HomeMy WebLinkAbout2007-09-04 Ordinance
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Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO.
AN ORDINANCE VACATING COURT STREET WEST OF MADISON STREET AND FRONT
STREET SOUTH OF BURLINGTON STREET (VAC07-00004).
WHEREAS, the applicant, The University of Iowa, has requested a vacation of Court Street west of
Madison Street and Front Street south of Burlington Street.
WHEREAS, the Planning and Zoning Commission has found that the portions of Court Street and Front
Street in question serve no public purpose, other than for underground utilities, and are not likely.to do so in
the future; and
WHEREAS; the Planning and, Zoning Commission has recommended approval of the requested
vacation, subject to retention of any necessary utility easements; and
WHEREAS; the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The property described below is hereby vacated by the City of Iowa City, subject to retention
of utility easements:
That part of Front Street lying South of the Southerly right-of-way line of Burlington Street and North
of the Northerly right-of-way line of Harrison Street, located in Iowa City, Johnson County, Iowa
except that part previously vacated as shown on the plat of survey recorded in Plat Book 42, Page
113 at the Johnson County Recorder's Office and containing 60,071 square feet more or less.
And
That part of Court Street lying West of the Westerly right-of-way line of Madison Street and East of
the Easterly right-of-way line of Front Street, located in Iowa City, Johnson County, Iowa and
containing 25,600 square feet more or less.
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Ordinance are hereby repealed.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 , 20_
MAYOR
ATTEST:
CITY CLERK
Ppdadmin/ord/vac07 -O0004.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Considera.tion 9 /4 / 2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Adam Ralston, Planning Intern
Item: VAC07-00004
Portions of Court St and Front Street
Date: July 12, 2007
GENERAL INFORMATION:
Applicant:
George Hollins
University of Iowa Business Manager's Office
305 PCO
Iowa City, IA 52242
Phone:
(319) 335-0126
Contact Person:
Dennis Gritsch
Requested Action:
Street vacation
Purpose:
To facilitate redevelopment by the University of Iowa
for a new recreation center.
Location:
Front Street between Burlington Street and Harrison
Street and Court Street between Front Street and
Madison Street
Surrounding Land Use and Zoning:
North: University of Iowa
South: University of Iowa
East: University of Iowa
West: University of Iowa
(P-2)
(P-2)
(P-2)
(P-2)
File Date:
June 14, 2007
BACKGROUND INFORMATION:
The University of Iowa currently owns all property between Burlington Street, Madison Street,
Front Street, and Harrison Street. The University has plans to construct a new recreation center
on the block immediately south of Burlington Street and west of Madison Street. The University
has requested this street right-of-way vacation to help facilitate this development.
There have been other vacation requests approved in nearby areas (these are shown on the
attached map). Item VAC02-00004, considered in 2002, vacated the 100 block of Harrison Street
and the east half of the 100 block of Prentiss Street to facilitate development for the University of
Iowa. At issue with this item was public access to the Iowa River, a point identified in the Near
Southside Plan, adopted in December 1995. The Planning and Zoning Commission passed a
motion to approve the request while asking that an easement for public access be created for the
vacated areas of Harrison and Prentiss Streets. The City Council ultimately passed an ordinance
approving this vacation with a public access easement in place.
Another item that has affected this area is item VAC02-00002, also considered in 2002. This
application was brought forward by the CRANDIC Railway Company as a means to clear title on a
2
land sale between CRANDIC and the University of Iowa. This application resulted in passage of
an ordinance vacating four small parcels of land, now owned by the University.
ANAL YSIS:
Requests for vacation of public streets are reviewed with regard to the following factors: 1)
impact on pedestrian and vehicular access and circulation; 2) impact on emergency and utility
vehicle access and circulation; 3) impact on access to adjacent private properties; 4) desirability
of right-of-way for future access or circulation needs; 5) location of utilities and other easements
or restrictions on the property; 6) potential use of the property for a public use, such as
parkland; and 7) any other relevant factors pertaining to the specific requested vacation.
Impact on pedestrian and vehicular access, as well as emergency and utility vehicle access, will
be negligible. An observation of the area showed that Front Street and the 100 block of Court
Street are used only as service drives for University buildings while Burlington Street and Madison
Street are used for general circulation. The portion of Front Street between Court Street and
Harrison Street has been fenced and gated by the University. This indicates that Front Street is
not needed for general pedestrian or vehicular circulation. There will be no impact on access to
adjacent private properties since all surrounding property is owned by the University. It is unlikely
that these portions of Front Street and Court Street would be desirable for future circulation needs
or for another public use.
The Near Southside Design Plan adopted in December 1995 proposes a "green link" from the
courthouse/post office area west towards the river. Vacating the 100 block of Court Street should
not impede this goal for two reasons. First, the plan looks to Harrison Street as more appropriate
street to accomplish this objective. Court Street would be a less desirable "green link" route as it
terminates at the southern end of the University power plant building. Second, the ordinance
passing item VAC02-00004 retained an easement for public access over Harrison Street. With
access to the river via Harrison Street, public access via Court Street becomes unnecessary.
The Near Southside Design Plan also foresaw redevelopment by the University for the two square
blocks bordered by Burlington, Madison, Harrison, and Front Streets. It has the northern half of
this area projected as a "potential University parking ramp" while the southern half was projected
as "potential university development." Although the University now has plans to place a recreation
center on this property, the Near Southside Design Plan shows that redevelopment was expected.
Private utilities have been contacted and asked to identify any utilities currently on-site.
MidAmerican Energy has indicated that it has utilities in the area. Easements will need to be
retained for these utilities, and other utilities that may exist, should these streets be vacated.
Alternatively, the utilities would need to be relocated.
It should be noted that the City would no longer assume responsibility for maintenance of street
right-of-way should these streets be vacated. This would include street, sidewalk, and signage
maintenance.
STAFF RECOMMENDATION:
Staff recommends that VAC07-00004, a request to vacate Front Street between Burlington Street
and Harrison Street as well as Court Street between Front Street and Madison Street, be
approved subject to the retention of any necessary utility easements.
3
ATTACHMENTS:
Location Map
Location Map (showing VAC02-00002 and VAC02-00004)
Aerial Photo
Approved by: /Zz~'"
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Previously vacated portions of Front,
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Prepared by: Doug Ongie, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO.
AN ORDINANCE VACATING 102 FEET OF THE 20-FOOT WIDE NORTH-SOUTH ALLEY RIGHT-OF-
WAY LOCATED IN BLOCK 102 SOUTH OF BURLINGTON STREET AND EAST OF CLINTON
STREET (VAC07-00005).
WHEREAS, the applicant, Hieronymus Square Associates, has requested the vacation of a portion of
the north-south alley in Block 102 located south of Burlington Street and east of Clinton Street; and
WHEREAS, a public access easement will be retained to allow vehicles to enter from Clinton Street and
exit on to Court Street; and
WHEREAS, necessary utility easements will be obtained, otherwise the utilities will need to be relocated;
and
WHEREAS, the applicant will be responsible for maintenance along the access easement and snow
removal from the southern 96-feet of the remaining north-south alley; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the requested
vacation, subject to the retention of a public access and utility easements and maintenance requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The property described below is hereby vacated by the City of Iowa City, subject to retention
of a public access and utility easements:
Beginning at the Southeast corner of the vacated North 182 feet of the alley in Block 102, thence South
102 feet, thence West 20 feet, thence North 102 feet, thence East 20 feet to the point of beginning,
containing approximately .05 acres (2,040 square feet) and subject to easements and restrictions of
record.
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 , 20_.
MAYOR
ATTEST:
CITY CLERK
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 9/4/2007
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Doug Ongie, Planning Intern
Item: VAC07-00005
Date: August 16, 2007
GENERAL INFORMATION:
Applicant:
Hieronymus Square Associates
Contact Person:
Kevin Digmann
Phone:
(319) 631-0548
Requested Action:
Vacation of an alley right-of-way
Purpose:
To allow for the construction of an underground
parking structure and continuous vehicular
circulation within Block 102
Location:
North-south alley on Block 102 of the Original Town
of Iowa City, 96 feet north of the Court Street right-
of-way and 182 feet south of the Burlington Street
right of way
Size: .
Approximately 2040 square feet of right-of-way
Surrounding Land Use and Zoning:
North:
South:
East:
West:
Undeveloped Commercial - CB-10
Commercial/Residential - CB-5
Public/Commercial - P/CB-5
Commercial - CB-5
File Date:
August 8, 2007
BACKGROUND INFORMATION:
The applicant, Hieronymus Square Associates, is requesting that 102 feet of the alley right-of-way
located on Block 102 be vacated to allow an underground parking structure below the proposed
Hieronymus Square, a 13-story commercial and residential development.
There have been two alley vacations approved by the City Council on Block 102. The first item,
VAC01-00004, was approved by the City Council on April 2, 2002. The Council approved the
vacation of the northern 182 feet of the 20-foot wide alley to facilitate redevelopment of Block 102.
The vacation required an acceptable 20-foot wide access from the north-south alley to Clinton
Street to be dedicated to the City at a later date.
Item VAC06-00005, approved by the City Council on October 3, 2006, allowed for the relocation
and vacation of the east-west alley to accommodate the construction of Hieronymus Square. The
vacation was approved subject to the dedication of a public access easement to provide
continuous vehicular circulation, which fulfills the 20-foot access requirement from VAC01-00004.
2
ANAL YSIS:
Requests for vacation of are reviewed with regard to the following factors: 1) impact on
pedestrian and vehicular access and circulation; 2) impact on emergency and utility vehicle
access and circulation; 3) impact on access to adjacent private properties; 4) desirability of
right-of-way for future access or circulation needs; 5) location of utilities and other easements or
restrictions on the property; 6) potential use of the property for another public use; and 7) any
other relevant factors pertaining to the specific requested vacation.
Subject to a public access easement, the vacation of this alley will have a negligible impact on
pedestrian and vehicular access, as well as emergency and utility vehicle access and circulation.
The public access easement will allow vehicles to enter from Clinton Street and exit on to Court
Street.
The proposed commercial and apartment building on the former Rebel Plaza site will be the only
private property affected by the alley vacation. That proposed structure will have underground
parking with access from the north-south alley. The portion of the alley adjacent to the Rebel
Plaza property will remain a public right-of-way providing access to Court Street.
After the completion of the Hieronymus Square and the structure on the former Rebel Plaza site,
the block will be fully developed. A public access easement will be retained allowing vehicular
circulation through the previously vacated east-west alley and the north-south alley under
consideration.
The City of Iowa City Engineering Department has indicated public and private utility lines running
through the north-south alley. MidAmerican Energy and Qwest both have private utilities in the
north-south alley right-of-way. There is a public sanitary sewer in the north-south alley, as well as
electrical manholes, electrical service, and sanitary sewer to the neighboring parking ramp to the
east of the north-south alley. Easements will need to be retained for these utilities; otherwise the
utilities would need to be relocated.
Vacation of the alleys would relieve the City of responsibility for the alley. Should this portion of
the alley be vacated, the applicant will be responsible for maintenance along the access
easement. They have also agreed to maintain the 96-foot north-south alley adjacent to the former
Rebel Plaza.
STAFF RECOMMENDATION:
Staff recommends that VAC07-00005, a request to vacate 102 feet of the north-south alley in
Block 102, be approved subject to public access and utility easements.
ATTACHMENTS:
1. Location Map
Approved by: /z;;zr::b, I-~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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DRAFT
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO.
AN ORDIANCE REZONING APPROXIMATELY 2,035 SQUARE FEET OF PROPERTY
LOCATED AT 301 S. DUBUQUE STREET FROM CENTRAL BUSINESS SUPPORT (CB-5)
ZONE TO CENTRAL BUSINESS (CB-10) ZONE, AND REZONING AN ADDITIONAL 9,890
SQUARE FEET OF ADJACENT PROPERTY FROM NEIGHBORHOOD PUBLIC/CENTRAL
BUSINESS SUPPORT (P1/CB-5) ZONE TO CENTRAL BUSINESS DISTRICT (CB-10) ZONE
(REZ07-00008).
WHEREAS, the applicant, Three Bulls LLC, has requested a rezoning of property located at 301 South
Dubuque Street to be rezoned from Central Business Support (CB-5) zone to Central Business (CB-10)
zone; and
WHEREAS, with the appropriate conditions regarding mix of uses, residential dwelling density and type,
the payment of parking facility impact fees, building setback, bulk and design, and landscaping
requirements, the requested CB-10 zone is appropriate in this location to allow the logical extension of the
downtown; and
WHEREAS, the Planning and Zoning Commission has recommended the rezoning subject to Level II
Design Review in order to ensure compatibility with the standards of the zone and the goals of the Near
Southside Plan; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy
public needs caused by the rezoning request; and
WHEREAS, the applicant and owners acknowledge that certain conditions and restrictions are
reasonable to ensure that development of this property within the CB-10 zone complies with the
Comprehensive Plan's vision for the Near Souths ide Neighborhood, and is compatible with the downtown,
pays the parking impact fee that would have been required in the CB-5 zone, provides a setback from
Burlington Street and a mix of uses and housing types.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement
attached hereto and incorporated herein, the property described below is hereby reclassified from its current
zoning designation of CB-5 to CB-10:
LEGAL DESCRIPTION
The north 37 feet of the East 55 feet of Lot 1, Block 102, Original Town of Iowa City, Iowa.
Awaiting legal description of public property to be purchased by the applicant and included in this rezoning.
The entire property to be rezoned is approximately 9,000 square feet and includes the Mod Pod property
(legal description provided above) and all the remaining undeveloped public property between the Court
Street Transportation Center and the Burlington Street right of way to the north.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement attached hereto and incorporated herein.
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
Ordinance No.
Page 2
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
City Attorney's Office
DRAFT
Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REl07-
00008)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Three Bulls, LLC, (hereinafter "Owner");
WHEREAS, Owner is the legal title holder of approximately .21 acres of property located at 301
South Dubuque Street; and
WHEREAS, the Owner has requested the rezoning of said property from Central Business
Support (CB-5) zone to Central Business (CB-10) zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding mix of uses, residential dwelling density and type, the payment of parking
facility impact fees, building setback, bulk and design, and landscaping requirements, the
requested CB-10 zone is appropriate in this location to allow the logical extension of the
downtown; and
WHEREAS, Iowa Code 9414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to
ensure the development of the property is consistent with the Comprehensive Plan and the
Near Southside Neighborhood; 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. Owner is the legal title holder of the property legally described as follows:
insert legal description
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code 9414.5
(2005) provides that the City of Iowa City may impose reasonable conditions on granting
an applicant's rezoning request, over and above the existing regulations, in order to
satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
ppdadm/agUrez07 -00008301 dubuque cza.doc
1
a. The building to be constructed on this property will be a mixed-use commercial and
residential development with a minimum of one floor of commercial development
above the ground floor.
b. The property shall contain a mix of studio or 1 bedroom units, 2 and 3-bedroom units,
and there shall be no dwelling units with more than 3 bedrooms.
c. No more than 30% of the dwelling units shall contain 3 bedrooms.
d. The building shall be a minimum height of 7 stories.
e. A parking requirement will be calculated for all dwelling units within the development
based on the parking requirements of the CB-5 zone, pursuant to Title 14, Chapter 5,
Article A, of the Iowa City Code, entitled "Off Street Parking and Loading Standards."
Prior to issuance of an occupancy permit for the building or buildings to be
constructed on the property, payment of parking facility impact fees will be made to
the City for dwelling units for which on-site parking is not provided. The amount of the
fee for each required parking space not provided on-site shall be computed in the
manner set forth in sections 14-7B-7(C) and 14-7B-7(F) of the City Code. Payment,
deposit, use and refunds of fees shall be governed by sections 14-7B-8, 14-7B-9 and
14-7B-10 of the City Code.
f. The building shall be set back a minimum of 10 feet from the Burlington Street right-
of-way as specified in 14-2C-8D. In addition, this 10-foot setback applies to the upper
floors of the building as well as the ground floor. Certain building features, including
projecting bays, may extend into the required setbacks as specified in 14-2C-4B-4,
except for as follows: balconies are not allowed on the Burlington Street fayade and
projecting bays are not allowed below the fourth floor of the building.
g. The applicant shall grant a public access easement across the entire 10-foot
walkway/setback along Burlington Street to assure maintenance.
h. The applicant shall provide landscaping and streetscape improvements, including
textured paving materials, plantings, and street furniture as approved by the City. This
includes construction and installation of the streets ide landscaping within the
Burlington Street right-of-way.
i. Substantial compliance with the preliminary plan submitted on July 19, 2007, by the
applicant showing the placement of the building on the site.
J. Levell! Design Review is required- the site and building will be reviewed for
compliance with the Design Review Guidelines as specified in 14-3C-3C and
the CB-10 Site Development Standards as specified in 14-2C-8. Special
attention will be given to design elements that encourage pedestrian activity at
the street level and that break up the mass of the building and differentiate it
from the adjacent building proposed for the Hieronymus development.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code S414.5 (2005), and that said
conditions satisfy public needs that are caused by the requested zoning change.
ppdadm/agUrez07-0000B 301 dubuque cza.doc
2
5. 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.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
. and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. 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.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this _ day of
,20
CITY OF IOWA CITY
Ross Wilburn, Mayor
By:
Attest:
Marian K. Karr, City Clerk
By:
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 2007, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
ppdadmlagVrez07-00008301 dubuque cza.doc
3
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _ day of , AD. 2007, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared , to me
personally known, who being by me duly sworn, did say that the person is
(title) of
, and that said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
My commission expires:
ppdadm/agUrez07 -()()ooe 301 dubuque czadoc
4
City of Iowa City
MEMORANDUM
Date: July 27,2007
To: Planning and Zoning Commission
From: Sarah Walz, Associate Planner
RE: 301 South Dubuque Rezoning to CB-10
Consideration of the 301 Dubuque Street rezoning proposal was deferred from the July 19 meeting in
order to provide some clarification and rewording with regard to staffs recommendation for
"substantial compliance with the site plan submitted." The applicant expressed concern that he not be
tied to a particular "picture" of the building design, which is still a "work in progress." In response, the
some commission members expressed a desire for some flexibility to allow design changes to the
elevation of the building and that such changes should be handled through the Design Review
process. In addition, commissioners asked for a clear definition of the term "site plan".
The terms of the revised conditional zoning agreement are below. Staff has modified items f, I, and j
to provide the flexibility sought by the applicant while making more explicit the requirements and
goals for the Design Review process. The CZA clarifies the meaning of the term site plan, which is
the placement of the building and other features or amenities on the site. The applicant's submitted
site plan shows that that the development will make full use of the property up to the required
minimum setback, and Staff recommends substantial compliance with this aspect of the plan. A final
site plan will need to demonstrate all the required landscaping and amenities for the pedestrian area
within the setback and street right-of-way.
Staff recommends that REZ07-00008, a request to rezone approximately .21 acres of property
from CB-5 and P1/CB-5 to CB-10 be approved subject to the following conditions:
a. The building to be constructed on this property will be a mixed-use commercial and
residential development with a minimum of one floor of commercial development above
the ground floor.
b. The property shall contain a mix of studio or 1 bedroom units, 2 and 3-bedroom units, and
there shall be no dwelling units with more than 3 bedrooms.
c. No more than 30% of the dwelling units shall contain 3 bedrooms.
d. The building shall be a minimum height of 7 stories.
e. A parking requirement will be calculated for all dwelling units within the development
based on the parking requirements of the CB-5 zone, pursuant to Title 14, Chapter 5,
Article A, of the Iowa City Code, entitled "Off Street Parking and Loading Standards." Prior
to issuance of an occupancy permit for the building or buildings to be constructed on the
property, payment of parking facility impact fees will be made to the City for dwelling units
for which on-site parking is not provided. The amount of the fee for each required parking
space not provided on-site shall be computed in the manner set forth in sections 14-7B-
7(C) and 14-7B-7(F) of the City Code. Payment, deposit, use and refunds of fees shall be
governed by sections 14-7B-8, 14-7B-9 and 14-7B-10 of the City Code.
f. The building shall be set back a minimum of 10 feet from the Burlington Street right-of-way
as specified in 14-2C-8. In addition, this 10-foot setback applies to the upper floors of the
building as well as the ground floor. Certain building features, including projecting bays,
July 25, 2007
Page 2
may extend into the required setbacks as specified in 14-2C-4B-4, except for the following.
Balconies are not allowed on the Burlington Street fac;ade and projecting bays are not
allowed below the fourth floor of the building.
g. The applicant shall grant a public access easement across the entire 10-foot
walkway/setback along Burlington Street to assure maintenance and snow removal.
h. The applicant shall provide landscaping and streetscape improvements, including textured
paving materials, plantings, and street furniture as approved by the City. This includes
construction and installation of the streets ide landscaping within the Burlington Street
rig ht -of-way.
i. Substantial compliance with the preliminary plan submitted by the applicant showing the
placement of the building on the site.
j. Levell! Design Review is required- the site and building will be reviewed for
compliance with the Design Review Guidelines as specified in 14-3C-3C and the
CB-10 Site Development Standards as specified in 14-2C-8. Special attention will
be given to design elements that encourage pedestrian activity at the street level
and that break up the mass of the building and differentiate it from the adjacent
building proposed for the Hieronymus development.
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Sarah Walz
Item: REZ07-00008 Dubuque & Burlington
Date: July 19, 2007
GENERAL INFORMATION:
Applicant:
Three Bulls, LLC
33 Hickory Heights Lane
Iowa City, IA 52245
Contact Person:
Swen Larson
Phone:
319-631-5800
Requested Action:
Rezoning from CB-5 to CB-10
Purpose:
Development of a mixed-use
residential/commercial building
Location:
301 S. Dubuque Street
and surrounding City-owned property
Size:
2,035 sq. feet of private property
+ 6965 sq. feet of public property
Existing Land Use and Zoning:
Commercial (CB-5) and
Public/Commercial (P1/CB-5))
Surrounding Land Use and Zoning:
North: Commercial (CB-10)
South: Public/Commercial - P/CB-5
East: Residential/Commercial (CB-5)
West: Undeveloped Commercial (CB-10)
Comprehensive Plan:
General Commercial -
Near Southside Plan
File Date:
May 2, 2007
45 Day Limitation Period:
June 7,2007 (waived until July 19)
BACKGROUND INFORMATION:
The applicant, Three Bulls LLC, is requesting approval for rezoning from Central Business
Support Zone (CB-5) to Central Business Zone (CB-10) zone for 2,035 square feet of property
located at the Southwest corner of Dubuque and Burlington Streets. The property currently
contains the Mod Pod building. The rezoning to CB-10 would allow construction of a proposed
thirteen-story building that combines 3 floors of commercial along with residential uses above-
approximately 38 residential units. Because the proposed project incorporates the surrounding
6,965 square feet (approx.) of City-owned property currently zoned Public/Commercial
Business Support (P1/CB-5) zone, a CB-10 rezoning for this public property is also part of this
2
consideration. The total site size would be approximately .21 acres.
Development of the public property included in this re-zoning application was considered as
part of the Court Street Transportation Center project. Those plans showed development of a 4-
5 story mixed use commercial building as compatible with the CB-5 zone. However, because
the City was unsuccessful in its effort to purchase the privately held property at 301 S.
Dubuque, those plans were never fulfilled and the staff anticipated that private development
would take place on this property at some point in the future.
ANAL YSIS:
Comprehensive Plan: The Near Southside Plan was adopted in 1992 as a guide for the
redevelopment of the area generally bounded by Burlington Street on the north, Gilbert Street
on the east, Madison Street on the west and the Iowa Interstate Railway on the south. Focused
on fostering redevelopment of the area directly south of the downtown, while maintaining an
economically healthy core in the established downtown, the Plan identifies the area between
Court Street and Burlington Street as suitable for office and commercial development with
upper story residential uses. The Near Southside Plan encourages higher-density residential
development in the area south of Court Street. By allowing higher intensity uses (commercial
and residential) south of the downtown, growth is directed away from the historic
neighborhoods north of the Central Business District - a goal of the Comprehensive Plan.
The Near Southside Plan further identifies the need for addressing the issues of parking, open
space, pedestrian accessibility, traffic circulation, historic preservation and amenities.
Convenient pedestrian accessibility is crucial to the success and vitality of downtown Iowa City.
Protecting and enhancing the shopping convenience and pedestrian accessibility of the
downtown area is a goal of the plan. If the area south of Burlington Street is to function as an
extension of the downtown a strong physical and aesthetic connection between the downtown
and the area south of Burlington Street is also critical. To achieve this goal the plan
recommends attention to various aspects of development including public improvements in the
streetscape. This includes improving pedestrian safety and accessibility along and across
Burlington Street and careful attention to building and site design so as to avoid the creation of
a fortress-like or blank streetscape.
The City began implementing the Near Southside Plan in 1992 by adopting the CB-5 zone and
applying it to the area generally between Court and Burlington Street. The relationship between
the CB-10 zone north of Burlington Street and the CB-5 zone to its south was intended to
create a hierarchy of taller buildings and greater intensity of development in the downtown core
with a step down in height and intensity to the south. The CB-10 zone allows a floor area ratio
(FAR) of 10 while the CB-5 zone has a floor area ratio of 3 with the potential FAR of up to 5 if
the developer provides certain amenities and public benefits as part of the project. The CB-10
zone itself does not have a maximum height limit; however, the Airport Overlay Zone results in
a height limit of approximately 12 to 14 stories depending on the ground elevation of the
property. The CB-5 zone has a height limit of 75 feet or approximately 6 stories. The CB-10
does not require parking for either commercial or residential development, while the CB-5 zone
requires parking spaces for residential development. Concerns about parking are discussed in
more detail below.
Recent changes to the Near Southside Plan and the CB-10 zoning policy: As part of the
Hieronymus Square rezoning the City took a close look at the potential impacts of the CB-10
zone on the downtown core of Iowa City. Although the CB-10 zone allows an FAR of 10 - it was
recognized that most of the downtown properties were already developed with a floor area ratio
of 2 (i.e. a 2 story building covering most of a property). There are a few exceptions, including
3
the Iowa State Bank Building and the Sheraton Hotel, which are built to an FAR of
approximately 5, and the Jefferson Building and the Vogal House, both with FARs of
approximately 6. However, the construction of the Plaza Towers with an approximate FAR of
4.75 prompted public concern about the redevelopment of large areas of downtown at such an
intense level. Since the downtown core itself contains a number of historic buildings and
buildings that already display the storefront features necessary for a successful and vibrant city
center (and encouraged by the Comprehensive Plan), some questioned whether redevelopment
of the downtown core to the height and intensity allowed by the current CB-10 zone would be
desirable.
A change in policy with regard to Near Southside development was initiated with the CB-10
rezoning of the Hieronymus Square Property at the southeast corner of Burlington and Capital
Streets. The logic supporting that rezoning and the amendment to the Near Southside Plan to
allow the extension of the CB-10 zone holds that much of the current CB-5 area south of
Burlington Street-as well as the north side of Burlington Street, which is already zoned CB-
1 O-contains few buildings that have the characteristics envisioned for the downtown. It was
decided that encouraging redevelopment of this area by extending the CB-10 zoning to just
south of Burlington Street would reduce redevelopment pressure on the downtown core where
the desirable pedestrian-oriented streetscape and buildings are already in place and that CB-10
zoning would be appropriate provided that adequate parking and pedestrian connections to the
established downtown are provided.
Another justification for amending the Near Southside Plan, and a condition of the Hieronymus
rezoning, was the potential benefit of diversifying the mix of housing stock downtown. The
success of Plaza Towers suggested that a market exists for a different sort of high-rise
residential development downtown. Development of mixed-use buildings with a variety of
residential sizes including larger condominiums, as proposed by Hieronymus, would help to
further diversify the housing stock and land uses in downtown and help support the commercial
development envisioned by the Comprehensive Plan for the downtown and the Near Southside.
The CB-5 zone south of Burlington Street allows mixed use buildings, but the height limit
prevents buildings taller than 6 stories and thus buildings with the views desired for the high-
rise condominium market could not be built. The conditional zoning agreement for Hieronymus
Square requires a mix of studio or 1, 2 and 3-bedroom units, with nor more than 30% of the
units containing 3 bedroom, and no units were allowed more than 3 bedrooms.
The amendment to the Near Southside Design Plan states that "Either CB-5 or CB-10 are
appropriate between Court and Burlington Streets, based on the property providing a logical
extension of the downtown and adequate services for the density proposed. If the conditions
discussed below are addressed it appears that the proposed rezoning for 301 S. Dubuque
Street and surrounding public property to CB-10 complies with the Comprehensive Plan as
amended.
Conditions for CB-1 0 rezoning south of Burlington Street:
1. Parking: The Comprehensive Plan notes that some downtown merchants and business
owners feel the residential population burdens the parking system in the district to the
detriment of businesses. The Plan discusses the need to establish a clear policy for
housing, parking and redevelopment in the Downtown Planning District, which includes
the established downtown and the Near Southside area. When the City completed its
study of the redevelopment potential in the Near Southside, several measures were
taken to address the demand and supply of parking for new commercial and residential
development in this area, including the creation of the Near Southside Parking Facility
District. Because residential parking demand is fundamentally different than the demand
for short term commercial parking, policies and regulations were set in place to make
4
sure that any new residential development would pay its fair share of demand on City
parking facilities. Development within the CB-5 zone is required to pay a fee for 75% of
the required parking spaces for residential units. The fee is to be used to support the
creation of new public parking facilities necessary to accommodate the resulting
increased demand for off-street parking created by additional residential development.
Currently the fee is $6,119 per parking space and represents less than 1/3 the cost of
building a structured parking space. Because the CB-10 zone requires no residential
parking, the fee would not normally apply to areas rezoned to CB-10. To insure
adequate parking is provided and to treat residential development equitably with CB-5
properties that have paid or will pay the fee, staff recommended any properties south of
Burlington Street rezoned to CB-10, be required to pay the parking impact fee as if they
were in the CB-5 zone. This arrangement was a condition of the Hieronymus Square
rezoning.
If 301 S. Dubuque were treated the same as Hieronymus Square, all 1 and 2 bedroom
residential units would require a minimum of one parking space and any 3-bedroom
units would require a minimum of 2 parking spaces. If the building were developed with
38 units with the maximum of 11 units having 3 bedrooms, the building would be
required to provide 49 parking spaces.1 A fee of $299,8312 would be paid to cover all
49 spaces since no parking can be provided on this small site. Subject to City Council
approval a second parking facility is planned for construction in the Near Souths ide, so it
is likely that any fees collected for residential units at 301 S. Dubuque (as well as
Hieronymus Square) will be expended in the next 5 years.
Court Street Transportation Center permits are currently sold out. All available permits
have been issued to the University. It is the City's policy to make these permits available
for development projects in the area as they occur. The University has been put on
notice that when permits are needed for development that University permits will not be
renewed.
2. Design: The Near Southside Design Plan was adopted in 1995 to provide more clear
direction for implementing the Near Southside Plan. The Design Plan's vision for the
Downtown Extension area states that redevelopment efforts should architecturally mirror
the existing Downtown area. "New structures in this district and along Burlington Street
reflect the scale, proportion, fayade repetition, setbacks, materials, roof lines, color,
signage, awnings, and equipment screening elements of the adjacent Downtown. . . .
This character can be further enhanced through implementation of design guidelines
and review process to address each of these design elements within the Downtown
Extension."
To implement this goal the zoning code provides Site Development Standards for the
CB-5 and CB-10 zones focusing on street-level building facades in order to prevent
fortress-like facades, monotonous streetscapes, and to enhance public safety by
providing opportunities for views of the street from the interior of buildings. The
standards are intended to create commercial spaces that are both attractive and
functional by encouraging designs that address the pedestrian at street level--spaces
that are both visually and physically accessible. The code also requires a 10-foot
setback from the right-of-way line for the first story of buildings that abuts Burlington
Street. This is to provide more space for pedestrian movement, and the placement of
1
With a maximum of one-third of the units having more than 2 bedrooms: 11 units would require 2 parking spaces each (22
spaces) + the remaining 27 units requiring 1 space each (27 spaces) = 49 parking spaces.
2
The parking impact fee is adjusted for inflation on an annual basis.
5
amenities within and adjacent to the right-of-way to provide a buffer between vehicular
traffic and pedestrians along Burlington Street. The code allows building columns
supporting upper stories to be located within this 10-foot setback, provided that an
adequate pedestrian passageway is maintained. Due to concerns that a proposed
building with upper floors cantilevered to the property line would overwhelm the
pedestrian area and create a canyon effect along Burlington Street, the Planning and
Zoning Commission recommended through the conditional zoning agreement that the
Hieronymus building maintain the 10-foot setback for the entire height of the building,
not just the first floor. To maintain consistency along the street, similar conditions should
also apply to the development at 301 S. Dubuque Street.
The applicant has provided a preliminary sketch of the proposed building, which has
been reviewed by planning staff. (A final drawing will need to be reviewed by the Design
Review Committee.) Staff believes that the general form of the building as shown in the
submitted sketches meets these design requirements. The elevation for the first floor
commercial space shows that the ground floor will be at grade for the entire length of
the building and includes articulation through the use of linear columns to break up the
plane of the building. Storefronts are recessed and include canopies over all entrances
to the building.
Because of its similar height and design, staff was initially concerned that the proposed
building would appear to be an extension of the Hieronymus development. To address
this concern the architect added three angled bays on the residential floors and broke
up the roofline. To accommodate the bays, staff recommends allowing the extension of
the bays 5-6 feet into the setback as allowed in the zoning code. Staff does not believe
that the angled bays as proposed in the submitted plan, will create a canyon effect that
is a concern along this portion of Burlington Street.
3. Traffic implications: Since Burlington Street is a high-volume arterial street, direct
access is restricted. The concept plan submitted by the applicant indicates no on-site
parking, rather all parking will be provided in the public ramp, which has access from
Dubuque and Court Streets. The City is planning a landscaped median in Burlington
Street to provide for safer pedestrian and vehicular traffic in this area. A number of
improvements to the public right-of-way are included as part of the Hieronymus Square
development, including landscaping along the south side of Burlington in order to
provide separation between vehicle traffic and pedestrian space. Because the
pedestrian walkway will be provided on private property within the required 10-foot
setback, along Burlington Street, a public access easement along the entire 10-foot
walkway will be necessary.
SUMMARY
In 2006, the Comprehensive Plan was amended to allow the extension of the CB-10 zone within
the Near Southside Development Areas, between Burlington and Court Streets, so long as
concerns with regard to parking, design, and traffic were addressed. The expansion of the CB-
10 development was intended to encourage a diversity of housing types in the downtown while
at the same time providing for areas of additional commercial growth. In addition, allowing the
CB-10 zoning to expand into this area will reduce pressure for high-rise development within the
historic downtown core. Provided that property proposed for CB-10 zoning addresses issues of
parking, design, and traffic issues in a manner that supports the downtown as a pedestrian
accessible, economically vibrant commercial area, such a rezoning may be justified. Staff
believes that the proposed development for 310 S. Dubuque Street and the surrounding City-
owned property meets these goals.
6
RECOMMENDATION
Staff recommends that REZ07-00008, a request to rezone approximately .21 acres of property
from CB-5 and P1/CB-5 to CB-10 be approved granted subject to the following conditions:
a. The building to be constructed on this property will be a mixed-use commercial and
residential development with a minimum of one floor of commercial development above
the ground floor.
b. The property shall contain a mix of studio or 1 bedroom units, 2 and 3-bedroom units,
and there shall be no dwelling units with more than 3 bedrooms.
c. No more than 30% of the dwelling units shall contain 3 bedrooms.
d. The building shall be a minimum height of 7 stories.
e. A parking requirement will be calculated for all dwelling units within the development
based on the parking requirements of the CB-5 zone, pursuant to Title 14, Chapter 5,
Article A, of the Iowa City Code, entitled "Off Street Parking and Loading Standards."
Prior to issuance of an occupancy permit for the building or buildings to be constructed
on the property, payment of parking facility impact fees will be made to the City for
dwelling units for which on-site parking is not provided. The amount of the fee for each
required parking space not provided on-site shall be computed in the manner set forth in
sections 14-7B-7(C) and 14-7B-7(F) of the City Code. Payment, deposit, use and
refunds of fees shall be governed by sections 14-7B-8, 14-7B-9 and 14-7B-10 of the
City Code.
f. The building shall be set back a minimum of 10-foot from the Burlington Street right-
of-way. This 10-foot setback applies to the upper floors of the building as well as the
ground floor. Bays may project up to 6 feet into the setback.
g. The applicant shall grant a public access easement across the entire 10-foot
walkway/setback along Burlington Street to assure maintenance and snow removal.
h. The applicant shall provide landscaping and streets cape improvements, including
textured paving materials, plantings, and street furniture as approved by the City. This
includes construction and installation of the streetside landscaping within the Burlington
right-of-way.
i. Substantial compliance with the site plan submitted. The design of the
development must be approved by the Design Review Committee. The owner
and Developer must demonstrate to the satisfaction of the Design Review
Committee how the proposed street-level fal;ade will meet the following
standards:
-The plane of the building at the street-level must be broken into vertical
modules that give the appearance of smaller, individual storefronts reflective
of the pattern and character found in downtown Iowa City. Each module
must be no greater than 50 feet and no less than 20 feet in width and must
be distinguished from the abutting module(s) by a significant and visible
change in building materials and a variation in the wall plane of at least 16
inches. Changes in material colors and textures and other architectural
detailing should be used to enhance this effect.
7
-To create a human-scaled environment that is comfortable and attractive to
pedestrians, awnings and/or canopies must be used to enhance the
storefront modules.
-Pedestrian entrances must be attractive and inviting features along the
street-level and must be architecturally emphasized in a manner that is
reflective of the pattern and character found in downtown Iowa City.
ATTACHMENTS:
1. Location Map
2. Elevations, Drawings, and Diagrams
Approved by: ~~
Robert Miklo, Senfor Planner,
Department of Planning and Community Development
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Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO. 07-4277
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 14 ACRES OF LAND
FROM COUNTY RESIDENTIAL (R) TO LOW DENSITY SINGLE FAMILY RESIDENTIAL
(RS-5) AND APPROXIMATELY 1 :89 ACRES OF LAND FROM COUNTY RESIDENTIAL
(R) TO NEIGHBORHOOD PUBLIC (P-1) LOCATED NORTH OF LOWER WEST
BRANCH ROAD, BRENTWOOD DRIVE, AND BROADMOOR LANE (REZ07-00010)
WHEREAS, the applicant, St. Patrick Church of Iowa City, has requested a rezoning of property located
north of lower West Branch Road, Brentwood Drive, and Broadmoor lane from County Residential (R) to
Low Density Single Family Residential (RS-5); and
WHEREAS, the Comprehensive Plan indicates that this area is appropriate for a residential
neighborhood with a mix of housing types; and
WHEREAS, the Iowa City zoning laws acknowledge that the low density single family residential zone is
intended to allow opportunities for certain nonresidential uses, such as schools and religious institutions, that
contribute to the livability of residential neighborhoods; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan, provided that it meets certain conditions addressing the need
within residential neighborhoods for a street network that provides for appropriate traffic circulation, efficient
provision of public and emergency services, and ensures public access to shared open space; and
WHEREAS, Iowa Code 9414.5 (2007) 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 directly caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city; and
WHEREAS, to further the goals and objectives of the Comprehensive Plan, the City of Iowa City has
acquired property for future use as a public square along Lower West Branch Road north of Brentwood
Drive and Broadmoor Lane; and
WHEREAS, property owned by the City and intended for public use should be zoned Neighborhood
Public to serve as notice to surrounding property owners that the subject property is intended for public
purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL.
1. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property
described below is hereby reclassified from its current zoning designation of County Residential (R)
to low Density Single Family Residential (RS-5):
LEGAL DESCRIPTION
A PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 79
NORTH, RANGE 5 WEST OF THE 5TH P.M., AND BEING MORE PARTICULARLY
DESCRIBED AS FOllOWS.
COMMENCING AT THE CENTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST;
THENCE N 00020'48" W ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID
SECTION 7, A DISTANCE OF 33.00 FEET TO A POINT ON THE PRESENT NORTH 33 FOOT
RIGHT OF WAY LINE FOR lOWER WEST BRANCH ROAD SE AND THE POINT OF
BEGINNING; THENCE CONTINUING N 00020'48" W ALONG SAID WEST LINE, A DISTANCE
OF 1276.72 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 7; THENCE N 89050'44" E ALONG THE NORTH LINE OF
Ordinance No. 07-4'J77
Page 2
THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 7, A DISTANCE OF 532.19
FEET; THENCE S 00001'04" W, A DISTANCE OF 1278.29 FEET TO A POINT ON SAID
PRESENT NORTH 33 FOOT RIGHT OF WAY LINE; THENCE N 89058'56" W ALONG SAID
PRESENT NORTH 33 FOOT RIGHT OF WAY LINE, A DISTANCE OF 54.48 FEET; THENCE
NORTHWESTERLY 37.70 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 33.94 FOOT CHORD BEARS N 44059'19" W; THENCE
N 00001'04" E, A DISTANCE OF 180.02 FEET; THENCE N 89058'56" W, A DISTANCE OF
317.00 FEET; THENCE S 00001'04' W, A DISTANCE OF 180.02 FEET; THENCE
SOUTHWESTERLY 37.70 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY, WHOSE 33.94 FOOT CHORD BEARS S 45001'04" W TO A
POINT ON SAID PRESENT NORTH 33 FOOT RIGHT OF WAY LINE; THENCE N89058'56"W
ALONG SAID PRESENT NORTH 33 FOOT RIGHT OF WAY LINE, A ,DISTANCE OF 104.60
FEET TO THE POINT OF BEGINNING CONTAINING 14.00 ACRES MORE OR LESS
2. The property described below is hereby reclassified from its current zoning designation of County
Residential (R) to Neighborhood Public (P-1):
LEGAL DESCRIPTION
AUDITORS PARCEL 2007075 IS THAT PART OF THE NORTHEAST QUARTER OF SECTION
7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 7; THENCE NORTH 890 38' 15" EAST
182.38 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
7 TO THE POINT OF BEGINNING; THENCE NORTH 000 21' 45" WEST 167.02 FEET TO THE
BEGINNING OF A 16.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 900 00' 00" AN ARC DISTANCE OF
25.13 FEET (CHORD BEARING NORTH 440 38' 15" EAST 22.63 FEET); THENCE NORTH 890
38' 15" EAST 177.00 FEET TO THE BEGINNING OF A 16.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY THROUGH A CENTRAL ANGLE
OF 900 00' 00" AN ARC DISTANCE OF 25.13 FEET (CHORD BEARING SOUTH 450 21' 45"
EAST 22.63 FEET); THENCE SOUTH 000 21' 45" EAST 167.02 FEET TO THE SOUTH LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE SOUTH 890 38' 15" WEST
209.00 FEET TO THE POINT OF BEGINNING, CONTAINING 38,140 SQUARE FEET OR 0.88
ACRES.
FOR THE PURPOSE OF THIS DESCRIPTION, THE SOUTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 71S ASSUMED TO BEAR NORTH 890 38' 15" EAST.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. 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 conditional zoning
agreement, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's
expense, upon the final passage, approval and publication of this ordinance and conditional zoning
agreement, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this ---1L.t.h. day of C::ppt"pmhE;>T
,2007.
Ordinance No. 07 -I.... ? 7 7
Page 3
v:< '-J- ( . Jjll-
MAYOR --
ATTEST:~~~~' ~
CLERK
APp~ed by
~tV-P.-~< ~lwn.i?
City Attorney's Office C/t'v/d 7
Ordinance No. 07-4277
Page ~
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
Correia
that the Ordinance
AYES: NAYS: ABSENT:
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
x
x
X
X
X
X
First Consideration 8/21/2007
Vote for passage: AYES: Wilburn, Champion, Correia, Elliott, O'Donnell, Vanderhoef.
NAYS: Bailey. ABSENT: None.
Second Consideration ------------------
Vote for passage:
Date published 9/12/2007
Moved by Vanderhoef, seconded by Correia, that the rule requlrlng ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be finally passed be suspended, the second consideration and vote be waived and
the ordinance be voted upon for final passage at this time. AYES: Vanderhoef, Wilburn,
Bailey, Champion, Correia, Elliott, O'Donnell. NAYS: None. ABSENT: None.
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ07-00010)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Rellim Farms, L.L.C. (hereinafter "Owner"), and St. Patrick Church of
Iowa City (hereinafter "Applicant");
WHEREAS, Owner is the legal title holder of approximately 14 acres of property located north
of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane (hereinafter "Property");
and
WHEREAS, a public square is being constructed adjacent to this property along Lower West
Branch Road between Brentwood Drive and Broadmoor Lane; and
WHEREAS, this Property will surround three sides of the public square; and
WHEREAS, the Applicant, with the Owner's participation and consent, has requested
annexation and subsequent rezoning of this Property from County Residential (R) to Low
Density Single Family Residential (RS-5) with the intention of developing the property as a
religious/private group assembly use; and
WHEREAS, this large institutional use will increase traffic through the surrounding
neighborhoods, particularly before and after church services; and
WHEREAS, this change in use and rezoning of the large parcel of property creates potential
impediments to vehicular and pedestrian access to the public square and nearby
neighborhoods, as they continue to be developed; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and
determined that, with appropriate conditions for the provision of adequate secondary access and
pedestrian connectivity among the public square, the institution and surrounding neighborhoods
to ensure that this large institutional property is adequately integrated into future residential
neighborhoods, and to facilitate the dispersal of traffic and provide for safe and efficient
provision of public and emergency services, the proposed zoning is in conformance with the
Comprehensive Plan and should be approved with said conditions; and
WHEREAS, Iowa Code 9414.5 (2007) 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 directly caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and
restrictions are reasonable and necessary to ensure that the development of the Property is
consistent with the Comprehensive Plan, to ensure that the proposed large institutional use is
adequately integrated into future surrounding residential neighborhoods, to provide for safe and
adequate traffic circulation to and around the subject Property, to provide for efficient provision
of public and emergency services, and to ensure that public use of shared public open space,
specifically the public square along Lower West Branch Road, is not impeded; and
ppdadmlagVst pats cza rez07.{)()()10 (3).doc
1
WHEREAS, to satisfy public needs directly caused by the requested rezoning, the Owner and
Applicant agree to develop the Property in accordance with the terms and conditions of this
Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Rellim Farms, L.L.C. is the legal title holder of the Property legally described as follows:
A part of the Southwest 1/4 of the Northeast 1/4 of Section 7, Township 79 North, Range
5 West of the 5th P.M., and being more particularly described as follows:
Commencing at the Center of Section 7, Township 79 North, Range 5 West; thence N
00020'48" W along the West line of the Northeast 1/4 of said Section 7, a distance of
33.00 feet to a point on the present North 33 foot right of way line for Lower West Branch
Road SE and the point of beginning; thence continuing N 00020'48" W along said West
line, a distance of 1276.72 feet to the Northwest corner of the Southwest 1/4 of the
Northeast 1/4 of said Section 7; thence N 89050'44" E along the North line of the South
1/2 of the Northeast 1/4 of said Section 7, a distance of 532.19 feet; thence S 00001'04"
W, a distance of 1278.29 feet to a point on said present North 33 foot right of way line;
thence N 89058'56" W along said present North 33 foot right of way line, a distance of
54.48 feet; thence Northwesterly 37.70 feet along the arc of a 24.00 foot radius curve,
concave Northeasterly, whose 33.94 foot chord bears N 44059'19" W; thence N
00001'04" E, a distance of 180.02 feet; thence N 89058'56" W, a distance of 317.00 feet;
thence S 00001'04' W, a distance of 180.02 feet; thence Southwesterly 37.70 feet along
the arc of a 24.00 foot radius curve, concave Northwesterly, whose 33.94 foot chord
bears S 45001 '04" W to a point on said present North 33 foot right of way line; thence
N89058'56'W along said present North 33 foot right of way line, a distance of 104.60 feet
to the point of beginning containing 14.00 acres more or less.
2. The Owner and Applicant acknowledge and agree that, as a component of the
requested rezoning, the City wishes to ensure conformance with the principles of the
Comprehensive Plan, provide for safe and adequate traffic circulation within
neighborhoods and ensure public access to shared open space. Further, the parties
acknowledge and agree that Iowa Code ~414.5 (2007) 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 directly caused by the
requested zoning.
3. In consideration of the City's rezoning the subject Property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning and subdivision ordinances, as well as the following additional conditions:
a) The Owner and/or Applicant will dedicate to the City, without remuneration from the
City, the land and grant associated construction easements, for two 60-foot wide
public rights-of-way for future street connections to the northeast and northwest
corners of the public square along Lower West Branch Road within 90 days of
approval of the annexation and rezoning of said property in alignments as
determined by the City Engineer; and
b) If the Applicant or any successor in interest develops one or both of the parcels of
ppdadmlagVst pats cza rez07-OOO10 (3).doc
2
land abutting the east or west sides of the public square, and the connector roads
leading to the northeast and/or northwest corners of the public square have not yet
been constructed, the Applicant or successor in interest will be responsible for
constructing the relevant street connection(s) upon the dedicated right(s)-of-way; and
c) At such time as the Property is developed, the Applicant agrees to construct an 8-
foot wide sidewalk that extends generally east to west across the central portion of
the Property and agrees to grant a public access easement over said sidewalk. The
Applicant and the City agree that the location of this sidewalk will be determined
through the special exception approval process for a religious/private group
assembly use, taking into account the topography, public accessibility, and
integration of the sidewalk into the site plan; and
d) The Owner and/or Applicant will dedicate to the City, without remuneration from the
City, the land and grant associated construction easements for a 60-foot wide public
right-of-way for a future street that will extend across the northern portion of the
Property within 90 days of approval of the annexation and rezoning of said property
in an alignment to be determined by the City Engineer; and
e) At such time as this northern street is constructed, the Applicant agrees to construct
an access drive from the developed portion of the Applicant's property to this
northerly street so that users of the Applicant's property have direct access to this
street.
f) If, for whatever reason, the Property is not developed as an institutional use and is
instead proposed for residential development, provisions c) and e) of this agreement
will become null and void and any proposed residential development will be required
to comply with the City's adopted Comprehensive Plan, more specifically the
Northeast District Plan, and all applicable subdivision and zoning standards and
requirements, including construction of necessary infrastructure for said
development.
4. The Owner, Applicant, and City acknowledge and agree that the conditions contained
herein are reasonable and necessary additional conditions to impose on the land under
Iowa Code ~414.5 (2007), and that said additional conditions are imposed to satisfy
public needs that are directly caused by the requested zoning change.
5. The Owner, Applicant, and City acknowledge and agree that in the event the subject
Property is transferred, sold, redeveloped, or subdivided, all redevelopment and
subdivision will conform to the terms of this Conditional Zoning Agreement.
6. The parties acknowledge and agree that this Conditional Zoning Agreement shall be
deemed to be a covenant running with the land and with title to the land, and shall
remain in full force and effect, unless or until released of record by the City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge and agree 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.
ppdadmlagVst pats cza rez07-00010 (3).doc
3
8. The parties acknowledge and agree that this Conditional Zoning Agreement shall be
incorporated by reference into the ordinance rezoning the subject Property, and that
upon adoption and publication of the ordinance, this agreement shall be recorded in the
Johnson County Recorder's Office at the Applicant's expense.
+~
Dated this ~ day of S p~-e.YY1bc it" , 2007.
CI(:!:~ CITY @.
( J l hAr
Ross Wilburn, Mayor ~
Rellim Farms, L.L.C. .
ff~~ 6, )ll~ek
By: Henrietta Miller g "'f~ 01
Attest:
~ -K. ~a-uJ
Mar K. Karr, City Clerk
St~?1iV:~
By: RtJ. t I-l,t~ip ~ I. TIU\Yl.'z.. oj.- r;U~U:L'k-- A.5t-!u'(./:,{1-
e
S-/3-o 7-
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
-+~
On this ~ day of ~P~-~'i'V\-"'\l.~ y , AD. 2007, before me, the
undersigned, a notary public in and for he State of Iowa, personally appeared Ross Wllbum and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
oj! SONDRAE FORT
~1; Commission !'lU!,"ber.1?9791
. . My CommiSSion Expires
ow 3 7 "^ DG
Sc~-P h~~
Notary Public in and for the State of Iowa
My commission expires: ?:. /7 / ~o--o 'l
ppdadmlagUst pats cza rezO? -00010 (3).doc
4
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this j<f+'7 day of 4';t;fu.&+ ,A.D. 2007, before me,the undersigned, a Notary Public
in and for the State of Iowa, sonally appeared J-! -e n r / -e'.;./-c;L f}7,. II e r . , to me
personally known, Wh.O being by me duly sworn, .Jiid spY thakthe person is
P'€51 d-e /1. -r (title) of 7~.e 11/ rYL /-0. r/Y? S L L ',C
and that said instrument was signed on behalf of the said limited liability company by authority of
its managers and the said PlY'S Id-e-ld acknowledged the execution of said
instrument to be the voluntary act and deed of said limited liability company by it voluntarily
executed.
~ cft'€- K7::-4~
Notary Public in and for the State of Iowa
My commission expires:
CORPORATE ACKNOWLEDGEMENT:
r~~,'4i oJ' I KELLfE K. TUTTLE
W tl' C Ca",missicn f\umbe, 221819
t' . My CJop1:i:s1;n 'j,.}(Ires
._).9f'~______ ,!:/:;_5f-Q-K_-
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this / tJfi'- day of {- 'f- , AD. 2007, before me, the undersigned, a
Notary Public in and for the St of Iowa, personally appeared I~I 01 p /.z.. T .-1 u..c? re L.-
and . red eoU::- -4. SCh/t!:-he r , to me personally known, who, being by me duly sworn,
did say that they are the t:::<s-for and DirecTor , respectively,
of said corporation executing the within and foregoing instrument to which this is attached; that
said instrument was sjQned on behalf of said corporation by authority of its Board of Directors; and
that the said ~-I-or and n I ree-"io /e- as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
/~L (i-e.. K 7z:#/e
Notary Public in and for said County and State
My commission expires:
r~;>'AI; I ,(ELLiE K. TUTTLE
I~~ r CDnlmisSiOn i'<~,rnber 221819
j' "MY CO~fT1i2'/": ~c'res
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Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 1, CHAPTER 9-3B OF THE CODE OF ORDINANCES OF IOWA
CITY, IOWA AND AMENDING THE BOUNDARY OF VOTING PRECINCT 16 IN IOWA CITY TO
REFLECT A BOUNDARY CHANGE TO THE CORPORATE LIMITS OF IOWA CITY.
WHEREAS, a boundary change to the corporate limits of Iowa City has rendered the codified voting
precincts inaccurate; and
WHEREAS, much of the land involved in the boundary change is currently undeveloped; and
WHEREAS, it is appropriate and in the public interest to revise the boundaries of Precinct 16 to reflect
said boundary change.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 1, Chapter 9-3B(16) of the Code of Ordinances of Iowa City is hereby
amended by deleting said paragraph and adopting in lieu thereof the following:
16. Precinct 16: Beginning at the intersection of Muscatine Avenue and Dover Street; north on Dover
Street to Perry Court; west on Perry Court to Meadow Street; north on Meadow Street to Friendship
Street; east on Friendship Street to Kenwood; north on Kenwood to Court Street east on Court Street to a
point which is 261.42 feet along a bearing NOoo29'01" W from the Southwest corner of the Southeast
Quarter of Section 7, Township 79 North, Range 5 West of the 5th P.M. of Iowa City, Johnson County,
Iowa; thence north along said bearing and section line to the Northwest corner of the Southwest 1/4 of the
Northeast 1/4 of said Section 7; thence N 89050'44" E along the North line of the South 1/2 of the
Northeast 1/4 of said Section 7, a distance of 532.19 feet; thence S 00001'04" W, a distance of 1311.29
feet to a point on the centerline of present Lower West Branch Road SE; thence east along Lower West
Branch Road and the corporate limits of Iowa City to Taft Avenue; south along Taft Avenue and the
corporate limits of Iowa City to American Legion Road; west along American Legion Road and the
corporate limits of Iowa City to Muscatine Avenue and the point of beginning.
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.
MAYOR
ATTEST:
CITY CLERK
Approved by
AtUdfi~~
City Attorney's Office <5/3P" ff7
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 9 / 4/2007
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
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Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
07-4278
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND
PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3,
ENTITLED "USE FOR SIDEWALK CAFES," TO ALLOW FENCING TO REMAIN YEAR ROUND ON
CAFES LOCATED ON CONCRETE PLATFORMS AND TO CLARIFY THAT CAFES MAY BE
LOCATED ON PUBLIC RIGHT-OF-WAY.
WHEREAS, sidewalk cafes are a use of public right-of-way that require a temporary easement, and
the right-of-way includes sidewalks;
WHEREAS, section 10-3-3A of the City Code provides that sidewalk cafes are permitted in public
right-of-way, including city plaza, but section 10-3-1 defines sidewalk cafes as an area located on a
sidewalk;
WHEREAS, the definition of sidewalk cafe should be clarified to provide that cafes may be located on
right-of-way that is a sidewalk and on right-of-way that is not a sidewalk;
WHEREAS, the public works director should have the discretion to approve a cafe located on a
concrete platform on right-of-way that is not sidewalk;
WHEREAS, section 10-3-3 of the City Code provides that anchored fencing should be taken down
between December 1 to February 28, but that requirement should not apply if the cafe is located on a
concrete platform; 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 1, entitled "Definitions," is hereby amended by deleting the definition of "sidewalk
cafe" and inserting the new definition in lieu thereof:
Sidewalk Cafe: An outdoor area located temporarily on public right-of-way contiguous with any side of
a building wherein a restaurant is located and where food and beverages are taken for consumption
by persons sitting or standing at tables in that area. Permitted "sidewalk cafes" must abide by the
requirements and limitations as determined by the city council.
2. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Subsection B, entitled "Usable Sidewalk Cafe
Area," is hereby amended by deleting Paragraph 3b in its entirety and inserting in lieu thereof the
following new Paragraph 3b:
Anchored fencing on public right-of-way is subject to the approval of the director of public works, or
designee. If stored outdoors, tables, chairs, and other items shall be secured within the anchored
fencing at the end of each day's operation so that they are unusable and shall not block or obstruct
emergency exits. The owner shall be responsible for any damages to the public right-of-way caused
by the placement of any anchored fencing. A deposit shall be required prior to the placement of any
anchored fencing on a public right of way and shall be returned when the right-of-way is restored to
its prior condition. The amount of the deposit shall be set by resolution of the city council.
3. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Subsection B, entitled "Usable Sidewalk Cafe
Area," is hereby amended by adding the following new Paragraph 6:
Sidewalk cafes may be located on a platform on top of a public sidewalk if the director of public works
or designee determines there is excessive slope in the sidewalk and approves the design and if
suitable access is provided for persons with disabilities. Sidewalk cafes may be located on a
concrete platform in-the-right of way that is not a public sidewalk if the director of public works or
designee determines if the director of public works or designee approves the concrete design and if
suitable access is provided for persons with disabilities. Fencing shall not be more than three feet (3')
in height, measured from the plane on which the chair sits to the top of the railing, excluding finials.
Notwithstanding section 10-3-3B3, anchored fencing on a concrete platform may remain year round.
Ordinance No. 07-4278
Page 2
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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this...1lth.... day of C;:ppj-pmb~:r
,2007.
GiL u?f2l
M YOR
")
ATTEST: ~.l/...~,AJ. ~
CIT LERK
APpr~~ ~-(J-01-
City Attorney's Office
Ordinance No. 07-4?7R
Page ~
It was moved by R::l; 1 Py and seconded by
as read be adopted, and upon roll call there were:
V::lnnf'rnof>f that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 8/21/2007
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Second Consideration -----------------
Vote for passage:
Date published 9/12/2007
Moved by Bailey, seconded by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Elliott, O'Donnell, Vanderhoef,
Wilburn, Bailey, Champion, Correia. NAYS None. ABSENT: None.
)0
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,.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO, 07-4?7Q
ORDINANCE AMENDING TITLE 16 OF THE CITY CODE, ENTITLED "PUBLIC WORKS," CHAPTER
3, ENTITLED, "CITY UTILITIES," ARTICLE G, ENTITLED "STORM WATER COLLECTION,
DISCHARGE AND RUNOFF," TO DELETE THE EXEMPTION FOR CONCRETE TRUCK WASH OUT.
WHEREAS, federal law and the City's national pollutant discharge elimination system (NPDES)
general permit require that the City adopt an illicit discharge ordinance, which the City did in Ordinance
No, 05-4154, to operate and maintain its storm water infrastructure and to otherwise protect the waters of
the Iowa River and the six major creeks;
WHEREAS, the City's NPDES general permit does not allow concrete truck wash out to be
discharged, and 40 C.F.R. 122.34(b)(4)(ii) requires that the City control concrete truck wash out;
WHEREAS, Ordinance No. 05-4154, codified at City Code 14-3G-11, includes an exemption for the
discharge of concrete truck wash out that should be deleted; 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.
Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article G, entitled "Storm Water
Collection, Discharge and Runoff," Article G, entitled, "Storm Water Collection Discharge and Runoff,"
Section 11, entitled "Illicit Discharge and Connection," Paragraph G1 a is hereby amended by deleting
"concrete truck wash out."
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 V. 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 S~ptpml)pr
,2007.
Q4-. LJ Jt
MAYOR
-
ATTEST .~~)l. ~
CIT ERK
Approved by
~~ ~~r<+'-O+
City Attorney's Office
Ordinance No. 07-4?7Q
Page ---1-
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
R,qilpy
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration R /? 1 /? nn 7
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Second Consideration ----------------
Vote for passage:
Date published 9/12/2007
Moved by Vanderhoef, seconded by Bailey, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Vanderhoef, Wilburn, Bailey, Champion,
Correia, Elliott, O'Donnell. NAYS: None. ABSENT: None.