HomeMy WebLinkAbout2006-07-18 Ordinance
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Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING A 1.39 ACRE PROPERTY lOCATED AT 1820
BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-
2). (REZ06-00014)
WHEREAS, the applicant, Brian DeCoster, has requested a rezoning of property located at 1820 Boyrum
Street from Intensive Commercial (CI-1) to Community Commercial (CC-2) to allow retail uses; and
WHEREAS, the Planning and Zoning Commission found that abutting properties to the west and north
are presently zoned CC-2; and
WHEREAS, the Planning and Zoning Commission has found that the CC-2 zone is intended to provide
major business districts to serVe large segments of the community; and
WHEREAS, the Planning and Zoning Commission has found t1hat Boyrum Street is a commercial
collector street designed to accommodate such traffic volumes; and
WHEREAS, the Planning and Zoning Commission has found that the Comprehensive Plan identifies the
Highway 6 Corridor as a significant commercial center for the community along which "minor
redevelopments" should occur to better serve the needs of t1he growing Soutlh District; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning
subject to conditions which address concems of pedestrian safety and aesthetic views; and
WHEREAS, the Iowa City City Council concurs witlh t1he 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) and is hereby approved:
In Township 79 North, Range 6 West of the 5'" P.M., Section 15, S.W. Y. of the S.E. Y. thereof, a tract
of land described as follows: Beginning at a point on the west line of Lloyd's Subdivision which lies S.
o degrees 17 minutes 00 seconds East, 203.00 feet from the N.W. comer of lot 2 of Lloyd's
Subdivision in Iowa City, Iowa according to the plat recorded in Book 7, page 25, Plat Records of
Johnson County, Iowa; thence South 0 degrees 17 minutes 00 seconds East, 363.30 feet; thence
South 87 degrees 29 minutes 40 seconds West, 166.00 feet; thence North 0 degrees 18 minutes 13
seconds West 369.75 feet; thence N 89 degrees 43 minutes 00 seconds East, 166.00 feet 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. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is hereby autlhorized and directed to sign, and the City Clerk to attest, t1he Conditional
Zoning Agreement between the property owners, the applicant, and the City of Iowa City.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance and the conditional zoning agreement, and record the same in t1he Office of
t1he County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and
publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of t1his
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.
_ _.,_,__,_,_,_~_____'_________.'__'______'___________"_..___..__._M_._.____.___ __~_._,_._.______~__.___~..,~_~...._.'m________~._____---.--..-..---'" --
Ordinance No.
Page 2
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
Approv~d!>y ~.
~~ ~-l)-o~
City Attorney's Office
ppdadminlordlrez06-00014 1820 Boyrum.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 7/18/06
Voteforpassage:AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ06-
00014)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Brian DeCoster, property owner and applicant (hereinafter "Applicant");
and
WHEREAS, Applicant is the legal title holder of approximately 1.39 acres of property located at
1820 Boyrum Street; and
WHEREAS, the Applicant has requested the rezoning of said property from Commercial
Industrial (CI-1) to Community Commercial (CC-2); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the instillation of a sidewalk for pedestrian safety and appropriate
landscape screening of outdoor storage and display, the zoning is in conformance with the
Comprehensive Plan; and
WHEREAS, Iowa Code ~414.5 (2005) provides that the City of Iowa 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 Applicant acknowledges that certain conditions and restrictions are reasonable
to ensure the development of the property for CC-2 uses is compatible with the Comprehensive
Plan's proposal for the Highway 6 Corridor; and
WHEREAS, Applicant agrees to develop this property in accordance with the terms and
conditions of this conditional zoning agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Brian DeCoster is the legal title holder of the property legally described as follows:
In Township 79 North, Range 6 West of the 5th P.M., Section 15, S.w. y. of.the S.E. Y.
thereof, a tract of land described as follows: Beginning at a point on the west line of
Lloyd's Subdivision which lies S. 0 degrees 17 minutes 00 seconds East, 203.00 feet
from the N.W. corner of Lot 2 of Lloyd's Subdivision in Iowa City, Iowa according to the
plat recorded in Book 7, page 25, Plat Records of Johnson County, Iowa; thence South
o degrees 17 minutes 00 seconds East, 363.30 feet; thence South 87 degrees 29
minutes 40 seconds West, 166.00 feet; thence North 0 degrees 18 minutes 13 seconds
West 369.75 feet; thence N 89 degrees 43 minutes 00 seconds East, 166.00 feet to the
point of beginning.
2. The Applicant acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code ~414.5
(2005) provides that the City of Iowa 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 setting CI-1 use
1
storage and display behind the building and/or back from Boyrum Street while employing
proper CC-2 storage and display screening, as well as the instillation of a conforming
sidewalk the length of Applicant's property. Therefore Applicant agrees to certain
conditions over and above City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Applicant agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, and that:
- a. Any outside storage will be set back at least 20 feet from the east right of way on
Boyrum Street and screened to the S3 standard.
b. Any outside storage abutting the rear of the subject property will be set back at
least 10 feet from the property line and screened to the S3 standard.
c. Any outside display merchandise will be set back at least 10 feet from the east
right of way on Boyrum Street and screened to the S1 standard.
d. Any outside display merchandise abutting the rear of the subject property will be
set back at least 10 feet from the property line and screened to at least the S2
standard.
e. Instillation of a sidewalk the length of the property according to City standards.
4. The Applicant and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code ~14.5 (2005), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Applicant and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform to 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 o.f ""J v ~)-
,200(., .
2
07/17/2006 BON 10:32 FAX 3193565t97 IOWA CITY CLERK
~ 002/003
CITY OF lOVVA CllY
Ross Wilburn, Mayor
b~ l>e. L_
By: Brian DeCoster
Attest:
Marian K. Kerr, City Clerk
~B{~~
' c.,
City Attomey'~ ,
7jdil,1o
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF ICNVA )
)88:
JOHNSON COUNTY )
On this day of . AD. 20-, before m(,. ',e
undersigned. I notaIy public in lIIld for the State of IOWR, personaUy appeared Ross Wilbum . ,d
Mllrian K. Karr, to h1e pel$Oll3lly known, who being by me duty sworn, did Bay that thRy sl'e . ,e
Mayer and City Cleric, l'88peCtiVely, of said munici~1 corporation exeouting the wlthlrl t nd
foregoing insfnmlent; that the seal affixed thereto Is the seal of said municipal ~r; t lat
said instrument WQ6 signed and sealed on behalf of said munlcipal corporation by authority Of itS
City Councl~ and that the Aid Mayor and CIty Clfrk lie sudl ~rs acknowledged that he
execution of said instrument to be the voluntary act and deed of said corporetlon, by it a,d by
them voluntarily executed.
Notary Public in and fell' tIlIl state of Iowa
My commission expires:
3
07/17/2006 VON 10:33 FAX 3193565497 IOWA CITY CLERK
~003/OO3
BRIAN DECOSTER ACKNOWLEDGEMENT:
STATE OF IOWA ) .
) ss:
JOHNSON COUNTY ) .
On this ---L1- day of CT r,t I~ . . 20 Vb. before me the undersigned a
JPur.t~or &Qfd County, i id Stale, personally appeared B v I tl-V\.
. " , to me known to be the identical person!ll named In and vmo exe'::u1 ~d
the within and foregoing instrument, and' acknowledged that lheI$h$Ithe~J executed the same IS
{hl!l!herltheir} voluntary aet and deed.
~f/iZ_// A
,N PUb6Cinand~~
My commilOGion expires: '='; Db 10 8"
~ JIII./A K .~AOBURY
:......Q. t CommissIon Number 734811
~ My C:OIT1MIUIOn Expires
I."~ ...... 06, 2008
4
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Drew E. Westberg, Planning Intern
Item: REl06-00014 1820 Boyrum St.
GENERAL INFORMATION:
Date: June 15, 2006
Applicant:
Brian DeCoster
1820 Boyrum 5t.
Iowa City, IA 52240
Contact Person:
Mark Danielson
222 S Linn St.
Iowa City, IA 52240
Phone:
(319) 338-7551
Requested Action:
Rezoning from CI-1 to CC-2
Purpose:
To allow retail uses.
. Location:
1820 Boyrum Street.
Size:
1.39 acres
Existing Land Use and Zoning:
Intensive Commercial (CI-1)
Surrounding Land Use and Zoning:
North: Commercial (CC-2)
South: Commercial (CI-1)
East: Commercial (1-1) & (CC-2)
West: Commercial (CC-2)
Comprehensive Plan:
Intensive Commercial
File Date:
May 25, 2006
45 Day Limitation Period:
July 9, 2006
BACKGROUND INFORMATION:
The applicant, Brian DeCoster, is requesting a rezoning from Intensive Commercial (CI-1) to
Community Commercial (CC-2) for one lot (1.39 acres) located at 1820 Boyrum Street. The
property is located east of the Waterfront Hy-Vee Store, directly across Boyrum from Yen Ching
Chinese Restaurant. The applicant is requesting the rezoning so that restaurant space may be
included on the north end of the current structure during renovation. The south end of the building
will continue to contain the current business of Big Ten Rentals.
The area surrounding the applicant's property has been transitioning with the continued
development of the South District. Though zoned CI-1 since 1983, the area was originally zoned
2
M-1 or light industrial. In 1994 the City rezoned the current Hy-Vee property, directly across
Boyrum Street from the subject property, from CI-1 to CC-2 allowing for construction of the
current store. In March of 2006, the City rezoned those portions of the Hy-Vee property which
remained CI-1 to CC-2.
ANALYSIS:
Zoning: The Intensive Commercial (CI-1) Zone is reserved for businesses which require outdoor
display and storage capabilities or participate in the selling and/or repairing of large equipment.
This zone is intended for land intensive commercial businesses but allows, with provisions, certain
forms of low-traffic sales-oriented retail, I.e. consignment, hardware, and building supply stores.
Eating and drinking establishments are not allowed.
The Community Commercial (CC-2) Zone is designed to create major business districts located
along major thoroughfares which service large segments of the community. Unlike the CI-1 zone,
CC-2 is a public-oriented zone designed for high-traffic sales-oriented retail.
The South District Plan shows the subject property as CI-1, though surrounded by General
Commercial. However, the Comprehensive Plan notes "minor redevelopment" of the commercial
areas surrounding Hwy 6 should occur to better serve the needs of current and emerging
residential neighborhoods to the south. Rezoning from CI-1 to CC-2, in Staff's opinion, would be
a minor redevelopment consistent with the Comprehensive Plan.
Adjacent properties to the north are CC-2, including a small retail strip mall. Properties to the east
and west are also zoned CC-2 including Hy-Vee. The CI-1 zone south of the subject property
consists of a mix of CI-1 uses such as a flooring showroom and shop and a small consignment
store. Future development in the area will include the expansion of Hy-Vee, directly across
Boyrum Street from the subject property.
Traffic implications: Zoning additional land in this area to CC-2 has potential to increase
traffic on Boyrum Street. Increased auto traffic can be accommodated as Boyrum is a
commercial collector street. Increased pedestrian traffic, though, is a concern as the subject
property does not have a sidewalk-a result of the original M-1 zoning.
Staff recommends that as a condition of rezoning the applicant provide a safe environment for
pedestrians by installing a sidewalk.
Rezoning implications: The CC-2 zone, due to its sales-oriented and public nature, regulates
outdoor storage and display. The current unscreened outdoor storage and display would be
non-conforming in a CC-2 zone. Outdoor storage and display are permitted in the CC-2 zone if
located behind a building or screened with landscaping.
Staff recommends that as a condition of rezoning the applicant abide by CC-2 site development
standards including outdoor storage and display regulations.
3
Summary: The area surrounding Big Ten Rentals has been and continues to transition from its
original light industrial classification to a commercial center in southern Iowa City. Granting the
rezoning continues this transition while remaining consistent with the Comprehensive Plan.
The move from CI-1 to CC-2 may potentially increase both vehicle and pedestrian traffic.
Boyrum Street can accommodate additional vehicle traffic, but cannot properly accommodate
additional pedestrians due to its lack of sidewalks.
Moreover, the move from CI-1 to CC-2 is a shift to a sales-oriented retail zone. This public-
oriented zone is regulated to be safe and aesthetically pleasing. Site development standards,
which include outdoor storage and display regulations, should be followed to create an
attractive retail environment.
In light of these concerns, Staff recommends as a condition of rezoning that the applicant install
a sidewalk and adhere to outdoor storage and display regulations.
STAFF RECOMMENDATION:
Staff recommends that REZ06-00014, a rezoning of approximately 1.39 acres from Intensive
Commercial (CI-1) to Community Commercial (CC-2) located at 1820 Boyrum Street, be
approved subject to:
1. The applicant provide a sidewalk to accommodate increased pedestrian traffic
2. The applicant abide by CC-2 site development standards including outdoor storage and
display regulations
ATTACHMENTS:
1. Location Map
2. Letter from Applicant
Approved by: ~-
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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SITE LOCATION: 1820 Boyrum St. REZ06-00014
Application for Rezoning
Property Location: 1820 BOYl1lm Street, Iowa City, IA 52240
Brian DeCoster is planning to renovate the building located at 1820 BOYl1lm Street. As
part ofthis process hc plans to build a space for a restaurant in the vcry Northem part of
the structure. Most of the area surrounding the property is classified as CC-2 and several
restaurants operate within 300 feet of the property, including Yen Ching and HyVee.
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Page 1 of 1
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Marian Karr
From: Julia Bradbury Ubradburybigtenrentals@yahoo,comj
Sent: Monday, July 17, 2006 12:48 PM
To: .City Council
Subject: Expedited Action for 1820 Boyrum
1, Brian DeCoster, would like to petition for expedited action to discuss the rezoning of the property
located at 1820 Boyrum Street. I request that the August I sl and the August 22nd discussions be
combined into a single meeting on the first of August.
Thank you for your time.
Brian DeCoster, Owner
1820 Boyrum Street
Iowa City, IA 52240
Ph# (319) 337-7368
Fax# (319) 351-1221
Do you Yahoo!?
Next-gen email? Have it all with the all-new Yahoo! MailBeta.
7/17/2006
_._~___.__.___~..._ ..____.'.M____"'._______._"__m._~~___,_"___._~_,.______----
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 31~356-5239
ORDINANCE NO. 06-4219
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 northem 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 ijs final passage, approval and
publication, as provided by law.
d and approved this ~ay of .JuT v ,20...llb-.
LJ~
Ordinance No. 06-4219
Page 2
ATTEST:~.I(. c:JIu,J
C CLERK
Approved 7t(.IliJ-
;zz:.
City Attorney's Office
Ppdadmin/ordlvacate wbenton.doc
lP ( "'Z- I /(le,
Ordinance No.
Page -L
06-4219
It was moved by Bailev and seconded by n' Dnnnp 11
as read be adopted, and upon roll call there were:
that the Ordinance
AYES; NAYS: ABSENT:
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
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
7/26/06
Moved by Bailey, seconded by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: .O'Donnell, Wilburn, Bailey, Champion,
Correia, Elliott. NAYS: Vanderhoef. ABSENT: None.
<_ 0
J
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 confiict 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~ c:::;
hlu/p(.,.
Ppdadmln/ord/REZ05-00022 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
Wilburn
First Consideration 6/27/06
Vote for passage: AYES: 0' Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Second Consideration 7 /18 /06
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None. ABSENT: None.
Date published
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Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. n/;-477n
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO CLARIFY CERTAIN SPECIFIC
PROVISIONS WITHIN ARTICLE 28, MULTI-FAMILY RESIDENTIAL ZONES, ARTICLE 2C,
COMMERCIAL ZONES, ARTICLE 20, INDUSTRIAL AND RESEARCH ZONES, ARTICLE 48, MINOR
MODIFICATIONS, VARIANCES, SPECIAL EXCEPTIONS, AND PROVISIONAL USES, ARTICLE SA, OFF
STREET PARKING AND LOADING STANDARDS, AND ARTICLE SA, GENERAL DEFINITIONS.
WHEREAS, 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-5, 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-6C-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:
____._._._._..._.'_.m_'_.~____,____,>.._._._.__.__._..~_-----.-..-.-,-...-"-.-~"--~-..-.-
Ordinance No. 06-4220
Page 2
Street
Unacceptable
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S>(,- ...:' .... .....
SI....
Acceptable
C. By repealing Figures 2B.5 and 2C.4 and substituting in lieu thereof the following illustration:
Street
Street
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co
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:
Acceptable
Acceptable
Street
Acceptable
~
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Street
Acceptable
Street
Unacceptable
Ordinance No, 06-4220
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 fa9ade 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-
60-6),
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:
0, 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. 06-4770
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 permilled.
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 permilled.
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. 0/;-1.770
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 requirem!,!nts, 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-
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
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. 06-4220
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-1 0 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 which 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.
Ordinance No. 06-4770
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.
_.______~.._.._.__._.~_._m____._.~._..__"____._.___.._----,,--------.---.-
Ordinance No. 06-4220
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 14-28-
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, stucco, or tex1ured 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. 06-4770
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 specifled 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
flrst 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 fayade of the building
through the use of building materials, window openings and fayade detailing that is
Ordinance No. 06-4220
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
Acceptable
qB0c~
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.
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 g 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 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 5A.1)
Ordinance No. 06-4220
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.
~ss~ ~.ill!!. day of
MAYOR'
Julv
,20..i!L-.
ATTEST: ~-"A/) '7V
CITY RK
#~
Approved by
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~Cr
CiAtt~
CR/rz..b0
Ordinance No. nh-477n
Page -1..L
It was moved by Bailey and seconded by
as read be adopted, and upon roll call there were:
Correia
that the Ordinance
AYES: NAYS: ABSENT:
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
First Consideration 6/27/06
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia,
Vanderhoef. NAYS: Elliott ABSENT: None.
Second Consideration ____u - - ---------
Vote for passage:
Date published
O'Donnell,
7/26/06
Moved byBailey, seconded by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Bailey, Champion, Correia, O'Donnell,
Vanderhoef, Wilburn. NAYS: Elliott. ABSENT: None.
S-L
Prepared by: Robert Miklo, PCD, 410 E Washington Street, Iowa City, IA 52240 319356-5240 (VAC06-Q0002)
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 01 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-aI-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 01 this
Ordinance are hereby repealed.
SECTION 111. SEVERABILITY. If any section, provision or part 01 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
Approved by
t{fi~
(0 II <-t j;; l/J
ppadmlordlvac06-00002-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 7/18/06
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Date published
IY\+~
#ro
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 0/;-4771
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 beerlwine 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
Ordinance No.
Page -L
06-4221
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.
sed and approved this 18th day of
Ju1v
,2006.
MAYOR
ATTEST:4:~ 11. ~
CITY CL K
A{ted by Uk
~{, &-/~-O&
City Attorney's Office
Ordinance No. 06-4221
Page ---2-
It was moved by VHnnprhn<ef and seconded by
as read be adopted, and upon roll call there were:
Bailev
that the Ordinance
AYES: NAYS: ABSENT:
1(
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
1(
x
x
1(
First Consideration 6/27 /06
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Second Consideration ------ - ---------------
Vote for passage:
Date published
7/24/06
Moved by Vanderhoef, seconded by Bailey, that the rule requiring ordinances to be considere
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: O'Donnell, Vanderhoef, Wilburn,
Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None.
w~
-#t ,",
" i
Prepared by: Susan Dulek, Ass'\. City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
06-4222
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 --1.8..t.l9ay of .Jill v , 2006.
~(- J-'1~
MAYOR
ATTEST: )Jlb~~:"'~ k'. ~
CITY LERK
?J:;.\))z;
City Attorney's Office
~~ 7- /)~
Ordinance No. 06-4222
Page -2-
It was moved by Bailey and seconded by
as read be adopted, and upon roll call there were:
O'Donnell that the Ordinance
AYES: NAYS: ABSENT:
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
x
x
x
J(
x
x
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 7/74/06