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HomeMy WebLinkAbout2012-08-21 OrdinancePrepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ- 00013) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2 ACRES LOCATED SOUTH OF HIGHWAY 1 WEST AND WEST OF SHIRKEN DRIVE AT 521 AND 531 HIGHWAY 1 WEST FROM INTENSIVE COMMERICAL (CI- 1) TO COMMUNITY COMMERCIAL (CC -2). (REZ12- 00013) WHEREAS, the City of Iowa City, has initiated a rezoning of property located at south of Highway 1 West and West of Shirken Drive at 521 and 531 Highway 1 West from Intensive Commercial (CI -1) to Community Commercial (CC -2); and WHEREAS, the South Central District Plan future land -use map shows the area along the south side of Highway 1, from Riverside Drive to the west edge of the lot at 809 Highway 1, as appropriate for retail or community commercial use; and WHEREAS, the City is initiating this rezoning to bring the restaurants located within the subject area into conformance with the current zoning code and to bring the zoning into conformance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of Intensive Commercial (CI -1) to Community Commercial (CC -2): LEGAL DESCRIPTION Commencing at a point 696.5 feet South of the East Quarter Corner of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S87050'W, 1659.0 feet, along the Centerline, of State Highway No. 1, in accordance with Plat of Survey Recorded in Plat Book 13, at Page 40 of the Records of Johnson County Recorder's Office; Thence S00 000100 "W, 60.05 feet, to a Point on the Southerly Right -of -Way Line of said Highway No. 1, which is the Point of Beginning; Thence S00 °00100 "W, 109.95 feet; Thence N90 000'00 "E, 187.00 feet; Thence N00 000'00 "E, 117.03 feet, to a Point on the Southerly Right -of -Way Line of said Highway No. 1, which is 60.00 feet normally distant Southerly of said Centerline of State Highway No. 1; Thence S87050'W, along said Southerly Right -of- Way Line 187.14 feet, to the Point of Beginning. Said tract of land being subject to easements and restrictions of record. AND The East 125 feet of equal width of the following described real estate: Commencing at the Northeast Corner of the Southeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, thence South 696.5 feet along the centerline of the pavement of Highway 6 and 218 to its intersection with the centerline of the pavement of Highway 1(highway station 0+00) a point 2.2 feet West of the East line of Section 16; thence South 87050'West along the centerline of pavement of Highway 1 to highway station 16 +58.3; thence South 68.3 feet to the place of beginning, thence south 84048'West 621.3 feet, thence 74052West 34.36 feet, thence South 74 028 "West 333.6 feet, thence South0050'West 388.3 feet, thence South 89 040' East 974.9 feet, thence North 0 °26'East, 548.6 feet to the place of beginning. Subject to covenants, conditions, restrictions, and easements of record. Ordinance No. Page 2 SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK App r *ved, ity Attor ey's f ii -- — Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 8/21/2012 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published To: Planning & Zoning Commission Item: REZ12 -00013 GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Andrew Bassman, Planning Intern Date: July 19, 2012 City initiative Rezoning from CI -1 to CI -2 To bring current uses into conformance with zoning. South of Highway 1 and west of Shirken Drive (521 and 531 Highway 1 West, and 1119 Shirken Drive) Approximately 3.5 acres Restaurant, quick vehicle servicing and general office uses North: Community Commercial (CC -2) South: Intensive Commercial (CI -1) East: Community Commercial (CC -2) West: Intensive Commercial (CI -1) South Central Planning District: Community Commercial (CC -2) The City proposes rezoning approximately 3.5 acres of land, located south of Highway 1 West, and west of Shirken Drive, from Intensive Commercial (CI -1) zoning to Community Commercial (CC -2) zoning. The proposal would rezone the lots at 521 and 531 Highway 1 West, and 1119 Shirken Drive. The City is initiating this rezoning to bring the restaurants located within the area into conformance with the current zoning code and to bring the zoning into conformance with the Comprehensive Plan. When the new zoning code was adopted in 2005, restaurants were removed as an allowed use from CI -1 zoning. As a result, the Godfather's Pizza restaurant is considered a non- conforming use. At the time the code was being rewritten, the City was interested in returning the CI -1 zoning to its original intent, which was to provide locations for land- consumptive and quasi - industrial commercial uses and only a few restaurants were located within CIA zones. ANALYSIS: Current and proposed zoning CI -1 zoning provides areas for light industrial uses — businesses with operations typically characterized by outdoor storage and display of merchandise, by repair and sales of large equipment or motor vehicles. The types of retail uses allowed in this zone are limited in order to provide opportunities for more land intensive commercial uses. Typical uses found in the CI -1 zone include vehicle -sales lots, mechanics, auto body repair and paint shops, warehousing and contractor's yards. The proposed CC -2 zoning is more retail- oriented and allows most retail -type stores, restaurants and services such as hair salons, dry cleaners and banks. The required building setbacks, height limits and parking requirements are generally the same for both zones. The only difference: CC -2 zoning requires a minimum front setback of 5 feet and CI -1 zoning a front setback of 10 feet; CC -2 zoning allows a floor area ratio of 2 while CI -1 zoning allows a FAR of 1. Comprehensive Plan The South Central District Plan future land -use map shows the area along the south side of Highway 1, from Riverside Drive to the west edge of the lot at 809 Highway 1, as appropriate for retail or community commercial uses. Currently this area is a mix of CI -1 zoning and CC -2 zoning. The South Central District Plan delineates subarea B as land adjacent to the south side of Highway 1 West and both sides of Ruppert Road from Riverside Drive to just beyond Highway 218 at the edge of the South Central Planning District. The Plan states that land available in the western reaches of subarea B, with fairly direct access to Highway 1 and near Highway 218, provides opportunities for large -lot development. These large properties would be suitable for intensive - commercial uses with extensive outdoor - storage needs. As the retail area in the eastern part of this subarea (including the area of the proposed rezoning) is upgraded, encouraging intensive commercial businesses located on or east of the Westport Plaza property to re- locate to CI -1 zones to the south or west could result in a more compatible mix of traffic and commercial shops, offices, restaurants and residential uses in the area. Compatibility with neighborhood CC -2 zoning is located on both sides of Highway 1 West between the intersection with Riverside Drive and Hudson Avenue - Shirken Drive. CC -2 zoning also exists along the north side of Highway 1 West between Miller Avenue and Hawk Ridge Road. After a stretch of about 1,000 feet of CI -1 zoning to the west of the western edge of the area of the proposed rezoning, there is a 7.17 -acre lot at 809 Highway 1 West that is also zoned CC -2. The land uses along Highway 1 West between Miller Avenue and Shirken Drive contain uses that are appropriate in the CC -2 zone. The current uses —a coffee and yogurt shop at 521 Highway 1 West and Godfather's Pizza at 531 Highway 1 West —are non - conforming in the CIA zoning, but are permitted in the CC -2 zoning. CC -2 and CIA zoning provisionally allow quick vehicle servicing uses, which is the classification of the gas station and convenience store at 521 Highway 1 West (which occupies the western front of the building, while the yogurt and coffee shop occupies the eastern frontage). The office space located at 1119 Shirken Drive would be unaffected by the rezoning, as both CC -2 and CI -1 zoning permits general office use. The office space provides a buffer between the restaurant uses adjacent to the north of the office space and the masonry business, and industrial service use, which is adjacent to the south of the office space. Traffic Implications This is an area of high- traffic volume. The purpose of the CC -2 zone is to provide for major business districts to serve a significant segment of the total population. In addition to a variety of retail goods and services, these centers typically feature a number of large traffic generators requiring access from major thoroughfares. The uses at the properties in the area of the proposed rezoning would not change, at least not immediately, due to the rezoning. The presence of CC -2 zoning to the east and west means the area already attracts traffic from a large part of the community, and therefore would not likely adversely affect the surrounding areas. A traffic signal at the intersection of Highway 1 West, Miller Avenue and Shirken Drive provide good access to the area of the proposed rezoning. STAFF RECOMMENDATION: Staff recommends approval of REZ12- 00013, rezoning approximately 3.5 acres of land, located along the south side of Highway 1 West, west of Shirken Drive (the lots on 521 and 531 Highway 1 West, and 1119 Shirken Drive), from CI -1 (intensive commercial) to CC -2 (community commercial). ATTACHMENTS: Location Map Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development o Li y T U (/) ul ul 3A1a0 301Sa3�la HLf10S AOIH 'S'fl N O F- Z is aaVHO 3 N rU' O Z 1� V W T Z kVMHDIH 010 T V T V N U V r-1 N 06 M LO O Q 0 W H M NMVH vi.a NC �N a.� � - U O L� 80 NOIN38 fl O � II w /1 aC�ll � G' a Z kVMHDIH 010 T V T V N U V r-1 N 06 M LO O Q 0 W H M City of Iowa city MEMORANDUM Date: July 19, 2012 To: Planning and Zoning Commission From: Andrew Bassman, Planning Intern RE: Removal of 1119 Shirken Drive from REZ12 -00013 application Staff has determined, after discussion with the property owner, that the property at 1119 Shirken Drive should not be a part of the REZ -00013 application. The application originally included the properties at 1119 Shirken Drive, 521 Highway 1 West, and 531 Highway 1 West in the rezoning from CI -1 (commercial intensive) to CC -2 (community commercial). The predominant use of the property at 1119 Shirken Drive is general office use, which is permitted in CI -1 and CC -2 zoning. However, the southwest portion of the building includes warehouse space. Warehouse and freight movement uses are characterized by firms involved in the storage or movement of goods for themselves or other firms but with little on -site sales activity with the customer present. Warehouse and freight movement uses are permitted in CI -1 but not allowed in CC- 2 zoning. The warehouse area of the building has been vacant for some time. The property owner has expressed concern about being able to rent the space for any uses other than warehouse in the future. For these reasons, staff has removed the property at 1119 Shirken from the REZ12 -00013 application. Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ -00013) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2 ACRES LOCATED SOUTH OF HIGHWAY 1 WEST AND WEST OF SHIRKEN DRIVE AT 521 AND 531 HIGHWAY 1 WEST FROM INTENSIVE COMMERICAL (CI- 1) TO COMMUNITY COMMERCIAL (CC -2). (REZ12- 00013) WHEREAS, the City of Iowa City, has initiated a rezoning of property located at south of Highway 1 West and West of Shirken Drive at 521 and 531 Highway 1 West from Intensive Commercial (CI -1) to Community Commercial (CC -2); and WHEREAS, the South \nd l District Plan future land -use m p shows the area along the south side of Highway 1, from Riversidto the west edge of the lot at 09 Highway 1, as appropriate for retail or community commercial us WHEREAS, the City ig this rezoning to bring the re aurants located within the subject area into conformance with the currcode and to bring the zoni into conformance with the Comprehensive Plan; and WHEREAS, the Plan Z ing Commission has a reviewed the proposed rezoning and ha s recommended approval. NOW, THEREFORE, BE IINED Y THE CITY COU CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROoperty scribed below s hereby reclassified from its current zoning designation of Intensive Cial (CI -1) t Community ommercial (CC -2): Commencing at a point 696.5 feet South of the) Range 6 West of the 5th Principal Meridian; Thei State Highway No. 1, in accordance with Plat of Records of Johnson County Recorder's Office; TI Corner of Section 16, Township 79 North, S87050'W,1659.0 feet, along the Centerline, of vey Recorded in Plat Book 13, at Page 40 of the S00 °00'00 "W, 60.05 feet, to a Point on the Southerly Right -of -Way Line of said Highway NP. 1, ich S00 °00'00 "W, 109.95 feet; Thence N90 °00'00" , 187.0 fe Point on the Southerly Right -of -Way Line I" id Highwa Southerly of said Centerline of State Highw No. 1; Then( Way Line 187.14 feet, to the Point of Beg! ing. Said tract restrictions of record. AND is the Point of Beginning; Thence, et; Thence N00 °00'00 "E, 117.03 fe, to a No. 1, which is 60.00 feet eiarrrfall slistari a `,? Ordinance No. Page 2 SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the Coun"ecorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby re'kealed. invalid or unconstitutional, section, provision or part tl publication, as provided by law. MAYOR ATTEST: CITY CLERK Y. If any section, provision or adjudication shall not affect tt 3Af adjudged invalid or uncom TE. This Ordinance shall b Appr 'ved� f/ ity Atto�r ey's ffi of the Ordinance shall be adjudged to be lidity of the Ordinance as a whole or any in effect after its final passage, approval and LLC 5C Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ADD A DEFINITION FOR "DELAYED DEPOSIT SERVICE USES" AND REGULATE SAID USES AS PROVISIONAL USES IN THE COMMUNITY COMMERCIAL ZONE. WHEREAS, delayed deposit services, also known as payday lenders, can trap consumers in repeat borrowing cycles due to the high cost of borrowing, short repayment term, and consequences of failing to make good on the check used to secure the loan; and WHEREAS, Iowa state law licenses delayed deposit services and regulates the terms of loans issued by delayed deposit services; and WHEREAS, a study of the effects of the presence of delayed deposit service establishments on surrounding areas found that delayed deposit services tend to concentrate in communities where crime rates are higher and found a statistically significant correlation between the presence of payday lenders and increases in crime; and WHEREAS, a study of the effects of the presence of delayed deposit service establishments on surrounding areas concluded that beyond the high cost of borrowing, payday lenders might have broader effects on a community, such as crime and economic distress; and WHEREAS, while the Iowa City community has not necessarily experienced these broader negative effects of crime and economic distress, evidence that other cities have experienced these negative effects may be justification for regulating the location of delayed deposit service establishments; and WHEREAS, this ordinance is a preventative measure against the possible future negative effects, like crime and economic distress, of the location of delayed deposit services on surrounding areas in Iowa City; and WHEREAS, delayed deposit service uses be defined in a manner consistent with the definition used in the State Code of Iowa; and WHEREAS, by preventing delayed deposit service uses from locating within 1,000 feet of any property containing any existing daycare use, educational facility use, parks and open space use, religious /private assembly use, residential use, or any other delayed deposit service use, these broader negative effects of crime and economic distress would be less likely to occur in the areas surrounding delayed deposit service establishments; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and recommended approval. 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. Amend Article 14 -9A, adding the following definition: Delayed Deposit Service Use: A Delayed Deposit Service Use is defined as an individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity, who for a fee accepts a check dated subsequent to the date it was written or a check dated on the date it was written and holds said check for a period of time prior to deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied. For the purposes of this Title, "check" means a check, draft, share draft, or other instrument for the payment of money. B. Amend paragraph 14- 4A41 -2, Examples, adding a subparagraph g, entitled, "Delayed Deposit Service Uses," as indicated below: Ordinance No. Page 2 g. Delayed Deposit Service Uses: payday lenders and any other similar use that meets the definition of Delayed Deposit Service Use, as defined in Article 14 -9A of this Title. C. Amend Table 2C -1, Principal Uses Allowed in Commercial Zones, adding an additional row under the "SUBGROUP" heading for Retail Uses, entitled, Delayed Deposit Service Uses," and within this row under the "CC -2" column indicate that said use is a provisional use in this zone by adding the abbreviation, "PR." D. Amend Subsection 14- 46-413, adding a new paragraph 24, as indicated below, and renumbering the subsequent paragraph accordingly: 24. Delayed Deposit Service Uses in the CC -2 Zone a. The use is licensed by the State of Iowa; and b. The use will be located at least 1,000 feet from any property containing any existing daycare use, educational facility use, parks and open space use, religious /private assembly use, or residential use; c. The proposed use will be located at least 1,000 feet from any other delayed deposit service use. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2012. MAYOR ATTEST: CITY CLERK A roved b bA- City Attorne -4 ice Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 8/21/2012 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published City of Iowa City MEMORANDUM Date: July 19, 2012 To: Planning and Zoning Commission From: Andrew Bassman, Planning Intern RE: Payday lending Introduction City Council requested that staff study the possibility of using zoning powers to regulate payday lending. Council's request was based on concerns raised by Iowa Citizens for Community Improvement. Staff studied how payday lending works, the situation in Iowa City and zoning ordinances adopted in other cities in Iowa. Background The inability of low- income consumers with poor credit history to access certain services from federally- insured banks has resulted in a two- tiered financial services industry. Such consumers rely on the alternative financial services industry, like payday lenders, for loans. Policy choices vary according to whether payday loans are viewed as a tolerable, high -cost form of emergency short-term credit, or as a predatory loan with triple -digit annual interest rates. Payday loans can trap consumers in repeat borrowing cycles due to the high cost of borrowing, short repayment term, and consequences of failing to make good on the check used to secure the loan. Iowa law has banned rollovers (rather than repay the loan on the due date, extending the loan term for an additional fee), set the maximum loan amount at $500, loan term at 31 days, and the fee or interest cap at $15 for the first $100 borrowed and $10 for each $100 thereafter. The annual percentage rate for a two -week, $250 loan based on the maximum fee is 358 %. Demand for payday loans comes from households with poor credit history, but also with checking accounts, steady employment and annual income below $50,000, according to an article in the Journal of Economic Perspective from 2007. Lenders do not conduct a full credit check on borrowers. While the high cost of borrowing has been the focus of much of the scholarly literature and public debate on payday lending, an article in Criminology and Public Policy from 2011 studied the effects of payday lending institutions on surrounding areas. The study found that payday lenders in the Seattle area tend to be concentrated in communities where crime rates are higher, and a statistically significant correlation between the presence of payday lenders and increases in crime. The authors of the study conclude that, beyond the high costs of borrowing, July 13, 2012 Page 2 broader community costs might persist, such as crime and economic distress, which all residents pay when they reside in neighborhoods with a concentration of payday lenders. Other Iowa Ordinances Cities in Iowa with ordinances restricting payday lending have justified regulation by citing the payday lender- economic distress nexus. For example, the Des Moines ordinance states that proliferation of payday lenders suggests a commercial corridor and adjoining neighborhoods in economic decline, and negatively impacts re- investment, property values and economic development efforts. A memo to the Ames City Council from Staff regarding the ordinance stated that Ames itself would not necessarily have had to experience such negative effects; evidence that other cities have experienced negative effects may be justification for each condition. Ames, Clive, Des Moines and West Des Moines have passed zoning ordinances restricting payday lending establishments, all within the last two years. The Ames ordinance: • Prohibits payday lenders from locating within 1,000 feet of schools, child care centers, other payday lenders, residential zones and arterial streets. The Clive ordinance: • Restricts delayed deposit services and pawnbrokers to locating in commercial and industrial zones. • Prevents delayed deposit services and pawnbrokers from locating within 1,000 feet of any residential zone, or in any property the city's comprehensive plan has designated as residential- oriented. • Prevents delayed deposit services and pawnbrokers from locating within 1000 feet of any children's daycare, nursery, preschool, elementary, junior or senior high school, church, park or recreational facility operated by the City or County, County conservation board, or State of Iowa. • Restricts visibility into the store, which would be maintained utilizing transparent glass on all windows and doors and keeping all windows free of obstructions for at least three feet into the store. The product may be displayed in the window if it does not cover over 30% of the window area. The Des Moines ordinance: • Prohibits pawnbrokers and delayed deposit services businesses from locating in most commercial districts. • Requires one -half mile separation between delayed deposit services businesses, and one -half mile separation between pawnbrokers. • Requires 250 feet of separation between pawnbrokers and delayed deposit service businesses from any residential zone or portion of PUD district devoted to residential use. July 13, 2012 Page 3 The West Des Moines ordinance: • Prohibits payday lenders from locating within a half mile of each other. • Prohibits payday lenders from locating within 250 feet of any existing residential property, residentially -zoned property or portion of a PUD district restricted to residential use. Summary The presence of payday lenders can have negative effects on surrounding areas. Other communities in Iowa use zoning codes to regulate the location of payday lending establishments. Staff has drafted amendments that would regulate payday lenders as provisional uses in CC -2 zones and require separation from residential and other sensitive uses as well as other payday lenders. Recommendation Staff recommends establishing a definition for payday lenders that is consistent with the State Code definition. In the State Code such uses are called "delayed deposit services." Second, staff recommends restricting the location of these uses to the Community Commercial (CC -2) Zone as provisional uses with additional separation requirements between these uses and other uses and areas that may be negatively impacted by these uses. Third, staff recommends these uses be limited to only those licensed by the State of Iowa. Specifically, staff recommends the code be amended as indicated on the following pages. The underlined text is the suggested new language. All other language in the subject code section will remain unchanged. July 13, 2012 Page 4 Amend Article 14 -9A, adding the following definition: Delayed Deposit Service Use: A Delayed Deposit Service Use is defined as an individual group of individuals partnership association corporation, or any other business unit or legal entity, who for a fee accepts a check dated subsequent to the date it was written or a check dated on the date it was written and holds said check for a period of time prior to deposit or presentment pursuant to an agreement with, or any representation made to the maker of the check whether express or implied. For the purposes of this Title "check" means a check draft, share draft, or other instrument for the payment of money. Amend paragraph 14- 4A -41 -2, Examples, adding a subparagraph g, entitled, "Delayed Deposit Service Uses," as indicated below: q Delayed Deposit Service Uses: payday lenders and any other similar use that meets the definition of Delayed Deposit Service Use, as defined in Article 14 -96 of this Title. Amend Table 2C -1, Principal Uses Allowed in Commercial Zones, adding an additional row under the "SUBGROUP" heading for Retail Uses, entitled, Delayed Deposit Service Uses," and within this row under the "CC -2" column indicate that said use is a provisional use in this zone by adding the abbreviation, `PR." Amend Subsection 14- 4B -4B, adding a new paragraph 24, as indicated below, and renumbering the subsequent paragraph accordingly. 24. Delaved Deposit Service Uses in the CC -2 Zone a. The use is licensed by the State of Iowa; and b. The use will be located at least 1,000 feet from any property containing any existing daycare use educational facility use, parks and open space use religious /private assembly use, or residential use; c. The proposed use will be located at least 1,000 feet from any other delayed deposit service use. July 13, 2012 Page 5 ATTACHMENTS: Map of payday lending establishments in Iowa City Approved by: \ obert Miklo, Senior Planner, Department of Planning and Community Development r - t �E r:. e . i t a � C ° s w � m� y1�1— Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, ZONING CO E, TO ADD A DEFINITION- FOR ."DELAYED DEPOSIT SERVICE USES" AND REGULATE SAI USES AS PROVISIONAL USES IN THE COMMUNITY COMMERCIAL ZONE. WHEREAS, delayed deposit services, also known borrowing cycles due to the hig cost of borrowing, sh make good on the check used to ecure the loan; and WHEREAS, Iowa state law lic nses delayed depos�, delayed deposit services; and WHEREAS, a study of the a ects of the 1 surrounding areas found that delayed eposit servl are higher and found a statistically nificant cl increases in crime; and WHEREAS, a study of the effects f the 1 surrounding areas concluded that beyond he hig effects on a community, such as crime and a no WHEREAS, while the Iowa City commu 'ty effects of crime and economic distress, eviden may be justification for regulating the location of WHEREAS, this ordinance is a preventati e r crime and economic distress, of the location de and WHEREAS, delayed deposit service us s be the State Code of Iowa; and WHEREAS, by preventing delayed d osit service us)-- containing any existing daycare use, ed cational facility us assembly use, residential use, or any o er delayed deposit crime and economic distress would be ess likely to occur in establishments; and WHEREAS, the Planning and oning Commission has approval. payday lenders, can trap consumers in repeat repayment term, and consequences of failing to services and regulates the terms of loans issued by ance of delayed deposit service establishments on tend to concentrate in communities where crime rates ation between the presence of payday lenders and )r sence of delayed deposit service establishments on cost of borrowing, payday lenders might have broader is distress; and ias not necessarily experienced these broader negative that other cities have experienced these negative effects ayed deposit service establishments; and sure against the possible future negative effects, like la d deposit services on surrounding areas in Iowa City; in a manner consistent with the definition used in from locating within 1,000 feet of any property , parks and open space use, religious /private ervice use, these broader negative effects of t1k areas surrounding delayed deposit service NOW, THEREFORE, BE IT RDAINED BY THE CITY COUNII IOWA: � SECTION I. The Code of Or inances of the City of Iowa City, Iowa is A. Amend Article 14 -9A, Vdding the following definition: this ordinance and recommended L OF THE CITY OF IOWA CITY, amended as follows: Delayed Deposit S ice Use: A Delayed Deposit Service Use is de ned as an individual, group of individuals, part ership, association, corporation, or any other bus ess unit or legal entity, who for a fee acce s a check dated subsequent to the date it was wr en or a check dated on the date it was w tten and holds said check for a period of time prior to deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied. For the purposes of this Title, "check" means a check, draft, share draft, or other instrument for the payment of money. B. Amend paragraph 144A -41 -2, Examples, adding a subparagraph g, entitled, "Delayed Deposit Service Uses," as indicated below: Ordinance No. Page 2 g. Delayed Deposit Service Uses: payday lenders and any other similar use that meets the definition of Delayed Deposit Service Use, as defined in Article 14 -9A of this Title. C. Amend Table 2C-1, Principal Uses Allowed in Commercial Zones, adding an additional row under the "SUBGROUP" ading for Retail Uses, entitled, Delayed Deposit Service Uses," and within this row under the "CC- " column indicate that said use is a provisional use in this zone by adding the abbreviation, "PR." D. Amend Subsection 146 -4B, adding a new paragraph 24, as indicated below, and renumbering the subsequent paragraph ccordingly: /J 24. Delayed Deposit Se ce Uses in the CC -2 Zone a. The use is licens by the State of Iowa; and b. The use will be loc ted at least 1,000 feet fro any property containing any existing daycare use, educational fa ity use, parks and ope space use, religious /private assembly use, or residential use; c. The proposed use will a located at leas 1,000 feet from any other delayed deposit service use. SECTION II. REPEALER. All ordinan Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any se( invalid or unconstitutional, such adjudication section, provision or part thereof not adjudged SECTION IV. EFFECTIVE DATE. This publication, as provided by law. Passed and approved this day of MAYOR ATTEST: CITY CLERK v A roved. b City Attorne ' 6ffice and oAs of ordinances in conflict with the provisions of this t0 ovision or part of the Ordinance shall be adjudged to be f affect the validity of the Ordinance as a whole or any Ece or unconstitutional. shall be in effect after its final passage, approval and 2012. -1`� tz � Marian Karr From: Jill Foco <jumbleblue @yahoo.com> Sent: Wednesday, August 22, 2012 7:18 PM To: Council Subject: Re: Payday Loan Zoning Ordinance Dear Council Members: Thank you for your accurate voting last night on CCI's payday loan zoning ordinance. I wholeheartedly support your passing this ordinance through the second reading and into law as soon as possible. Jill Foco Marian Karr From: SHenryson @aol.com Sent: Wednesday, August 22, 2012 10:18 AM To: Council Subject: Payday Loans Thank you for your action last night in limiting payday loans. They are evil instruments of exploitation. Sara Henryson 1023 Kirkwood Ave. Iowa City, IA This correspondence will become a public record. Marian Karr From: Nancy Barnes <nbarnes.kohout @gmail.com> Sent: Wednesday, August 22, 2012 10:18 AM To: Council Subject: payday loan zoning ordinance Thank you for your vote to combat pay day loans by passing a zoning ordinance. That's excellent. Now, please pass it through the second reading as quickly as possible and into law. This is a very important step forward toward ending the business of making very predatory loans at extemely high interest rates. Again, thank you. Respectfully, Nancy Barnes - Kohout Marian Karr From: Misty Rebik <m istyrebik@g mail. com > Sent: Wednesday, August 22, 2012 10:28 AM To: Council Subject: Thank you for the vote last night Dear Council Members, I wanted to write you to tell you thank you for voting the right way last night on CCI's payday loan ordinance. This is an important step that we can take locally to crack down on predatory lending in our community. I ask that you consider passing the ordinance into law at the next reading. With overwhelming support for the ordinance from all council members, it would best serve our community to pass the ordinance as soon as possible, and skip the third reading. Again, thank you for voting the right way on this ordinance, and I will see you in September. Regards, Misty Rebik Marian Karr From: Greenough, Paul R <paul- greenough @uiowa.edu> Sent: Wednesday, August 22, 2012 10:27 AM To: Council Subject: I support proposed payday lending ordinance Dear Council members, I support the proposed zoning ordinance that will crack down on predatory payday lenders by pushing them to the margins of the city. Payday lenders make huge profits by preying on low - income and marginally employed workers in our city, and the Council is to be commended by taking up a regulation to force them out. Please pass the second reading of the ordinance and speed it toward adoption —it's rare that a measure can be taken by city government that will so obviously improve living conditions for hard - working people who deserve relief. With thanks, Paul Greenough 4706 Oak Crest Hill Rd SE Iowa City, IA 52240 Marian Karr From: Peter Hansen <pjhansen @ia.net> Sent: Wednesday, August 22, 2012 11:35 AM To: Council Subject: Predatory Payday Lenders Council Members: Thanks for your 7 -0 vote on the first reading of the proposed ordinance cracking down on predatory payday lenders by zoning them to the margins of the city. Peter Hansen 1 Oaknoll Ct Iowa City, IA 52246 This correspondence will become a public record. Marian Karr From: Ginny Meyer < meyervk@g mail. com > Sent: Wednesday, August 22, 2012 5:15 PM To: Council Subject: payday loan zoning This correspondence will become a public record. Dear council members, Thank you for making the thoughtful decision to help stop predatory loans from hurting the people of Iowa City. Your actions are a perfect example of our elected representatives working to improve the lives of their constituents and making Iowa City a place where social justice can thrive. I hope you will pass this reading into law without delay. Yours, Virginia Meyer Marian Karr From: delholland@aol.com Sent: Wednesday, August 22, 2012 1:00 PM To: Council Cc: david @iowacci.org; joe @joebolkcom.org Subject: Payday loan ordinance This correspondence will become a public record. Dear Members of the Iowa City Council, As some of you do, I have some reservations about having to do this through zoning, but since the state continues to choose not to act to limit these predatory lenders, I applaud you for finding a way to do it. I look forward to your passing it through the second reading and into law as soon as possible to stop these companies from preying on the most vulnerable. Thank you, Del Holland 1701 East Court Street 338 -5220 Marian Karr From: Maria Houser Conzemius <mconzemius @g mail. com> Sent: Wednesday, August 22, 2012 4:02 PM To: Council Cc: David Goodner; Maria Houser Conzemius Subject: Pay -day loan businesses = predatory I'm writing to express my support for restrictions on pay -day lenders in Iowa City. I would prefer not to have any of those businesses in Iowa City, since we can't cap their outrageous interest rates. Failing that, I'd like to limit the number of them, which is inadequate and weak, but better than nothing. Helene ......? of CCI mentioned Veridian and I think the University of Iowa Community Credit Union as possible alternatives to pay -day lenders. I think that social workers and public service announcements should make sure that her information, which I assume is valid, goes out to social work clients and consumers who might avail themselves of such places. Years ago when I used to wait for my daughter after work when she was a young teen, I had a good view of a pay -day lender on the Coralville strip. I was surprised by who went in and out of there. I saw a man with a Ph.D. in physics and astronomy go in there, a man I knew as my children's teacher in an extracurricular activity. Marian Karr From: khubel <khubel @southslope.net> Sent: Wednesday, August 22, 2012 2:39 PM To: Council Subject: Payday loan zoning ordinance Thank you for approving the first reading of the payday loan zoning ordinance that can't help but benefit the community. Kenn Hubel North Liberty, IA Marian Karr From: Baldridge, Thomas H <thomas- baldridge @uiowa.edu> Sent: Wednesday, August 22, 2012 8:15 PM To: Council Subject: Payday loan zoning ordianance This correspondence will become a public record. Councilors: Thank you for passing this ordinance last night and I trust you will move it through its second reading, making it effective quickly. Tom Baldridge 1 Marian Karr From: Margaret/Charles Felling <mcfelling @mchsi.com> Sent: Wednesday, August 22, 2012 8:55 PM To: Council Subject: Thanks for addressing problem of predatory loans This correspondence will become a public record. We thank you for moving closer to zoning payday loan sharks to the margins of the city -- Margaret and Chuck Felling 7th Avenue, IOWA CITY Marian Karr From: Fales, Evan <evan- fales @uiowa.edu> Sent: Thursday, August 23, 2012 11:50 AM To: Council Subject: pay -day lenders ordinance This correspondence will become a public record. Dear Council Members, Thank you for your unanimous vote in favor of the ordinance directed at reigning in pay -day lenders in Iowa City on first reading on Tuesday. I hope you will stay the course on this. Evan Fales 1215 Oakcrest St., Iowa City, IA 52246 5d Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ -12- 00010) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2.7 ACRES OF LAND LOCATED NORTH OF BENTON STREET BETWEEN GEORGE AND STREB STREETS FROM MEDIUM - DENSITY SINGLE - FAMILY (RS- 8) ZONE TO OVERLAY PLANNED DEVELOPMENT MEDIUM - DENSITY MULTI - FAMILY (OPD- RM -20) ZONE. (REZ12- 00010) WHEREAS, the applicant, Christian Retirement Services, has requested a rezoning of property located north of Benton Street between George and Streb Streets from Medium - Density Single - Family Residential (RS -8) to Overlay Planned Development Medium - Density Multi - Family Residential (OPD- RM -20) and approval of a preliminary OPD plan; and WHEREAS, an amendment to the Comprehensive Plan changed the land -use designation map for the subject properties from single - family /duplex residential to Medium - Density Multi - Family Residential; and WHEREAS, the Comprehensive Plan supports provision of group living options for senior citizens, and the Southwest District Plan encourages development of high - quality multi - family housing that is compatible with surrounding developments to meet the housing needs of a variety of households, including elderly residents; and WHEREAS, the OPD zoning gives the City the opportunity to review the design with the intent of assuring that the resulting development is compatible with the neighborhood and the overall goals of the Comprehensive Plan; and WHEREAS, the proposed development includes design features —such as a variety of building materials with balconies to create an articulated fagade, inclusion of a courtyard within the main building to provide an open space corridor, development of two duplexes on the east side of Streb Street that function as a transition and step -down between the main building and the RS -8 zone to the west —to the make the development compatible with the surrounding neighborhood; and WHEREAS, the applicant is seeking waivers, as allowed by the OPD zoning, to allow the maximum overall height of the building to be increased from 35 feet to 52 feet; and WHEREAS, the height increase is justified, due to design features of the development, the need for housing for senior residents, and the provision of two levels of interior parking; and WHEREAS, the applicant is seeking waivers to allow a variation in tree coverage standards for the courtyard area, since the courtyard functions more as open space than as a rooftop; and WHEREAS, the applicant is seeking waivers to increase the width of two garage doors within the development from a maximum of 18 feet to 20 feet, which is reasonable given that they would be located in the interior of the development; and WHEREAS, the applicant has agreed to dedicate additional right -of -way to bring the north side of Benton Street up to current arterial street right -of -way standards as shown on the OPD plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval of the rezoning and the preliminary OPD plan. 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 designation of Medium - Density Single - Family Residential (RS -8) to Overlay Planned Developed Medium - Density Multi - Family Residential (OPD- RM -20): LEGAL DESCRIPTION LOT 11 AND LOT 12 OF GRANDVIEW MANOR (PLAT RECORDED IN PLAT BOOK 4, PAGE 430 AT THE JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA; AND LOT 1, LOT 2, LOT 3, LOT 4, AND LOT 5 OF A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., (PLAT RECORDED IN PLAT BOOK 4,. PAGE 315 AT THE JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA; AND LOT 24, LOT 25, LOT 26, LOT 27, LOT 28, LOT 29 AND LOT 30 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 1, LOT 2 AND LOT 3 OF A SUBDIVISION OF LOT 31 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT Ordinance No. Page 2 RECORDED IN PLAT BOOK 23 PAGE 42 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 24, LOT 25, LOT 26, LOT 27 AND LOT 28 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUTNY RECORDER'S OFFICE). SECTION II. VARIATIONS. To allow the development of 73 new dwelling units for the elderly, the OPD- 20 Plan for the subject properties varies from the RS -20 dimensional requirements. These variations include allowing a height increase from a maximum of 35 feet to 52 feet, allowing the applicant to subtract the roof area of the courtyard from the total roof area for the purposes of calculating the one tree for every 550 square feet of building coverage required for a residential development, and to allow the width of two garage doors in the interior of the development to be increased from the maximum of 18 feet to 20 feet. The Applicant must obtain approval of the landscape plan from the Director of Planning and Community Development. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by //--nn A� weT� City Attorney's Office �l(slrZ Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 7/31/2012 Vote for passage: AYES: Mims, Payne, "Ehrogmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration 8/21/2012 Vote for passage: AYES: Mims, Payne, Champion, Dickens, Hayek. NAYS: Dobyns, Throgmorton. ABSENT: None. Date published Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ -12- 00010) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2.7 ACRES OF LAND LOCATED ORTH OF BENTON STREET BETWEEN GEORGE AND STREB STREETS FROM MEDIUM - DENSITY SINGLE - FAMILY (RS- 8) ZONE TO OVERLAY PLANNED DEVELOPMENT MEDIUM - DENSITY MUL - FAMILY (OPD- RM -20) ZONE. (REZ12- 00010) WHEREAS, the applicant, Christian Retirement Services, has requestedA rezoning of property located north of Benton Street betwe n George and Streb Streets from Medium- nsity Single - Family Residential (RS -8) to Overlay Planned evelopment Medium - Density Multi -Fami Residential (OPD- RM -20) and approval of a preliminary OPD Ian; and WHEREAS, an amendmen to the Comprehensive Plan change he land -use designation map for the subject properties from single -fa ily /duplex residential to Medium -D sity Multi - Family Residential; and WHEREAS, the Comprehen ive Plan supports provision of g up living options for senior citizens, and the Southwest District Plan encou ges development of high -qu lity multi - family housing that is compatible with surrounding developments to meet the housing needs a variety of households, including elderly residents; and WHEREAS, the OPD zoning giv s the City the opp unity to review the design with the intent of assuring that the resulting developme is compatible wi the neighborhood and the overall goals of the Comprehensive Plan; and WHEREAS, the proposed developme t includes d ign features —such as a variety of building materials with balconies to create an articulated faga e, inclusi of a courtyard within the main building to provide an open space corridor, development of two uplexe on the east side of Streb Street that function as a transition and step -down between the main buil g and the RS -8 zone to the west —to the make the development compatible with the surrounding i borhood; and WHEREAS, the applicant is seeking waiv , as allowed by the OPD zoning, to allow the maximum overall height of the building to be increased fro 35 feet to 52 feet; and WHEREAS, the height increase is justifi d, ue to design features of the development, the need for housing for senior residents, and the provisi of o levels of interior parking; and rs WHEREAS, the applicant is seeking aiveo allow a variation in tree coverage standards for the courtyard area, since the courtyard functio s more a open space than as a rooftop; and WHEREAS, the applicant is see waivers t increase the width of two garage doors within the development from a maximum of 18 fe t to 20 feet, ich is reasonable given that they would be located in the interior of the development; and x WHEREAS, the applicant has agreed to dedicate a itional right -of -way to bring the north side of Benton Street up to current arterial street rigt, t -of -way standards shown on the OPD plan; and WHEREAS, the Planning 1he Zoning Commission s the reviewed the proposed rezoning and has recommended approval of the ing and the preliminary PD plan. NOW, THEREFORE, BE RDAINED BY THE Cl COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. ; property descri bed below I hereby reclassified from its current zoning designation of Medium - Density Single - Family Residential (RS- ) to Overlay Planned Developed Medium - Density Multi - Family Residen #ial (OPD- RM -20): LOT 11 AND LOT 12 0(GRANDVIEW MANOR (PLAT RECORDED IkPLAT BOOK 4, PAGE 430 AT THE JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON BOUNTY, IOWA; AND LOT 1, LOT 2, LOT 3, LOT 4, AND LOT 5 OF A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., (PLAT RECORDED IN PLAT BOOK 4, PAGE 315 AT THE JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA; AND LOT 24, LOT 25, LOT 26, LOT 27, LOT 28, LOT 29 AND LOT 30 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 1, LOT 2 AND LOT 3 OF A SUBDIVISION OF LOT 31 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT Ordinance No. Page 2 RECORDED IN PLAT BOOK 23 PAGE 42 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 24, LOT 25, LOT 26, LOT 27 AND LOT 28 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUTNY RECORDER'S OFFICE). SECTION II. VARIATIONS. To allow the development of 73 new dwell g units for the elderly the OPD- 20 Plan for the subject properties varies from the RS -20 dimensional requ ements. These variations include allowing a height increase from a m imum of 35 feet to /eea , allowi the applicant to subtract the roof area of the courtyard from the total ro f area for the purpoalcula ' g the one tree for every 550 square feet of building coverage required for residential developnd to Ilow the width of two garage doors in the interior of the development to be in reased from the m of 8 feet to 20 feet. SECTION III. ZONING MAP. Th Building Inspector eb authorized and directed to change the zoning map of the City of Iowa City, to a, to conform to dment upon the final passage, approval and publication o f this ordinance by law. SECTION IV. CERTIFICATION AN RECORDING. assage and approval of the Ordinance, the City Clerk is hereby authorized and direct d to certify a cois ordinance and to record the same, at the office of the County Recorder of Johnson ounty, Iowa, at er's expense, all as provided by law. SECTION V. REPEALER. All ordina ces and parts ances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any s invalid or unconstitutional, such adjudication section, provision or part thereof not adjudged SECTION VII. EFFECTIVE DATE. This C publication, as provided by law. MAYOR ATTEST: CITY CLERK pro vi on or part of the Ordinance shall be adjudged to be I not ffect the validity of the Ordinance as a whole or any slid r unconstitutional. is 7e shall be in effect after its final passage, approval and Se Prepared by: Andrew Bassman, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (VAC12- 00004) ORDINANCE NO. AN ORDINANCE VACATING THE PUBLIC RIGHT -OF -WAY OF SPRING STREET. WHEREAS, the applicant, Christian Retirement Services (Oaknoll), has requested that the City vacate the public right -of -way of Spring Street; and WHEREAS, the right -of -way to be vacated will be incorporated into a planned development expansion of Oaknoll Retirement Residence, and become a private drive providing vehicular access to two duplexes to be constructed, as well as a parking facility within the main building to be constructed as part of the planned development; and WHEREAS, at present Spring Street has the characteristics of an alley —no sidewalks, curbs or gutter, and provides additional rear access to two privately -owned residences; and WHEREAS, a public access easement will be retained for access to these two residences; and WHEREAS, the City will also retain a storm sewer and sanitary sewer easement over the vacated right - of -way; and WHEREAS, all infrastructure and utility improvements necessary for this project will be installed by Christian Retirement Services; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation and has recommended vacating the public right -of -way of Spring Street, subject to conditions mentioned above. 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 easements, the City of Iowa City hereby vacates the public right -of -way of Spring Street legally described as follows, subject to the retention of a public access easement and storm and sanitary sewer easement: LEGAL DESCRIPTION SPRING STREET LYING ADJACENT TO LOT 24, LOT 25, LOT 26, LOT 27 AND LOT 28 OF STREB'S SECOND ADDITION TO IOWA CITY (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUNTY RECORDER'S OFFICE). 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. MAYOR ATTEST: CITY CLERK Anproved by City Attorney's Office ®j t2 I IZ Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 7/31/2012 Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration 8/21/2012 Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Date published Prepared by: Andrew Bassman, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5234 (VAC12- 00004) •i9lT\ \• AN ORDINANCE VACATING THE PUBLIC RIGHT -OF -WAY OF SPRING�STREET. (VAC12- 00004) WHEREAS, the applicant, hristian Retirement Services ( Oaknoll), h requested that the City vacate the public right -of -way of Spring reet; and WHEREAS, the City will retain ecessary easements across the rig -of -way; and WHEREAS, the right -of -way to a vacated will be incorporated in a planned development expansion of Oaknoll Retirement Residence, and ecome a private drive providin vehicular access to two duplexes to be constructed as well as a parking fac 'ty within the main building o be constructed as part of the planned development; and WHEREAS, at present Spring Stre t has the characteris ' s of an alley —no sidewalks, curbs or gutter; and WHEREAS, the right -of -way will no ong( applicant removes the existing structures; d WHEREAS, a public access easem nt Spring Street and Oakcrest Street; and WHEREAS, all infrastructure and utility it Christian Retirement Services; WHEREAS, the Planning and Zoning Co recommended vacating the public right- of-way NOW, THEREFORE, BE IT ORDAINE IOWA: SECTION I. VACATION. Subject t/pnng r hereby vacates the public right -of -way of be nece0ary for vehicle or pedestrian access once the will be /established to allow access to the rear of 708 nts necessary for this project will be installed by Ihission has the reviewed the proposed vacation and has Spring Street, subject to conditions mentioned above. Y THE CITY COUNCIL OF THE CITY OF IOWA CITY, SPRING STREET LYING ADJACPT TO LOT 24, SECOND ADDITION TO IOW CITY (PLAT RI JOHNSON COUNTY RECORDVR'S OFFICE). -ION II. REPEALEF Ordinance are hereby repe SECTION III. SEVER invalid or unconstitutiona section, provision or part, i of any necessary easements, the City of Iowa City legally described as follows: F 25, LOT 26, LOT 27 AND LOT 28 OF STREB'S RDED IN PLAT BOOK 4, PAGE 401 AT THE All ordinances and parts btf ordinances in conflict with the provision of this ABILITY. If any section, provision r part of the Ordinance shall be adjudged to be such adjudication shall not affect e validity of the Ordinance as a whole or any ereof not adjudged invalid or uncon titutional. FIVE DATE. This Ordinance shall b in effect after its final passage, approval and publication, as providey[ by law. MAYOR ATTEST: CITY CLERK • n - tip -V 01) 08-21-IL L::� i5f Prepared by: Andrew Bassman, Planning Intern, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 12 -44s8 AN ORDINANCE AMENDING CERTAIN PARAGRAPHS WITHIN TITLE 14, ZONING CODE, ARTICLES 2A AND 2B, TO EXEMPT BLOCKS WITH THREE OR FEWER HOME LOTS FROM FRONT SETBACK AVERAGING. WHEREAS, one of the main purposes of establishing minimum front setback standards is to maintain a general consistency in the placement of homes along a street frontage; and WHEREAS, consistent placement of homes in relation to the street and to other homes on adjacent lots is one element that helps to define the character of a neighborhood; and WHEREAS, minimum setback standards have varied over time and some neighborhoods were intentionally built with deeper or shallower front yards, and the zoning code contains setback averaging provisions that allow or require variation from the current minimum setback standards in cases where a majority of homes along a frontage have been built with deeper or shallower setbacks; and WHEREAS, while setback averaging provisions are intended to allow new or infill development to respond to the general character that has already been established along a street frontage and have worked well in ensuring that homes are placed in a manner that reflects the neighborhood character, the averaging formula does not work for very short frontages that contain only a few lots; and WHEREAS, on such short block frontages, the construction of one or two homes is not sufficient to establish a general character for a neighborhood and yet with the current setback averaging provision the placement of just a couple homes could effectively establish a new and more restrictive setback requirement for the remaining property on the frontage with no real benefit; and WHEREAS, exempting frontages containing three or fewer lots from the setback averaging provisions would prevent these types of unintended consequences; and WHEREAS, from time to time, zoning ordinance provisions are reviewed to make sure they are still relevant and effective; and WHEREAS, the Planning and Zoning Commission has reviewed these minor corrections to the zoning code and recommend approval. 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. Deleting sub - subparagraph 14- 2A- 4B -3e(1) and in substituting in lieu thereof: Where at least 50 percent of the lots along a frontage have been developed and all of these developed lots are occupied by principal buildings that are located at least 5 feet further from the street than the required front setback, the required front setback along the frontage is increased to the equivalent of the setback of the building closest to the street. However, this averaging provision does not apply to frontages that contain three or fewer lots. B. Deleting sub - subparagraph 14- 213- 413-3e(1) and substituting in lieu thereof: Ordinance No. 12 -4488 Page 2 Where at least 50 percent of the lots along a frontage have been developed and all of these developed lots are occupied by principal buildings that are located at least 5 feet further from the street than the required front setback, the required front setback along the frontage is increased to the equivalent of the setback of the building closest to the street. However, this averaging provision does not apply to frontages that contain three or fewer lots. C. Deleting paragraph 14- 213-61 -1 and substituting in lieu thereof: The front setback for new buildings must not deviate more than 5 feet from the average setback of existing principal buildings along the same frontage. Alternatively, for frontages than contain more than six lots, the average may be calculated based on the principal building setbacks on the four closest lots along the same frontage to the lot containing the new building. However, a new building shall not be located closer to the street than the existing principal building that is closest to the street along the same frontage. This setback standard supersedes the setback standards of the base zone. Frontages that contain three or fewer lots are exempt from the provisions of this paragraph. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 21st day of August , 2012. &!O � MAYOR A p ATTEST: LI��ic�> 2 - Z112 - - CITY "RK !y�Attrney s ce Z �l� Ordinance No. 12 -4488 Page _3 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: X x X x x x x NAYS: First Consideration 7 Vote for passage: Payne. NAYS: Second Consideration _ Vote for passage: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, None. ABSENT: None. Date published 8/30/2012 Moved byMims, seconded by Payne, 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: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. 5g Z Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ09- 00003) ORDINANCE NO. 12 -4489 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4.29 ACRES OF LAND LOCATED ON WALDEN ROAD, WEST OF MORMON TREK BOULEVARD FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS -8) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS- 12) ZONE. (REZ09- 00003) WHEREAS, the applicant, Southgate Development Company, has requested a rezoning of Lot 79 of Walden Wood Subdivision, Part 7, located on Walden Road west of Mormon Trek Boulevard from Medium Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone; and WHEREAS, the Comprehensive Plan's guidelines for new neighborhoods encourages the development of compact neighborhoods in close proximity to services and amenities; WHEREAS, the Southwest District Plan identifies this property as appropriate for single family or duplex residential development, but also states that the property will require careful design due to its topographic conditions and the unusual shape and size of the property; WHEREAS, the applicant has proposed townhouse - style, attached single family dwellings and has proposed clustering the dwellings along Mormon Trek Boulevard and Walden Road in order to provide dwellings that have a residential presence along the street frontages on this property that is unusually shaped with limited street frontage; and WHEREAS, the proposed lot layout allows vehicle access to all the dwelling units via a rear drive from Walden Road, making it unnecessary for additional access from Mormon Trek Boulevard, an arterial street; and . WHEREAS, storm water run -off from this sloping site has caused drainage problems for adjacent properties to the south and the proposed concept plan for clustering the dwelling units along the street frontages will provide more room on the site for appropriate storm water detention facilities that will improve drainage; and WHEREAS, there is limited on- street parking on adjacent streets that may not be adequate to meet the needs for visitor parking for the increased density allowed by this rezoning unless additional visitor parking is provided on site; WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that any future subdivision plat substantially complies with the proposed lot layout with townhouse style, attached single family dwellings that present an attractive residential appearance along the street frontages, a rear drive with access limited to Walden Road, adequate on -site visitor parking to prevent congestion along neighboring streets; and storm water management that meets City standards; and WHEREAS, Iowa Code Section 414.5 (2011) 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 rezoning request; and WHEREAS, the applicantlowner acknowledges that certain conditions and restrictions are reasonable to ensure that development of this property complies with the Comprehensive Plan and addresses concerns regarding residential clustering, storm water management, vehicular access, and adequate off - street parking. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property legally described as Lot 79, Walden Wood Part 7, is hereby reclassified from its current zoning designation of Medium Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Ordinance No. 12 -4489 Page 2 SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 21st day of August , 2012. ATTEST: 9 • Qom/ C CLERK Ordinance No. 12 -4489 Page 3 It was moved by Champion and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton that the First Consideration 7/10/2012 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration 7/31/2012 Voteforpassage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Date published 8/30[2012 Prepared by: Andrew Bassman, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356.5230 (RFZ09- 00003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City'j, and Walden Wood Lot 79 LLC (hereinafter "Owner). WHEREAS, Owner is the legal title holder of approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard; and WHEREAS, the Owner has requested rezoning of said property from Medium - Density Single - Family Residential (RS -8) zone to High - Density Single- Family Residential (RS -12) zone; and WHEREAS, the applicant has proposed townhouse - style, attached single family dwellings and has proposed clustering the dwellings along Mormon Trek Boulevard and Walden Road in order to provide dwellings that have a residential presence along the street frontages on this property that is unusually shaped with limited street frontage; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that any future subdivision plat substantially complies with the proposed lot layout with townhouse style, attached single - family dwellings that present an attractive residential appearance along the street frontages, a rear drive with access limited to Walden Road, adequate on -site visitor parking to prevent congestion along neighboring streets; and storm water management that meets approval of the City Engineer; and WHEREAS, Iowa Code §414.5, as amended, 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 Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the Southwest District Plan; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Southgate Development Company is the legal titleholder of the property legally described as LOT 79, WALDEN WOOD PART 7 IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; SAID PARCEL CONTAINING 4.29 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge that Iowa Code §414.5, as amended, 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. 3. Inconsideration of the City's rezoning the subject property, Owner agree(s) that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. At the time of development, the storm water management system will be designed and constructed In accordance with the design approved by the City Engineer, , including the required detention and outlet criteria. b. At the time of development, the storm water management system will be designed in a manner that will not exacerbate storm water drainage issues on adjacent properties. c. Development will be in general compliance with the submitted concept plan regarding site layout, lot configuration, and building orientation. d. Vehicular access to all of the units shall be from a rear lane that connects to Walden Road. e. No direct vehicular access shall be allowed from Mormon Trek Boulevard. f. At the time of development, a minimum of six visitor parking spaces will be provided along the rear lane near the units that front on Mormon Trek Boulevard and each dwelling unit shall include a 2-car garage located behind the unit with access provided from the rear lane. 7. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5, as amended, and that said conditions satisfy public needs that are caused by the requested zoning change. 8. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 9. 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 2 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. 10. The Owner acknowledge(s) 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. 11. 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. x'l Aut�sT- Dated this al � day of JWy, 2012. CITY OF IOWA CITY WALDEN WOOD LOT 79 LLC �'�, A Matthew Hayek, Mayor Attest: / Maria Karr, City Clerk . Y Y's : - STATE OF IOWA ) ) SS: JOHNSON COUNTY j By:Southgate Development Services, L.L.C. B : J seph T. Braverman, Presiden Sr On this dl � day of Augasf— , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation 3 executing the within and foregoing instrument; that the seal affiked thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporati I 1 tartly executed. o SONDRAE FORT Commission Number 159791 ��^^ My Commission Expires SancLncte Fr�rl� '- Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the 4 day of July, 2012 by Joseph T. Braverman, President of Southgate Development Se ices, L.L.C., Manager of Walden Wood Lot 79 LLC. Notary Public in and for said County and State 4 !© Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "POLICE REGULATIONS," CHAPTER. 5, ENTITLED "MISCELLANEOUS OFFENSES," TO PROVIDE THAT "KEEPING A DISORDERLY HOUSE" IS A MUNICIPAL INFRACTION AND TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED "HOUSING CODE," TO ADD ANOTHER BASIS FOR A RENTAL PERMIT SANCTION. WHEREAS, loud parties greatly impact the peaceful enjoyment of neighboring residents; WHEREAS, when police officers respond to complaints for loud parties, their primary goal is to restore order; WHEREAS, when the occupants open the door for the police and assist the officers with restoring order, the officers often give a warning rather than issue a criminal complaint; WHEREAS, if order cannot be restored and a criminal complaint is necessary, that citation is issued to the tenants or owners who are responsible; WHEREAS, when the police knock on the door of the residence and the occupants do not open the door, it is more difficult to restore order and a criminal complaint against the individual responsible is not a feasible option; and WHEREAS, it is in the best interest of the City to establish civil sanctions when the occupants do not answer the door and assist with restoring order. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 5, entitled "Keeping Disorderly House," is amended by adding a new Subsection C. Any violation of this section shall be considered a simple misdemeanor or a municipal infraction punishable by a civil penalty of $750.00 for first offense and $1,000.00 for second and subsequent offenses. 2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled "Certificate of Compliance and Rental Permit," Subsection C is amended by adding the following new Paragraph 8c: On two (2) or more separate occasions within a twelve (12) month period of time, there is a founded complaint against a tenant. "Founded complaint" means the issuance of a municipal infraction against a tenant for violation of Section 8 -5 -5, "Keeping a Disorderly House," of this Code or evidence sufficient to issue a criminal complaint for violation of Section 8 -5 -5, "Keeping a Disorderly House," of this Code had a police officer been able to identify a tenant who was present. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12012. MAYOR ATTEST: CITY CLERK City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 8/21/2012 Vote for passage- AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, :Payne. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Marian Karr From: Kaleb Hays <kaleb.hays @g mail. com> Sent: Wednesday, August 22, 2012 9:20 PM To: Council Subject: new ordinance Just curious as to how staff would issue civil citations if no one answers the door and the police do not actually confront any member of the house. I think the council's attempt to make it easier to issue disorderly house infractions is simply out of greed and in response to the recent "party school" rankings. These problems of underage drinking did not seem to be solved with the 21 ordinance and now you are resorting disorderly house tickets. Quit infringing on more freedoms of residents of this city. Thanks Kaleb Hays . x_41 CITY OF IOWA CITY MEMORANDUM Date: 8/14/12 To: City Council From: Douglas Boothroy, Director of Housing and Inspection Services Re: Enforcement of the Nuisance Rental Property Regulations Staff proposes amending the City Code to allow in addition to "Criminal Complaints" the use of "Municipal Infractions" and /or "Founded Complaints" and any combination of these actions to start the enforcement of the Nuisance Rental Property Regulations. This amendment meets the Council's strategic goals for neighborhood stabilization by adding enforcement options that should improve the effectiveness of the Nuisance Rental Property Regulations in reducing Disorderly House behavior. BACKGROUND Enforcement of the Nuisance Rental Property Regulations began in September 2003. These regulations were adopted in response to recommendations from the Neighborhood Task Force. The purpose of Nuisance Rental Property Regulations was to eliminate chronic code violations (e.g., Disorderly House) occurring in rental property by providing a process for abatement and holding responsible the tenants, property owners, and /or other parties involved. The effectiveness of the regulations has been largely attributable to an emphasis on early intervention (i.e., after first violation, notice provided to tenants and landlords), mandatory code compliance settlement meeting (i.e., after second violation, involvement of all relevant parties in a code compliance settlement meeting to develop corrective actions to avoid future problems), and increased penalties and fines. These regulations have "gotten the attention" of those involved in criminal behavior in rental property and the early intervention on part of both the City and the landlord /property owners has played an important role in reducing reoccurring problems. Under the current code early intervention to enforce the Nuisance Rental Property Regulations is only triggered by issuing a Criminal Complaint. Therefore, when tenants at a loud party cannot be identified because they refuse to "open the door" to police then a Criminal Complaint cannot be issued and effective enforcement cannot begin. This is an enforcement loophole tenants have increasingly used for a reported disorderly house. The option for police to obtain a warrant to enter the premises is not practical. It would entail posting two officers(possibly for 2 -3 hours) at the "party house" to ensure the occupants do not leave the premises. A third officer would need to prepare the warrant application, wake up the Assistant County Attorney to sign off, and then wake up a judge to get the warrant signed. In recent months, neighborhood groups have expressed their frustration concerning this enforcement issue. The proposed code amendment closes this loophole by allowing early intervention to start when police have determined there is a "Founded Complaint." The amendment defines "Founded Complaint" to mean issuance of a municipal infraction ($750 first offense, $1000 second offense) against the tenant (s) for "Keeping a Disorderly House" or evidence sufficient, as determined by the police, to issue a criminal complaint had the police officer been able to identify the tenant(s) present. RECOMMENDATION The Police and Housing Inspection Departments recommend that Council adopt the proposed amendments which we believe will improve the enforcement of the Nuisance Rental Property Regulations. The amendment would allow "Criminal Complaint" as well as "Municipal Infractions" and /or "Founded Complaint" to trigger early intervention. In addition, the amendment provides for a municipal infraction penalty for disorderly house of $750 first offense and $1000 second offense. The establishment of a "Municipal Infraction" fine and the use of "Founded Complaint" should have real consequences and help reduce chronic disorderly house behavior in Iowa City neighborhoods. DB/ats/3982691 L08-21-12 77 Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 3, CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS, SUBSECTION B TO ALLOW FOR POSSESSION AND CONSUMPTION IN CERTAIN PARK BUILDINGS, PURSUANT TO ADMINISTRATIVE RULE; AND SUBSECTION C TO ALLOW FOR ALCOHOL POSSESSION AND CONSUMPTION IN CITY BUILDINGS PURSUANT TO ADMINISTRATIVE RULE. WHEREAS, several City departments are supported by charitable foundations, such as the Iowa City Public Library Friends Foundation, and the Friends of the Center; and WHEREAS, those foundations wish to hold fundraising events in the buildings they support, and wish to allow for the service of alcoholic beverages in these controlled environments; and WHEREAS, current Iowa City Code prevents the possession and consumption of alcoholic beverages in any City buildings; and WHEREAS, the City will soon be opening two structures, the Ned Ashton House and the Lodge at the Terry Trueblood Recreation Area, which would be appropriate for regulated consumption of alcoholic beverages by members of the public renting these structures; and WHEREAS, City staff does not presently support the expansion of alcoholic beverage use outside these structures in City parks; and WHEREAS, City staff wish to regulate the use of alcohol through administrative rules and a permitting process; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, .BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 3, CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS, SUBSECTION B, is hereby amended by deleting it in its entirety and replacing it with the following language: B. A person shall not consume or possess an alcoholic beverage in a city park, except if said person has purchased said alcoholic beverage from an "authorized entity ", and is on an "authorized site ", as those terms are defined in this section', or is doing so pursuant to a permit issued by City staff. Any permit issued will abide by and incorporate administrative rules approved by the City Manager. This subsection shall not apply to the farmers' market or property within a city park that is leased to another entity for ninety -nine (99) years or more. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 3, CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS, SUBSECTION C, is hereby amended by deleting it in its entirety and replacing it with the following language: C. A person shall not use or consume any alcoholic beverages in any city building, except a city building covered by a valid license or permit. Any permit issued will abide by and incorporate administrative rules approved by the City Manager. SECTION Il. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. ' See also subsection 10 -9 -2F of this code. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of 2012. MAYOR ATTEST: CITY CLERK Approved by xf City Attorney's Office Ordinance No. Page It was moved by and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 7/31/2012 Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration 8/21/2012 Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Date published I(;-- Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10, ENTITLED USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO REGULATE SIDEWALK CAFES AND OUTDOOR SERVICE AREAS PRIMARILY BY POLICY AND ADMINISTRATIVE RULES. WHEREAS, sidewalk cafes are a use of the public right of way in the CB2, C65, and CB10 zones that require a temporary easement agreement; and WHEREAS, the City should streamline the process to obtain an easement agreement and regulate sidewalk cafes by means of Council adopted policy and administrative rules; and WHEREAS, it is in the City's interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafas," is eliminated in its entirety and the following new Section 3 is substituted in lieu thereof: A. Sidewalk cafes are permitted in the public right of way only in the CB -2, CB -5 and CB -10 zones (the downtown and the commercial areas directly north and south of the downtown). B. No person shall operate a sidewalk cafa without executing an easement agreement. C. Each sidewalk cafa applicant shall file an application for an easement agreement with the Public Works Department, on forms provided by the City. D. The City Manager, or designee, shall either grant or deny the application within thirty (30) days of the application being filed. If the application is granted, the City Manager, or designee, is authorized to enter into a public right of way easement agreement. If the application is denied, the applicant may appeal to the City Council by filing a written appeal with the City Council, and the appeals process shall be the same as provided for mobile vendors in this chapter. The City retains the right to limit the number of sidewalk cafes. E. After execution of an easement agreement, the City Manager, or designee, shall retain the right to terminate the easement agreement but only after written notice of violation has been given and the time to cure the violation has expired. Grounds for termination of the easement agreement shall include, but not be limited to, repeated violations of the state and liquor control laws, violations of the easement agreement, and creating a safety hazard, health hazard and /or public nuisance under state or local law. Additionally, the City Manager, or designee, retains the right to terminate the easement agreement and direct removal of sidewalk cafe operations if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The cafe owner has the right to appeal a decision to terminate the agreement to the City Council. The appeals process shall be the same as provided for mobile vendors in this chapter. F. The easement agreement, at a minimum, shall require the cafe operator to provide a certificate of insurance satisfactory to the City, and shall agree to hold the City harmless against any and all liability arising from or relating to the operation of the sidewalk cafe or the location of the cafe on the public right of way including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a cafe. G. Sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. H. Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed. I. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at all times during the hours alcohol is consumed and shall dispense any alcoholic beverage under state and local law. Amplified sound equipment shall not be permitted K. The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and local laws and regulations. L. All fees for the operation of a sidewalk cafe shall be set by resolution. M. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance or policy adopted by the City Council. A copy of the policy and rules shall be on file with the City Clerk and available of the City website SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. 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 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 2012. MAYOR ATTEST: CITY CLERK Approved by cc—d1 -1' City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 7/31/2012 Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration 8/21/2012 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmor ton, Champion, Dickens. NAYS: None. ABSENT: None. Date published Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10, ENTITLED USE F PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SID ALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO REGULATE SIDEWA CAFES PRIMARILY BY POLICY AND ADMINISTRATIVE RULES. WHEREAS, sidewalk afes are a use of the public rig of way in the CB2, CBS, and CB10 zones that require a temporary ease nt agreement; and WHEREAS, the City sh uld streamline the proces to obtain an easement agreement and regulate sidewalk cafes by means of uncil adopted policy and dministrative rules; and WHEREAS, it is in the Ci 's interest adopt this a endrl NOW, THEREFORE, BE I ORDAINED BY TH CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENT 1. Title 10, entitled "Use o Public Ways d Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Us for Sidewalk af6s," is eliminated in its entirety and the following new Section 3 is substituted in lieu there f: A. Sidewalk cafes are p rmifted)fi the public right of way only in the CB -2, CB -5 and CB -10 zones (the downtown and the comme ial ar s directly north and south of the downtown). B. No person shall operate idewalk caf6 without executing an easement agreement. C. Each sidewalk caf6 appl' nt shall file an application for an easement agreement with the Public Works Department, on forms pro id d by the City. D. The City Manager, or esign e, shall either grant or deny the application within thirty (30) days of the application being filed. If the plication is granted, the City Manager, or designee, is authorized to enter into a public right of wa easement agreement. If the application is denied, the applicant may appeal to the City uncil by filin a written appeal with the City Council, and the appeals process shall be the same as pr ided for mobi vendors in this chapter. The City retains the right to limit the number of sidewalk cafe . E. After executio of an easement ag ement, the City Manager, or designee, shall retain the right to terminate the eas ment agreement but ly after written notice of violation has been given and the time to cure the viol tion has expired. Ground for termination of the easement agreement shall include, but not be limited , repeated violations of th state and liquor control laws, violations of the easement agreement, and reating a safety hazard, heal hazard and /or public nuisance under state or local law. Additionally, t City Manager, or designee, tains the right to terminate the easement agreement and direct re oval of sidewalk cafe operations i there is a substantial and reasonable need for use of the public rig t of way for a valid public purpose. The cafe owner has the right to appeal a decision to terminate t e agreement to the City Council. Th appeals process shall be the same as provided for mobile ve dors in this chapter. F. The asement agreement, at a minimum, shall re ire the caf6 operator to provide a certificate of insura ce satisfactory to the City, and shall agree to hol he City harmless against any and all liability arising f om or relating to the operation of the sidewalk cafe the location of the cafe on the public right of way including, but not limited to, all claims arising from occu ,ences or accidents within the sidewalk cafe area, including the walkway through a cafe. G. Sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. H. Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed. I. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at all times during the hours alcohol is consumed and dispense any alcoholic beverage must do so under state and local law. J. Amplified sound equipment shall not be permitted K. The operation of any sidewalk cafe shall be in conformity with all applica a federal, state, and local laws and regulations. L. All fees for the operation of a sidewalk cafe shall be set by resolution. M. The City Manager is authori d to establish administrative rules n inconsistent with any ordinance or policy adopted by the City Coun fl. A copy of the policy and rule shall be on file with the City Clerk and available of the City website. SECTION II. REPEALER. All ordinances a d parts of ordinances in c flict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATIO The violation of a provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part f the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication sh I not affect th validity of the Ordinance as a whole or any section, provision or part thereof not adjudged in alid or unco stitutional. SECTION IV. EFFECTIVE DATE. This Ordin nce shall a in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of I / 2012. MAYOR ATTEST: CITY CLERK Approved by �- d 6 �� City Attorney's Office , ---.r. ®fir CITY OF IOWA CITY 12 mcR -T. MEMORANDUM Date: August 15, 2012 To: Tom Markus, City Manager From: Rick Fosse, Public Works Director �r RE: Sidewalk Cafe Code Revisions Introduction The August 21, 2012 Council agenda contains two items related to Sidewalk Cafes. The first item is the second reading of an ordinance that will provide that cafes will be regulated primarily by a policy adopted by City Council. The second item is a resolution that adopts the policy. Approval of the resolution is contingent upon approval of the third and final reading of the ordinance. Staff has included the resolution on this agenda to be prepared for a possible collapse of the second and third readings of the ordinance. History /Background Sidewalk cafes for establishments without liquor licenses were first permitted in Iowa City in 1985. In 1995, an ordinance was passed allowing cafes to serve alcohol, and because of the debate and concern expressed during the public process, the ordinance contained fairly strict parameters. Since that time sidewalk cafes have thrived in our downtown with few negative impacts. Over the years as our comfort level with sidewalk cafes has increased and as restaurants have desired to be more creative in their use of outdoor dining, a number of ordinance changes have been implemented. Since the parameters governing sidewalk cafes are established by ordinance, it is a lengthy process to change. Discussion of Solution The two agenda items tonight will change the regulatory mechanism from an ordinance to a Council adopted policy. The changes will also enable sidewalk cafes in two new areas: parking stalls within CB -2, CB -5 and CB -10 zones and within planters outside of the city plaza. This change from ordinance to resolution will enable quicker modifications in the future (one reading verses three). With the exception of the change allowing cafes in planters outside of City Plaza and the provision for cafes in the street, the proposed policy is not substantially different than the current ordinance. Financial Impact The financial impact of this change will be revenue neutral. There are no proposed fee increases at this time, but two new fees are being established for the use of electricity and for cafes on the street. However, we expect that increased fees will be proposed during the budget process and the fees charged for use of parking spaces will be subject to future changes in parking rates. Recommendation Staff recommends approval of both agenda items, with special attention to the parameters established in the resolution related to the two new opportunities outlined above. Staff knows of two restaurants who desire collapsing the second and third readings of the ordinance so that they can proceed as soon as possible. r., August 7, 2012 j a Iowa City City Council: write this letter to express my opposition to the "street cafe" concept.,_ r7 First of all, it needs to be stated that we have a great downtown that is only matched in a few cis around the Midwest. I do not feel we need to give up public parking spots to private businesses-6 enhance downtown; in fact I believe this action only enhances the business that is awarded the street cafe, while detracting from the neighboring businesses. In the reporting that I have seen, and in the ways I can imagine this concept would be implemented, I cannot see a way that it can be done without favoring one business over another. There is a limited supply of parking spaces. With limited spaces to potentially use, there is no way to allow each business to have a "street cafe ". The city should not be a part of subjectively awarding these cafes, when every business cannot be given the same opportunity. It is fundamentally wrong for the city to favor one business over another. Favoring one business over another is the only way to award street cafes, therefore we should not have street cafes downtown. Another point is the importance of storefront visibility to each and every business. Every retailer values and needs its visibility to be successful. In this initial case, the proposed cafe extends from 9 feet out from the building to 25 feet out, ending in the street. This dramatically impacts the visibility of many businesses on the block, not just the neighbors, as the cafe is not adjacent to the building. Extending out so far from the building changes site lines to multiple businesses from many different places on the street. A street cafe will be a dramatically visible element on any block, providing a tremendous marketing advantage for the business that has one. At the same time, each cafe will block the visibility of the other businesses on the block. No other business on the block wants what is essentially a parade float parked on its street. When this harm to neighboring businesses and the extra benefit for the business with the cafe is taken into consideration, we come back to the fundamental unfairness of the city choosing to give an advantage to one business over another. Street cafes will give a marketing and visibility advantage to the businesses that have them that will come at the expense of neighboring businesses losing their market! ng/visibil ity. I have heard many concerns about safety, lack of existing parking, consistent implementation, the right for all businesses on a block to get a chance to apply, the right for all neighbors to approve or disapprove, etc.. I also share those concerns and believe they need to be considered. Hypothetically, please imagine yourself as a small business owner scraping together money from friends and family to open a business in downtown Iowa City. After more than a year planning and constructing your location and another couple years working towards profitability, you are surprised to find out that the city has awarded a street cafe that takes up 2 public parking spots on your street and blocks your visibility from the main direction that traffic passes. How would you feel? I strongly believe the city of Iowa City should play no role in creating the hypothetical situation I have described above. Sincerely, Rodney L Anderson Panchero's Mexican Grill Marian Karr From: Karen Kubby <kubby @pobox.com> Sent: Thursday, August 09, 2012 9:20 AM To: Council Subject: outdoor cafes Attachments: City Council -- outdoor cafe 8- 12.pdf City Council, Please accept this feedback from the Iowa City Downtown District's Infrastructure and Parking Committee regarding your current discussion on outdoor cafe policy changes. Karen Kubby President ICDD Board of Directors Beadology Iowa Jewelry, Beads, Instruction 220 E. Washington Street Iowa City, IA 52240 (319) 338 -1566 ph (319) 688 -2847 fax www.beadoloeyiowa.com City Council 410 E. Washington St. Iowa City, IA 52240 August 7, 2012 Dear City Council, The Iowa City Downtown District (ICDD) does not yet have a process by which the Board will take a stand on a downtown issues not initiated by the ICDD. We know the council has discussed new policies around outdoor cafes. The Board has not talked about these issues and therefore does not have an organizational stand on it at this time. However, the Infrastructure and Parking Committee has discussed this in depth. Their statement is attached. We are grateful that the city is interested in our thoughts about changes in the downtown and will continue to work with you closely on improving this already vital and energetic commercial district. In peace, Karen Kubby President Iowa City Downtown District 14 %2 S. Clinton St. Iowa City, IA 52240 The Iowa City Downtown District's Infrastructure and Parking Committee sees great potential in the current proposal to allow restaurants to build sidewalk cafe extensions of their existing operation in on- street parking spaces downtown. It is felt that this idea could be visually attractive and exciting, provide a noteworthy and promotable attraction downtown, enhance revenue for not only the business it represents but surrounding businesses as well, and augment the concept of downtown Iowa City as an ever - changing, stimulating place geared toward continually enhanced enjoyment of its users while providing additional employment that could easily become downtown shoppers before and after work. The ICDD Infrastructure Committee acknowledges that this proposal occurs at great financial expense to the business owner coupled with fairly substantial risks. It is subject to the whims of Mother Nature and human nature, a frightening prospect to be sure. It is possible that the neighbors of these parking place eateries, downtown devotees and/or the general public may decry the loss of treasured and convenient parking places and claim favoritism for those businesses with the heavy resources required for such a gamble. And the committee wants to recognize and acknowledge that not every business may enjoy such a neighbor or such a situation that risks encroaching on their sacred idea of their own mission and their ability to carry it out. We think, however, that the overall good of downtown and its constituency is served by this business risk. It is felt by this committee that neighboring businesses who perceive they might be adversely affected by the presence of the cafe and/or the parking places it converts to alternative use could equally likely benefit from the increased exposure of surrounding businesses to a good number of people who must necessarily look at the businesses during their tenure at the cafe, the increase in traffic, visual stimulation and simple curiosity this new idea could generate. It seems possible that everyone could win, particularly those who loyally and faithfully support their local businesses situated downtown. So that this idea is implemented responsibly, the committee hopes that such a business would be subject to annual review as are the sidewalk cafes currently in the pedestrian mall and other areas where the width of the sidewalk allows their cafe to contiguously extend their business outside. We also hope that the neighbors are informed and have the opportunity to express their views to the city council in the same fashion their more traditional predecessors were required. Finally, the committee hopes that the proposed design of these cafes is appropriately scrutinized and must pass the at least the same requirements in place for other similar entities currently, as well as additional requirements the city may see fit to impose in order to accommodate issues such as proximity to the street, aesthetic incorporation into the streetscape and hopefully insists on a high but achievable aesthetic and quality standard for these ventures. They exist as much to promote downtown life as their own businesses. For the reasons stated, the Infrastructure and Parking Committee of the ICDD endorses the concept of the parking place cafe, and believes in the City of Iowa City's ability to make a policy that will ensure the success of the cafes, the enhancement of our business district and the enjoyment of our community as a whole. Respectfully submitted, William Nusser, Chair Iowa City Downtown District 141/2S. Clinton St. Iowa City, IA 52240