HomeMy WebLinkAbout1985-05-14 Ordinance+V.,e-4 A INU;z
City of Iowa City
MEMORANDUM
Date: May 9, 1985
To: City Council
From: Karin Franklin, Senior Planner"
Re: Zoning Ordinance and Map
Due to the fact that the Planning and Zoning Commission recommendation on
the Zoning Map will require an extraordinary majority vote of the Council,
the staff suggests that the Council vote on the ordinance and the map
separately. The following process is proposed:
1. Vote on the ordinance text as recommended by Planning and Zoning and
with the Council revision of May 6 to set a grace period on compliance
with the reduced number of roomers. Adoption requires a simple
majority.
2. Vote on the map as recommended by Planning and Zoning for RS -8 zoning
north of Shimek School and with the Harlocke/Weeber area shown as
RM -44. An extraordinary majority (6 votes in the affirmative) is
required for adoption).
3. If vote N should fail, vote on the map with RS -12 (the 'current
ng
zoninort of htmek School and the Harlocke/Weeber area shown as
RM -44. Adoption requires a simple majority.
Consideration of the Zoning Ordinance and map is on the agendar�ior to
the Melrose Lake properties rezoning. The votes on the Melrose Lake items
will supersede the previous vote on the Zoning Map as it applies to these
properties. It is suggested that the Council not consider the Melrose
Lake properties with consideration of the whole Zoning Map, but keep the
two items separate.
tp4/3
ORDI14ANCE NO.
ORDIIIA14CE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED IN THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 16 IN TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE 5TH P.M. FROM
RM -12 TO RS -8.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That the property described
be o—i w is hereby reclassified from its
present classification of RM -12 to RS -8,
and the boundaries of the RS -8 zone as
indicated upon the zoning map of the City
of Iowa City, Iowa, shall be enlarged to
include:
The property bounded on the north
and west by University Heights, on the
east by the property known as Melrose
Lake Apartments and on the south by
the Tower Addition to Iowa City, such
property being more particularly
described as follows:
The southwest quarter of the
northeast quarter of the northwest
quarter of Section 16, in Township 79
North, Range 6 West of the 5th P.M.,
except the following:
Commencing at the NE corner of the
SW 1/4 of the NE 1/4 of the NW 1/4 of
Section 16, Township 79 North, Range 6
West of the 5th P.M., thence west
along the north line of said SW 1/4 of
NE 1/4 of NW 1/4, 200 feet, thence
southerly along the east line of an
extension of Olive Court 170 feet,
thence easterly at right angles with
said east line of Olive Court 200 feet
to a point on the east line of said SW
1/4 of NE 1/4 of NW 1/4, said point
being 164 feet south of the NE corner
thereof, thence north 164 feet to the
place of beginning.
SECTION II. The Building Inspector is
ere��horized and directed to change
the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon
the final passage, approval and publica-
tion of this ordinance as provided by law.
SECTION III. The City Clerk is hereby
authorized and directed to certify a copy
of this ordinance to the County Recorder
i
3
of Johnson County, Iowa, upon final
passage and publication as provided by
law.
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of the Ordinance shall
be adjudged to be invalid or unconstitu-
tional, such adjudication shall not affect
the validity of the Ordinance as a whole
or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
R@CCIvod $ Approved
"VY i5e Csryal D p/a Manr
ME
City of Iowa City
MEMORANDUM
Date: April 17, 1985
To: City Council
From: Marianne Milkman, Associate Planner j-�
Re: Rezoning in Melrose Lake Area
Attached for your information is a map showing the proposed rezoning for the
Neuzil and Williams properties if the ordinances are adopted at the final
consideration on April 23, 1985. Please note that under these ordinances the
northeast corner of the Neuzil tract (with a 10 -unit apartment building) will
remain at RN -12. Also, the triangular shaped property (Strolt property, with
a 12-plex) adjacent to the southeast property line of the Williams property
will remain at RM -12 density.
bj3/3
i
Z-8420 PROPOSED REZONING
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY BOUNDED BY UNIVERSITY HEIGHTS TO
THE NORTH, THE FORMER CRISP RAILROAD
TRACKS TO THE EAST, THE LAKEWOOD ADDITION
TO THE SOUTH AND ON THE WEST BY THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 16 IN TOWNSHIP 79 NORTH, RANGE
6 WEST OF THE 5TH P.M., FROM RM -12 TO
RS -8.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That the property described
below is hereby reclassified from its
present classification of RM -12 to RS -8,
and the boundaries of the RS -8 zone as
indicated upon the zoning map of the City
of Iowa City, Iowa, shall be enlarged to
include the property described as follows:
Commencing at the Northwest corner
of the Northeast Quarter of Section 16,
Township 79 North, Range 6 West of the
5th Principal Meridian; thence N
87045'39" W, along the centerline of
Melrose Avenue, 656.58 feet; thence S
01057'43" E, along the West line of the
East half (1/2) of the Northwest
Quarter (1/4) of the Northeast Quarter
(1/4) of the Northwest Quarter (1/4),
of said Section 16, 662.71 feet to the
Point of Beginning; thence S 88018158"
E, 606.83 feet to the Southwesterly
right-of-way line of the Chicago, Rock
Island & Pacific Railroad; thence S
44055'48" E, along said railroad
right-of-way line, 314.93 feet; thence
S 50051'00" W, 221.97 feet to the
Northeast corner of Lot 5, Lakewood
Addition, an addition to the City of
Iowa City, Iowa; thence N 86026'00" W,
141.30 feet; thence S 51038100" W,
along the Northerly line of said
Lakewood Addition; 75.00 feet; thence N
66016100" W, 71.00 feet; thence S
53012'00" W, 98.80 feet, thence S
53033'00" W, 168.28 feet; thence S
49010100" W, 98.60 feet; thence S
47009100" W, 66.10 feet to the South-
west corner of Lot 1 of said Lakewood
2
Addition; thence N 87026'00" W, 32.01
feet; thence N 01057'43" W, 657.66 feet
to the Point of Beginning.
SECTION II. The Building Inspector is
ere y au orized and directed to change
the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon
the final passage, approval and publica-
tion of this ordinance as provided by law.
SECTION III. The City Clerk is hereby
authorized and directed to certify a copy
of this ordinance to the County Recorder
of Johnson County, Iowa, upon final
passage and publication as provided by
law.
SECTION IV. REPEALER. All ordinances and
parts of or tnances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of the Ordinance shall
be adjudged to be invalid or unconstitu-
tional, such adjudication shall not affect
the validity of the Ordinance as a whole
or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This
r finance s a a in a ect after its
final passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Reaehrsd 8 Approved
By i Legal d arhrAnt
li 'fS-
0, . W
Loin I10Irof
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED AT THE SOUTHEAST CORNER
OF THE INTERSECTION OF GILBERT AND
WASHINGTON STREETS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA,:
SECTION I. CHANGE. That the property
described below is hereby reclassified
from its present classification of P to
CB -2, and the boundaries of the CB -2 zone
as indicated upon the zoning map of the
City of Iowa City, Iowa, shall be enlarged
to include this property:
Beginning at the northwest corner of
Lot 4 Block 43 Original Town, thence
east along the north lot line of Lot 4
and Lot 3 of Block 43 108 feet, thence
south approximately 153 feet to the
north right-of-way line of the east -
west alley through Block 43, thence
west along the north right-of-way line
of the alley approximately 18 feet,
thence south 96.30 feet along a line
parallel to and 11 feet east of the
east lot line of Lot 5 Block 43
Original Town, thence west 89.57 feet
to the west lot line of Lot 5 Block 43,
thence north along the east right-
of-way line of Gilbert Street 250.32
feet to the point of beginning.
SECTION II. MAP AMENDMENT. The Building
Inspector is here y authorized and
directed to change the zoning map of the
City of Iowa City, Iowa, to conform to
this amendment upon the final passage,
approval and publication of this ordinance
as provided by law.
SECTION III. CERTIFICATION. The City
Clerk is hereby authorized and directed to
certify a copy of this ordinance to the
County Recorder of Johnson County, Iowa,
upon final passage and publication as
provided by law.
SECTION IV. REPEALER: All ordinances and
parts of or inances in conflict with the
provision of this ordinance are hereby
repealed.
SECTI014 V. SEVERABILITY: If any section,
provision or part of t e Ordinance shall
2a
Ordinance No.
Page 2
be adjudged to be invalid or unconstitu-
tional, such adjudication shall not affect
the validity of the Ordinance as a whole
or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE: This Ordi-
nance shall a in effect after its final
passage, approval and publication as
required by law.
Passed and aonroved this
JOINT STATEMENT
We are disappointed because we believe that the project we proposed would be In
the best interest of the elderly and of the total community.
We wish to express our appreciation to the pastors of the 19 congregations that
comprise The Ecumenical Consultation, all of whom have expressed interest and
support for this project.
i
We wish to express our appreciation to the architectural firm of Wehner, Pattchell
and Pfiffner for the work that they have done with us in preparing the drawing and
exhibits necessary.
We wish to express our appreciation to the many citizens who have supported the
basic concept of additional housing for the elderly in downtown Iowa City.
In addition, we wish to affirm to the elderly of this community and all of its
citizens the continued commitment of The Ecumenical Housing Corporation and The
First Christian Church and the many other congregations to meet the needs of
persons in this community.
Our hope is that there will be future opportunities, and that the City Council will
work out ways to make such a project possible, if HUD funds become available in
the future.
W.W. Morris, president Robert L. Welsh, pastor
The Ecumenical Housing The First Christian Church
Corporation
It was moved by and seconded by
that the Ordinance as reada adopted and upon ro call there
were:
AYES: NAYS: ABSENT:
g AMBRISCO
X BAKER DEFEATED
XDICKSON —5/-14785
X ERDAHL
r MCDONALD
X STRAIT
T ZUBER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 31 OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA
CITY, IOWA, BY ADDING THERETO ARTICLE
VIII, ENTITLED "SIDEWALK CAFES."
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, THAT:
SECTION 1. PURPOSE. The purpose of this
amendment is to prescribe criteria for the
establishment of and to provide regula-
tions for sidewalk cafes located on the
public right-of-way in certain areas of
the city.
SECTION 2. AMENDMENT. Chapter 31 of the
Coe o r finances of the City of Iowa
City, Iowa is hereby amended by adding a
new Article, Article VIII, "Sidewalk
Cafes," as follows:
ARTICLE VIII. SIDEWALK CAFES
DIVISION 1. GENERALLY
Sec. 31-170. Purpose.
The purpose of this Article is to
prescribe criteria for the establishment
of and to provide regulations for the
sidewalk cafes located on the public
right-of-way in certain areas of the city.
Sec. 31-171. Definitions.
[For the purposes of this article the
following terms shall have the meanings
stated herein.]
Public right-of-way: The streets,
sidewalks, roadways or other property
owned by and located within the city.
Restaurant: A business establishment,
licensed by the Johnson County Board of
Health, which serves food and beverage for
public consumption on premises.
Sidewalk cafe: A restaurant's
temporary, outdoor service area used for
the serving and consumption of food and
beverages, which are dispensed from inside
said restaurant to people seated at tables
and chairs in said service area.
Sec. 31-172. Permit required.
It shall be unlawful for any person,
firm, or corporation to use any portion of
public right-of-way for a sidewalk cafe
without having first obtained a sidewalk
cafe permit and a lease agreement pursuant
to Division 2 of this Article.
VM
Ordinance No.
Page 2
Sec. 31-173. Location.
a)
Sidewalk cafes may be permitted on
the sidewalk portion of public
right-of-way or on other pub-
licly -owned property only in the
areas of the city zoned CB -10 or
CB -2 under Chapter 36 ("Zoning")
of the City Code; however,
sidewalk cafes shall not be
permitted in the area defined as
the City Plaza in Chapter 9.1
("City Plaza") of the City Code.
b)
A sidewalk cafe located on public
property must be adjacent to or in
front of the building housing the
restaurant dispensing food and
beverage for said cafe.
c)
A sidewalk cafe shall not extend
onto the public sidewalk in such a
manner as to allow less than an
eight (8) foot corridor of
unobstructed sidewalk for pedes-
trian use. The eight (8) foot
corridor of sidewalk must be
continuous and contiguous with
adjoining sidewalks.
Sec. 31-174.
Furnishings and equipment.
a)
The boundaries of a sidewalk cafe
located on public property shall
be delineated by ropes, chains or
by some other non -permanent
method
approved by the City
Council. No
permanent fixtures on the public
right-of-way shall be permitted.
At the end of each day's opera-
tion, said boundary markers, all
tables, chairs and other furnish-
ings of the cafe shall be removed,
and the cafe area shall be
restored to its normal condition
as a pedestrian way.
b)
All tables, chairs and other
furnishings of the sidewalk cafe
shall be set back at least ten
(10) feet from any alley.
c)
A sidewalk cafe shall not utilize
any public amenities such as
public benches or seats.
d)
Amplified sound equipment shall
not be permitted in the sidewalk
cafe area.
e)
Advertising or identification
signage, other than that permitted
on the building housing the main
M
Ordinance No.
Page 3
restaurant, shall not be permitted
in the sidewalk cafe area,
including on tables, chairs and
other furnishings of said cafe.
Sec. 31-175. Service of alcoholic
beverages or beer.
Alcoholic beverages or beer may be
served at the sidewalk cafe as an outdoor
service area only under the authority of a
liquor control license or beer permit
issued by the Iowa Beer and Liquor Control
Department pursuant to Chapter 123, Code
of Iowa.
Sec. 31-176. City manager's rule-making
authority.
The City Manager may make, amend,
revoke and enforce reasonable and neces-
sary rules and regulations governing the
operations of sidewalk cafes; a copy of
any and all rules and regulations issued
under the provision of this section shall
be filed in the office of the City Clerk
and shall be available for inspection
during normal business hours.
Secs. 31-177 - 31-184. Reserved.
DIVISION 2. PERMIT
Sec. 31-185. Application for permit.
In order to obtain a sidewalk cafe
permit pursuant to this Article, the
applicant shall file a signed application
with the City Manager or his/her designee
in such form as prescribed by same. In
order to be considered, the application
and attachments shall contain sufficient
information to ensure full compliance with
this Article. At a minimum, the applica-
tion shall contain a plot plan showing
dimensions of the sidewalk cafe area, a
picture or illustration of the furnishings
to be used, the seating capacity of the
sidewalk cafe, and whether alcoholic
beverages or beer are intended to be
served. In addition, the applicant shall
provide the name and address of the owners
of each immediate abutting property. City
staff shall notify the abutting property
owners by mail of said application and of
i the date and time said application will
appear on the agenda for City Council
consideration.
ZiI
Ordinance No.
Page 4
Sec. 31-186. Insurance and indemnifi-
cation.
The applicant shall agree to indemni-
fy, defend and save harmless the City of
Iowa City, its agents, officers and
employees, from and against all claims,
damages, losses and expenses in any manner
resulting from, arising out of or con-
nected with the use of public right-of-way
to which the application relates. The
application shall be accompanied by a
policy of liability insurance purchased by
the applicant for the protection of the
public, which policy shall name the city
as an additional insured and shall
indemnify and hold harmless the city. The
liability insurance required as a condi-
tion to the issuance of a sidewalk cafe
permit shall be in the minimum amount of
three hundred thousand dollars
($300,000.00) for personal injuries, and
fifty thousand dollars ($50,000.00) for
property damage. Such insurance shall be
provided by a company authorized to do
insurance business in the state of Iowa
and shall provide thirty (30) days' notice
of cancellation or material change.
Sec. 31-187. Fees.
The applicant shall include with the
application a permit fee to be determined
by resolution of the City Council. The
permit fee, which shall be based upon the
square foot area to be leased for the
sidewalk cafe, may be periodically
reviewed and revised, as appropriate, by
resolution of the City Council.
Sec. 31-188. Council action on applica-
tion; lease agreement.
The City Manager or his/her designee
shall promptly submit only complete
applications to the City Council. The
City Council will normally consider such
applications only at regularly scheduled
formal meetings. Upon approval of an
application, the City Council shall issue
a sidewalk cafe permit which shall become
effective at the time a lease agreement
for the subject public right-of-way is
executed between the applicant and the
City. Failure to execute such lease
agreement within two (2) weeks of the
granting of a sidewalk cafe permit will
result in a revocation of the permit.
10
Ordinance No.
Page 5
Sec. 31-189. Term of permit.
a) Permits shall be for the term
specified in the lease agreement or until
terminated or revoked by the City Manager
pursuant to the lease agreement. In no
case shall the term of said lease agree-
ment be longer than one (1) year.
b) Permits and leases are non-
transferable and non -assignable.
SECTION 3. REPEALER: All ordinances and
parts of or finances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION 4. SEVERABILITY: If any section,
provision or partofinvthe Ordinance shall
be adjudged to be alid or unconstitu-
tional, 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 5. EFFECTIVE DATE: This Ordi-
nance shall be in effect after its final
passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
R000tvad 8: APPMvad
Dy Tho Legal Depert "nt
S 3
ORDINANCE NO. 85-3234
AN ORDINANCE AMENDING SECTION 31-10 OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA
CITY TO DESIGNATE THE LOCATION WITHIN THE
CITY WHERE CERTAIN SURFACE MATERIALS
WITHIN THE STREET RIGHT-OF-WAY ARE
PROHIBITED.
I
SECTION I. PURPOSE. The purpose of this
amen men s o specify the location
within the city where certain surface
materials, such as rocks and stones in the
street right-of-way shall be prohibited.
SECTION 2. AMENDMENT. Section 31-10 is
j ere y repea a an substituted in its
place is the new Section 31-10:
Section 31-10 Prohibitmaterials alsin the surface
between the traveled or
paved area of the
street right-of-way and
the abutting property
line.
Within the area of the city
bordered by Church, Dodge, Bowery, and
Madison Streets, no person shall place
or allow to be placed any loose rocks,
stones, gravel, or similar loose
substances as a surface material in
the area between the traveled or paved
area of the street right-of-way and
the abutting property line.
The director of public works shall
adopt administrative regulations which
describe acceptable surface materials
and establish policies and procedures
for their placement and maintenance.
SECTION III. REPEALER: All ordinances and
pars o ornances Tn conflict with the
provisions of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY: If any
sec on, prov s on or par of this Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such adjudication shall
i not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or un-
constitutional.
SECTION V. EFFECTIVE DATE: This Ordinance
s a a n e 'eca ter its final
passage approval and publication as
required by law.
90/
z ,
3
It was moved by Strait and seconded by Ambrisco
j that the Ordinance be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
� X Ambrisco
X Baker
--y' —Dickson
XErdahl
7—McDonald
X Strait
Y Zuber
First Consideration April 23, 1985
Vote for passage: yes: Zuber, Am risco, Baker,
Erdahl, McDonald, Strait. Nays: None. Absent: Dickson.
Second Consideration May. 7. 1985
Vote for passage:Ayes: Strait, Zuber, Baker, Dickson,
McDonald. Nays: None. Absent: Ambrisco, Erdahl.
Date published May 22, 1985
I
I
I
i
90/