HomeMy WebLinkAbout1988-11-01 OrdinanceCRDINANCE NO.
ORDINANCE VACATING LOOS STREET, AN LfilM VED RIGT_
OF -WAY EXIEIDING BETNEEN BLACK SPRINGSS CIRCLE AND
RDCKY SHORE DRIVE.
WEREAS, the 50 -foot right-of-way far Laos Street
has not been inproved since the tine of its platting
in approxinetely 1911; and
WERFAS, the heavily wooded and steep right-of-
way serves as an overland drainageAgy for five
abutting residential properties and Black Springs
Circle; and
MOUS, vacation of the right-of-way will not
affect access to abutting properties; and
WERFAS, abutting properties have across to Fb*
Shore Drive via Dill Street, one -lot depth to the
south; and
WERFAS, no public utilities would be disturbed
by the vacation provided a sanitary sewer easement
is retained at the titre of disposition.
NOW, WHORE, BE IT ORDAINED BY THE CITY
COLNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. VACATION. That the City of Iowa City
hereby vacates the 50 -foot wide right-of-eay of Loos
Street as platted in Chautagua Heights Subdivision
and recorded in Plat Book 1, Page 148.
SECTION II. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION ITT. SEVERABILITY. If any section,
provision or part of the Ordinance shall be adjutmd
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 required by law.
Passed and approved this
ATTEST:
CITY CLERK
Approved as to Fonn
Lego
it was moved by and seconded by
that the Ordinance as read by adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
— Balmer
Courtney
Horowitz
Larson
McDonald
First Consideration
Vote for passage:
j
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Second Consideration
Vote for passage:
Date published
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Barry Beagle
Item: V-8806. Loos Street Vacation Date: October 6, 1988
GENERAL INFORMATION:
Applicant: Dr. Jack Moyers
1130 Dill Street
Iowa City, Iowa 52240
Phone: 338-0642
Requested action: Vacation of Loos Street.
Purpose: To permit acquisition by
adjacent property owners.
Location: Located in the Manville Heights
area, extending between Black
Springs Circle and Rocky Shore
Drive.
Surrounding land use and zoning: Single-family residential; RS -5
,
BACKGROUND:
[ Dr. Jack Moyers requests the City vacate the unimproved 50 -foot wide
}1 right-of-way to permit acquisition by adjoining property owners. Dr.
Moyers has a proprietary interest in two of five properties abutting the
unimproved street. Each property contains a single-family residence
except for one unimproved lot jointly owned by Dr. Moyers and Margaret
Clau'ssen at the southwest corner of Loos Street and Rocky Shore Drive.
Dr. Moyers' request to vacate the unimproved street was prompted by his
interest in constructing an addition to his residence that would violate
the front yard setback requirement on Loos Street.
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ANALYSIS:
LYSIS:
The Loos Street right-of-way is heavily wooded and steep, and runs
parallel to Dill Street, an improved local street that extends to Rocky
Shore Drive. Loos Street and Dill Street were platted at the same time in
1911, only one lot depth apart. The Loos Street right-of-way is gullied
with slopes in excess of 25 percent and primarily serves as a drainageway
for abutting properties and Black Spring Circle. The City has on occasion
responded to concerns of erosion within the right-of-way and has installed
rip -rap at the lower western end adjacent to the Rocky Shore Drive right-
of-way. No City -owned or franchise utilities are located within the
right-of-way except for a sanitary sewer that parallels the Rocky Shore
Drive right-of-way at the lower western end of the tract. A utility
easement would need to be retained with the disposition of the right-of-
way. A private sewer line exists within the right-of-way and will
continue to be the responsibility of abutting property owners to maintain.
At the time of disposition private easements would need to be granted
between property owners to assure protection of the line. Vacation of the
street will not affect access to abutting properties as each property has
access from an existing improved public street.
/(°/
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Page 2
Staff finds no public benefit in retaining the steep, heavily wooded
ravine for street purposes. Public access is currently available to each
of the abutting lots, and access to Rocky Shore Drive is provided by Dill
Street, which is one lot depth to the south. No public utilities would be
disturbed by the vacation provided a sanitary sewer easement is retained
at the time of disposition.
STAFF RECOMMENDATION:
Staff recommends the vacation of Loos Street, between Black Springs Circle
and Rocky Shore Drive, be approved.
ATTACHMENTS:
1. Location Map.
2. Letter from Dr. Jack Moyer.
Approved by:
ona S meiser, Director
Department of Planning and
Program Development
No
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_tP9 1988
MARIAN K. KARR
CITY CLERK (3)
Ao
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ORDINANCE NO.
AN ORDINANCE NIE1DING THE ZONING ORDINANCE BY
CW WING THE USE REGULATIONS OF CERTAIN PROPERTY
LOCATED AT 528 & 530 IDA AVENUE AND 15 N. JOHNSON
STREET.
i WOZAS, the properties located at 533 & 530 Ioe
Avenue and 15 N. Johnson Street are located in an
area zoned RANO-20, Neighborhood Conservation
Residential Zone;. and
METAS, the Comprehensive Plan for the City of
Iowa City has been mended to show MhxEd Lard The in
the area containing the subject properties; and
W40W, the existing development near the
subject property is for uses compatible with mixed
comercial and residential land uses; and
HIM, mixed uses are the most appropriate use
for the area.
INON, THEREFORE, BE IT a&INED BY THE CITY
COMIL OF THE CITY OF IDA CITY, IDA:
j SECTION I. ZONING AMENF 41T. That the property
described below is hereby reclassified from its
present classification of RNC -20 to CB -2:
Lot 8, Block 39, original Town of Iowa City.
SECTION II. ZONING MAP. The Building Inspector
is hereby authorized and directed to change the
zoning nnap of the City of Ioa City, Iowa, to
conform to this aierdnent upon the final passage,
aapproval and publication of this Ordinance as
provided by law.
SECTION III. CERTIFICATION AND RECORDING. The
City Cleric is hereby authorized and directed to
certify a copy of this Ordinance which shall be
recorded at the office of the County Recorder of
Johnson Canty, Iowa, upon final passage and
publication as provided by law.
SECTIO IV, REPEALER: All ordinances and parts
of ordinarmces in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY: If arty section, MM-
sion or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall rat affect the validity of the Ordinance as a
whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION VI, EFFECTIVE BITE: This Ordinance
shall be in effect after its final passag?, anxml
and publication as required by law.
Passed and approved this
MYCR
ATTEST:
CITY CLERK
Approved as to Form
Lego Departmen�
16 6Z
it was moved by and seconded by
that the Ordinance as read by adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_ Ambrisco
Balmer
Courtney
_ Horowitz
Larson
McDonald
First Consideration
Vote for passage: i
I
i
Second Consideration
Vote for passage:
Date published
I .
it was moved by and seconded by
that the Ordinance as read by adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_ Ambrisco
Balmer
Courtney
_ Horowitz
Larson
McDonald
First Consideration
Vote for passage: i
I
i
Second Consideration
Vote for passage:
Date published
STAFF REPORT
To: Planning & Zoning Commission
Item: Z-8810. UI Community Credit
Union.
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Legal description:
Location:
Area:
Existing land use and zoning:
Existing improvements:
Surrounding land use and zoning
Prepared by: Barry Beagle
Date: September 1, 1988
University of Iowa Community
Credit Union, Contract Purchaser
500 Iowa Avenue
Iowa City, Iowa 52240
Phone: 339-1000
Rezoning from RNC -20 to CB -2.
To permit expansion of the credit
union facility.
Lot 8, Block 39, Original Town.
528 & 530 Iowa Avenue, and 15 North
Johnson Street. Properties are
located at the northwest corner of
Iowa Avenue and Johnson Street
intersection.
12,000 square feet.
Residential; RNC -20.
Three (3) single-family residential
structures.
North - Multi -family Residential;
RM -44.
South - Multi- and Single -Family
Residential and Commercial;
RNC -20 and CB -2.
East - Multi- and Single -Family
Residential; RNC -20.
West - Commercial (Credit Union);
CB -2.
Comprehensive Plan: Residential; 25+ DU/A.
File date: August 10, 1988.
45 -day limitation period: September 26, 1988.
BACKGROUND:
In 1979-80, the Credit Union constructed a two-story, 12,000 square foot
building at 500 Iowa Avenue. The design included drive -up teller windows
located below a portion of the second story at the west end of the building. A
40 -space parking area accompanies the present facility. The applicant contends
1600
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that they have reached capacity with their present location and need additional
space to serve the needs of their patrons. To meet this need, the applicant
requests that three (3) residential properties immediately to the east be
rezoned from RNC -20 to CB -2 to allow for expansion of their present facility.
Purchase offers have been negotiated with the owners of 528 and 530 Iowa
Avenue, and 15 N. Johnson Street, at the northwest corner of the Iowa Avenue
and Johnson Street intersection, and will be acquired by the Credit Union if
rezoned.
Initial plans are to raze the three (3) existing single-family residences to
expand the Credit Union parking area and potentially relocate the drive -up
facilities to the east side of the existing building. Relocation of the drive -
up facilities would allow the first floor office area to be expanded in its
place. Principal access to the Credit Union and the three (3) residential
properties is provided by an existing alley extending mid -block between Van
Buren and Johnson streets. Acquisition of the three (3) residential properties
would complete the Credit Union's ownership of the half -block between Van Buren
and Johnson streets south of the alley.
Over the past two (2) years, there have been two requests to rezone the site of
528 Iowa Avenue from RNC -20 to CB -2. In 1986, the Iowa City Crisis
Intervention Center sought CB -2 zoning, but, later withdrew after staff and
Commission recommended against the rezoning. The following year, Mr. Emmet
George attempted CB -2 zoning which was ultimately denied by the City Council on
October 20, 1987, after a negative recommendation from the staff and
Commission.
ANALYSIS:
The subject properties are part of a fully developed urban neighborhood
consisting of both residential and commercial uses. Located at the boundary of
the RNC -20, CB -2, and RM -44 zones, the site is in a transitional area on the
eastern fringe of the downtown. Portions of the area west of Johnson Street
have been in a gradual state of transition from older established single-family
residential neighborhoods to a mixed land use pattern of medium to high density
residential and commercial/office land uses. The area east of Johnson Street
and the subject properties west of Johnson Street are primarily residential in
character, consisting of mixed densities but with much of the original housing
stock intact. After considerable study and public input, much of the "College
Hill Area" east of Johnson Street and west to include the subject properties
and to the south was down -zoned in 1982. Associated with this action was the
adoption and designation of significant portions of this area to the Neighbor-
hood Conservation Residential (RNC -20) Zone, which was intended to preserve
existing housing stock and stabilize neighborhoods. Mid -block between Van
Buren and Johnson Street generally serves as the eastern boundary for the more
intense mixed commercial/residential land uses associated with the downtown.
Comprehensive Plan:
The Comprehensive Plan presents general areas and stages of land use based upon
the adoption of certain policies. The maps presented in the Comprehensive Plan
outline in a general fashion the location of different land uses based upon the
adopted policies while the zoning map sets forth the uses and densities of use
possible on any particular site. Any proposed zoning change must be considered
in relation to its consistency with the land use policies of the Comprehensive
Plan for the general area in which it is located. Proposed rezonings
inconsistent with the land use policies and designations of the Comprehensive
/603
Plan for a general area should not be allowed unless it can be demonstrated
that the Comprehensive Plan should be amended.
The land use map of the 1983 Comprehensive Plan Update recommends residential
development at a density of 25+ DU/A for properties immediately west of Johnson
Street, between Jefferson Street and Ralston Creek. The area east of Johnson
Street is encouraged to develop for medium density residential land use at a
density of 16-24 DU/A while the area west of the subject properties is
designated for mixed land use. The Comprehensive Plan maps are intended to be
interpreted with flexibility at the boundaries of designated uses to allow
appropriate transitions between areas; however, the magnitude of the proposed
land use change from residential to commercial and its potential consequences
on the adjoining residential neighborhood would necessitate a change in the
Comprehensive Plan to substantiate the proposed rezoning.
The Inner City Area, which includes the subject properties, is envisioned by
the Comprehensive Plan as predominantly medium- to high-density residential
with scattered commercial and office use. Within this area are older,
established residential neighborhoods characteristic of the area east of
Johnson Street and including the subject properties. It is the policy of the
Comprehensive Plan to encourage rehabilitation and reinvestment in existing
neighborhoods, to maintain the existing housing stock and preserve desirable
neighborhood characteristics.
The land use designations shown on the Comprehensive Plan were intended to hold
the line on downtown redevelopment and minimize adverse impacts on the
adjoining residential area to the east. The change proposed by the applicant
would be contrary to the stated policies of the Plan by eliminating existing
housing stock and threatening a residential area. There is no evidence that a
change in policy regarding this area is appropriate at this time.
Land Use Relationships:
When a request for a rezoning is made, consideration must be given to the
impacts such rezoning will have on the character of the immediate neighborhood
and the use of surrounding properties as zoned. Any rezoning should
demonstrate that the character of the neighborhood will not be adversely
affected by any use permitted in the proposed change. If a rezoning involves a
potential change in the character of the neighborhood, it is incumbent upon the
applicant to demonstrate compelling reasons to change the present zoning.
In assessing the appropriateness of a zoning classification in a given area, it
is not the proposed use that is significant, but the possible many uses
permitted by the zoning classification that must be considered. One must
evaluate the impact on the adjacent residential neighborhood of extending the
CB -2 zone to Johnson Street and not evaluate it based solely on the potential
use of the property as a parking lot for the Credit Union.
The Central Business Service, CB -2, Zone, is intended to allow for the orderly
expansion of the central business district, to serve as a transition between
the intense land uses located in the central business district and provide
suitable, peripheral locations for auto -oriented commercial and service uses.
The zone is intended to accommodate mixed land uses which are expected to
generate a substantial volume of traffic from throughout the City.
1663
The present RNC-20/CB-2 zoning boundary was established to preserve existing
housing stock and established residential neighborhoods along Johnson Street
from the intense redevelopment associated with the downtown. The RNC -20 zone
was promulgated in response to a rising concern over the decay and redevelop-
ment of older, established residential neighborhoods. It is the intent of the
RNC -20 zone to preserve the character of existing neighborhoods. One way to
preserve the character of existing neighborhoods is through the preservation of
existing housing stock. Each of the three properties was included in the RNC -
20 zone since they included existing housing stock used as single-family
housing. The proposed rezoning is contrary to the intent of the RNC -20 zone
and the policies of the Comprehensive Plan which are intended to encourage the
preservation of desirable neighborhood characteristics by maintaining existing
housing stock.
In addition to preserving existing housing stock, the RNC-20/CB-2 zoning
boundary was set to delimit the extension of the intense mixed land use
patterns associated with the downtown. The rear or side lot lines of homes
fronting on the west side of Johnson Street were chosen as the point at which
to make the transition between the intense mixed land uses of the downtown and
the less intense residential neighborhood adjoining the downtown. Extending
the CB -2 zone to Johnson Street would increase the residential neighborhood's
vulnerability to the additional traffic, noise, and other negative impacts
associated with increased activity levels by placing that activity directly
across the street.
Another question related to the appropriateness of the proposed rezoning is
whether there is a substantial reason why the subject properties cannot be used
in accordance with existing zoning. Each of the three properties contain an
older late 19th century and early 20th century single-family residence which
are still in good shape. Single-family residences are permitted in the RNC -20
zone on a minimum lot size of 5,000 square feet. The three (3) subject
properties range from 3,082 to 4,620 square feet and although the lot size is
less than required, the single-family dwellings are to be considered as if
though they are conforming. There does not appear to be any evidence that the
residential character of the neighborhood is diminishing to encourage
commercial redevelopment.
Given the preceding analysis, one must conclude that the present zoning
boundaries are logically drawn and contribute to the character and stability of
the established residential neighborhood.
Economic Impact: Rezoning the subject properties from RNC -20 to CB -2 will not
affect the assessed value of the properties or the tax revenue collected on
that property. It is not until the properties are converted from their present
use to a commercial use that the land value will change. The properties'
assessed value will, therefore, also change.
The assessed value of the properties may increase if the value of a new
structure placed on the site exceeds the value of the existing residential
dwellings on the property. Even if the tax levy applied to commercial and
residential properties is the same, the City would realize additional tax
revenue as a result of conversion of the site to a commercial use since the
assessed values for commercial uses are not rolled back as are assessed values
for residential uses.
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STAFF RECOMMENDATION:
Staff finds the proposed rezoning of 528 & 530 Iowa Avenue and 15 North Johnson
Street from RNC -20 to CB -2 to be contrary to the policies of the Comprehensive
Plan and to the intent of the location of the present zoning boundary whose
relocation could have a deleterious effect on the stability of the residential
neighborhood to the east. Staff, therefore, recommends that the request be
denied.
ATTACHMENTS:
1. Location Map.
Approved by:
4Da ld S imeiser, Director
Department of Planning and
Program Development
204,10
9lng
cna�rw u W
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LAWRENCE L LYNCH
STEPHEN N. GREENLEAF
ROBERT S. MICHAEL
LYNCH & GREENLEAF
ATTORNEYS AT LAW
1402 WILLOW CREEK COURT
P.O. BOX 2508
IOWA CITY, IOWA 52244.2508
October 12, 1988
Mr. Barry Beagle, Associate Planner
Iowa City Planning Department
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
AREA CODE 319
351-1056
1: ;: C1S i9f Li lJ -
OCT 13 198
p.p.0. LIErJA :TMENT
Re: University of Iowa Community Credit Union Rezoning Application
Our file #285-422
Dear Mr. Beagle:
On behalf of our client, University of Iowa Community Credit
Union, we would like to appeal the recent denial by the Planning
and Zoning Commission of our application for rezoning Number
Z-8810 and the denial of an amendment to the 1983 Comprehensive
Plan Update to change the land -use classification of 528 and 530
Iowa Avenue and 15 North Johnson Street from residential 25 -plus
dwelling units per acre to mixed land -use.
Thank you very much for your attention to this. It is my
understanding you will forward this to the proper persons for
placement on the calendar for the City Council. It is also my
understanding that the initial public hearing on the matter
before the City Council will be held on Tuesday, November 1.
Thank you very much for your assistance.
S14G / kd
copy: Fred .(rause
Sincerely,
. Greenl
City of Iowa City
MEMORANDUM
r
Date: September 30, 1988
To: Planning & Zoning Commission
From: Barry Beagle, Associate Planner
Re: University of Iowa Community Credit Union Rezoning Proposal
Land use compatibility is a major issue associated with this rezoning
request. The land use policy of the Comprehensive Plan for this area
encourages the reinvestment in existing neighborhoods by maintaining
existing housing stock and preserving desirable neighborhood characteris-
tics. A high value is placed upon protecting established residential
neighborhoods from intensive non-residential development. A problem
always arises when two land uses of substantially different characteris-
tics and activity levels are located in close proximity to each other.
Following an established planning principle outlined in the 1978 Compre-
hensive Plan, "...transitions which take place across alleys and rear
property lines are usually more successful than transitions along side lot
. lines or across streets." (p. 18) Activity level, parking and appearance
problems, etc., can be minimized by transitions which isolate less intense
land uses from the more intensive front and side areas of more intense
r land uses. Enclosed are excerpts of the Policies Plan section of the 1978
Comprehensive Plan relating to land use principles and policies which are
followed in making land use compatibility judgments.
The subject properties and surrounding residential neighborhood are part of
a designated Neighborhood Improvement Area. Through the City's Housing
Rehabilitation Program, Community Development Block Grant (CDBG) funds are
made available through low-interest loans or grants to assist low- and
moderate -income homeowners wishing to make major repairs and improvements
to their homes. The program also provides financial assistance to
encourage rental property owners to take an active role in the conserva-
tion of their properties and neighborhoods. This program is consistent
with a policy for this area to encourage the rehabilitation and reinvest-
ment in existing neighborhoods.
Enc.
bj/pc2
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POLICIES PLAN
Planning fog the growth of an urban area is a complex process. Nearly
all the factors which affect growth are inter -related. However, to
provide clarity, the many considerations are divided into logical group-
ings as follows: Land Use, Transportation, Economics, Community Facil-
ities, Housing, Environment, and Human Needs.
Within the following sections, each functional topic is addressed. The
key findings identified during the planning process are set forth.
Explicit goals and objectives are identified, and a set of recommended
policies is included in each functional section. These recommended
policies link future decisions and actions to the goals and objectives
which the City desires to achieve.
LAND USE
FINDINGS
Analysis of existing land use patterns can provide much of the
basis for a new land use plan. However, several factors besides
existing land use influence the location of future land uses.
These factors include soils, topography, distance from established
core areas, physical barriers, and the location of trafficways and
utilities. A detailed discussion of these topics can be found in
the Locational Factors Report. The key factors regarding each of
these topics are discussed below:
a. Existinq Land Use
A study of the existing land use in Iowa City was completed in
1976 and the results were published in the 1976 Land Use
Summary. Careful consideration of the existing landuse
pattern serves to provide continuity and to protect private
investment, the city's architectural heritage, and existing
neighborhoods. However, concern for increased environmental
quality, efficiency, and fairness will require some adjust-
ments to the established pattern.
Some land use patterns are no longer valid as community needs
have changed. Land uses once well suited to a particular
location may now be incompatible with surrounding uses or the
sites may be more appropriate for another use entirely.
Iowa City's existing land use is mapped in the 1976 Land Use
Summary and a discussion of land use compatibility is contained
in the Land Use Concepts Resort, both of which are set forth
in Appendix A.
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Land Use Findings
g. Land Use Compatibility
Land use compatibility is based on the similarities or dif-
ferences of the characteristics of land uses. Each land use
type has specific site requirements in terms of topography,
soils, access to transportation and utility networks, and lot
size.
Land use compatibility is also related to the levels and types
of activity generated by a particular land use. Two bordering
land uses with substantially different activity characteris-
tics are likely to be incompatible. Incompatibilities arise
over the side-effects of the more intense land use which do
not stop at property lines. However, in many instances it is
desirable to locate incompatible uses in close proximity. In
these situations careful site planning at the boundary between
incompatible uses is necessary to assure that negative side-
effects of the more intense land use are controlled. Archi-
tectural buffers (e.g., brick walls or wooden fences), or
natural buffers (e.g., open space or natural screening) may be
useful in such situations.
,3a. �•
LANOSCAPERUFFER
Where it is not desirable to locate incompatible uses in close
proximity, two buffering techniques are particularly useful.
First, transitions between different land uses which take
place across alleys and rear property lines are usually more
successful than transitions along side lot lines or across
streets. Second, an intermediate use which shares some of the
characteristics and requirements of the adjoining uses provides
a less abrupt transition from high intensity to low intensity
uses. These concepts are further discussed and illustrated in
the Land Use Concepts Report in Appendix A.
h. Energy
Energy savings can be realized by distributing land use to
maximize use of the existing utility networks, streets,
schools and other public buildings, and existing public
services and facilities. Compact development of higher
density residential and commercial development (as opposed to
strip or spot development) will reduce dependency on the priv-
ate automobile.
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Land Use Goals 8 Objectives
i. Future Land Use
Future land use needs are based on projected demands of
residents, business and industry, and government. The Report
on Population: Summary provides information on existing and
future— population trends. It is expected that Iowa City will
continue to grow by approximately 500 persons per year and
that, as the University population stabilizes, the proportion
of those over 25 and under 18 will increase. By providing
adequate, yet not excessive land for business, industry,
housing, and other activities, moderate growth can be accom-
modated, while the provision of utilities and other city
services can occur in an efficient and economical manner.
LAND USE GOALS &OBJECTIVES
a. Goals
i
1. To provide adequate development opportunities while
recognizing environmental constraints and citizen needs,
through a multi -core development pattern guided by water-
shed and other natural boundaries.
2. To maximize the locational suitability of land uses
according to existing land uses, soils, topography,
vegetation, distance from core areas, trafficways,
physical barriers, and utilities.
3. To'provide an adequate choice of sites for existing and
future development needs, which minimizes the negative
impacts of incompatible land uses.
4. To achieve a land use distribution which encourages
energy efficiency.
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b. Objectives
1. To consider existing land use in future development and
redevelopment decisions.
2. To protect steep slopes, flood plains, woodlands, and
similar areas of environmental concern.
3. To concentrate the most intense land uses in or adjacent
to existing core areas.
4. To locate land use in relationship to distance from
trafficways.
5. To utilize physical development barriers as transitions
between incompatible land uses and to create order and
predictability in development.
6. To coordinate urban development with the efficient exten-
sion of sanitary sewers and other utility networks.
7. To minimize undesirable land use conflicts by providing
adequate transitions between different land uses.
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Land Use Policies
8. To encourage energy conservation through efficient
land use distribution.
9. To ensure the availability of an adequate choice of
sites for future residential, commercial, and indus-
trial development needs.
LAND USE POLICIES
The background topical reports in Appendix A, and the findings
set forth above identify existing and predictable future
problems. In order to achieve the land use goals and objec-
tives stated above, the following policies should be established.
Upon adoption of this Comprehensive Plan it shall be the
policy of the City of Iowa City to:
a. Existing Land Use
1. Encourage the relocation of incompatible and ob-
solete land uses.
2. Re-evaluate zoning districts in neighborhoods where
identified conflicts exist.
3. Zone undeveloped land areas adjacent to existing
uses in such a way as to maximize compatibility.
4. Acquire and redevelop areas where change is impera-
tive to residents' health and safety.
b. Soils, Topography, Vegetation
1. Utilize woodland areas, flood plains and creek
headwaters as positive locational criteria for parks
and open space, and similar low intensity land uses.
2. Encourage the use of Planned Unit Developments in
areas where soils, topography, or vegetation are
limiting factors.
r -
c. Core Areas 1
1. Locate new businesses, industries, health and educa-
tion facilities in existing core areas where appro-
priate, to facilitate the provision of city services al,
and maximize efficiency.
2. Provide higher density housing opportunities adjac-
ent to core areas.
d. Trafficways
1. Locate high intensity commercial and industrial land
uses adjacent to major trafficways.
2. Locate moderate intensity land uses (such as multi-
family residential or junior and senior high schooln)
11
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Land Use Policies
in areae with direct access to collector or second-
ary arterial streets.
3. Locate low density residential uses along local
streets.
e. physical Barriers
1. Utilize streams, railroad lines, arterial streets
and similar features to define residential neigh-
borhoods for the provision of parks, schools, and
other neighborhood -serving facilities.
2. Use ridge lines between watersheds to define the
limits of urban development.
3. Utilize physical barriers such as parka and linear
greenways as traneitione or buffers between dif-
ferent land uses.
f. Utilities
1. Zone areae within the city which cannot be served by
sanitary sewers for tow intensity uses.
2. Discourage the use of sewage lift stations.
3. Discourage intense development which cannot be
adequately served by existing or proposed City
services and facilities.
g. Land Use Compatibility
1. Where possible, zone to achieve gradual land use
change.
2. ' Eequire architectural or natural buffers between
incompatible land uses.
3. Encourage or require, as appropriate, changes
between incompatible land uses to occur along the
rear lot lines or along physical barriers.
h. Enerqy
1. Locate new employment centers in exiating cores.
2. provide for housing adjacent to employment areas.
3. Encourage energy efficient development practices and
patterns.
4. Designate land areae within the city for large lot
single-family residential development to encourage
residents to locate in the city as an alternative to
rural Johnson County and to permit the more efficient
provision of services.
6
JAMES R. BERRY
REALTORS
' Let Us Be The One"
22 August 1988
523 IOWA AVENUE
IOWA CITY, IOWA 52240
319/351.7152
RCr:E:IV6D
AUG 231988
P.P.D. DEPARTMENT
Mr. Barry Beagle
Associate Planner
City of Iowa City
Civic Center
Iowa City, Iowa 52240
Dear Mr. Beagle: RE: Rezoning from RNC -20 to CB -2
As a neighboring property owner of the University of Iowa Community
Credit Union, I support the request of the Credit Union to rezone
properties located at 528 and 530 Iowa Avenue and 15 North Johnson
Street from RNC -20 to CB -2.
As I view the location map accompanying your letter of notice, I would
encourage Planning and Zoning to continue the rezoning south on Johnson
Street to Burlington Street. It seems to me that this approach is
sensible and creates a definite buffer line.
cc: Fred Krauss, U of I Credit Union
Attached are four graphs displaying the growth experienced by
the University of Iowa Community Credit Union's Iowa City office for
the last five years, (numbered 1 through 4), and four graphs incorpor-
ating the five year historical data with five year projections of the
Iowa City office's potential growth, (numbered IA through 4A). The
graphs show four different areas of the office's operations:
A. Graphs 1 and 1A display the total number of credit union members
who identify the Iowa City office as the location where they
transact their business;
B. Graphs 2 and 2A display the total number of checking accounts
served by the Iowa City office;
C. Graphs 3 and 3A display the total number of counter and drive -up
transactions performed at the Iowa City office;
D. Graphs 4 and 4A display the total number of full-time equivalent
employees working at the Iowa City office.
. Two dates should be highlighted when reviewing the graphs!
A. September 1985, when the credit union opened its Coralville branch
office. This branch serves as the "primary" location for about 20%
of the credit union's membership, and its opening took considerable
pressure off the Iowa Avenue facility for about 18 months.
B. The spring of 19879 when the credit union began a significant and
sustained period of growth.
The two most striking features of our growth have been the
rapid increase in our checking accounts, and the dramatic upturn in
the number of transactions performed at the Iowa Avenue facility.
Since January of 1987, the total number of members served at the
Iowa City office has increased by 18%; checking accounts by 54%;
and our over-the-counter and drive -up transactions by almost 60%.
Our projections for the next five years, (graphs 1A through
4A), are based on our growth during this 20 month period, (January
1987 to the present). The high projections assume that we continue
our present growth rates, the middle projections assume a 25%
decrease in our growth rates, and the low projects a 50% decrease
in our growth rates.
1403
1
1
1
1
IOWA CITY OFFICE MEMBERS
I I n
I u.0
16,6
16.4
4,4
4.2
6.2
16
5.8
5.4
l
5.2
15 A
4.8
'PON
4,6
i
Jul -83 Jan -84 Jul -84 Jan -85 Jul -85 Jan -86 Jul 86 Jan -81 Jul41 Jan -88 Jul -88
2
IOWA CITY OFFICE CHECKING ACCOUNTS
J
4.9
r
4.8
4.7
4.6
4.5
4.4
4.3
4.2
4.1
4
3.9
3,8
3.7
3.6
3.5
3.4
3.3
3,2
i
Jul -83 Jan -84 Jul -84 Jan -85 Jul -85 Jan -86 Jul -86 Jan -87 Jul47 Jan -88 Jul48
/Go.3
3
7&
3
3
3i
2.
N
C 2E
0
a Z
J
r 26
F
25
24
23
22
21
20
19
18
Jul -83 Jan -84 Jul -84 Jan -85 Jul -85 Jan -86 Jul -86 Jon -87 Jul -V Jon -88 Jul -88
I. C. OFFICE TRANSACTIONS PER MONTH
COUNTER AND DRNE-UP ONLY
9
2
3
3'
3t
29
28
27 L".111. lit lit -Tr-rTr7T
Jul -83 Jan -84 Jul -84 Jun -85 Jul -85 Jan -86 Jul -86 Jun -87 JUI47 Jan -88 Jul -88
IOWA CITY OFFICE EMPLOYEES
7f (PART—TIME =1/2 EMP,)
'i
I,
I
j
I �
2
3
3'
3t
29
28
27 L".111. lit lit -Tr-rTr7T
Jul -83 Jan -84 Jul -84 Jun -85 Jul -85 Jan -86 Jul -86 Jun -87 JUI47 Jan -88 Jul -88
IOWA CITY OFFICE EMPLOYEES
7f (PART—TIME =1/2 EMP,)
IOWA CIN OFFICE MEMBERS
ACTUAL AND PROJECTED WWTH
14
Jul -83 Jul -84 Jul -85 Jul -86 Jul -81 Jul -88 Jul -89 Jul -90 Jul -91 Jul -92
0 ACTUAL — PROJEMNS
IA
A
2A
IOWA CIT( OFFICE CHECKING ACCOUNTS
ACTUAL AND PROJECTED GROWTH
E
4
31
Jul -83 Jul -84 Jul -85 Jul -86 Jul -87 Jul -88 Jul -89 Jul -90 Jul -91 Jul -92
0 ACTUAL - PROJECTIONS
I. C. OFFICE TRANSACTIONS PER MONTH
ACTUAL AND PROJECTED GROWTH
80
70
60
u 50
0
A
J
I � �
F
v
30
20
10
Jul-83 Jul-84 Jul-85 Jul-86 Jul-87 Jul-88 Jul-89 Jul-90 Jul-91 Jul-92
0 ACTUAL - PROJECTIONS
3A
IOWA CITY OFFICE EMPLOYEES
ACTUAL AND PROJECTED GROWTH
60 -
58--
56 --
54 -
52 -
50
48-
46 -
44 -
42
40 - rj
38 -
36-
32
a
30-
28 -
26- "m""P7mT"' MMMTTmr=
Jul -83 Jul -9 Jul -85 Jul -86 Jul -87 Jul -88 Jul -89 Jul -100 Jul -91 Jul -92
.. a ACTUAL — PROJECTIONS
4A
9
U
CREDIT UNION'S CITY AND COUNTY TAXES
1982 —1987
$42,952
X40,844
135,602 X37,043
777 P//
$31,012
1982 1983 1984 1985 1986 1981
Tax Year
X03 I'
UNIVERSITY OF IOWA COMMUNITY
CREDIT UNION
COMPARATIVE BALANCE SHEET
-'
ASSETS
CURRENT MONTH
MONTHLY
LAS! MONTH
12 MONTH
LAST YEAR
----- 9/30188
CHANGE
8131783
CHANGE
9130/87
Fixed Rate Loans
Variable Rate Loans
$10,343,773.37
(11,3)8,585,89
4.491
0,171
$9,965,944.09
$11,359,;+3.80
95.891
-4.901
-
$5,305,871.75
412,629,933.41
Real Estate Loans
Second Mortgage Loans
110 0!6,785.13
1951,654.31
1.47%
-2.411
$9 811,777.19
X980.163.48
42.33%
17,037;591.53
Home Equity Loans
%2,079,878.48
4.461
41,991,030.35
-11.331
52,32%
11,073,264.30
11,365,493.28
Student Loans
Savings Secured Loans
$1 550,151.05
X684,426.30
8.051
9.711
$1,434,641.07
$623,317.19
3.18;
25.551
11 502,431.77
1545 12B.B1
i- Credit Card Loans
4-61%
$9]9,370
TOTAL LOANS
--$2,633,1-4-88-
$34,688,439.91
2,441
$38,742,605.73
30.391
-48
130,438,075.33
Certificates of Deposit
$5,349,000.00
--_
-6.891
_-12,515,727.91
15,745 :O:.CO
--168.871
-36.711.
_-- -
$0,452,000.00
1 Goverment Securities
Bankers Acceptances
$1 401,396.55
1485,800.56
119.61%
0.001
$501,OE6.44
-43.63%
$2,486,022.05
Fed Funds
Share Draft Reserve
$1 005,395.50
1567,000.00
-44.921
0.001
1482,308.90
$1 825,406.45
1561-
0,001
1210.901
10.00
$76,695,19
-------------•--
-_------
000.00
------------
24.451
1455,600.00
TOTAL INVESTMENTS
$8,808,592,6!
----•-------•--
_•3.421
$9,120,804.27
-------'
_23_111
------•---_'_--_
$11,470,317.24
Land
Building lNet)
$329,950.65
$1
0,00%
---•------� ----
1329,9.0.65
0.15%
-----••----•--•-
1329,450.65
Furniture and Equipment (Net)
160,440,37
15
_ 1438,795. _
-0.021
- 1.941
$1 260,713.45
1430,46!. 85
-1,951
1.441
$1,195,468.62
(432,561,21
TOTAL FIXED ASSETS
$2,024,186,17
.•----------__
_0.403
$2,021,125.95
0.891
12,047,486.48
Cash an Hand
Travelers Checks
$1 433' 695.61
1425,000.00
--••---
15.121
-12.331
$1,689,121.57
----------cc -
--------
74,76%
--•-•--'---••---
1820,402.45
Accrued Loan Interest
$311,980.62
-2.901
3484,300.00
$321'n.11
16.29%
111811
1365,450.00
$219,030.21
Prepaid Expenses
125,003,33
-10.651
$27,983.58
-46,25%
$46,519,01
FDIC Receivers Certificate
NCUA Share Ins, Deposit
'
10.00
-$428,371.96-
0.00%
. 01001
$0.00
$428,371._96_
-100.001
16,71%
114,613.33
$367,039.82_
I -- TOTAL OTHER ASSETS
I----
12,624,051.52
-------
-11,10%
--•---------------
__-
$1,951,573.22
•--------
38.61%
--_
$1,893,054.92
TOTAL ASSETS
$53,150,270,21
0,591
$51,936,109.17
15.921
145,948,933,87
LIABILITIES
Prime Shares
Flexible Savings Acct.
$12,0136,843.47
$3,189,090.98
-0,711
-1,94%
612,113,092.48
53,152,250.58
39.04%
-14.731
18,693,239.07
$3,739,865,30
Flexible Draft Acct.
$11,189,142.23
0.861
113,093,529,19
1.19%
$10,438,905,50
3 Month Fixed Rate CD
6 Month Fixed Rate CD
$1,915,390.21
15,991
$1,651,325.48
337,64%
1437,668,18
12 Month Variable Rate CD
$4,859,377.49
12 757,766.33
4,131
4,72%
14,666,832.99
$2,633,406.04
13.791
24,811
14,270,629.90
f2 209,625.25
18 Month Variable Rate CD
{832,179,77
-0,22%
1933,987.56
-8,871
1913,180.75
24 Month Variable Rate CD
30
(561,108.38
7,54%
1521,769,14
-18.611
1689,395,18
Month Variable Rate CD
36 and 48 Month Fixed Rate CDs
$5 423 240.14
{584,540.97
-3,17%
7.771
S5,600,915.64
1542 382.43
-9.50%
0.00%
45,991,620,65
IRA Certificates
$5,819,273.09
0,46%
---- ---
$5,742,656.53
----••----•-----
12.15%
10,00
$5,180,991.02
TOTAL DEPOSITS
---------------
$44,217,953.11
0.931
$48,762,1-4.05
---------
15.541
142,579,100.80
Travelers Checks Payable
$425,000.00
-12.33%
---------------
$484,200.00
16,29%
$365,450.00
Dividends Payable
Accounts Pa able
$290,750.75
$335,615.09
3.19%
-27.431
1281,762.43
$462,450.70
23.38%
10.16%
1235,656,38
$304,665.33
Other Liabilitles
$0.00
0,001
$0.00
0.00%
$0,00
Entrance Fees
$2,732.75
15.221
$2,171.75
29.58%
$2,109.00
TOTAL OTHER LIABILITES
-•------------•-
$1,054,099.59
---•-••--
-14.40I
$1,231,385.38
16.11%
$907,880,71
Legal Reserve
$1,623,179.54
0,41%
----------------
$1,616,522.)9
--------
5.96%
••..
$1,531,951.35
Contingency Reserve
$20,000.00
0.00%
$20,000.00
0.001
420,000.00
Undivided Earnings
$944,769.09
0.00%
4944,76?.09
30.03%
1726,564,90
Net YTD Earnings
--------------^
$290,269.88
.........
11.101
$261,21--,56
-----•----•---•-
247.69%
$B3,4B6.11
TOTAL RESERVES AND EARNINGS
12,818,218.51
1.251
$2,842,567.74
------•--
21.861
...
$2,362,002.36
TOTAL LIABILITIES 153,150,270.21
0.59%
152,836,109.17
15.92%
145,848,983,87
i 1 Market 4alue = $1,393,499.10
Eldean Borg, Chairman of the Board
......
Fred C. Krause, President/Chief
Financial
0 uer
x(03
9
■
LADIES AND GENTLEMEN:
I:cCEIVL'D
SEP -1 1988
P.P.D. DEPARTMENT
THE UNIVERSITY OF IOWA CREDIT UNION IS PROUD TO BE A GOOD
CORPORATE CITIZEN OF THIS COMMUNITY. IN ADDITION TO THE
ALMOST $40,000 A YEAR IN TAXES IT PAYS TO THE COMMUNITY, THE
CREDIT UNION PROVIDES EMPLOYMENT TO OVER FORTY RESIDENTS.
THE BOARD OF DIRECTORS AND STAFF OF THE CREDIT UNION ARE
SENSITIVE TO THE NEEDS OF THE COMMUNITY AND THE PART WE PLAY
IN IT.
TWO IMPORTANT POINTS HAVE BEEN MISSED IN THE DISCUSSION THAT
HAS GONE ON THUS FAR REGARDING THE EXPANSION REQUEST FOR
REZONING TO THE PLANNING E ZONING. FIRST, IS THAT WE, AS A
CREDIT UNION, HAVE NEVER OPPOSED THE REZONING OF 528 IOWA
AVENUE FROM RNC 20 TO CB 2 AS MR. BEAGLE ALLEGES IN THE PRESS
CITIZEN ARTICLE OF AUGUST 30TH, 1988. THE CREDIT UNION CONCERN
AT THAT TIME WAS AND REMAINS, THAT PROPER PARKING REQUIREMENTS
ACCOMPANY ANY CHANGE OF ZONING USE. OUR DEVELOPMENT ON
IOWA AVENUE MEET THE REQUIREMENTS AND WE EXPECT FUTURE
DEVELOPMENT TO MEET THE REQUIREMENTS. THE SECOND POINT WE
WOULD MAKE IS THE FACT THAT THE UNIVERSITY OF IOWA COMMUNITY
CREDIT UNION AND ITS OFFICIALS HAVE ALWAYS BEEN CONSISTENT
IN THEIR POSITION REGARDING THE FUTURE DEVELOPMENT OF THE
AREA SURROUNDING OUR CREDIT UNION HOME. IN CLOSING, I DON'T
WANT TO SOUND SELF SERVING WHEN I SAY THAT I AM PERSONALLY
PROUD TO BE ASSOCIATED WITH A CORPORATE ORGANIZATION SUCH
AS OURS. IN 1974 WE ACQUIRED FIVE HOUSES ON IOWA AVENUE.
SOME OF YOU MAY REMEMBER THE VERY SAD STATE OF DISREPAIR
MOST HOUSES WERE IN. AN OLD FRENCH MANSARD HOME BUILT IN
X603
9
THE 1870'S WAS DIRECTLY ON THE CORNER OF IOWA AND VAN BUREN
AVENUE. THE CREDIT UNION SPENT OVER $60,000 REFURBISHING THE
HOME. WE USED THE HOME AS OUR OFFICE FOR FIVE YEARS UNTIL I
WE LITERALLY GREW OUT OF THE HOME. DID WE TEAR IT DOWN? NO, I
WE MADE SURE IT WAS PRESERVED AT A GREAT DEAL OF EXPENSE
AND NOW THE PROUD OLD HOME SITS AT 520 WASHINGTON AVE.
INCIDENTLY, SOME OF THE OTHER HOUSES THE CREDIT UNION
ACQUIRED, HAVE BEEN MOVED AND PRESERVED ALSO. ACQUIRING A
STATELY OLD HOME DOES NOT ALWAYS DENOTE RAZING, DESTROYING
OR DEMOLITION AS THE TERM HERETOFORE USED IMPLY.
THE CHAMBER OF COMMERCE RECOGNIZED OUR CREDIT UNION SEVERAL {
YEARS AGO WITH ITS "NEAT AND CLEAN" AWARD. WE WILL DO OUR
i
BEST TO BE A GOOD CORPORATE CITIZEN IN THIS COMMUNITY AND A ,
GOOD NEIGHBOR.
RESPECTFULLY SUBMITTED,
n
i
FRED C. KRAUSE
PRESIDENT/CHIEF FINANCIAL OFFICER
i
i
's
Attached are four graphs displaying the growth experienced by
the University of Iowa Community Credit Union's Iowa City office for
the last five years: (numbered 1 through 4), and four graphs incorpor-
ating the five year historical data with five year projections of the
Iowa City office's potential growths (numbered lA through 4A). The
graphs show four different areas of the office's operations:
A. Graphs 1 and lA display the total number of credit union members
who identify the Iowa City office as the location where they
transact their business; G ' C a
B. Graphs 2 and 2A display the total number of checking accounts p 'n 0
served by the Iowa City office; m N 1
C. Graphs 3 and 3A display the total number of counter and drive-upA ,�0
transactions performed at the Iowa City office; 1 ce m
D. Graphs 4 and 4A display the total number of full-time equivalent m o° Oi
employees working at the Iowa City office. Z
Two dates should be highlighted when reviewing the graphs:
A. September 19852 when the credit union opened its Coralville branch
office. This branch serves as the "primary" location for about 20%
of the credit union's memberships and its opening took considerable
pressure off the Iowa Avenue facility for about 18 months.
B. The spring of 19871 when the credit union began a significant and
sustained period of growth. Three factors contributed to this
upturn in our business:
1. An increase in our marketing expenditures;
2. Local banks raising their checking account service fees:
and imposing fees on small balance savings accounts;
3. The expansion of our field of memberships when the
credit union applied fort and was granted a community
based charter.
It should be noted that an increasingly high percentage of our
members are using credit union checking accounts. In the pasty about
I one third of our total members used our checking account services;
as evidenced by graphs 1 and 2? almost two thirds of our new members
since January 1987 have opened checking accounts. This translates
directly into higher transaction volumes - since January 1987p members
served at the Iowa City office have increased by 14%; checking accounts
by 40%; counter and drive -up transactions by 50%.
As a resultp the parking and drive -up facilities at the Iowa
City office are becoming increasingly congested. To alleviate this: we
have tried to encourage "off-site" access to credit union services: with
the installation of a drive -up ATM in Coralvillep and a state of the art
audio teller service. To take pressure off the drive -up lanes: we
recently installed a walk-up teller station at the Iowa Avenue entrance.
'1leverthelessr even if our growth is slower than indicated by our
projectionsp our vehicular -related facilities soon will be wholly
inadequate to the demands placed upon them.
If the credit union cannot increase its parking and drive -up
capacities: we are concerned that the neighborhood could be adversely
affected in a number of ways: more competition for on -street parking:
queues in the drive -up blocking the alley and overflowing onto Van Buren
and Johnson Streetst and longer credit union business hours to handle
the increased traffic. Our expansion plans would provide for 76 parking
stalls: and five drive -up lanes capable of "stacking" 36 cars. The
credit union appreciates the concerns expressed regarding its rezoning
requests but respectfully suggests that the status quo wouldp in the
long runt prove more detrimental to the neighborhood than its proposed
modest expansion.
I
,
l
IOWA CITY OFFICE MEMBERS
16.3
16.2
16.1
16
15.9
15.8
15.7
15.6
15.5
U) 15.4
0 15.3
0 15.2
15.1
15
14.9 0
14.8
14.7
14.6
14.5
14.4--
14.3---
14.2
4.414.314.2
Jul -83 Jan -84 Jul -84 Jan -85 Jul -85 Jan -86 Jul -86 Jan -87 Jul -87 Jan -88
IA
PROJECTED MEMBERS (IOWA CITY OFFICE)
15
14
Jul -83 Jul -84 Jul -85 Jul -86 Jul -87 Jul -8B Jul -89 Jul -90 Jul -91 Jul -92
25
24
23
22
21
N
c
20
O
7
0,
19
1B
17
16
r,
15
14
Jul -83 Jul -84 Jul -85 Jul -86 Jul -87 Jul -8B Jul -89 Jul -90 Jul -91 Jul -92
IOWA CITY OFFICE CHECKING ACCOUNTS
4.6
4.5
4.4
4.3
4.2
4.1
4
3.9
3.8
3.7
3.6
3.5
3.4
3.3
3.2
Jul -83 Jan -84 Jul -84 Jan -85 Jul -85 Jan -86 Jul -86 Jon -87 Jul -87 Jan -88 Jul -88
N
i
IOWA CITY OFFICE CHECKING ACCOUNTS
4.6
4.5
4.4
4.3
4.2
4.1
4
3.9
3.8
3.7
3.6
3.5
3.4
3.3
3.2
Jul -83 Jan -84 Jul -84 Jan -85 Jul -85 Jan -86 Jul -86 Jon -87 Jul -87 Jan -88 Jul -88
N
7
w
5
4
3
Jul -83 Jul -84 Jul -85 Jul -86 Jul -87 Jul -88 Jul -89 Jul -90 Jul -91 Jul -92
2A
N
U
C
O
N
0
0
r
Ia
IOWA CITY OFFICE TRANSACTIONS
COUNTER AND DRIVE—UP ONLY
34
33
32
31
30
29
28
27
26
25
24
23
22
21
1
20
19
18
Jul -83 Jan -84 Jul -84 Jan -85 Jul -85 Jan -86 Jul -86 Jan -87 Jul -87 Jan -88
3
I
f
_ ..:...:........:d171
I
i
-I
N
U
C
O
N
0
0
r
Ia
IOWA CITY OFFICE TRANSACTIONS
COUNTER AND DRIVE—UP ONLY
34
33
32
31
30
29
28
27
26
25
24
23
22
21
1
20
19
18
Jul -83 Jan -84 Jul -84 Jan -85 Jul -85 Jan -86 Jul -86 Jan -87 Jul -87 Jan -88
3
rc PROJECTED IOWA CITY TRANSACTIONS
COUNTER AND DRIVE -UP ONLY
I
3A
35
34
33
32
31
30
29
27
Jul -83 Jan -84 Jul -84 Jan -85 Jul -85 Jan -86 Jul -86 Jan -87 Jul -87 Jan -88 Jul -88
i
j
;I
35
34
33
32
31
30
29
27
Jul -83 Jan -84 Jul -84 Jan -85 Jul -85 Jan -86 Jul -86 Jan -87 Jul -87 Jan -88 Jul -88
4A
PROJECTED IOWA CITY OFFICE EMPLOYEES
52 (PART—TIME = 1/2 EMP.)
50
48
46
44
42
40
38
s: l
36
{ 1
34
32
30
WEB
28
26
Jul -83 Jul -84 Jul -85 Jul -86 Jul -87 Jul -88 Jul -89 Jul -90 Jul -91 Jul -92
j
j
I b.b
16.6
16.4
16.2
16
15.8
N
L
c 15.6
O
N
O 15.4
t
F -
v
15.2
pID 0
15
14.8
14.6
14.4
��6E19t
14.2
Jul -83 Jan -84 Jul -84 Jan -85 Jul -85 Jan -86 Jul -86 Jan -87 Jul -87 Jan -88 Jul -88
reECElvr0
SEP 151988
p.p.D. DEPARTMENT
el
I b.b
16.6
16.4
16.2
16
15.8
N
L
c 15.6
O
N
O 15.4
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SEP 15 1988
p.p.p. OEVARTMENT
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IOWA CITY OFFICE TRANSACTIONS.
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f2GCL-'IVIiPJ
SEP 15 1988
I P.P.D. 01PARTMENT
City of Iowa City
MEMORANDUM
Date: August 24, 1988
To: Planning & Zoning Commission
From: Historic Preservation Commission
Re: University of Iowa Community Credit Union's Rezoning Request
The Historic Preservation Commission would like to take this opportunity
to express concern regarding the University of Iowa Community Credit
Union's request to rezone 528 & 530 Iowa Avenue, and 15 North Johnson
Street from RNC -20 to CB -2. Much of the area east of Johnson Street and
including the three subject properties was developed for single-family
residences in the late 19th century and early 20th century. Fortunately,
a majority of these older historic homes remains intact although a number
of them have been converted to multi -family dwellings.
Iowa Avenue was envisioned as a grand boulevard connecting the territorial
capital on Clinton Street with a Governor's Mansion to be built at the
east end of Iowa Avenue. With the transfer of the territorial capitol to
Des Moines in 1857, the Governor's Mansion was never built. However, the
area at the east end of Iowa Avenue was later developed for stately homes
that is now known as the Woodlawn National Register Historic District.
The properties at 528 and 530 Iowa Avenue and 15 N. Johnson Street contain
prominent late 19th and early 20th century homes that contribute to the
character and stability of the residential neighborhood, and provide a
buffer from the negative impacts associated with the downtown. The loss
of these properties for commercial redevelopment would threaten the
stability of the adjoining residential area which has played a significant
part in the historical development of Iowa City. Directly affected by the
proposed rezoning will be the "Windrem House" at 604 Iowa Avenue which is
listed on the National Register of Historic Places. The proposed rezoning
will increase this and other older residential properties' east of Johnson
Street exposure to traffic, noise and other adverse impacts not compatible
with the residential character of this area. In order to preserve the
existing residential neighborhood, we request that the proposed rezoning
be denied.
bj/pc2
/d,d_5
6
j OMINANCE NO.
AN CMINNhCE AMWING GAPTER 36 TO PERMIT USES
ACCESSORY TO MM EACTUtING IN Cf KRCIAL ZONES.
*OZEAS, the Comercial Intensive (CI-1) zone was
i marded to Permit certain size and type of
manufacturing; and
*BEAS, typically manufacturing uses have
accessory uses such as Parking, warehousing or
offices; and
�inadvertence the Zoning Code as
Presently would not permit manufacWng use
in the CI-1 zone to have accessory uses; and
VFOMS, it is in the interest of the City to
Pent manufacturing uses in conmercial zmas, where
manufacturing is Permitted, to have accessory uses.
NJ: is
CITY:
BE IT Oft Do Br' M CI y CF ICIA
CITY:
SECTION 1 *—UD That Section 36-56(d)(2)
of the Iowa City Mmicipal Code be Mended b
deleting said section and inserting in lieu tfertr
(2) For crnmercial or MMfacturim uses then
MY be any accessory use provided that:
a. Except in the CI-1 zone, the floor
area for storage and warehousing
shall not exceed 40 Percent of the
total floor area.
b. Fences are erected according to
Section 36-64.
c. Off-street parking and loading are
Provided according to Sections 36-58
and 36-59.
d. Signs are erected according to
Section 36-60.
e. A camrnicetion tower's distance frvn
an R zone shall be at least equal to
the height of the tower.
SECIICN II s normo: If ar secticn, Rud-
sion 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
whale or any section, provision or part thereof not
adjudged invalid or uconstitutiona1.
SECTION TII EFFFPRye 64 ; This Ordinance
shall be in effect after its final passage, approval
and publication as required by law.
/God
9
Ordinance No.
Page 2
Passed and approved this
MAYOR
ATTEST;
CITY CLERK
Approved as to Form
J I o
Legal Dep t
It was moved by and seconded by
that the Ordinance as read by adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_ Ambrisco
Balmer
Courtney
Horowitz
Larson
McDonald
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
I�
I
i
i
F
OMMICE W.
AN OUNCE AMMINo THE SIGN RnUTIGS
TO PERMIT ONE LAME FREE -swim SIGH FOR
HIOHAY CCtMMIAL PROPERTIES LOCATED WAR
INTER57ATE 80.
WiEREAS, the sign regulations are intended to
provide a reasonable opportunity for all sign users
to display signs for identification; and
WEREAS, because of high speeds on Interstate
highways and the number of travelers who are not
familiar with local businesses, businesses which are
near the Interstate and rely on Interstate trade
require larger, more visible signage than those
businesses located along highways with lesser
anxnts of cross-country traffic and which do not
require the visibility frau a long distance that
high speed traffic requires; and
WMAS, to provide fair and equitable treabrent
of businesses which are near the Interstate, those
businesses should be allowed to have a larger free-
standing sign than businesses located elsewhere.
NOW, THEREPoRE, BE IT RESOLVED By H CITY MICIL
OF THE CITY OF IM CITY, IOWA:
SECTION I. AFfloEliiS
1. That Section 36-62(c)(3)b.2. is hereby riled
and the following is adopted in lieu thereof:
Two free-stardirg or norxmant sign or one
free-standing sign and one monument sign
are permitted provided that frontage along
a single lot is not less than 16o feet.
The distance between be free-standing
2. That signs shall Seectioon 36 62(c)(3)C than 150feet.
repealed and the following is adopted in lieu
thereof:
c. S, iM: Free-standing.
MMIRM Area: Two (2) square feet
per lineal foot of lot frontage, not
to exceed 250 square feet or 125
square feet per sign face;
EXCEPT that, in the CH -1 zone,
Property within 1000 feet of an
Interstate higtway right -of -may may
have one (1) free-standing sign with
a maximum sign area of SOD square
feet, or 250 square feet per sign
face, regardless of lot frontage.
Maximm Height: 25 feet, EXCEPT
that, in the CM•I zone, Property
within 1000 feet of an Interstate
highway right-of-way may have ore (1)
free-standing sign with a maximum
height not to exceed 65 feet.
SECTION 1I. REPEALER; All ordinances and parts of
ordinances in conflict with the Provisions of this
ordinance are herebyrepealed.
sECTioN III. Same-I ny: If any section, pmvi_
sion or part of the Qdinance 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 W. EFFEf7IVE DUE: This ordinance shall
be in effect after its final passage, approval and
Publication as required by lay.
Passed and approved this
MYOR
ATTEST:
CITY CLERK
Approved as to Form
R l c•�a�'/EP
Legal Wparh�t
/6a�
It was moved by and seconded by
that the Ordinance as read by adopted, and upon roll ca there were:
AYES: NAYS: ABSENT:
Ambrisco
Balmer
Courtney
Horowitz
Larson
McDonald
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
F
W.
AN 0WHIICE IAMEtDING THE SIGN TEQAATICNi
TO PERMIT OW LARGE FREE-STUING SO TUR
HIG NAY MIMERCIAL PROPERTIES LOCATED WM
INTERSTATE 80.
VFiEREAS, the sign regulations are intended to
Provide a le opportunity for all sign users
to display s for identification; and
highways and mrdxrof high Off travelers whoon nare not
familiar with 1 1 businesses, businesses which are
near the Inters to and rely on Interstate trade
require larger, re visible signage than those
businesses lova along highways with lesser
amounts of cross- try traffic and which do not
require the visibil y from a long distance that
high speed traffic ires; and
MEW, to Provide air and equitable treatment
of businesses which a near the Interstate, those
businesses should be all to have a larger f
standing sign than busi located elsatere.
NOW, THEREFORE, BE IT VED By THE CITY IL
OF THE CITY OF IOWA CITY, I :
SECTICNrc
I. That Section 36-62(c)(3) 2. is he riled
and the following is adop in li thereof:
Two free-standing or signs or one
free-standing sign and monunent sign
are permitted provided frortaw along
a single lot is not le than 16o feet.
The distance between free -starling
signs shall be no 1 than 50 feet.
2. That Section 36-62 c. is hereby
repealed and the fol1 'rg is in lieu
thereof:
c. Sion: F -etArdim
er
ton a: Two 2) squ feet
pli al foot of lo(t front , not
to 25o square feet o 125
squfeet per sign face;
EX that, in the CH -1 z
P rty within 1000 feet of
nterstate highway right-of-way
have one (1) free-stardirg sign with
a maximm sign area of 500 square
feet, or 250 square feet per sign
face, regardless of lot frontage.
Maximm Height: 25 feet, EXCEPT
that, in the CH -1 zone, Property
within 1000 feet of an Interstate
highway right-of-way may have ae (1)
free-standing sign with a maxinn
height not to exceed 65 feet.
Of
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, provi-
sion or part of the Ordinance shall be adjudged to
be invalid or mmstitutimal, such adjudication
shall not affect the4alldlity of the Ordinance as a
grole or any section, isim or part thereof not
adjudged invalid or titutimal.
QCT This Ordinance shall
be in effect after its fi 1 passage, approval and
publication as required by 1
Passed and approved this
ATTEST:
CITY CLERK
Approved as to Form
R&- n d u cd'
Lego eparment
40
THE / •N h
ru
Z`� INN AND SUPPE
September 26, 1988
CLUB
Mayor John McDonald
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
2.525 NORTH DODGE
IOWA CITY, IOWA 522.
319 35i.2((Ko
Dear Mayor:
I am sure you are aware that the Planning & Zoning Commission passed
an Amendment to the Zoning Ordinance that addresses signage near
Interstate 80 at their September 15, 1988, meeting. The consideration
of the Ordinance Amendment will be on the City Council's October
meeting agenda. I am requesting the Council expedite consideration
on the Ordinance Amendment.
The reason for our request is due to the deadline of December 1, 1988,
that we have been given by the Iowa Department Of Transportation to
take our current sign down. Although Planning & Zoning has passed the
Ordinance change, we are reluctant to order a new sign until we have
received final approval of the City Council.
Due to the time frame given to us by the Iowa Department Of Transportation
and importance of adequate Interstate 80 Signage to our new business,
we would like to coordinate taking down our current Interstate 80 sign
with the arrival and erection of our new sign as closely as possible.
Thank you in advance for City Council's consideration of our request.
Sincerely,
Bill Boyd
Partner
cc Barry Beagle, Associate Planner
N
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City of Iowa City
MEMORANDUM
Date: August 26, 1988
To: Planning and Zoning Commission
From: Karin Franklin, Senior Plann r
Re: Requested Amendment to the Zoning Ordinance for Commercial
Signage
Background
Bill Boyd has submitted a letter on behalf of Express Stop requesting an
amendment to the sign regulations of the Zoning Ordinance to permit two
free-standing signs, one of which is 75 feet high with a 256 sq. ft. sign
face in the CH -1 zone. Mr. Boyd is interested only in gaining signage for
his property which will be visible from both Highway 1 and I-80. Mr. Boyd
sought a variance before the Board of Adjustment and was denied the
variance on August 10, 1988. The staff report for the variance and
materials submitted by Mr. Boyd are included in the Commission's packet
for background on the ordinance amendment requested. The variance was
denied by a vote of 2-1 on an affirmative motion; 3 votes in favor are
required for approval.
Amendment_ Based on Applicant's Proposal
If the Commission and Council wish to consider Mr. Boyd's request, the
staff would suggest that a distinction be drawn between those businesses
which are proximate to the Interstate and presumably rely on Interstate
trade and those businesses which are located along lesser highways and do
not require the visibility from a long distance that high speed travel
requires.
To support that distinction, the few properties which are zoned CH -I and
are not along the Interstate could be rezoned, perhaps to CC -2 (Community
Commercial) to reflect their present usage and retain the signage
requirements they already have. The properties around the Interstate
would retain their CH -I zoning and an amendment to the ordinance which
provided for large free-standing signs would be added.
The only other properties in Iowa City currently zoned CH -1 are those at
Prairie du Chien and North Dodge Street and at Rocky Shore Drive and
Highway 6. Any change in the zoning for these usesshould permit at least
what is allowable on these properties now.
Staff Recommendation
The staff does not endorse this concept. The concept does address the
request before the Commission in the most appropriate manner.
The basic issue in the proposed amendment is that of signage. The 25 foot
height limitation on free-standing signs throughout Iowa City was imposed
1401
Page 2
to achieve a rooftop level for signage. Sign regulations are motivated by
concerns for aesthetics as well as safety. The desire of the City Council
at the time the 25 foot limit was adopted was to create a vista or skyline
that was defined by the buildings in the community and not by signage
towering above the buildings obstructing the image of the community with
obtrusive, large, free-standing signs. To permit signage of the size
requested anywhere is contrary to the original intent of the Code and
indicates a basic change in philosophy. The staff finds no reason for the
City to change its approach to signage at this time.
The staff would recommend that the requested amendment to the Zoning
Ordinance be denied.
Approved by: i
na Sc meiser, Director
Department of Planning and
Program Development
bc4-4
/(0 Of
THE d
til
INN AND SUPPER 1
August 23, 1988
Karin Franklin, Senior Planner
city Council/Planning & Zoning Commission
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
Dear Karin:
252$ NORTH DODGE
IOWA. CITY;IOWA. 52240 j
3/9 Z0000
The owners of Expresstop Convenience Store located at 2545 North
Dodge Street are making a formal request to amend the sign
ordinance for business zoned CHI and located at the Interstate 80
and Highway 1 interchange.
We are requesting that the ordinance be amended to allow two free
standing on premise signs. One that is 25 feet high and has 125
square feet of signage per sign face and one that is 75 feet high
and has 256 square feet of signage per sign face.
We are making this request of the Planning S Zoning Commission
and City Council because we have exhausted all other avenues available
to us to provide adequate signage for our newly developed Convenience
Store.
Sincerely,,
�
4l
Bill Boyd
Partner
i
I
h
ORDINANCE NO. 88-3394
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE
CITY OF IOWA CITY, IOWA, ENTITLED "ALCOHOLIC BEVERAGES," BY (1)
AMENDING SECTION 5-1 THEREOF TO PROVIDE DEFINITIONS OF
RESTAURANT AND OF TEMPORARY OUTDOOR SERVICE AREA AND TO UPDATE
OTHER DEFINITIONS, (2) BY AMENDING SECTION 5-6 RELATING TO
DANCING PERMITS FOR LICENSED ESTABLISHMENTS, (3) BY REPEALING
SECTION 5-33 RELATING TO THE DURATION OF PERMITS AND LICENSES,
(4) BY AMENDING SECTION 5-41 TO REVISE REGULATIONS REGARDING
OUTDOOR SERVICE AREAS, AND (5) BY ADOPTING NEW SECTIONS 5-45 AND
5-49 THROUGH 5-52 RELATING TO THE REGULATION OF TEMPORARY
OUTDOOR SERVICE AREAS AND SEASONAL AND FOURTEEN -DAY LICENSES AND
PERMITS, AND (6) BY INCORPORATING SECTIONS 5-39 THROUGH 5-52
INTO A NEW ARTICLE, ARTICLE III, ENTITLED 'OUTDOOR SERVICE AREAS
AND SEASONAL AND FOURTEEN DAY LICENSES AND PERMITS.".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I: That Chapter 5 of the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby amended by repealing Section 5-1
thereof, and enacting in lieu thereof a new section to be codified the
same to read as follows:
"Sec. 5-1. Definitions.
The following definitions shall apply to this chapter:
(a)(1) Alcohol means the product of distillation of any fermented liquor
rectified one or more times, whatever may be the origin thereof,
and includes synthetic ethyl alcohol.
(2) Alcoholic beverage means any beverage containing more than one-
half of one percent of alcohol by volume, including alcoholic
liquor, wine, and beer.
(3) Alcoholic liquor or intoxicating liquor means the varieties of
liquor defined in subsections (a)(1) and (s)(1) which contain
more than five percent of alcohol by weight, beverages made as
described in subsection (b)(1) which beverages contain more than
five percent of alcohol by weight but which are not wine as
defined in subsection (w)(1), and every other liquor or solid,
patented or not, containing spirits and every beverage obtained
by the process described in subsection (w)(1) containing more
than seventeen percent alcohol by weight, and susceptible of
being consumed by a human being, for beverage purposes. Alcohol
manufactured in this state for use as fuel pursuant to an
experimental distilled spirits plant permit or its equivalent
issued by the federal bureau of alcohol, tobacco and firearms is
not an alcoholic liquor.
(b)(1) Beer means any liquid capable of being used for beverage purposes
made by the fermentation of an infusion in potable water of
barley, malt, and hops, with or without unmalted grains or
decorticated and degerminated grains or made by the fermentation
of or by distillation of the fermented products of fruit, fruit
extracts, or other agricultural products, containing more than
14071
■
Ordinance No. 88-3394
Page 2
one-half of one percent of alcohol by volume but not more than
five percent of alcohol by weight but not including mixed drinks
or cocktails mixed on the premises.
(c)(1) City council or local authority means the City Council of the
City of Iowa City, Iowa.
(2) Club means any non-profit corporation or association of indi-
viduals, which is the owner, lessee, or occupant of a permanent
building or part thereof, membership in which entails the
prepayment of regular dues and is not operated for a profit other
than such profits as would accrue to the entire membership.
(3) Commercial establishment means a place of business which is at
all times equipped with sufficient tables and seats to accom-
modate twenty-five (25) persons at one time, and the licensed
premises of which conform to the standards and specifications of
the department.
(4) Council means the beer and liquor control council established by
state law.
(d)(1) Director or administrator means the administrator of the divi-
sion, appointed pursuant to the provisions of Chapter 123 of the
Iowa Code, or the administrator's designee.
(2) Division or department means the alcoholic beverages division of
the Iowa Department of Commerce established by Chapter 123 of the
Iowa Code.
(e) -(g) Reserved.
(h)(1) Hotel or motel means a premise licensed by the Iowa Department of
Inspections and Appeals, and regularly or seasonally kept open in
a bona fide manner for the lodging of transient guests, and with
twenty (20) or more sleeping rooms.
(i) -(k) Reserved.
(1)(1) Legal age means twenty-one (21) years of age or more.
(2) Licensed premises or premises means all rooms, enclosures,
contiguous areas, or places susceptible of precise description
satisfactory to the administrator where alcoholic beverages,
wine, or beer is sold or consumed under authority of a liquor
control license, wine permit, or beer permit. A single licensed
premise may consist of multiple rooms, enclosures, areas or
places if they are wholly within the confines of a single
building or contiguous grounds.
(m) -(n) Reserved.
(o)(1) Outdoor service area means an area outside of but immediately
adjacent to a building housing a licensed premises, which area
has been approved for use for the sale, dispensing or consumption
I
Ordinance No. 88-3394
Page 3
of alcoholic beverages or beer pursuant to the provisions of this
chapter, Chapter 123 of the Iowa Code, and Chapter 150 of the
Iowa Administrative Code. An outdoor service area shall include
any outdoor area where beer or liquor is to be sold, served,
carried, or consumed by the public and shall be considered as
part of the licensed premises. The same federal and state laws
and local ordinances which apply to the licensed premises shall
also apply to the outdoor service area.
(p)(1) Permit or license means an express written authorization issued
by the department for the manufacture or sale, or both, of
alcoholic liquor, beer, or wine.
(2) Person means any individual, association, partnership, corpora-
tion, club, hotel, motel, or municipal corporation owning or
operating a bona fide airport, marina, park, coliseum,
auditorium, or recreational facility in or at which the sale of
alcoholic liquor or beer is only an incidental part of such
ownership or operation.
(3) Person of good moral character means any person who meets all of
the following requirements:
(a) The person has such financial standing and good reputation
as will satisfy the administrator that the person will
comply with this chapter and all laws, ordinances, and
regulations applicable to the person's operations under
this chapter.
(b) The person does not possess a federal gambling stamp.
(c) The person is not prohibited by the section 5-38 from
obtaining a liquor control license or a wine or beer
permit.
(d) The person is a citizen of the United States and a resident
of this state, or licensed to do business in this state in
the case of a corporation. Notwithstanding paragraph "f"
in the case of a partnership, only one partner need be a
resident of this state.
(e) The person has not been convicted of a felony. However, if
the person's conviction of a felony occurred more than five
years before the date of the application for a license or
permit, and if the person's rights of citizenship have been
restored by the governor, the administrator may determine
that the person is of good moral character notwithstanding
such conviction.
(f) If such person isa corporation, partnership, association,
club, or hotel or motel, the requirements of this subsec-
tion shall apply to each of the officers, directors, and
partners of such person, and to any person who directly or
indirectly owns or controls ten percent or more of any
class of stock of such person or has an interest of ten
/�0?9
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Ordinance No. 88-3394
Page 4
(4)
(s)(1)
percent or more in the ownership or profits of such person.
For the purposes of this provision, an individual and the
individual's spouse shall be regarded as one person.
Prohibited sale of alcoholic liquor or beer under this chapter
includes soliciting for sales, taking orders for sales, keeping
or exposing for sale, delivery or other trafficking for a
valuable consideration promised or obtained, and procuring or
allowing procurement for any other person.
Public place means any place, building, or conveyance to which
the public has or is permitted access.
Reserved.
Residence means the place where a person resides, permanently or
temporarily.
Restaurant means a business whose primary function is the service
of food to customers and which meets the following criteria:
(a) serves hot meals prepared and cooked on the premises for
consumption on the premises;
(b) has a food service menu from which customers may order;
(c) has an employee whose primary duty is the preparation of
food, and an employee whose primary duty is to serve food
to customers;
(d) has a kitchen separate from the bar which is equipped with
a microwave oven, stove, griddle, grill, or broiler, and a
food refrigeration unit with a capacity in excess of 20
cubic feet;
(e) operates the restaurant service during at least 60% of the
hours that the business is open to the public; and
(f) holds itself out to be a restaurant, and advertises itself
as a restaurant if it advertises.
Retail beer permit means a class "B" or "C" beer permit issued
under the provisions of this chapter and state law.
Retailer means any person who shall sell, barter, exchange, offer
for sale, or have in possession with intent to sell, any
alcoholic liquor for consumption on the premises where sold, or
beer for consumption either on or off the premises where sold.
Spirits means any beverage which contains alcohol obtained by
distillation mixed with drinkable water and other substances in
solution, including, but not limited to, brandy, rum, whiskey,
and gin.
/01-79
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Ordinance No. 88-3394
Page 5
(t)(1) Temporary outdoor service area means either an area outside of
but immediately adjacent to a licensed premises which is approved
for the temporary sale of liquor, beer, or wine under the license
or permit for that premises, or an area not within a building
which is licensed for the temporary sale of liquor, beer, or wine
under a seasonal or fourteen -day license or permit.
(u) -(v) Reserved.
i
(w)(1) Wine means any beverage containing more than five percent but not
more than seventeen percent of alcohol by weight obtained by the
fermentation of the natural sugar contents of fruits or other
agricultural products, but excluding any product containing
alcohol derived from malt or by the distillation process from
grain, cereal, molasses or cactus.
SECTION 2: That Chapter 5 of the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby amended by repealing Section 5-6
thereof, and enacting in lieu thereof a new section to be codified the
same to read as follows:
"Sec. 5-6. Dancing restricted in connection with business.
(a) When allowed. Dancing is hereby authorized in connection with the
sale of liquor, beer, or wine by the drink in establishments having
at least 150 square feet of floor space available for dancing.
(b) Permit required. It shall be unlawful for any license or permit
holder under this chapter to allow dancing in connection with the
operation of such business without first securing a permit therefor
from the city clerk.
(c) Permit application. A verified application for a permit to allow
dancing in connection with the sale of liquor, beer, or wine by the
drink shall be filed with the city clerk and shall contain the
following information:
(1) The name and address of the applicant.
(2) The location of the place of business wherein dancing is to
occur in conjunction with the sale of liquor, beer, or wine by
the drink.
(3) That the applicant is a bona fide holder of a liquor control
license or a beer or wine permit.
(4) That the applicant consents to the entry of members of the city
police, fire, and health departments without a search warrant to
inspect the premises for violations of this ordinance.
(5) A statement from the chief of police, the fire chief, and the
building inspector that the premises comply with the ordinances
of the city and the statutes of the state.
I
Ordinance No. 88-3394
Page 6
(6) A detailed sketch and description of the premises. Such sketch
shall include all rooms or enclosures which are operated in
connection with the liquor control license or beer or wine
permit wherein the dancing shall be allowed and shall show the
area designated for dancing and its dimensions.
(7) A check, money order, or bank draft for the permit fee required
by the provisions of this section.
(d) Fee for dancing permit. The annual fee for a dancing permit shall be
in the amount set by the council by resolution. Such fee shall be
prorated for fractions of the square foot requirements. The initial
permit shall be valid for the same time period as applicant's liquor
control license, or beer or wine permit, and the cost shall be
prorated on that basis of time.
(e) Permit issuance. If an application is in the proper form, the city
clerk shall place the application on the agenda of the next regular
council meeting at which the city council may by resolution grant a
permit if this section has been complied with. If the resolution is
approved, the city council shall issue a permit to the applicant.
(f) Revocation of permit. In the event that a dancing permittee violates
any of the provisions of this chapter, or chapter 123 of the Code of
Iowa, the dancing permit shall be automatically revoked, and no
refund shall be made of the permit fee.
(g) Refunds. Any dancing permittee who shall voluntarily surrender a
dance permit shall be entitled to a refund for the balance of the
term remaining."
SECTION 3: That Chapter 5 of the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby amended by repealing Section 5-33.
SECTION 4: That Chapter 5 of the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby amended by repealing Section 5-41
thereof, and enacting in lieu thereof a new section to be codified the
same to read as follows:
"Sec. 5-41. Regulation of outdoor service areas.
The operation of an outdoor service area shall be subject to the
following terms, conditions and regulations.
(a) Outdoor service areas must be located on private property and may not
encroach on any public right-of-way except as provided in Section
9.1-8 of the City Code of Ordinances.
(b) An outdoor service area shall not be located on any side of a
licensed establishment which fronts on a street, unless (1) the
building is set back a minimum of 20 feet from the street right-of-
way line, (2) there is a minimum of 500 square feet of private
property on that side of the building available and proposed for use
as an outdoor service area, and (3) the outdoor service area is being
operated in conjunction with a restaurant as defined in Section 5-1.
Ordinance No. 88-3394
Page 7
(c) Outdoor service areas shall be screened on all sides from public
view. Screening shall consist of a fence or other suitable barrier
of not less than five (5) feet in height nor more than eight (8) feet
in height. It shall be of solid construction which will effectively
prevent ingress or egress from the premises except by way of an
emergency fire exist only. Such fire exit shall be required of all
outdoor service areas.
(d) Outdoor service areas shall not be accessible except from the
licensed premises which it adjoins. The required fire exit shall be
an emergency exit only.
(e) An outdoor service area must be immediately adjacent to the licensed
establishment of which it is a part.
(f) An outdoor service area shall be permitted in any C (commercial)
Zone, as provided by Chapter 36 hereof, provided that an outdoor
service area shall not be permitted if any part thereof lies within
100 feet of an R (residential) Zone. In the event that property
within 100 feet of an established outdoor service area is rezoned to
any R (residential) Zone classification, such outdoor service area
shall be permitted to continue in operation so long as it is
continuously authorized as such by the City Council without lapse,
suspension, or revocation. The City Council may waive operation of
this provision to permit continued operation of the outdoor service
area in the event of lapse or suspension of the license or permit for
the establishment, or in the event of lapse or suspension of City
Council authorization for the outdoor service area.
(g) Outdoor service areas shall comply with appropriate building, housing
and fire codes and with all other applicable state and city laws.
(h) Seating or other accommodations in an outdoor service area shall not
exceed one person per fifteen (15) square feet of floor area
accessible to the public.
(i) Amplified sound equipment shall be prohibited in outdoor service
areas. Compliance with the city noise ordinance shall be required.
Additional advertising or identification signage beyond that
permitted for the main licensed establishment shall not be permitted.
(j) The owner or operator of an outdoor service area shall be required to
observe the same per square foot occupancy limits that apply to the
building which it abuts. The occupancy limit for each outdoor
service area shall be determined by the city building official. In
the event inclement weather requires early closing of the outdoor
service area, the license or permittee shall not allow patrons of the
outdoor service area to enter that portion of the licensed premises
housed in the adjacent building if to do so would result in exceeding
the occupancy limits therefor as determined by the city building
official."
SECTION 5: That Chapter 5 of the Code of Ordinances of the City of Iowa
1G0?f
Ordinance No. 88-3394
Page 8
City, Iowa, be, and the same is hereby amended by adding thereto the
following new section to be codified as Section 5-45, to read as follows:
"Sec. 5-45. Temporary outdoor service area operated in conjunction
with a licensed premises.
(a) An application for permission to operate a temporary outdoor service
area in conjunction with a licensed premises shall be made upon the
form provided by the city. Such application may be made at any time.
The application shall include all information required to be
submitted with applications for beer and liquor licenses. The
application shall be submitted to the city clerk at least fifteen
(15) days prior to the date it is to be considered by the city
council, and shall be accompanied by payment of an inspection fee as
set by the City Council by resolution. Approval by the city council
of a temporary outdoor service area shall be by letter to the
department with regard to the diagram, dram shop insurance coverage
and all other state requirements.
(b) Approval or disapproval of an application for a temporary outdoor
service area shall be at the discretion of the city council. Such
discretion shall be exercised with due regard to public health,
safety and welfare considerations.
(c) A temporary outdoor service area can be operated in conjunction with
a licensed establishment on not more than two occasions in the
licensing year for that establishment, and for not more than three
days per occasion.
(d) A temporary outdoor service area shall be subject to the regulations
and requirements set forth in Section 5-51. Inspections shall be
made as necessary prior to issuance of the approval letter to
determine if the temporary outdoor service area will conform with
said regulations and requirements.
(e) Permission to operate a temporary outdoor service area may be
suspended or revoked pursuant to the procedure and for the same cause
as provided in Section 5-44."
SECTION 6: That Chapter 5 of the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby amended by adding thereto the
following new section to be codified as Section 5-49, to read as follows:
"Sec. 5-49. Seasonal or Fourteen -Day Licensed or Permit - Approval
Required.
Any person desiring to sell liquor, beer, or wine utilizing a seasonal
or fourteen -day license or permit, as authorized by Section 123.34 of the
Iowa Code, must make application therefor and must obtain the approval of
the city council and of the Department."
SECTION 7: That Chapter 5 of the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby amended by adding thereto the
following new section to be codified as Section 5-50, to read as follows:
/G�9
N
Ordinance No. 88-3394
Page 9
"Sec. 5-50. Application for Seasonal/Fourteen-Day License or Permit.
(a) An application for a seasonal or fourteen -day license or permit shall
be made upon the forms provided by the city.
The application shall be submitted to the city clerk at least
fifteen (15) days prior to the date it is to be considered by the
city council. Approval by the city council of an application for a
seasonal or fourteen -day license or permit shall be endorsed on the
application and sent to the department, along with the diagram, dram
shop insurance, and all other state required documents.
(b) If sales under such license or permit are to occur outside of a
building, the temporary outdoor service area within which such sales
are to occur shall be clearly identified on a diagram which shall
accompany the application. The diagram shall also set forth and
identify (1) the lot and street address of the temporary outdoor
service area; (2) the location of streets and alleys adjacent
thereto; (3) the ownership and use of all abutting private proper-
ties; (4) the location of all security fencing around the temporary
outdoor service area, and (5) the location of the entrance to and of
all exits from the temporary area.
(c) Upon submitting an application for a seasonal or fourteen -day license
or permit, the applicant shall provide the name and address of the
owner of each abutting property as well as every other property which
is within one hundred (100) feet of applicant's premises. The city
will then notify these property owners by letter of the nature of the
application and the date and time when it will appear on the agenda
for approval by the city council, so that these property owners will
have an opportunity to comment on the application if they wish.
(d) Approval or disapproval of an application for a seasonal or fourteen -
day license or permit shall be at the discretion of the city council.
Such discretion shall be exercised with due regard to public health,
safety and welfare considerations."
SECTION 7: That Chapter 5 of the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby amended by adding thereto the
following new section to be codified as Section 5-51, to read as follows:
"Sec. 5-51. Regulations and requirements applicable to temporary
outdoor service areas and to seasonal and fourteen -day permits and
licenses.
The sale of liquor or beer in a temporary outdoor service area, or
under a seasonal or fourteen -day license or permit, shall be subject to
the following regulations and requirements.
(a) Temporary sales under a seasonal or fourteen -day license or permit
may be conducted in a building owned or leased by the applicant or in
a clearly designated temporary outdoor service area owned or leased
by the applicant. A temporary outdoor service area must be located
on private property and may not encroach on any public right-of-way.
/6a9
Ordinance No. 88-3394
Page 10
(b) A temporary outdoor service area operated in conjunction with a
licensed establishment shall not be located on any side of the
licensed establishment which fronts on a street, unless (1) the
building is set back a minimum of 20 feet from the street right-of-
way line, (2) there is a minimum of 500 square feet of private
property on that side of the building available and proposed for use
as an outdoor service areas, and (3) the outdoor service area is
being operated in conjunction with a restaurant as defined in Section
5-1.
(c) The perimeter of temporary outdoor service areas shall be double
fenced with snow fencing or construction fencing not less than four
feet in height, with the outside fence located not less than six feet
distant from the inside fence. Fencing may be deleted at locations
where the temporary outdoor service areas adjoins a building. Fire
exits which are emergency exits only shall be provided. A uniformed
security officer shall be continuously present at the site of a
temporary outdoor service area if more than one hundred (100) persons
are in attendance, and an additional uniformed security officer shall
be provided for each additional fifty (50) persons attending.
(d) If a temporary outdoor service area is operated in conjunction with a
licensed establishment, it shall be immediately adjacent thereto and
shall not be accessible except from the licensed premises which it
adjoins.
(e) Parking shall be provided for a temporary outdoor service area or for
a building wherein the sale of liquor or beer occurs under a seasonal
or fourteen -day license or permit. The required number of parking
stalls shall be determined by applying the parking requirements for
that zone, if any, to that use.
(f) The sale of liquor or beer under a seasonal or fourteen -day license
or permit may occur in any principal structure which does not house a
residential use, regardless of the zone in which it is located and
regardless of its proximity to other residential uses. A temporary
outdoor service area shall be permitted in any zone, provided that a
temporary outdoor service area shall not be permitted if any part
thereof lies within 100 feet of a residential use.
(g) A building which is utilized for liquor or beer sales under a
seasonal or temporary license or permit shall comply with appropriate
building, housing and fire codes and with all other applicable state
and city laws, and shall be subject to inspection prior to issuance
of the license or permit and at any time while being operated under
such license or permit.
(h) Seating or other accommodations in a temporary outdoor service area
shall not exceed one person per fifteen (15) square feet of area
accessible to the public. A trash container or trash containers
equaling 50 gallons in volume, and one (1) restroom/toilet facility,
either permanent or temporary, must be provided on the site of the
temporary outdoor service area for each fifty (50) people expected to
attend.
/G079
Ordinance No. 88-3394
Page 11
(i) Amplified sound equipment may be operated in a temporary outdoor
service area upon issuance of a permit therefore as provided in
Section 24.4-6 of this Code. Dancing may occur in a temporary
outdoor service area or in a building which is utilized for liquor or
beer sales under a seasonal or temporary license or permit upon
issuance of a license therefor pursuant to Section 5-6 of this
chapter. Identification signage shall not be permitted.
(j) The owner or operator of a temporary outdoor service area operated in
conjunction with a licensed establishment shall be required to
observe the same per square foot occupancy limits that apply to the
licensed establishment which it abuts. The occupancy limit for each
such temporary outdoor service area shall be determined by the city
building official. In the event inclement weather requires early
closing of such temporary outdoor service area, the licensee or
permittee shall not allow patrons of the temporary outdoor service
area to enter that portion of the licensed premises housed in the
adjacent building if to do so would result in exceeding the occupancy
limits therefor as determined by the city building official."
SECTION 9: That Chapter 5 of the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby amended by adding thereto the
following new section to be codified as Section 5-52, to read as follows:
"Sec. 5-52. Suspension or Revocation of Seasonal or Fourteen -Day
License or Permit.
A seasonal or fourteen -day license or permit may be suspended or
revoked pursuant to the procedure and for the same cause as provided in
Section 5-44."
SECTION 10: That Chapter 5 of the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby amended by incorporating Sections
5-39 through 5-52 thereof into a new article, Article III, entitled
"Outdoor Service Areas and Seasonal and Fourteen Day Licenses and Per-
mits".
SECTION 11. SEVERABILITY CLAUSE: If any of the provisions of this
Ordinance are for any reason declared illegal or void, then the lawful
provisions of this Ordinance, which are severable from said unlawful
provisions, shall be and remain in full force and effect, the same as if
the Ordinance contained no illegal or void provisions.
SECTION 12. REPEALER: All ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed. These are:
Ordinance No. 2605, Section XVI, 12/21/71. Ordinance No. 72-2639, 8/8/72.
Ordinance No. 84-3213, Section II, 1., 11/6/84. Ordinance No. 86-3289, §2
and §3 (part), 6/3/86. Ordinance No. 87-3333, §1, 9/8/87.
SECTION 13. EFFECTIVE DATE: This Ordinance shall be in full force and
effect from and after its final passage and publication as by law
provided.
Passed and approved this 1st clay of November, 1988.
/4 -?9
Ordinance No. 88-3394
Page 12
MA
ATTEST: %)7a7P, ez,,,J
W IY`CLERK
Ap�pr ed as o Form
Legal Department
It was moved by Balmer and seconded b
that the Ordinance as Punbrisco
rea e a opte and upon roll call t erTi a (Vere.
First consideration 10/4/88
Vote for passage: Ayes: NcDona )rise , Balmer,
Courtney, Horowitz, Larson. Nays: None. Absent: None.
Second consideration 10/18/88
Vote for passage: Ayes: HOFOWILZ, LUrSUfl—,Mc1jonald,
Ambrisco, Courtney, Balmer. Nays: None. Absent: None.
Date published 11/9/88
AYES: NAYS: ABSENT:
Ambrisco
x
Balmer
X
Courtney
x
Horowitz
R
Larson
X
McDonald
X
First consideration 10/4/88
Vote for passage: Ayes: NcDona )rise , Balmer,
Courtney, Horowitz, Larson. Nays: None. Absent: None.
Second consideration 10/18/88
Vote for passage: Ayes: HOFOWILZ, LUrSUfl—,Mc1jonald,
Ambrisco, Courtney, Balmer. Nays: None. Absent: None.
Date published 11/9/88