HomeMy WebLinkAbout2007-01-09 Ordinance
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Prepared by: Robert Miklo. Sr. Planner, 410 E. Washington Street, Iowa Clty.IA 52240: 319-356-5240 (REZ05-00025)
ORDINANCE NO. .
ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN FOR THE PENINSULA
NEIGHBORHOOD.
WHEREAS, by Ordinance No. 01-3958 the City adopted a Conditional Zoning Agreement and
Preliminary Planned Development Overlay Plan for the Peninsula Neighborhood; and
WHEREAS. the Planned Development Overlay Plan included the Peninsula Neighborhood Code which
specifies building placement requirements for the Peninsula Neighborhood; and
WHEREAS, The developer has requested amendments to the Planned Development Overlay Plan for
the Peninsula Neighborhood to eliminate McCleary Lane and the adjacent 12 lots and replace them with 3
single family lots and 5-townhouse/rowhouse style dwellings, transfer lots 99-115 from Phase 5 to Phase
2a, revise building placement standards for Bungalows, add Bungalow locations to the OPD plan, adopt
building placement standards for Multiple-Unit Buildings for outlots 0 and U, designate lot 68 for the
location of 4-live work units, remove the shared driveway from lots 54 and 55, remove lot 7a and add the
property to the adjacent lots and move the Required Street Building Line (setback) for lots 99-109 from 7
feet to 12 feet.
WHEREAS, the Planning and Zoning Commission has reviewed the revised Peninsula Neighborhood
Code and Planned Development Overlay Plan and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The revised Planned Development Overlay Plan is hereby adopted for the
property described below:
That part of Auditor's Parcel No. 95080 and all of Auditor's Parcel No. 97099, Iowa City, Johnson
County, Iowa described as follows: Commencing as a point of reference at the South quarter-corner of
Section 4, Township 79 North, Range 6 West of the 5th P.M.; thence North 1'39'04" West 1317.54 feet
along the East line of the Southwest Quarter of said Section 4 (assumed bearing for this description only);
thence South 89'43'51" West 563.04 feet along the South line of Government Lot 5 of said Section 4, to a
Northeasterly corner of said Auditor's Parcel No. 97099 and the point of beginning; thence South 0'16'09"
East 159.36 feet along an Easterly line of said Auditor's Parcel No. 97099; thence South 45'57'40" West
191.63 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 85'52'55" West
170.28 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 42'17'10" West
. 607.44 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 81'42'52" West
978.15 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence North 49'44'00" West
704.00 feet; thence North 15'34'30" West 615.50 feet; thence North 1'14'00" West 372.58 feet; Thence
North 8'12'00" East 329.35 feet to a point of intersection with the Easterly bank of the Iowa River and a
Westerly line of said Auditor's Parcel No. 95080; thence North 57'04'00" East 772.76 along a
Northwesterly line of said Auditor's Parcel No. 95080; thence South 65'32'14" East 972.25 feet along a
Northeasterly line of said Auditor's Parcel No. 95080; thence North 76'18'18" East 468.47 feet along a
Northerly line of said Auditor's Parcel No. 95080; thence South 1'39'04" East 981.65 feet along an
Easterly line of said Auditor's Parcel No. 95080 and an Easterly line of said Auditor's Parcel No. 97099;
thence North 89'43'51" East 330.00 feet aiong a Northerly line of said Auditor's Parcel No. 97099 to the
point of beginning and containing an area of 82.1 acres more or less.
SECTION II. ADOPTION OF REVISED DEVELOPMENT CODE. The revised Peninsula Neighborhood
code is hereby adopted as a component of the Planned Development Overlay (OPD) Plan by this reference,
and the terms and requirements therefore are given full force and effect as If fully set forth herein.
SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance, a copy of the Preliminary OPD Plan, and a copy of the Peninsula.
Development Code, 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
MAYOR
ATTEST:
CITY CLERK
Approved by
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ppdadrrv'ordlpenlnsula2.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 1/9/2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef,Wilburn,
Bailey. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
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Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 07-4247
AN ORDINANCE AMENDING THE ZONING CODE TO ALLOW A MINOR MODIFICATION IN CASES
WHERE THERE ARE PRACTICAL DIFFICULTIES MEETING THE STANDARDS FOR STRUCTURED
PARKING FACILITIES WHEN RETROFITTING SUCH FACILITIES WITHIN EXISTING BUILDINGS.
WHEREAS, the Zoning Code contains standards for structured parking facilities to ensure that
structured parking located within multi-family and commercial buildings is designed to minimize traffic
congestion by limiting the number of driveways and garage entrances/exits, to prevent hazards to
pedestrians and to preserve street frontages for active building uses; and
WHEREAS, the standards are reasonable for the vast majority of buildings, particularly for new
construction; and .
WHEREAS, there may be structural constraints within some existing buildings that make it difficult or
impossible to meet the structured parking standards; and
WHEREAS, it is reasonable in cases where there is practical difficulty meeting the structured parking
standards for existing buildings to provide a means to adjust the standard through a minor modification
process, provided certain conditions are met to minimize the effect on the streetscape and minimize
hazards to pedestrians.
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 14-5A-5F-5 in its entirety and substituting in lieu thereof:
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. Garage entrances/exits should be located along a building wall that does not face a
public street and should be accessed from a private drive, private rear lane or
public alley. In the CB-2, CB-5, and MU zones, alley or rear lane access is
preferred. If the Building Official in consultation with the Director of Planning and
Community Development determines that such access is not feasible due to
topographical limitations or other unique circumstances, or if allowing direct access
from a street will better meet the objectives as stated in subparagraph a., above,
garage openings may face a street, but must be designed in a manner that will best
meet the objectives listed in subparagraph a, above, and must meet the standards
listed in sub-subparagraphs (1), (2), and (3), below.
(1) 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 existing buildings where it is not possible to meet this standard due to
structural constraints of the building, the Building Official may adjust this
provision to allow one additional garage entrance/exit that faces a street,
provided that the minor modification approval criteria are met and the garage
opening is designed to minimize its effect on the streetscape and minimize
hazards to pedestrians.
(2) 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.
(3) 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,
Ordinance No. 07-4247
Page 2
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.
B. By adding a paragraph 17. to 14-4B-1A, Applicability, as follows:
17. One additional garage entrance/exit to structured parking may be granted according to
the provisions of paragraph 14-5A-5F-5, Garage Entrances/Exits. The Building Official
must obtain approval from the Director of Planning and Community Development prior to
granting any such modification.
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 9th day of January ,20~.
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MAYOR
Approved by
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City Attorney's Ice
ATTEST: ~#. ~
CITY ERK
Ordinance No. 07-4747
Page -3-
It was moved by 0' Donne 11 and seconded by Champion
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
J{
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 12/12/2006
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration --~--------------
Vote for passage:
Date published
1/ 17 /2007
Moved by O'Donnell, seconded by Champion, that the rule requiring ordinances to be consider,
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.
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Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street. Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 4, ENTITLED, "ALCOHOLIC BEVERAGES," CHAPTER 5,
ENTITLED, "PROHIBITIONS AND RESTRICTIONS," SECTION 4, ENTITLED, "REGULATION OF
PERSONS UNDER LEGAL AGE" TO PROVIDE THAT SECOND AND SUBSEQUENT OFFENSE
VIOLATIONS MAY BE BASED ON A PRIOR CONVICTION UNDER AN ORDINANCE FROM
ANOTHER CITY OR COUNTY IN IOWA.
WHEREAS, Section 4-5-4A2e of the City Code presently provides enhanced penalties for second and
subsequent convictions for possession of alcohol under the legal age (PAULA) if the first offense is based on
either the City Ordinance or the PAULA provision in state law, section 123.47 of the Code of Iowa;
WHEREAS, the ordinance should be amended to provide that the prior conviction, for purposes of
enhancement, may also be based on a violation of an ordinance of another city or county in Iowa if it
substantially corresponds either to section 123.47 of the Code of Iowa or the City ordinance; and
WHEREAS, it is in the public interest to adopt this amendment.
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 5, entitled "Prohibitions and Restrictions," Section 4
entitled "Regulation of Persons under Legal Age," Subsection A2 is amended by deleting Paragraph e in its
entirety and substituting the following new Paragraph e:
In determining if a violation charged is a second or subsequent offense, conviction for violation of
this section, section 123.47 of the Code of Iowa, or an ordinance of any city or county in the State of Iowa
that substantially corresponds to this section or section 123.47 of the Code of Iowa shall be counted as
previous offenses.
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 take effect upon publication.
Passed and approved this _ day of
,2007.
MAYOR
ATTEST:
,/ CITY CLERK
Approved by
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City Attorney's Office
sue/ord&resJPAULA ORDLocal,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 1 I Q I? 00 7
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
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