's Office and the City Clerk's office the following policy has
been developed to govern review of applications for liquor licenses, beer permits, wine permits
and renewals by the Iowa City Police Department.
I. PROCEDURE
Prior to presentation of an application for a liquor license, beer permit or wine permit, or renewal
of any of those to the City Council the Chief of Police or his or her designee will make an
investigation to determine if the applicant is of "good moral character" as that term is defined in
the State Code and rules of the Iowa Alcoholic Beverages Division. With respect to renewal
applications any investigation will include any relevant information about prior operations under
the license or permit. Following such investigation the Chief or his designee will either approve
or disapprove the application. Any disapproval will be in writing and will set forth the reasons for
the disapproval. The investigation and, if applicable, the memo setting forth the reasons for
disapproval, will be completed within 5 working days of the Chief's receipt of the application.
In addition to a review of the application the Police Chief or his designee will perform a records
check on the establishment's history and will review the DCI (Division of Criminal Investigation)
criminal history reports provided by the applicant on each person with an ownership or
management interest in the establishment. The following factors assume the establishment
has been under continual ownership.
II. FACTORS TO CONSIDER. In determining whether an applicant is of good moral
character the factors to be considered by the Chief of Police or designee will include,
but are not limited to, the following:
. Sales of alcoholic beverages to persons under the legal age by the licensee or
permittee or its employees or agents. Multiple occurrences will be considered as
grounds for non-renewal.
. Sales of alcoholic beverages to intoxicated persons by the licensee or permitee, or
its employees or agents. Multiple occurrences will be considered as grounds for
non-renewal.
. Misrepresentation or withholding of any material fact in the license application or city
addendums including, but not limited to the failure to identify
management/supervisory staff and provide their DCI criminal histories.
. Prior felony convictions of all persons with an ownership or management interest in
the applicant will be reviewed. Per state code, a person with an ownership interest in
the applicant, as defined by state code, may not have been convicted of a felony and
the same rule should apply to those with a management interest. However, if the
felony conviction occurred more than 5 years before the date of the application and
the person's rights of citizenship have been restored by the governor, the Police
Chief or designee may, after considering the nature of the crime and the person's
history after the conviction, make a determination that the person is of good moral
character notwithstanding the conviction.
. Prior misdemeanor convictions of all persons with an ownership interest or a
management interest in the applicant will be reviewed, particularly those relating to
use of alcohol or illegal substances, including operating a motor vehicle while under
the influence of alcohol or drugs. The mere presence of a conviction would not
exclude a person from a license or renewal; however, if there was evidence that
alcohol was a factor in this conviction it would be grounds for denial. The length of
time since the conviction will be considered. Misdemeanor convictions older than
five years will not be considered.
. Conditions imposed by a Court on a person with an ownership or management
interest in the applicant relating to use of alcoholic beverages and/or presence in
establishments that serve alcoholic beverages.
. Any refusal, failure or neglect by a licensee, permittee or its employees or agents to
cooperate with any law enforcement officer in the performance of the officer's duties,
including, but not limited to, inspections of the establishment.
. Reports of law enforcement officers of incidents within or adjacent to the
establishment, such as fighting, altercations and disorderly conduct, which suggest
that the applicant does not have measures in place to adequately control the
premises.
. Over-occupancy
. A pattern of convictions of persons within the establishment for PAULA (Possession
of Alcohol Under Legal Age) and/or the local law prohibiting persons under 19 from
being in licensed establishments, which suggest that the licensee or permittee does
not have measures in place to adequately control access of persons under legal age
to alcohol. The Police Chief or Designee shall review the establishment's rate of
PAULAs per visit. A rate of 1.5 PAULAs per visit may be grounds for disapproval of
the application. (See Attached)
. Violation of any law or regulation which jeopardizes the health, safety or welfare of
patrons of the establishment.
. Corrective action taken by the licensee I permittee in response to warnings by the
Police Department. Throughout the license year when violations come to light or the
police department makes sales to minor cases, PAULA arrests or any liquor law
citation warning letters will be sent to the licensee or permittee. Copies of these
letters will be retained by the police department and will be considered in determining
whether to approve or disapprove the application.
. In the event a person with an ownership interest or management interest in the
applicant has previously had an ownership or management interest in another
establishment, relevant operation at that establishment, including the above factors,
may be considered.